HomeMy WebLinkAboutbocc.con.225.2013 Rev. 08-30-1/jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 225-2013
ORIGINATING DEPARTMENT: Airport
PROCUREMENT OFFICER: Dustin Havel PHONE#: 429-2855
PROJECT NAME: Concrete Raised Crosswalks at Terminal CONTRACTOR: Architectural Concrete
Finishes
DOLLAR AMOUNT: $47,093.04 LINE ITEM # 404.20.00000.82000
CONTRACT EXECUTION DATE: 9/]0/2013 CONTRACT END DATE: 11/30/2013
AUTOMATIC RENEWAL: ❑ YES � NO TERM:
❑ BOCC AGENDA ITEM (Grants, IGA) � STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER$50,000(Requires Section Leader& County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None � Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal
�?5 ��- `T�r-I+-�
✓ CHECK CONTRACT TYPE:
❑ Services/Main[enance ❑ Employment
❑ License/Use ❑ Intergovemmental Agreement(Resolu[ion Required)
❑ Lease ❑ Non-Profit
� Construction ❑ Quasi-Public(e.g.-AVH)
Q Goods, Equipment, Supplies ❑ Grant Agreements(Notify Finance & Resolution Required)
❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/O: 10%or$25K�e•hichever is the lesser mus[have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ � No Pages Missing ✓� All Other Blanks Filled [n
✓ ❑ If Page Left [ntentionally Blank—Note on Page ✓� All Exhibits Attached
✓ � Page numbered consecutively ✓❑ All Legal Descriptions attached ('fapplicable)
✓ � All Original Signatures Affixed ✓❑Notice of Award/Notice to Proceed Attached (ifnpplrcable)
✓ � All Dates Filled In ✓❑ Warranty(if applicable)
✓ � Special Instructions for Finance Department: Pay out of line item above and 404.23.00000.82725
✓ � Authorized Procurement OTficer's Name: Dustin Havel
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
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PITKIN COUNTY CONSTRUCTION CONTRACT
CONCRETE RAISED CROSSWALKS AT TERMINAL
THIS CONTRACT, made this l0`h day of September, 2013 by and between the Board of
County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and
Architectural Concrete Finishes (hereinafter called the "Contractor") to perform the following work:
Installation of Concrete Raised Crosswalks at the Aspen/Pitkin County AirpoR Terminal ("ProjecY').
L Term of Contract. The term of this contract is from September 10`�, 2013 to November 30`n
2013.
II. Scope of Work and Work Schedule.
A. Installation of four(4) concrete raised crosswalks at Asperi/Pitkin County Airport
Terminal as described in attached Exhibit A.
B. All work performed under this Contract shall be done according to the following work
schedule as outlined in Exhibit A.
III. Pavment. The County agrees to pay, and the Contractor agrees to accept, in full payment for the
performance of this Contract, the total price of forty seven thousand ninety three dollars and four cents
($47,093.04) in accordance with this Contract, subject to increase or decrease in accordance with the
provisions of this Contract; but any payment by the County may be offset by any amount the Contractor
owes the County for any reason.
A. Payment Procedures.
l. Contractor shall submit applications for payment every thirty (30) days for
work done to date.
2. Progress payments.
� a. County shall make progress payments, within thirty (30) days oF
County's approval of Contractor's pay request.
b. If Contractor is satisfactorily performing this Contract, progress
payments shall be in an amount equal to ninety percent (90%) of the calculated value
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of any Project work completed, less the aggregate of payments previously made until
fifty percent (50%) of the Project work required by this Contract has been performed.
Thereafter, County shall pay all remaining progress payments and maintain only
existing retainage if, in the opinion of the Procurement Officer and County, satisfactory
progress is being made on the Project. If, in the opinion of the Procurement Officer
and County, satisfactory progress is not being made on the Project, or if claims are
filed under Section 38-26-107, Colorado Revised Statutes, as amended, County may
retain such additional amounts as County may deem necessary to assure completion of
the Project or to pay such claims and any Procurement Officer's and attorney's fees
reasonably incurred or to be incurred by County in defending or handling such claims.
The withheld percentage of the Contract Price shall be retained until the Project is
completed satisfactorily and finally accepted by County in accordance with the
provisions of this Contract. Progress payments shall not constitute final acceptance of
the Project.
B. County shall make final payment, including release of retainage, to Contractor in
accordance with this Contract and Section 38-26-107, C.R.S. and Section 24-91-103, C.R.S., as
amended.
IV. Contractor's Obli atg ions.
A. Supervision and Superintendence.
1. The Contractor shall supervise and direct the Project competently and
efficiently devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Project in accordance with this Contract. The Contractor shall be
solely responsible for the means, methods, techniques, sequences and procedures of
construction. The Contractor shall be responsible to see that the finished Project complies
accurately with this Contract.
2. The Contractor shall appoint and identify to the County and Procurement
Officer, a competent on-site superintendent to be kept on the Project at all times during its
progress and who shall not be replaced without written notice to the County and the
Procurement Officer except under extraordinary circumstances. The superintendent will be the
Contractor's representative at the site and shall have authority to act on behalf of the
Contractoc All communications given to the superintendent shall be as binding as if given to
the Contractor.
B. Subcontractors, Suppliers and Others.
l. The Contractor shall not employ any subcontractor, supplier or other person or
organization (including those acceptable to the County and the Procurement Officer, whether
initially or as a substitute) against whom the County or the Procurement Officer may have
reasonable objection.
2. The identity of subcontractors, suppliers or other persons or organizations
induding those who are to furnish the principal items of materials and equipment must be
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submitted to the County in advance of any work performed or materials supplied under this
Contract for acceptance by the County and the Procurement Officer. No acceptance by the
County or the Procurement Officer of any such subcontractor, supplier or other person or
organization shall constitute a waiver of any right of the County or the Procurement Officer to
reject defective Project work.
