HomeMy WebLinkAboutbocc.con.221.2002 ' CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
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Contact Person:
Phone#: f 3 f 7
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Services CONTRACT# d� _�'`
Maintenance
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Intergovernmental Agreement (Requires BOCC Action)
Grant Agreements (Requires BOCC Action)
Other
Signatures Required:
Under 25K-Department He�
25-50K-Department-Me-ad (if appropriate), Section Leader
Over 50 K-Department Head (if appropriate), Section Leader, County Manager
Contractor/Business (Complete Name): o
or
Contract Start Date: 4/- o L Contract End Date: /Q 7/
Automatic Renewal (Y/N):
All Contracts should be proofed for the following:
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• If a Page is Left Intentionally Blank-Note on Page
• Page numbered consecutively
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• All Dates Filled In
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• All Exhibits Attached
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• Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
Date: /2 r 7 v 7�
/-� . ge- ,9 �..--
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Signature of authorized staff person indicate that document has been proofed and ready
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Note: Clerk's-Office will keep original documents in compliance with Colorado
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pcjmj\ww\g\scannning\county contracts\narrative\checklistsheet
i
Pitkin County Public Works
76 Service Center Road
Aspen, Colorado 81611
NOTICE OF AWARD (970) 920-5390
Fax: (970) 920-5374
Date: May 2, 2002
TO: Village Excavating
0282 Arapahoe
Carbondale,CO 81623
The Owner, having duly considered the Proposal submitted on April 30, 2002, for the work covered by the
Contract Document titled hauling of materials with a tandem dump truck in the amount of $ 60.00 per hour, and
it appearing that the Price and other information in your Proposal Form is fair, equitable and to the best
interest of the Owner, the offer in your Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents,you are required to execute the Agreement in three
copies within ten (10) consecutive days from and including the date of this Notice of Award.
In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with
the requirement for insurance as stated in the Contract Documents to Bert Pearce Road & Bridge Manager 76
Service Center Road Aspen,CO 81611 Fax: 970-920-5374,
PITKIN COUNTY
By:
Bert Pearce Road & Bridge Manager
==============================ACCEPTANCE OF NOTICE====_________________________=
Receipt of the above Notice of Aw hereby acknowledaed
By this day of/� , 2002.
Title
III-14
�ry1 PRINTED ON
RECYCLED PAPER
Pitkin County Public Works
76 Service Center Road
Aspen, Colorado 81611
(970) 920-5390
NOTICE TO PROCEED Fax: (970) 920-5374
DATE May 3, 2002
TO: Village Excavating
0282 Arapahoe
Carbondale, CO 81623
FROM: Pitkin County
Aspen CO 81611
You are hereby authorized to proceed on May 6, 2002 or within ten (10) consecutive calendar day thereafter,
with the work covered by the Contract Documents titled: Hauling of materials with tandem dump truck for the
sum of $ 60.00 per hour with a top set of Five thousand dollars and no cents ( $5,000.00).
By:
Bert Pearce
Road $ Bridge Manager
III-15
PRINTED
RECYCLED
PAPER
AGREEMENT FOR PROVISION OF SERVICES
THIS AGREEMENT FOR PROVISION OF SERVICES (the "Agreement") is made and entered by and
between Pitkin County, Board of County Commissioners ("Pitkin County")and Village Excavating 0282 Arapahoe
Carbondale,CO. 81623 (hereinafter"Contractor").
1. Purpose. The purpose of this Agreement is to for hauling of materials with tandem dump
trucks.
2. Term. The term of this Agreement is from May 2, 2002 to October 31, 2002. At the
expiration of the initial term, the Agreement may be extended for an additional term of up to 30 days by the
express written consent of both parties.
3. Contractor's Obligations. Contractor shall supply tandem dump truck
with driver at $ 60.00 per hour for hauling of materials to different locations
through out the County.
