HomeMy WebLinkAboutbocc.con.233.2013 Rev. 08-30-1/j!s
COUNTY CLERK'S
CONTRACT COYERSHEET
CONTRACT #: 233.2013
ORIGINATING DEPARTMENT: Facilities
PROCUREMENT OFFICER: Jodi Smith PHONE#: 920
PROJECT NAME: Library Expansion Project Owner s Representative CONTRACTOR: Curtis &
Associates
DOLLAR AMOiTNT: $105 000.00 LINE ITEM # 166.63.92863.82000
CONTRACT EXECUTION DATE: 11/30/2013 CONTRACT END DATE: 12/31/2014.
AUTOMATIC RENEWAL: ❑ YES � NO TERM: 15 months
❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
� OVER$50,000(Requires Sec[ion 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 c�
✓, CHECK CONTRACT TYPE: �� ���¢ rv/� L
� Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease ❑ Non-Profit
❑ Construction ❑ Quasi-Public (e.g:AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements(Notify Finance& Resolution Required)
❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment
� (C/0: 10%or$25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ❑ No Pages Missing ✓❑ All Other Blanks Filled In
✓ Q If Page Left [ntentionally Blank-Note on Page ✓❑ All Eachibits Attached
✓ ❑ Page numbered consecutively � ✓❑ All Legal Descriptions attached (rfapplrcable)
✓ ❑ All Original Signatures Afflxed ✓❑ Notice of AwardMotice to Proceed Attached ('rfapplrcab/e)
✓ 0 All Dates Filled In ✓❑ Warranty(if applicable)
✓ � Special Instructions for Finance Departmenh Services billed at$175/hr not to exceed 40 hrs per month
billing period. Direct expenses at cost.
✓ ❑ Authorized Procurement Officer's Name: Jodi Smith
BY CHECHING ABOVE AND ENTERING NAME,THE AUTHOR[ZED STAFF PERSON INDICATES THAT
THE ATTACHED llOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
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FAGILITIES MANAGEMENT
CONTRACT FOR PROVISION OF SERVICES
Pitkin County Library Expansion Project
Owner's Representative
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Curtis & Associates (sole proprietorship), 300 East Hyman
Avenue, Second Floor, Aspen,Colorado 81611, Phone(970)319-0442 (hereinaftei"Contractor").
I. Term. The term of this contract is from October 7, 2013 to December 31, 2014. At thc
cxpiration of the initial term, the contract may bc extendcd at the contracted rate of$175.00 per hour
for an additional term of one ycar by the express written consent of both parties.
2. Contractor's Oblieations. Contractor shall provide scrvices as required for thc position as
Owner's Representative for thc Pitkin County Library Expansion Project.
Thc scope of the services are as outlined in the Rcqucst for Qualifications dated Scptember 19, 2013:
The Owner's Representative will act as the Library's liaison to assist in communications to bring about a
successful wmpletion of thc library expansion as dcscribcd in [hc RFQ.
The Owner's Represcntativc will be expectcd to advocatc for[hc Library's best interests during the
project throughout all phases. A list of major tasks would include,but not necessarily be ]imited to:
l. Review contracts of selected vendors for serviccs to be performed, enforcing revisions if
necessaryforthe good ofthe Library.
2. Review on-site inspections for quality of workmanship, quality of matcrials, conformity with
plans and specifications, on-site safety, projcct schcdule vs. progress, and overall general
progress. ,
3. Maintain monthly observation rcports/logs, as rcquircd by thc Library Board, which may includc
weather conditions and photos when appropriatc.
4. Attend weekly meetings with Library Board and/or designee.
5. Attend meetings with Library Board/Designcc, Architect, and Contractor and any on-site
contractors to include discussions of potential or pcnding changc orders, problems, or issues.
6. Assist with all test reports and ensure they are in compliance with specifications(such as
compaction, concretc,wclds, ete.).