3. The Contractor shall be fully responsible to the County and the Procurement
Officer for all acts and omissions of the subcontractors, suppliers and other persons and
organizations performing or fumishing any of the Project work under a direct or indirect
Contract with Contractor just as Contractor is responsible for Contractor's own acts and
omissions. Nothing in this Contract shall create any Contractual relationship between the
County or the Procurement O�cer and any such subcontractor, supplier or other person or
organization, nor shall it create any obligation on the paR of the County or the Procurement
Officer to pay or to see to the payment of any moneys due any such subcontractor, supplier or
other person or organization except as may otherwise be required by laws and regulations.
4. All Project work performed for Contractor by a subcontractor will be pursuant
to an appropriate Contract between the Contractor and the subcontractor which specifically
binds the subcontractor to the applicable terms and conditions of this Contract for the benefit
oFthe Counry and the Procurement Officer.
C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and
assume all costs incident to their use in the performance of the Project or the incorporation in the
Project of any invention, design, process, product or device which is the subject of patent rights or
copyrights held by others. Contractor shall indemnify and hold harmless the County and the
Procurement Officer and anyone directly or indirectly employed by either of them from and against all
claims, damages, losses and expenses (including attomey's fees and court costs) arising out of any
infringement of patent rights or copyrights incidental to the use in the performance of the Project or
resulting from the product or device not specified in this Contract, and shall defend all such claims in
connection with any alleged infringement of such rights.
D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain and
pay for all construction permits and licenses. The County shall assist the Contractor, when necessary,
in obtaining such permits and licenses. The Contractor shall pay all governmental charges and
inspection fees necessary for the prosecution of the Project. The Contractor shall pay all charges of
utilities for connections to the Project, and the County shall pay all charges of such utility owners for
capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply with all
federal, state, and local laws, ordinances, rules, and regulations applicable to fumishing and
performance of the Project including rules, regulations, and ordinances the County promulgates at any
time. Except where otherwise expressly required by applicable laws and regulations, neither the
County nor the Procurement Officer shall be responsible For monitoring the Contractor's compliance
with any Laws or Regulations.
F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax may
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not apply to materials purchased by the County. The Contract price shall include all other federal,
state, and/or local direct or indirect taaces, which do apply. The Contract price shall include the wst of
compliance with all other Federal Laws and Regulations at no additional wst to the County (except as
provided in this Contract). The Contractor shall not be reimbursed separately for any taxes, which
may apply except as provided in this Contract, and the Contractor shall be responsible for all taxes,
which may apply. The County is tax exempt from Federal Excise Ta�c and Colorado State or local
sales or use taxes. The Contractor and its subcontractors shall apply to the Colorado Department of
Revenue for a Certificate of Exemption indicating that the Contractor or subcontractor's purchase of
construction material or building materials is for use in a building, structure, or other public work
owned and used by the County.
G. Use of Premises.
1. The Contractor shall confine construction equipment, the storage of materials
and equipment and the operations of workers to the Project site and land and areas permitted
by this Contract, law, ordinances, and permits. The Contractor shall assume full responsibility
for any damage to any such land or area, or to the County or occupant thereof or of any land or
areas contiguous thereto, resulting from the performance of the Project. Should any claim be
made against the County or the Procurement Officer by any such owner or occupant because
of the performance of the Project, Contractor shall promptly settle with such other party. The
Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold
the County harmless from and against all claims, damages, Iosses and expenses (including, but
not limited to, fees of engineers, arohitects, attorneys and other professionals and court costs)
arising directly, indirectly or consequentially out of any action, legal or equitable, brought by
any such other party against the County or the Procurement Officer to the extent based on a
claim arising out of the Contractor's performance of the Project.
2. During the progress of the Project, the Contractor shall keep the premises free
from accumulations of waste materials, rubbish and other debris resulting from the Project. At
the completion of the Project, the Contractor shall remove all waste materials, rubbish and
debris from and about the premises as well as all tools, appliances, construction equipment and
machinery, temporary structures, stumps or portions of trees, and surplus ma[erials, and shall
leave the site clean and ready for occupancy by the County. The Contractor shall restore to
original condition all propeRy not designated for alteration by this Contract.
3. The Contractor shall not load or permit any part of any structure to be loaded in
any manner that will endanger the structure, nor shall the Contractor subject any part of the
Project or adjacent propeRy to stresses or pressures that will endanger it.
H. Safety and Protection.
I. The Contractor shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project. The
Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
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a. All employees in the Project area and other persons and organizations
who may be affected thereby;
b. All the Project materials and equipment to be incorporated therein,
whether in storage on or offthe site; and
c. Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, road-ways, structures, utilities and underground facilities not
designated for removal, relocation or replacement in the course of construction.
The Contractor shall be required to assume sole and complete responsibility for job site
conditions during the course of construction of the Project, including the safety of all persons
who may enter on the job site for any reason and the security of all property located on the job
site. This requirement shall apply at all times during the courses of the Contract and not only
to normal Project work hours.
2. The Contractor shall at all times conduct the Project in such manner as will
incur the least practicable interference with traffic and existing utility systems. No section of
any road shall be closed to the public, nor any utility system put out of service except after
permission has been granted by the Procurement Officec Each item of the Project shall be
prosecuted to completion without delay and in no instance will the Contractor be permitted to
transfer its forces from an uncompleted Project to a new Project without prior written
notification of the Contractor to the Procurement Officer.
� Unless this Contract specifically provides for the closing to traffic of any local road or
highway while construction is in progress, such road or highway shall be kept open to all
traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition
temporary approaches, crossings, or intersections with roads and highways. The Contractor
shall bear all expense of maintaining traffic over the section of road affected by the Project to
be done under this Contract, and of constructing and maintaining such approaches, crossing,
intersections and any necessary features without direct compensation, except as otherwise
provided.
ik The Contractor shall provide, erect and maintain all necessary barricades, signs, danger
signals and lights to protect the Project and the safety of the public. The Contractor's
responsibility for necessary barricades, signs, and lights shall not cease until the Project has
been accepted.