4. Compensation and Expenses, Invoicing and Payment. The County shall pay the Contractor for
performance of services hereunder. Payment of invoices submitted by Contractor hereunder is contingent upon
completion of each task to the satisfaction of the County.Invoices shall itemize specific work done to complete
the task, and include receipts for all reimbursable items. Within thirty (30)days of receipt of an invoice and
approval thereof as required hereunder, payment shall be made by the County. Reimbursable expenses are
none may be billed on a monthly basis and will be paid within thirty (30) days of receipt of the invoice with a
top-set of $ 5000.00. In no event shall the total charges for services and reimbursements exceed $ 5,000.00.
In the event the Contractor incurs time and expenses above said amount, no compensation for said additional
time and expenses shall be required to be paid by the County without written authorization by the County.
5. County's Exclusive Ownership of Work Product. All work produced pursuant to this
Agreement becomes the property of Pitkin County.
6. Pitkin County's Obligations. Pitkin County shall administer this Agreement through a County
Representative. Bert Pearce will manage the project as the County's Representative. In the event that Bert
Pearce is not available, Brian Pettet shall assume the County Representative's duties. The services provided
and products delivered by the Contractor under this Agreement will be subject to review by the County's
Representatives,or a designee,for compliance herewith.
The review comments of the County's Representative may be reported in writing as needed to the Contractor.
To prevent an unreasonable delay in the Contractor's work,the County's Representative will endeavor to
examine all deliverable products and other documents and will accept some and authorize payment or will
specify necessary changes within ten(10)working days of receipt of such documents.
7. Cancellation. In addition to the right of termination referenced in Required Clauses hereto,
Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Contractor's
obligations as determined by Pitkin County in its sole discretion,upon written notice to Contractor as provided
in Paragraph 11 herein.
8. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and
indemnification,are attached hereto and incorporated by this reference.
9. Independent Contractor Status.
III-3
a. The parties to this Agreement intend that the relationship between them
contemplated by the Agreement 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 Agreement. Contractor may choose to work for other individuals or entities during the
term of this Agreement, provided that the basic services and deliverable products required
under this Agreement are submitted in the manner and on the schedule defined under this
Agreement.
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
Agreement.
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 Agreement.
e. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal,state, FICA and other income taxes.
10. Assignablility. This Agreement is not assignable by either party.
11. Notice. Any written notice required by this Agreement shall be deemed delivered on the
happening of any of the following: (1) hand delivery to the person at the address below; (2) delivery by
facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent
certified first class mail, postage prepaid, return receipt requested addressed as follows:
a. To Pitkin County
Bert Pearce Road& Bridge Manager
76 Service Center Road
Aspen,CO. 81611 Fax 970-920-5374
with copies to:
Pitkin County Attorney's Office
530 E. Main Street,#302
Aspen, Colorado 81611
Fax: (970) 920-5198
b. To Contractor:
Village Excavating Larry Star
0282 Arapahoe
Carbondale, CO. 81623 Fax: 970-704-0609
12. Modification. This Agreement may only be modified by written agreement of both parties
hereto. Any modifications hereof are subject to the requirements of the Pitkin County Procurement Code and
the Required Clauses attached hereto.
III-4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
latest date written below.
CONTRACTOR:
By
Title /.tom%�•.~.!' �"�- o� GZ , 'Z
oat
PITKIN COUNTY:
By: S f �.
Bert Pearce Date
Road & Bridge Manager
III-5
Revised 2/26/02
REQUIRED CLAUSES
For purposes of these Required Clauses,"Contractor"means Village Excavating
Contractor shall be subject to the following provisions:
1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW
A. The Contractor acknowledges that this Agreement is entered into subject to the requirements
of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter, Ordinance#
00-18, approved April 26, 2000). As such, the Contractor agrees to comply with all requirements of said
Procurement Code,and such requirements are incorporated herein by this reference.
B. The Contractor shall immediately notify the County Manager in writing of any violation of said
Code or statutes by the County's employees or agents, which violation(s) is known or should have been
known by him,and failure to so notify the County of any violation(s)within five(5)days of knowledge of
such violations shall be considered a breach of this Agreement. Further, such failure to notify the
County of violation of the Procurement Code or statutes within five (5) days of knowledge shall be
deemed as a waiver of any action or defense that the Contractor may have against the County by reason
of such violation of the Procurement Code or statutes.