7. Assist the Library with the resolution of any disputcs or claims.
Pitkin County Facilities Management,485 Rio Grande Place,Unit 101,Aspen,CO Si6u
970-920-5396�970-920-5285 Fax or email:jodis@co.pitkin.co.us
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Service Contract#a33.2013 Rev.02/O6/Z012/m
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8. Monitor the ongoing budgct revisions so that thc budget is maintained without compromising the
quality or integriry of the project, including verification that all fees,profit margins, ovcnc�ad,
contingencies, ctc., arc in line with industry standards. Review and approve progress billing
statements and change orders from the architect and contractor and, when necessary, negotiate
revisions.
9. Ensure all lien/claim relcases are executed with all progress and final payments.
10. Ensure proper closeouts of O&M warranties, training, punch list, commissioning, ctc.
1 1. Assist with post-occupancy activities such as building performance evaluation through warranry
period, commissioning contracts, development of O&M plans and schedules; Library's portion of
any required documents for ccrtification, etc.
Scrviccs are to be billed at thc ratc of One Hundred Seventy Five Dollars and Zero Cents
($175.00) per hour not to exceed forty (40) hours per month billing period or unless otherwisc
directed and approved in writing by the Owner. Direct cxpenses arc to be billed at cost. Billing is to
be every month.
3. Compensation and Expenscs, Invoicin¢, Pavment and Offset The County shall compensatc
Contractor for its services in accordance with the Project Budgct and Schedule set out in Paragraph 2.
It is expressly understood and agrecd that in no event will the total fee compensation and
rcimbursement to be paid hcrcundcr exceed the sum of One Hundred Five Thousand Dollars and
Zero Cents ($105,000.00) for all scrviccs rendered, plus rcimbursable billed at cost and approved by
the Librarian. By contract or amendment, the Counry and Contractor may reallocate the budgct among
project tasks if the total budget amount remains unchangcd. Contractor shall invoice for thc project
monthly based on hours worked, with payment expected within thir[y (30) days of invoice, but any
payment by the County may be offset by any amount thc Contractor owes the Counry for any rcason.
4. Countds Exclusive Owncrship of Work Product. Drawings, specifications, guidelines and
other documents preparcd by Contractor in connection with this contract shall be the property of[he
County. However, Contractor shall have the right to utilize such documents in the coursc of its
marketing, professional presentations, and for other business purposes. Contractor assigns to Counry
thc copyrights to all work preparcd, developed, or created pursuant to this contract, including the
right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display thc work publicly. Contractor shall have right to usc
materials produced in the course of this contract for marketing purposes and professional
presentations, articles, speeches and other business purposes. �
5. Pitkin Counri's Oblieations. Pitkin County shall administcr this contract through a Counry
Representative. Jodi Smith, Facilities Superintendcnt will mana�e the project as the County's
Representative. In the event that Jodi Smith is not available, Designated Facilities staff shall assumc
the CounTy Rcprescntativc's dutics. The services provided and products delivered by the Contractor
under this contract will be subjcet to review by the County's Representatives, or a dcsignec, for
compliance with Contractor's obligations prior to final paymcnt.
2
Pitkin Counry Facilities Management,48g Rio Grande Place,Unit ioi,Aspen,CO 8i6ii
970-920-5396�970-920-5285 Fax or email:jodis@co.pitkin.co.us
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6. Tertnination Prior to Expiration of Contract Tcrm. The County has the right [o terminatc
this contract, with or without cause, by giving written notice to the Contractor of such tcrmina[ion
and spccifying the effective date thcrco£ Such notice shall be given at least ten (10) days before thc
effective date of such termination. ln such event all finished or unfinished documents, data, studics
and reports prepared by the Contractor pursuant to this contract shall become the County's property.
Contractor shall be cntiticd to reccivc compensation in accordancc with thc contract for any
satisfactory work complcted pursuant to the terms of this contract prior to the datc of tcrmination.
Not withstanding the above, Contractor shall not be relicvcd of liability to the County for damages
sustained by the County by virtue of any breach of thc contract by the Contractor.