I. Shop Drawings and Samples.
l. After checking and verifying all field measurements and after complying with
applicable procedures specified in this Contract, the Contractor shall submit to the
Procurement Officer for review and approval in accordance with the approved schedule of
shop drawing submissions, three (3) copies (unless otherwise specified) of all shop drawings,
which will bear a stamp or specific written indication that the Contractor has satisfied the
Contractor's responsibilities under this Contract with respect to the review of the submission.
All submissions will be identified as the Procurement Officer may require. The data shown on
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the shop drawings will be complete with respect to quantities, dimensions, specified
performance and design criteria, materials and similar data to enable the Procurement Officer
to review the information as required.
2. The Contractor shall also submit to the Procurement Officer for review and
approval with such promptness as to cause no delay in Project, all samples required by this
Contract. All samples will have been checked by and accompanied by a specific written
indication that the Contractor has satisfied the Contractor's responsibilities under this Contract
with respect to the review of the submission and will be identified clearly as to material,
supplier, peRinent data such as catalog numbers and the use for which intended.
3. Before submission of each shop drawing or sample, the Contractor shall have
determined and verified all quantities, dimensions, specified performance criteria, installation
requirements, materials, catalog numbers and similar data with respect thereto; and reviewed
or coordinated each shop drawing or sample with other shop drawings and samples and with
the requirements of the Project and this Contract.
4. At the time of each submission, the Contractor shall give the Procurement
Officer specific written notice of each variation that the shop drawings or samples may have
from the requirements of this Contract, and, in addition, shall cause a specific notation to be
made on each shop drawing submitted to the Prowrement Officer for review and approval of
each such variation.
5. Where a shop drawing or sample is required by the specifications, no related
Project work shall be commenced prior to the Procurement Officer's review and approval of
the shop drawing or samples.
6. The cost of furnishing alI shop drawings and samples shall be bome by
Contractor.
V. Perforrnance and Pavment Bond.
A. Contractor shall fumish a performance and payment bond in the amount of one half of
the total Contract value For all Contracts over $50,000, as required by C.R.S. § 38-26-105, et seq. All
Bonds shall be in the form acceptable to the County. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
B. If the surety on any Bond fumished by Contractor is declared bankrupt or becomes
insolvent or its right to do business is terrninated in any state or it ceases to meet the requirements of
paragraph.A of this Section, Contractor shall within five (5) days thereafter substitute another Bond
and Surety, both oFwhich must be acceptable to the County.
VI. Indemnitv.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right
to participate,defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or
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assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency
issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits
and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims
of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or
on account of any act, claim or amount azising or recovered under workers' compensation law or arising
out of the failure of the Contractor to conForm to any statutes, ordinances, regulation, law or couR decree.
It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment
costs where this contract of indemnity applies. In consideration of the award of this contract, the
Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated
and/or affiliated entities, successors, or assigns, iu elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the Contractor for the County.
B. The Contractor Further shall investigate, process, respond to, adjust, provide defense for
and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear
all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or
fraudulent.
VIL Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are satisfied,
insurance against claims for injury to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit
the indemnity covenants contained in this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the work under this Contract by
the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess
its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader
coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to
the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or
types.
A. Coverage and Limits of Insurance:
Contractor shall provide coverage with limits of liability not less than those stated below. An
umbrella and/or excess liability policy may be used to meet the minimum (iability requirements
provided that the coverage is written on a"following form"basis.
1. Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers' Compensation Act., AND when such contractor
or subcontractor executes the appropriate sole proprietor waiver form.
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Minimum Limi[s:
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability–ISO 1CG 0001 form or equivalent
(With County named additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage(Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal/Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract (inc►uding defense costs assumed under
contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004
Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language on the
Additional Insured Endorsements specified above: "County, its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers named as an additional insured with respect to
liability and defense of suits arising out of the activities performed by, or on behalf of
the Contractor, including completed operations".
3. Auto Liability: Bodily injury and property damage for any owned, hired, and non-
owned vehicles used in the performance ofthis Contract.
Minimum Limits:
Bodily Injury/Property Damage(Each Accident) $ 1,000,000
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4. Special Covei2geS (check as appropriote ond insert amount):
❑ (1) Performance Bond $
❑ Labor and Material $
❑ Payment Bond $
❑ (2) Professional Errors and Omissions
❑ (3)Aircraft Liability
❑ (4)Owner's Protective
❑(5) Builder's Risk
❑ (6) Boiler and Machinery
❑ (7) Loss of Use Insurance
❑ (8) Pollution Liability
❑ (9)Crime, including Employee Dishonesty Coverage,or Fidelity Bond
B. Proofof[nsurance:
1. Each insurance policy required by the insurance provisions oFthis Contract
shall provide the required coverage and shall not be suspended, voided or canceled except after
thirty (30)days prior written notice has been given to the County, except when cancellation is
for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall
be sent directly to (County Representative's Name & Address). If the insurance carrier will
not provide the required notice,the ConsultanUContractor and or its insurance broker shall
notify the County of any cancellation, or reduction in coverage or limits of any insurance
within seven (7) days of receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Contractor shall file with the Procurement
Officer a ceRified statement as to claims pending against the required coverages, reserves
established on account of such claims, defense costs expended and amounts remaining on policy
limits.
2. In addition,these Certificates of Insurance shall contain the following clauses:
a. The contractor's insurance shall be primary and non-contributory with any
insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse agains[ the County of Pitkin for payment of any premiums or for
assessments under any fortn of policy.
c. Any and all deductibles or self-insured retentions in the above-described
insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Contractor.
d. Location of operations shall be: "all operations and locations at which
work for the referenced Project is being done."