2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND CONFLICT OF
INTEREST
A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure this Agreement upon an agreement or understanding for
a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Contractor for the purpose of securing
business.
B. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of
Pitkin County a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a purchase request,
influencing the content of any specification or procurement standard,rendering of advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for ruling,
determination, claim or controversy,or other particular matter, pertaining to this Agreement,or to any
solicitation or proposal therefor.
C. Gratuity means a payment, loan, subscription,advance deposit of money, services,or anything of
more than nominal value, present or promised, unless consideration of substantially equal or greater
value is received.
D. Kickbacks Prohibited. It shall be a breach of Agreement for any payment,gratuity,or offer of
employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or
higher tier subcontractor or any person associated therewith, as an inducement for the award of a
subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed
under this Agreement to give up any part of the compensation to which he/she is otherwise entitled.
The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or
regulations.
III-6
E. Conflict of Interest Prohibited. No official, officer, employee or representative of the County
during the term of this Agreement or one(1)year thereafter shall have any interest, direct or indirect,
in this Contract or the proceeds thereof. (Additional restrictions on present and former employees of
County are found in Article 7 of the Procurement Code).
F. Sub-Contract Clause. The prohibitions against contingent fees,gratuities,kickbacks and conflict
of interest prescribed in this Agreement shall be made a condition of and conspicuously set forth in
every sub-contract and solicitation therefor.
6. Conspicuously means written in such special or distinctive format, print, or manner that a
reasonable person against whom it is to operate ought to have noticed it.
H. Remedies. In addition to other remedies it may have for breach of the prohibitions against
contingent fees,gratuities,kickbacks and conflict of interest,the County shall have the right to:
(1) Terminate this Agreement without liability by the County;
(2) Debar or suspend the offending parties from being a contractor or sub-contractor under County
contracts;
(3) Deduct from the contract price or consideration, or otherwise recover, the value of anything
transferred or received by the Contractor; and
(4) Recover such value from the other offending parties.
3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN BUSINESS
ENTERPRISES(DBE/MBE/WBE)
A. Pursuant to local, state and/or federal anti-discrimination and affirmative action programs,
contractor shall meet all applicable requirements with respect to employment and subcontracting in
connection with Disadvantages/Minority/Women individuals and enterprises(DME/MBE/WBE).
B. In connection with the execution and administration of this Agreement, and any subcontracts,
the Contractor shall not discriminate against any employee or applicant for employment because of race,
religion,color,sex,national origin,age, handicap or status as a veteran.
C. In connection with the performance of this Agreement, the Contractor will cooperate with the
County in meeting the County's commitments and goals with regard to the maximum utilization of
disadvantaged, minority and women business enterprises and will use its best efforts to ensure that
such business enterprises shall have the maximum practicable opportunity to compete for employment
and/or subcontract work, if any,under this Agreement.
D. The Contractor will furnish all necessary information and reports and will permit access to its
books, records, and accounts by Pitkin County for purpose of investigation to ascertain compliance with
the nondiscrimination/affirmative action provisions of any resultant contract.
E. Employment Data and Affirmative Action Plan. If requested,the Contractor agrees to submit on
an Employment Data Form to be provided by the County, the data showing the utilization of
disadvantaged persons, minorities and women by job category within its organization. Where the
Contractor has fifty (50) or more employees or it is participating in contracts with the County, which
exceed Fifty-Thousand ($50,000.00) Dollars, an Affirmative Action Plan must be submitted to the
County when requested by the County Attorney's Office within ten(10)days after selection.
III-7
F. Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination/
affirmative action provisions of any resultant contract,Pitkin County shall impose such contract
sanctions as it may determine to be appropriate, including, but not limited to:
(1) Withholding of payments under the Agreement until the Contractor complies,and/or
(2) Cancellation,termination,or suspension of the Agreement,in whole or in part.
4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY
A. In addition to the right of cancellation referenced in Paragraph 7 of the Agreement, the
performance of work under the Agreement may be terminated by Pitkin County:
(1) Whenever the Contractor shall default in performance of this Agreement in accordance with its
terms,and fails to cure or show cause why such failure to perform should be excused within ten
(10) days (or longer as the County may allow or shorter, but not less than three (3) days, for
failure to provide proof of insurance or maintenance of any dangerous condition) after hand-
delivery, facsimile or mailing to the Contractor of a notice specifying the default as provided in
Paragraph 11 of the Agreement.