7. Independent Contractor Status.
A. The partics to this contract intend that thc relationship between them wntemplatcd by
the contract is that of independent contractor. Contractor, and any agent, employec, or servant of
Contractor shall not be decmed to be an cmployee, agent, or servant of Pitkin County.
B. Contractor is not requircd to offcr his scrvices exclusivcly to Pitki� 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 contrac[ are
submitted in the manner and on the schedule defined under this contract.
C. Contractor wanants 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 ovcrsee or supervisc the work or actions of any Pitkin
County employee, servant or agent in thc course of completing work under this contract.
E. Contractor is not entiticd to any Workcrs' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state,FICA and other income taxes.
8 Assienabiliri. This contract is not assignable by either party. Any use of subcontractors by
the Contractor for performance of this contract must bc accepted in writing by the County.
9. BindinQ Arbitration. Any disputes arising out of this contract shall be subjcct to binding
arbitration. The parties agree that any disputes concerning the terms and conditions of this contract
shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to thc
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 prcvailing party.
10. Severabiliri. ln the event that any provision of this contract shall be held to be invalid or
unenforceable, thc remaining provisions of this contract shall remain valid and binding upon thc
partics hereto.
11. Integration and Modification.
A. This contract represcnts the entire and integrated contract between thc Counry and thc
Contractor and supersedes all prior negotiations, represcntations, or contract, either written or oral.
This contract may be amended only by written contract signed by both the County and the Contractor.
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Pitkin County Facilities Management,485 Rio Grande Place,Unit ioi,Aspen,CO 8i6ii
97o-920-5396�970-920-5285 Faac or email:jodis@co.pitkin.co.us
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Servicc Contract#�133.2013 e��.oaiobizon[n�
Budgct Linc Itcm#166.63.92863.82000
B. The County may, from time to timc, request changes in the scope of services of the
Contractor to be performed hcreunder. Such changes, including the increase or decrease in the
amount of the Contractor's compensation, which are mutually agrecd upon between the County and
the Contractor, shall be in writing and upon execution shall become part of this contract.
12. Indemni .
A. The Contractor agrecs to indemnify,hold harmless and, not excluding the County's right
to participate, defend the Counry, its subsidiary, parent, associated and/or affiliated entities, successors,
or assigns, its elected officials, trustecs, employees, agents, volunteers, hereinafrer 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 donc in
fulfillment of the terms of this Contract. It is agrced that the Contractor will bc responsible for primary
loss invcstigation, defense and judgment costs where this contract of indemniry applies. ln
considcration of thc award of this contract, the Contractor agrees to waive all rights of subrogation
against the County its subsidiary, parent, associatcd and/or affiliated entitics, succcssors, or assigns, its
clectcd officials, trustees, employecs, agcnts,and volunteers for losses arising from the work performed
by thc Contractor for the County.
B. The Contractor further shall investigate, process, respond to, adjust, pay or settle all
claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and cx-
penscs rclatcd thereto, even if thc claim, demand or lawsuit is groundlcss, false or fraudulent.
13. Insurancc. Contractor and subcontractors shall procurc and maintain until all of their
obligations have been discharged, including any warranry periods undcr this Contract are satisfied,
insurance against claims for injury to persons or damage to property which may arise from or in
conncction with the performance of the work hereunder by the Contractor, its agents, representatives,
employces or subcontractors.
The insurance rcquirements herein are minimum requirements for this Contract and in no way ]imit
the indemnity covenants contained in this Contract.
The County in no way warrants that the minimum limits contained hcrcin are sufficient to protect thc
Contractor from liabilities that might arise out of the performance of the work under this Contract by
thc Contractor, its agents, representativcs, employees, or subcontractors. The Contractor shall assess
its own risks and if it deems appropriatc and/or prudcnt, maintain higher limits and/or broadcr
covcrages. The Contractor is not rclicved of any liability or other obligations assumed or pursuant to
thc Contract by rcason of its failure to obtain or maintain insurance in sufficient amounts, duration,
or typcs.