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3. CeRificates of Insurance for all renewal policies shall be delivered to the
Counry's Representative at least fifteen (15)days prior to a policy's expiration date except for any
policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy and any
policy endorsement at any time during the term of this contract.
VIII. Exemptions and Preferences.
A. All purchases of construction or building or any other materials for any Contract shall
not include Federal Excise Taxes or Colorado State or loca) sales or use taaces. Pitkin County is
exempt from such taxes under registration numbers 98-02624 and 84-78000-SK.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be
employed to perform the Project to the extent of not less than eighty percent (80%) 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 bona frde residents oF Colorado with a preference
to residents of the County where the Project is performed.
IX. Protection and Restoration of Propertv and Landscaae; Hazazdous Materials.
A. Protection and Restoration of Property and Landscape.
1. The Contractor shall be responsible for the preservation of all public and
private property and shall carefully protect from disturbance or damage all land and property,
as well as any monuments and property marks until the Procurement Officer has witnessed or
otherwise referenced their location and shall not remove them until directed.
2. The Contractor shall be responsible for all damage or injury to property of any
character, during the prosecution of the Project, resulting from any act, omission, neglect, or
misconduct in its manner or method of executing the Project, or at any time due to defective
Project work or materials, and said responsibility shall not be released until the project shall
have been completed and accepted.
3. When or where any direct or indirect damage or injury is done to public or
private property by or on account of any act, omission, neglect, or misconduct by the
Contractor in the execution of the Project, or in consequence of the non-execution thereof by
the Contractor, it shall restore, at its own expense, such property to a condition similar or equal
to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise
restoring as may be directed, or it shall make good such damage or injury in an acceptable
manner.
4. Materials storage, equipment parking, vehicle parking and stockpiling excavated
materials shall be allowed only in those areas designated by the Procurement Officer.
5. If the Contractor disturbs any of the landscape not called for removal, it shall
restore those areas as directed by the Procurement Officer at the Contractor's expense.
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B. Hazardous Materials
1. The County shall not be responsible for the cost of and the removal or clean up
of Hazardous Materials found in any materials brought to the Project site, after the Project site
is tumed over to the Contractor.
2. The Contractor shall provide the Procurement Officer with a written
certification each time materials or equipment is brought onto the Project site that such
materials or equipment do not contain Hazardous Materials.
X. Countv Work at the Project Site.
A. The County may perform other work related to the Project at the site by the County's
own forces, have other work performed by utility owners or let other direct contracts therefor which
shall contain terms similar to these. The Contractor shall perform and coordinate its activities with
other contractors to avoid conflict and minimize disruptions.
B The Contractor shall afford each utility owner and other contractor who is a par[y to
such a direct contract(or the County if the County is performing the additional work with the County's
employees) proper and safe access to the site and a reasonable opportunity for the introduction and
storage of materials and equipment and the execution of such work, and shall properly connect and
coordinate the work with theirs. The Contractor shall do all cutting, fitting and patching of the Project
that may be required to make its several parts come together properly and integrate with such other
work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise
altering their work and will only cut or alter their work with the written consent of Procurement
Officer and the others whose work will be affected. The duties and responsibilities of Contractor
under this paragraph are for the benefit of such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of the Contractor in said direct contracts between the
County and such utility owners and other contractors.
C. If any part of the Contractor's Project depends for proper execution or results upon the
work of any such other contractor or utility owner (or the County), the Contractor shall inspect and
promptly report to the Procurement Officer in writing any delays, defects or deficiencies in such work
that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure
to report such conditions will constitute an acceptance of the other work as fit and proper for
integration with the Contractor's Project except for latent or non-apparent defects and deficiencies in
the other work.
XI. Chanqes in the Proiect and Use of Chan�e Orders.
A. The County may, From time to time, request changes in the scope of services of the
Contractor to be performed hereunder.
1. The Procurement Officer shall issue a notice informing the Contractor of a
planned change in the Project and requesting the Contractor's detailed price proposal and
adjusted schedule of work. The Contractor shall submit a priced proposal for performing the
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proposed change in the Project within five (5) days of notice or such other time acceptable to
both parties. When the Contractor and the County reach agreement on the adjustments to the
Contract price and/or Contract time, and changes in the Project, such adjustments shall be
promptly recorded in an executed Change Order.
B. All Contractor initiated change requests shall be submitted to the County and the
Procurement Officer in a letter or written notice with the reference notation "Contractor Change
RequesP'. If the Contractor: (i) receives any oral or written instructions, directives or interpretations
of Contract Documents, or determinations from the Procurement Officer or, (ii) identifies what it
believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters
a differing site condition; or, (iv) is delayed in the progress of the Project; or, (v) becomes aware of
any other matter or circumstance which it believes would require a change in the Contract Price or
Contract Time, the Contractor shall give the Procurement Officer prompt written notice of such
matters.
1. All Contractor change requests shall be dated, numbered sequentially, and shall
describe the action or event which the Contractor believes may require an extension in time,
price or other modification. The Contractor shall also provide descriptions of possible
Contractor actions or solutions to minimize the cost of the Contractor change request and,
provide an estimate of the adjustment in the Contract price and/or Contract time, which it
believes is appropriate.
2. Contractor Time Requirements.
a. With respect to orders, instructions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this Contract, a
Contractor change request shall be submitted before the Contractor acts on them, but in
no event more than ten (10) consecutive calendar days after they were received or
discovered.
b. With respect to any differing site conditions, a Contractor change
request shall be submitted before the conditions are disturbed, but in no event more
than ten (]0) consecutive calendar days after the conditions are first discovered.
c. W ith respect to delays, a Contractor change request shall be submitted
as soon as the Contractor has knowledge of the delay, but in no event more than ten
(10) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the Contractor
believes would require a change, including delays, a Contractor change request shall be
submitted as soon as the Contractor has knowledge of the matter or circumstance, but
in no event more than ten (10) consecutive calendar days after the Contractor becomes
aware of such circumstance or matter.