The Contractor shall not be in default by reasons of any failure in performance of this
Agreement in accordance with its terms if such failure arises out of causes beyond the control
and without the fault or negligence of the Contractor. Such causes may include, but are not
restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case
the failure to perform must be beyond the control and without the fault or negligence of the
Contractor. Upon request of the Contractor, the County shall ascertain the facts and failure,
and, if the County shall determine that any failure to perform constituted a valid commercial
excuse,the performance shall be revised accordingly and notice of default withdrawn;or
(2) Whenever for any reason and in its sole discretion the County shall determine that such
termination is in its best interest and convenience.
B. Notice of Termination. In the event of termination,the County shall deliver to the Contractor a
written notice of termination, specifying the reasons therefor, and the effective date of such
termination. The effective date shall not be earlier than the date of hand-delivery, facsimile or the
date of mailing of the notice,as provided in Paragraph 11 of the Agreement.
C. Termination Procedure. After the effective date of the notice of cancellation, termination for
default or for the convenience of the County, unless otherwise directed by the County, the Contractor
shal I:
(1) Stop work under the Agreement on the date specified in the notice of termination.
(2) Place no further orders for materials,services or facilities.
(3) Terminate all orders and subcontractors to the extent that they relate to the performance of
work terminated by the notice of termination.
(4) With the approval or ratification of the County, settle all outstanding liabilities and all claims
arising out of such termination on orders or subcontracts, the cost of which would be
compensable or reimbursable in whole or in part in accordance with this Agreement.
III-8
D. Termination Payment. After the effective date of a notice of termination for the convenience
of the County, the Contractor shall submit to the County his termination claim in the form of a final
invoice in accordance with the provisions in "Method of Payment," including costs incurred to the date
of termination,and costs incurred because of termination,which termination costs shall not exceed 10%
of the total amount of proposal; provided, however, that in the event of default by the Contractor, no
extra costs incurred because of termination shall be paid to the Contractor and any costs paid shall not
be a waiver of any claim,counterclaim or set-off by the County against the Contractor on account of any
default. Such claim must be submitted promptly, but in no event later than thirty (30) days from the
effective date of termination,unless one or more extensions are granted in writing by the County. Upon
the Contractor's failure to submit a claim in the time allowed, the County may review the information
available to it and determine the amount due the Contractor, if any,and pay the Contractor the amount
as determined.
E. Termination Settlement. Subject to Paragraph 4.D., the Contractor and County may negotiate
the whole or any part of the amount or amounts to be paid, if any, upon cancellation, termination for
default or for the convenience of the County.
F. Remedies. The Contractor shall have the right of appeal from any determination made by the
County under"Cancellation or Termination for Default or for Convenience of County;"except that if the
Contractor has failed to submit his claim within the time provided in Paragraph 4.1)., above, and has
failed to properly request extension, he shall have no such right of appeal. In any case where the
County has made a determination of the amount due under Paragraphs 4.0.or 4.E., above, the County
shall pay the Contractor: (1)the amount the County has determined if there is no right to appeal or if no
timely appeal has been taken,or (2)the amount finally determined on such appeal if an appeal has been
taken.
G. Method of Appeal. If the Contractor disagrees with the County's determination under
Paragraphs 4.D.or 4.E., he can appeal this decision in writing to the County. Such appeal must be made
within twenty (20) days of receipt in writing of the County's determination. The County shall have
twenty(20)days in which to respond in writing to the appeal. The County's response shall be final and
conclusive unless within thirty (30) days from the date of receipt of such response the Contractor
submits the dispute to a court of competent jurisdiction or submits a demand for arbitration if
required by the Contract Documents.