A. Coverage and Limits of Insurance:
Contractor shall provide coveragc with limits of liability not less than those stated below. An
umbrclla and/or excess liability policy may bc used to meet the minimum liability requirements
provided that the coverage is written on a "following form"basis.
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Pitkin Counry Facilities Management,485 Rio Grande Place, Unit 101,Aspen,CO 8ibu
970-920-5396,9yo-92o-5285 FaY or email:jodis@co.pitkin.co.us
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Servicc Contract#a33.2013 ee�.ozioerzo�zim
Budget Line Item#166.63.92863.82000
1. Statutory Workcrs' Compensation: Colorado statutoryminimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply whcn a contractor or subcontractor is
exempt under Colorado Workers' Compensation Act., AND when such contractor
or subcontractor cxecutes the appropriate sole proprictor waiver forxn.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
**Note: Executed Pitkin County Work Comp Waiver Required
Coverage B(Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial Gcneral Liabiliry—ISO 1 CG 0001 form or cquivalent
(With Counry named additionul insured)
Minimum Limits:
Gencral Aggrcgatc $ 2,000,000
Products/Completcd Operations Aggegate $ 2,000,000
Each Occurrcnce Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage(Any One Firc) $ SQ000
Medical Payments(Any One Person) $ 5,000
Coverage to includc:
• Premises and Operations
• Explosions, Collapsc and Undcrground Hazards
• Personal/Advertising Injury
• Products/Completcd Operations
• Liability assumed under an Insured Contract(including dcfcnsc costs assumed under contract)
• Independent Contractors
• Designated Construction Projects(s) Gcneral Aggrcgatc Limit, ISO CG 2503 (1997
Edition or equivalent)
• Additional Insured�wners, Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalcnt)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalcnt)
• The policy shall be cndorsed to include the following additional insured languagc on
[he Additional Insurcd Endorsements specified above: "County, its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns, its elected officials,
trustccs, employees, agcnts, and volunteers named as an additional insured with
respect to liability and dcfensc of suits arising out of the activities performed by, or on
behalf of the Contractor, including completed operations".
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Pitkin County Facilities Management,485 Rio Grande Place,Unit im,Aspen,CO Si6u
97o-92o-5396,970-920-5285 Fax or email:jodis@co.pitkin.co.us
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Service Cou[ract#�332013 a��.ozioeizoizim
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3. Auto Liability: Bodily injury and property damagc for any owned, hired, and
non-owned vehicles used in the perforrnance of this Contract.
**Note: Not Applicable for this contract.
Minimum Limits:
Bodily[njury/Property Damagc (Each Accident) $ 1,00Q000
4. Special Coverages (check as appropriute und insert umount):
❑(1)Pcrformance Bond $ 0
❑Labor and Material $ 0
❑Payment Bond $ 0
❑ (2)Professional Errors and Omissions
Q(3)Aircrafr Liability
❑(4)Owner's Protectivc
❑(5) Builder's Risk
❑(6)Boilcr and Machinery
❑(7) Loss of Use Insurancc
❑(8) Pollution Liability
❑(9)Crimc, including Employec Dishoncsty Covcrage, or Fidelity Bond
B. Proof of lnsurancc:
1. Each insurance policy rcquired by thc insurance provisions of this Contract
shall provide the required coverage and shall not be suspendcd, voided or cancelcd cxcept
after thirty (30) days prior written noticc has bccn given to the Counry, cxcept when
cancellation is for non-payment of prcmium, thcn ten (10) days prior noticc may be given.
Such notice shall be sent directly to Pitkin County Facilities Management, 485 Rio Grande
Place #]O1, Aspen, CO 8161 l. If the insurance carrier will not provide the required notice,
the ConsultanUContractor and or its insurance brokcr shall notify the Counry of any
cancellation, or reduction in coveragc or limits of any insurance within sevcn (7) days of
receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurancc, thc Contractor shall filc with the
Procurement Officer a certified statement as to claims pending against the required coverages,
reserves established on account of such claims, defense costs cxpcnded and amounts remaining
on policy limits.