3. Submittal Requirements and Waiver of Claims
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a. If the Contractor does not submit a Contractor change request within the
time required above, any action by the Contractor related to such order, direction,
instruction, interpretation, determination, design error or omission, or other matter,
including delays or differing site conditions, will not be considered by the County as a
change to the Project and the Contractor waives any claim for an adjustment on the
Contract price or the Contract time.
b. The Contractor shall, at the time a Contractor change request is
submitted provide the Procurement Officer with a complete and itemized proposal of
Contract price and time adjustments. The proposal shall also contain a detailed
explanation, citing all applicable provisions in this Contract, which supports the
Contractor change request. If the Contractor does not submit its itemized proposal
within the time described above or within such extension, which the Procurement
Officer, in his/her discretion may have granted in writing, it waives any claim for an
adjustment in the Contract price or Contract time arising out of the act or event
described in the Contract change request.
c. If a Contractor change request is denied by the Procurement Officer, in
whole or in part, any claim for an increase in the Contract price or Contract time
arising out of the act or event described in the Contractor change request is waived
unless the Contractor timely complied with the provisions of paragraphs 2(a-d) of this
Section.
XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective
Proiect Work.
A. Warranty.
I. The Contractor warrants and guarantees to the County that all Project work,
whether supplied, furnished, installed, provided, or performed by Contractor, a subcontractor, or
supplier, will be in accordance with this Contract and will not be defective and that all Project
work shall be performed in a skillful and workmanlike mannec Additionally,the Contractor shall
warrant that all equipment which is incorporated into the Project or any subsystem shall be new,
free from liens and defects in design, have clear title, be free from faulty materials and
workmanship, and shall confortn in aIl aspects to the tertns of this Contract, to the drawings
issued for manufacture by the Contractor, and shall be in conformance with the those technical
specifications provided in Section II (Scope of Work) of this Contract and Contractor's Proposal.
Except where longer periods of warranty aze indicated for certain items, Contractor warrants
Project work, whether fumished, installed, provided, performed or supplied by Contractor, a
subcontractor or supplier,to be free from faulty materials and workmanship and that each piece of
equipment or any part thereof incorporated into the Project or any subsystem shall conform to the
aforementioned wamanty and guarantee provisions and be free from failure for a period of not
less than 12 months from date of Final Payment. Landscaping replacement shall be warranted for
two (2)growing seasons.
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2. With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Project work performed and materials furnished under the
Contract,the Coutractor shall:
a. Obtain all warranties that would be given in normal commercial practice.
To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty
exceeds the minimum County requirements as set forth in this Section or elsewhere in this
Contract,the subcontractor's, manufacturer's,or supplier's standard warranty shall apply.
b. Require all warranties to be executed, in writing, for the benefit of the
County, if directed by the Procurement Of�icer; or
c. Enforce all warranties for the benefit of the County, if directed by the
Procurement Officer.
d. Assign all warranties and guarantees in writing to the County upon the request
of the County.
B. Access to Project. The Procurement Officer and the Procurement Officer's
representatives, other representatives of the County, testing agencies and govemmental agencies with
jurisdictional interests shall have access to the Project, at any time for their observation, inspecting and
testing. Contractor shall provide proper and safe conditions for such access.
C. Tests and lnspections.
1. The Contractor shall cooperate with material testing persons and firms, and for
required inspections,and compliance and approval tests for the work performed by the Contractor
or its subcontractor.
2. If any laws, ordinances, rules, regulations, code or order of any public body
havingjurisdiction requires any Project work (or part thereo� to specifically be inspected, tested
or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection
therewith and fumish the Procurement Officer the required certificates of inspection, testing or
approval. The Contractor shall also be responsible for and shall pay all costs in connection with
any inspection or re-testing required in connection with the Counry's or the Procurement
OfficePs acceptance of a supplier of materials or equipment proposed to be incorporated in the
Project, or of materials or equipment submitted for approval prior to the Contractar's purchase
thereof for inwrporation in the Project. The cost of all inspections, testing, re-testing and
approvals in addition to the above which aze required by this Contract shall be paid by the
Contractor (unless otherwise specified). The County will conduct and pay for the conformance
tests on materials installed in-place, and the Contractor shall pay for re-testing of all failing and
non-conforming materials thereafter.
3. All inspections, tests or approvals other than those required by laws, ordinances,
rule, regulations, code, or order of any public body having jurisdiction shall be performed by
organizations acceptable to the Procurement Officer.
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4. If any Project work (including the work of others)that is to be inspected, tested or
approved is covered withou[ written concurrence of the Procurement Officer, it must be
uncovered for observation. Such uncovering and testing when required by the Procurement
Officer shall be at the Contractor's expense.
5. Neither observations by the Procurement Officer nor inspections, tests or
approvals by others shall relieve the Contractor from the Contractor's obligations to perform the
Project in accordance with this Contract.
D. Correction or Removal of Defective Work. If required by the Procurement Officer or the
County, the Contractor shall promptly, as directed, either correct ali defective Project work, whether or
not fabricated, installed or completed, or, if the Project work has been rejected by the Procurement
Officer or the County, remove it from the site and replace it with non-defective Project work. The
Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including
but not limited to fees and charges of engineers, architects, attorneys and other professionals) made
necessary thereby.
E. Correction Period. If within two (2) years after the date of Final Payment or such longer
period of time as may be prescribed by laws or by the terms oF any applicable special guazantee required
by the Contract Documents or by any specific provision of the Contract Documents, any Project work is
found to be defective, the Contractor shall promptly without cost to County and in accordance with
County's written instructions, either correct such defective Project work, or, if it has been rejected by
County, remove it from the site and replace it with non-defective Project work. If the Contractor does not
promptly (within seven (7) days from receipt) comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or damage, the County may have the defective
Project work corrected or the rejected Project work removed and replaced, and all direct, indirect and
consequential costs of such removal and replacement (including but not limited to fees and charges of
engineers, azchitects, attorneys and other professionals) will be paid by the Contractoc Contractor shall
also pay for any damage to other Project work, other property,or person, which occurred as a result of the
defective Project work.