5. INTEGRATION AND MODIFICATION
A. The Agreement constitutes the full and complete agreement of the parties and supersedes or
incorporates any prior written and oral agreements of the parties. In addition, the Contractor
understands that unless the contract is for goods or services of a value less than $50,000, no County
official or employee,other than the Board of County Commissioners acting as a body at a Board meeting,
has authority to enter into a contract or to modify the terms of the Agreement on behalf of the
County. Any such contract or modification to this Agreement must be in writing and be executed by the
parties hereto.
B. With respect to change orders under the Agreement, the County and the Contractor shall
process and approve/disapprove requests for change orders as otherwise provided in this Agreement,
subject to the requirements of the Procurement Code and the Finance Office.
III-9
6. INDEMNITY
A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents
and representatives,subcontractors and suppliers),shall and hereby does release,discharge, indemnify
and hold harmless the County of Pitkin and its officials,employees,agents and representatives from and
against liability for any claim,demand, loss,damages, penalty,judgment,expenses,costs(including costs
of investigation and defense), fees (including reasonable attorney and expert witness fees) or
compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property
damage arising out of or in connection with any negligent act, intentional act, error or omission by the
Contractor, and for any consequential liability alleged to accrue against the County on account of the
Contractor's acts,errors or omissions; provided, however, that such indemnity shall not be construed as
an indemnity for bodily injury or property damage arising from the sole negligence of the County or its
employees.
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.
7. INSURANCE
A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual
relationship with the County such insurance policies, from companies licensed in the State of Colorado,
as will protect itself, the County and others as specified, from claims for bodily injuries, death,
personal injury or property damage,which may arise out of or result from the Contractor's acts,errors
or omissions. The following insurance coverage, at or above the limits indicated and including such
endorsements as are indicated by an"X",are required:
(1) Statutory Workers'Compensation: Colorado statutory minimums
(2) Commercial General Liability-ISO 1998 Form or equivalent
(County named additional insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form(All risks)to include(place X by applicable provisions):
_X_ Premises/Operations
Underground,Explosion&Collapse Hazard
Products/Completed Operations
Contractual Liability
Independent Contractors and Subcontractors
Broad Form Property Damage
_X_ Personal Injury
(3) Business Auto Coverage:
Combined Single Limit Liability(each accident) $1,000,000.00
Coverage to include(place X by applicable provisions):
_X_Any Auto
All Owned Autos
III-10
_Hired Autos
Non-Owned Autos
Garage Liability
(4)Special Coverages(check as appropriate and 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 amount of project
_(6)Boiler and Machinery
_(7)Loss of Use Insurance
(8)Pollution Liability
_(9)Crime, including Employee Dishonesty Coverage,or
Fidelity Bond
EVIDENCE OF INSURANCE SHOULD BE SENT TO:
Pitkin County Risk Management
C/o Bert Pearce Road& Bridge Manager
76 Service Center Road
Aspen,CO. 81611
Fax: 970-920-5374
B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a
form acceptable to the County shall be filed with the County (through the County Representative) no
later than ten (10)calendar days prior to commencement of operations affecting the County. Failure to
file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach
of any contract and grounds for rescission or termination. These Certificates of Insurance shall
contain a provision that coverage afforded under the policies will not be canceled or materially altered
unless at least thirty(30)calendar days prior written notice by certified mail,return receipt requested
(effective upon proper mailing), has been sent to the County (through the County's Risk Department).
(For purposes of this provision, "materially altered" shall mean a change affecting the coverages
required herein, including a change to policy limits as set out in the then-current policy declarations
page)•
Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's Risk
Department (and promptly update,as necessary)a certified 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.
C. In addition,these Certificates of Insurance shall contain the following clauses:
(1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a
Certificate,shall not apply to the County of Pitkin.
III-11
(2) The insurance companies issuing the policy or policies hereunder shall have no recourse against
the County of Pitkin for payment of any premiums or for assessments under any form of policy.
(3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for
the amount of,and at the sole expense of the Contractor.
(4) Location of operations shall be: "all operations and locations at which work for the referenced
Project is being done."
D. Certificates of Insurance for all renewal policies shall be delivered to the County'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 Agreement or thereafter.
E. The County reserves the right to request and receive a copy of any policy and any policy
endorsement.