2. In addition,these Certificatcs of lnsurance shall contain the following clauses:
a. Thc contractor's insurancc shall bc primary and non-contributory with
any insurance or self-insurance purchascd by thc County.
b. The insurance companics issuing the policy or policies hereunder shall
have no recourse against thc County of Pitkin for paymcnt of any premiums or for
assessments under any form of policy.
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Pitkin County Facilities Management,485 Rio Grande Place,Unit 101,Aspen,CO 8i6ii
970-920-5396�97o-9zo-5285 Fax or email:jodis@co.pitkin.co.us
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Service Contraet#a33.2013 ee�.ozioe�zo�z�m
BudgetLineItem#166.63.92863.82000
c. Any and all deductibles or self insured retentions in the above-describcd
insurance policies shall be assumed by and be for the amount of, and at the sole expensc
of the Contractor.
d. Location of operations shall be: "all operations and locations at which
work for the refcrenced Project is bcing done."
3. Certificates of lnsurancc for all renewal policics shall be delivered to thc
County's Representativc at least Sfteen (15) days prior to a policy's expiration date cxcept for
any policy cxpiring on the expiration date of this contract or thereafrcr.
4. The County reserves thc right to request and receive a copy of any policy and
any policy endorsement at any time during the term of this contract.
14. Excmotions and Preferences. All purchascs of construction or building or any other matcrials
for this contract shall not include Federal Excisc Taxes or Colorado Statc or local sales or use taxcs.
Pitkin County is exempt from such taxes undcr registration numbers 98-02624 and 84-78000SK.
15. Records. The Contractor shall maintain comprehensive, complctc and accuratc books,
records, and documents concerning its performanec rclating to this contract for a period of threc (3)
years after final payment under the contract and thc County shall havc thc right within the thrce (3)
year period to inspect and audit these books, rccords and documents, upon demand, in a reasonablc
manner and at reasonable times, for the purpose of determining, by acccpted accounting and auditing
standards, compliancc with all provisions of thc contract and applicablc law.
16. Contract Madc in Colorado. The partics agrce that this contract was made in accordance with
the laws of the Statc of Colorado and shall bc so construcd. Venuc is agreed to bc exclusively in thc
wurts of Pitkin County, Colorado.
17. Attomev's Fces. ln the event that legal action is necessary to enforcc any of the provisions of
this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall bc
e�tided to its costs and reasonable attorncy's fees.
18. Governmental Immunirv. Contractor agrecs and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or terms (prescntly
$150,000 per person and $600,000 per occurrcncc) or any other rights, immunities, and protections
provided by the Colorado Govcrnmental Immunity Act, § 24-10-]01, et seq., C.R.S., as from timc to
time amended, or othcrwisc availablc to Pitkin County or any of its officcrs, agcnts or employecs.
Further, nothing in this contract shall be construcd or interprctcd to require or providc for
indemnification of the Contractor by the County for any injury to any person or any property damage
whatsoever which is causcd by thc negligencc or other misconduct of thc County or its agent or
employees.
19. Current Year Oblieations. The parties acknowledgc and agree that any payments providcd
for hereunder or rcquirements for future appropriations shall constitute only currently budgetcd
expendimres of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin
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Pitkin County Facilities Management,48g Rio Grande Place,UniT io1,Aspen,CO 8i6ii
970-920-5396,gyo-9zo-5285 Fae or email:jodisQa co.pitkin.co.us
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Servicc Contract#�33.2013 Rev.02/06/20/2(m
Budget Line Item#166.63.92863.82000
County's annual right to budget and appropriate the sums necessary to provide thc scrvices set forth
herein. No provisions of the contract shall constitutc a mandatory charge or requirement in any
ensuing fiscal year bcyond thc thcn current fiscal year of Pitkin Counry. No provision of the contract
shall be construed or intcrpreted as crcating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or statutory debt
limitation. This contract shall not dircctly or indirectly obligate Pitkin County to make any paymcnts
bcyond those appropriatcd for Pitkin County's thcn current fiscal year. No provisions of this
contract shall bc construed to pledgc or create a lien on any class or source of Pitkin County's
moncys, nor shall any provision of this contract restrict the future issuance of Pitkin Counry's bonds
or any obligations payablc from any class or sourcc of Pitkin County's money.