F. County May Correct Defective Work. If the Contractor fails within ten (10)consewtive
calendar days after written notice of the Procurement Ofticer or the County to proceed to correct and to
correct defective Project work or to remove and replace rejected Project work as required by the
Procurement Officer or the County in accordance with paragraph D of this Section, or if the Contractor
fails to perform the Project work in acwrdance with the Contract Documents, or ifthe Contractor fails to
comply with any other provision of the Contract Documents, the County may, after seven (7) days'
written notice to the Contractor, correct and remedy any such deficiency. In exercising the rights and
remedies under this paragraph the County shall proceed expeditiously to the extent necessary to complete
corrective and remedial action. The County may exclude the Contractor from all or part of the site, take
possession of all or part of the Project, and suspend the Contractor's services related thereto, take
possession of the Contractors tools, appliances, construction equipment and machinery at the site and
incorporate in the Project all materials and equipment stored at the site or for which the County has paid
the Contractor but which are stored elsewhere. The Contractor shall allow the County, the County's
representatives, agents and employees such access to the site as may be necessary to enable the County to
exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the
County in exercising such rights and remedies will be charged against the Contractor, and a Change
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Order will be issued by the County incorporating the necessary revisions in the Contract price. Such
direct, indirect and consequential costs will include but not be limited to fees and charges of engineers,
architects, attomeys and other professionals, all court costs and all wsts of repair and replacement of
work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective
Project work. The Contractor shall not be allowed an extension of the Contract time because of any delay
in performance of the Project work attributable to the exercise by the County of the County's rights and
remedies hereunder.
XIIL L�'�c uidated Damages• It is the County's intent to complete this project no later than November
15th. Liquidated damages of(N/A) per calendar day shall be paid if project is not completed by that
deadline.
A. Time for Completion. It is hereby understood and mutually agreed, by and between the
Contractor and the County, that the date of beginning Project work and the time oF completion as
specified herein are essential conditions of the Contract. The Contractor agrees that said Project shall be
prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s)
specified. It is expressly understood and agreed, by and beriveen the Contractor and the County, that the
time(s) for completion of the Project described herein aze reasonable time(s) for the completion of the
Project,taking into consideration the average climatic conditions prevailing in the locality of the Project.
B. Time is of the Essence to the Contract. It is further agreed that time is of the essence in
completing the Project, and that the Project Work Schedule and all dates set forth therein and where in
this Contract, an additional time is allowed for the completion of the Project, the new time limit fixed by
such extension shall be of the essence of the Contract.
C. Liquidated Damages. Completion of the Project is of paramount importance to the
County. If any portion of the Project is not completed in accordance with any time extensions granted by
the County, the County will suffer damage, the extent of which will be impractical and extremely
difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is
hereby agreed that the Contractor shall pay to the County the liquidated damage amounts specified in the
Contract. This particular provision shall not be construed as a penalty upon said Contractor for failing
fully to complete said Project as agreed in the Proposal and this Contract nor is it intended, but as
Liquidated Damages to compensate the County for all costs incurred as a result of such breach of
Contract.
D. Delays in Project Completion of Construction Phase. Subject to the terms of "Excusable
Delays", as contained in paragraph E of this Section,the Contractor expressly agrees to pay the County as
a reasonable estimate ofjust compensation for damages contemplated with the clause, the amount set
foRh as liquidated damages for each consecutive calendar day that completion is delayed in the
construction ofthe Project.
E. Excusable Delays- Force Majeure. If, by reason of Force Majeure, any party hereto shall
be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall
give notice and full particulars of such Force Majeure in writing to the other party within a reasonable
time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice,
so faz as it is affected by such Force Majeure, shall be suspended during the continuance of the IiabiliTy
then claimed, but for no longer period, and any such party shall remove or overcome such inability with
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all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes,
lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Govemment of
the United States or the State of Colorado or any political subdivision, except the County, or any civil or
military authority, insurrection, riots, epidemics, landslides, lighming, eaRhquakes, fires, hurricanes,
storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances,
explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably
within the control of the party claiming such inability. It is understood and agreed that the settlement of
strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the
above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not
require the settlement of strikes and bckouts by acceding to the demands of the opposing party or par[ies
when such settlement is unfavorable to it in the judgment of the party having the difficulty.
F. Cumulative Remedy. The liquidated damages referred to herein aze intended to be and
are cumulative and shall be i� addition to every other remedy now or hereafter enforceable at law, in
equity, by statute,or under Contract.
X[V. TerminationofContract.
A. The County may terminate this Contract upon the occurrence of any one or more of the
following events:
1. If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code (Tit1e II, United States Code), as now or hereafter in effect, or if Contractor
takes any equivalent or similaz action by filing a petition or otherwise under any other federal or
state law in effect at such time relating to the bankruptcy or insolvency;
2. If a petition is filed against Contractor under any chapter of the Bankruptcy Code
as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such
equivalent or similar relief against Contractor under any other federal or state law in effect at the
time relating to bankruptcy or insolvency;
3. If the Contractor makes a general assignment for the benefit of creditors;
4. If a trustee, receiver, custodian or agent of Contractor is appointed under
applicable law or under Contract, whose appointment or authority to take charge of property of
Contractor is for the puipose of enforcing a Lien against such property or for the purpose of
general administration of such property for the benefit of Contractor's creditors;
5. If the Contractor persistently fails to perform the Project in accordance with this
Contract including but not limited to, failure to supply sufficient skilled workers or suitable
materials or equipment or failure to adhere to the work schedule established in this Contract
6. If the Contractor disregazds laws, ordinances, rules, regulations, or orders of any
public body having jurisdiction;
B. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the Contractor of such
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termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days
before the effective date of such termination. In such event all finished or unfinished documents, data,
studies and reports prepared by the Contractor pursuant to this Contract shall become the County's
property. Contractor shall be entitled to receive compensation in accordance with the Contract for any
satisfactory Project work completed pursuant to the terms of this Contract prior to the date of
termination. Not withstanding the above, Contractor shall not be relieved of liability to the County for
damages sustained by the Co�nty by virtue of any breach of the Contract by the Contractor.
XV. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them contemplated by
the contract is that of independent contractor. Contractor, and any agent, employee, or servant of
Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under this
contract. Contractor may choose to work for other individuals or entities during the term of this
contract, provided that the basic services and deliverable products required under this contract are
submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, F[CA and other income ta�ces.
F. The Contractor shall be required to complete and submit to the County, a Form W-9
Taxpayer ldentification Number Request.
XVI. ComoutaYionofTime.
A. When any period of time is referred to in this Contract by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a legal holiday, such day will be omitted from the computation.
B. AII times stated in this Contract are of the essence.
XV IL Records and Cost Pricin�Data.
A. The Contractor shall maintain in a safe place at the site one record copy of all
Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive Changes,
Field Orders and written interpretations and clazifications in good order and annotated and updated
weekly to show all changes made during construction. These record documents together with all
approved samples will be available to the Procurement Officer for reference. Upon completion of the
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Project, these record documents and samples will be delivered to the Procurement Officer for the
County.
B. The Contractor shall maintain all data and records pertinent to the Project performed
under this Contract, in accordance with generally accepted accounting principles, and shall preserve and
make available all data and records until the expiration of three (3) years from the date of final payment
under this Contract, or for such longer period, if any, as is required by applicable statute or by other
articles of this Contract. The County shall have access to all such data and records for such time period to
inspect, audit and make copies thereof during normal business hours. The Contractor covenants and
agrees that it shall require that any subcontractor utilized in the performance of this Contract permit the
authorized representatives of the County to similazly inspect and audit all data and records of said
subcontractors relating to the performance of said subcontractors under this Contract for the same time
period.
C. lf this Contract is completely or partially terminated, the records relating to the Project
terminated shall be made available for three(3)years aRer any resulting final termination payment.
D. Records pertaining to appeals or to litigation o�the settlement of claims arising under or
relating to the performance of this Contract shall be made available until disposition of such appeals,
litigation,or claims.
XVII1. Miscellaneous.
A. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in writing by the
County.
B. Binding Arbitration. Any disputes arising out of this Contract shall be subject to
binding arbitration. The paRies agree that any disputes concerning the terms and conditions of this
Contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant
to the rules of the American Arbitration Association and shall be presided over by the Pitkin County
Hearing Officer appointed to arbitrate Pitkin County Contract disputes. Costs of the arbitration shall
be awarded to the substantially prevailing paRy.
C. Severability. If any term, section, or other provision of this Contract shall, for any
reason, be held to be invalid or unenforceable, the invalidity or unenforceability oF such term, section,
or other provision shall not affect any of the remaining provisions of this Contract, and to this end,
each term, section and provision of this Contract shall be severable.
D. Integration and Modification. This Contract represents the entire and integrated Contract
between the County and the Contractor and supersedes all prior negotiations, representations, or Contract,
either written or oral. This Contract may be amended only by written Contract signed by both the County
and the Contractor.
E. Contract Made in Colorado. The paRies agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be
exclusively in the courts of Pitkin County, Colorado.
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F. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract including the arbitration described in this section, the substantially prevailing
party shall be entitled to its costs and reasonable attomey's fees.
G. Govemmental Immunity. Contractor agrees and understands that Pitkin Cou�ty is
relying on and does not waive the monetary limitations or terms or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as
from time to time amended, or othenvise available to Pitkin County or any of its officers, agents or
employees. FuRher, nothing in this Contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its agent or
employees.
H. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only currently
budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are subject
to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services
set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in
any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
I. Notice. Any notice required by this Contract shall be deemed delivered through either
of the following. (1) hand delivery to the person at the address below or (2) by certified first class
mail, postage prepaid, retum receipt requested addressed as fol►ows:
A. To Pitkin County with copies to:
Dustin Havel Pitkin County Attorney's Office
Assistant Aviation Director—Operations & Facilities530 E. Main Street, #302
0233 East Airport Road Aspen, Colorado 81611
Aspen, Colorado 81611 Fax: (970) 920-5198
Fax: l-970-429-1892
B. To Contractor:
Bill Bazham
Architectural Concrete Finishes
P.O.Box 1342
Glenwood Springs, CO 81602
Fax: l-970-947-9641
J. Waivec No waiver by either party of any right, term or condition of this Contract sha►1
be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver of any
breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a
different provision of this Contract.
XIX. Contractor's Representations.
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A. In order to induce County to enter into this Contract, Contractor makes the following
representations:
l. Contractor has familiarized himself with the nature and extent of this Contract,
Project, locality, and with all local conditions and federal, state, and local laws, ordinances,
rules and regulations that in any manner may affect cost, progress, or performance of Project.
2. Contractor has carefully studied the site and has performed all necessary
investigations, tests, and subsurface investigations to define the latent physical conditions of
the construction site affecting cost, progress, or performance of Project.
3. Contractor has made or caused to be made examinations, investigations, and
tests and studies of such reports and related data as it deems necessary for the performance of
Project at the Contract price, within the Contract time, and in accordance with the other terms
and conditions of this Contract; and no additional examinations, investigations, tests, reports,
or similar data are or will be required by Contractor for such purposes.
4. Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of this Contract.
5. Contractor has given Procurement Officer written notice of all conflicts, errors,
or discrepancies that it has discovered in this Contract, and the written resolution thereof by
Procurement Officer is acceptable to Contractor.