20. Noticc. Any writtcn notice required by this contract shall be deemed delivered through any
o£thc following. (1) hand delivery to the person at thc address below; (2) delivery by facsimile with
confirmation of rcceipt to the fax number below; or (3) within thrce (3) days of being sent certified
first class mail, postage prepaid, rcturn reccipt rcqucstcd addressed as follows:
A. To Pitkin Counry with copies to:
Jodi Smith, Facilities Superintendent Pitkin Counry Attomey's Office
485 Rio Grande Place#]O1 530 E. Main Street,#302
Aspen, Colorado 8161 1 Aspen, Colorado 81611
Fax: (970) 920-5285 Fax: (970) 920-5198 �
B. To Contractor:
Curtis &Associatcs
300 East Hyman Avenue, Second Floor
Aspen, Colorado 81611
Phonc: (970) 319-0442
21. Public Contracts for Serviccs and Public Contracts with Natural Persons. In conformancc
with thc provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as
amendcd
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-1OL [Not Applieable to agreements
relating to the offer, issuance, or sa/e of securities, investment advisary services or fund
management services, sponsored prnjects, intergovernmental agreements, or informatian
techno[ogy services ar products and services] Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this conuact
and will confirm the employment eligibility of all employees who are newly hired for employment in
the Unitcd States to perform work under this contract, through participation in the E-Verify Program
or the Dcpartment program cstablished 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 cnter 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 perforrn work under this contract. Contractor
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Pitkin County Facilities Management,48g Rio Grande Place,Unit 1oi,Aspen,CO Si6ii
97o-92o-5396�97o-92o-5285 FaY or email:jodis@co.pitkin.co.us
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Scroicc Contract#a33.2013 a��.ovo6izourm
Budgct Linc Itcm#166.6392863.82000
(a) shall not use E-Verify Program or Dcparhnent program procedures to undcrtake pre-employment
screening ofjob applicants while this contract is being performcd, (b) shall notify the subcontractor
and the contracting State agency within threc days if Contractor has actual knowlcdgc that a
subcontractor is employing or contracting with an illegal alien for work undcr 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, undertaken pursuant to CRS §8-17.5-]02(5), by the Colorado
Department of Labor and Employment. If Contractor participates in thc Department program,
Contractor shall dcliver to the contracting State agency, Institution of Higher Education or political
subdivision a written, notarized affirmation, affirming thaz Contractor has examined the legal work
status of such employee, and shall comply with all of thc other requirements of thc DepaRmcnt
program. lf Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
seq., the contracting State agency, institution of higher education or political subdivision may
terminatc this contract for breach and, if so terminated, Contractor shall be liable for damagcs.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS &24-76.5-101. Contractor, if a namral
person eighteen (18)years of agc or older, hereby swears and affirms under penalty of perjury that hc
or shc (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)
shall comply with the provisions of CRS §24-76.5-10] et seq., and (c) has produced one form of
identification requircd by CRS §24-76.5-103 prior to the effective date of this contract.
IN WITNESS WHEREOF, the partics have executed this contract as of the datc first set out herein
above.
CONTRACTOR:
Curh & Associates
By: � � �; - h I P ��
�I' urt�s, Ptesid�t�t � � � Date
v, �;c.,
PITKIN COUNTY, COLORADO:
BY / /� / � IIl�P1�(3
J��, County Manager Date
sY: 1�� �Yt��t�- ll�as/��
Jodi Smith, Fac' if erintendent Date
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Assistant County Attorney
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Pitkin County Facilities Management,485 Rio Grande Place,Unit 101,Aspen,CO 8�6ii
970-920-5396,97o-9zo-5z85 Fax or email:jodisQa co.pitkin.co.us
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CER7IFICATE HOLDER CANCELLATION .
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