6. By executing this Contract, the Contractor represents that it has visited the site,
familiarized itself with the local conditions under which the Project work is to be performed
(including weather conditions which can be expected), and correlated its observations with the
requirements of this Contract.
7. The undersigned representative of Contractor represents that it is an authorized
representative of Contractor for the purposes of executing this Contract and that it has full and
complete authority to enter into this Contract on behalf of Contractor.
XX. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
constitute an original, but all of which shall constitute one and the same document.
XXI. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with
the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101,as amended
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [NotApplicable to agreements relating
to the offer, issuance, or sale ojsecurities, investment advisory services or fund management
servrces,sponsored projects, intergovernmenta!agreements, or information technology services or
producls and services] Contractor ceRifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this contract and will confirm the
employment eligibility of all employees who are newly hired for employment in the United States to
perform wark under this contract, through participation in the E-VeriFy Program or the Department
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program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract. Contractor(a) shall not use E-
Verify Program or Department program procedures to undertake pre-employment screening of job
applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting
State agency within three days if Contractor has actual knowledge that a subcontractor is employing
or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undeRaken pursuant to CRS §8-17.5-102(5), by the Colorado DepaRment of Labor and
Employment. If Contractor participates in the Department program, Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written, notarized
affirmation, aftirming that Contractor has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Contractor fails to comply
with any requirement ofthis provision or CRS §8-17.5-101 et seq., the contracting State agency,
institution of higher education or political subdivision may terminate this contract for breach and, if so
terminated, Contractor shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS &24-76.5-101. Contractor, if a natural
person eighteen (I 8) years of age or older, hereby swears and affirms under penalty of perjury that he
or she(a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)
shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this contract.
IN W ITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
CONTRACTOR
Architectural Concrete Finishes
By. ✓�.� 9-�'/ �
B Barham, Owner Date
PITHIN COUNTY, STATE OF COLORADO
� 9-��-/�
Dustin Havel Date
Assistant Aviation Director—Operations & Facilities
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Exhibit A
Architectural Proposal
Concrete
Finishes �e
�nsnois
P.O_Boa 1342
Glm�cood Springs,CO 81602
Name/Address Phone# Fa�c�l
970.947-1616 970.947-9b41
P1TKrN COUNTY AIItPORT E�nail
SCOTT BENESH ACFINC(�S°pns-°et
233 E.AIItPORT RD SU1T A
ASPEN,CO 51611
Project
kem Desaiption �ty Cost Total
1 SAW CUTTING OF ALL RAISID VUALK WAYS–400 LF S 400 6.25 2,500.00
1 .25 PER ASPHALT INCA–EST 5"THICK
2 RE-MOVING OF ASPHALT/SUB GRADE PREP–2448 2,448 5.50 13,464.00
SQFf
–INCLUDESTRUCKING
–INCLUDES DUMP FEES
–INCLUDES 3!4 RD BASES&COMPACTION
uote: ALL ASPHAI.T BEYOND 5"UVILL BE STOCB PII.ID,
HAUIED&DLSPOSID BY PIfKIN COUNfY AIItPORT
3 REINFORCED�N'f REBAR—#4 RESAR 16"O.C. –2448 2,448 D.95 2,325.60
SQFT
4 FORM-PIACE-F'INLSH 6°RAISID WALR WAYS— 2,448 9.00 22,032.00
COLORADO PAVEMENT CLASS READY DiD{ –2448
SQFT
–INCI.UDES CONTROL JOINTS—ESiIMAiID i0 SAW
CUT–1.5"
we���n�y c��n�c��a�n�—c�teu;� Total
accordavm witL ihe abo�x specificatioffi for the sum of:
With payment W be made as follows: Net 15 days of invoim dau.
Auy alterffiion or de�iation from abos-e specYficatioos iavolving extrs
tosts will be eaecuted aaly apoa writtm order and will become an
ext[a chmge over aad above Uie estimau. All agnrments are
coatingeut apon shikes,acadenig,a delays beyond o�contol.
Pape 1
23
Contract#225-2013 Rev. 8.30.t l jaa/js
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Architectural Proposal
Concrete
Finishes Date
7/152013
P.O.Boa 1312
Gknwood Spaings,CO 81602
Name/Address Phone# Fax#
970.947-1616 970-947-9641
P1TR�NCOUNTYAIltPORT E-mail
SCOTI BENESH ACFINC�Sopns-°et
233 E.AIItPORT RD SUTf A
ASPEN,CO 81611
Project
kem Description Qty Cost Total
—INCLUDES SEAI.ER&COLORID SEALIIt ON 1'-0"
BAND ON EACH APPROACH SIDE
5 PRICING INCREASE TO PERFORM WORK ABOVE IN(2) 1 6,771.44 6,771.44
MOBIIIZATIONS 17%INCREASE --E 6.771.4d
NOT
ES
—PITKIN COUNTY AIRPORT TO PERFORM p�r
TRAFFIC CONTROL
�PROVIDE LIGHTING ff WORK PERFORM AFI'ER
SL7NDOVJN.
—ACCESS FOR COMPANY VIIiICLES,READY MIX
TRUCKS AND PUMPS WF�i NEIDED
—NO SPECS FOR CONCRETE PROVIDID.
—WALR WAYS MIJST CONFORM 1'O ADA SLOPE AND
'I'ESCI'URE.
—WEATFIER PENDING ON ALL POUR DATES
We propose heieby to fvmish material aad Labor—Compiete in
acrnrdance with thr abo�x specificariom for the som o£ Total 547,093.04
With payme�to be made as followx NN 15 days of imoire date.
Any atterffiion or deviatioa&om abrn-e specifications im+olviag exha
costs wil16e eaecuted oaly upon w�ittm order aad will become a¢
eaha chazge over and above the estimate_ All ageemmts are
coatiagmt npon striloes,accideafs,or delays beyond ovr conhol
Pape 2
24