8. EXEMPTIONS AND PREFERENCES
A. All purchases of construction or building or any other materials for this Agreement shall not
include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt
from such taxes under registration numbers 98-02624 and 84-78000-5K.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed
to perform the work 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 fide residents of Colorado with a preference to residents of the
County where the work is performed.
C. Preference is given, to the extent permitted by law, to: materials, supplies and provisions
produced, manufactured or grown in Colorado, quality being at least equal to materials, supplies and
provisions from outside the state; and to local (Roaring Fork Valley) services and labor of quality at
least equal to non-local services and labor.
9. RECORDS
The Contractor shall maintain comprehensive, complete and accurate books, records, and documents
concerning its performance relating to this Agreement for a period of three (3) years after final
payment under the Agreement and the County shall have the right within the three (3)year period to
inspect and audit these books, records and documents, upon demand, in a reasonable manner and at
reasonable times, for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the Agreement and applicable law.
10. THIRD PARTIES
This Agreement does not and shall not be deemed or construed to confer upon or grant to any third
party or parties, except to parties to whom Contractor or County may assign this Agreement in
accordance with the specific written permission,any rights to claim damages or to bring any suit,action
or other proceeding against either the County or Contractor because of any breach hereof or because
of any of the terms,covenants,agreements or conditions herein contained.
il. AGREEMENT MADE IN COLORADO
III-12 13
The parties agree that this Agreement 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.
12. ATTORNEY'S FEES
In the event that legal action is necessary to enforce any of the provisions of this Agreement, the
prevailing party shall be entitled to its costs and reasonable attorney's fees.
13. GOVERNMENTAL IMMUNITY
Contractor agrees and understands that Pitkin County is relying on and does not waive, by any
provision of this Agreement, the monetary limitations or terms (presently $150,000.00 per person
and $600,000 per occurrence) 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
otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in
these Required Clause or the Agreement 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.
14. 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 Agreement 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 Agreement shall constitute a mandatory charge or
requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
No provision of the Agreement shall be construed or interpreted as creating 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 Agreement shall not directly or
indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin
County's then current fiscal year. No provisions of this Agreement shall be construed to
pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision
of this agreement restrict the future issuance of Pitkin County's bonds or any obligations
payable from any class or source of Pitkin County's money.
III-13 Iq
NOTICE OF FINAL PAYMENT
Notice is hereby given that the Board of County Commissioners of Pitkin County, Colorado,
hereinafter the "Board," shall make final settlement for the work contracted to be done
on the project known as., hereinafter the "Project," to., hereinafter
the "Contractor," on _ , --
Any person, co-partnership, association of persons, company or corporation that has
furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies
used or consumed by the Contractor or his subcontractors in or about the performance of
the work contracted to be done or that supplies rental machinery, tools, or equipment to
the extent used in the prosecution of the work, whose claim therefor has not been paid by
the Contractor or his subcontractors shall file with the Board written verified notice of
such claims at any time up to and including the time of final settlement first stated above
or forever waive any and all claims, without limitation, pursuant to 1973 CRS 38-26-107, as
amended, against the Board of County Commissioners, Pitkin County, Colorado and the
Project.
All claims must be addressed as follows:
Board of County Commissioners
c/o Bert Pearce, Procurement Officer
76 Service Center Road
Aspen, CO 81611
III-16
CERTIFICATE OF SUBSTANTIAL COMPLETION
Project Name:
Contractor:
Contract Date:
Contract for(give brief description of type of work contractor has contracted to perform)
Project (or specified part) shall include(describe the project or the part of the project to have been built
by contractor)
Definition of Substantial Completion: The date of "Substantial Completion" of the project(or specified part
of the project) is the date when construction is sufficiently completed, in accordance with the Contract
Documents,so that the project (or specified part of the project) can be used for the purposes for which it
was intended.
To (Insert name of Contractor):
Date of Substantial Completion: (Insert date)
The work performed under the above-referenced Contract has be inspected by authorized
representatives of Pitkin County and (Contractor),and the project (Project) is declared to be substantially
completed on the above date.
A tentative list of items to be completed or corrected is attached to this Certificate. This list may
not be exhaustive,and the failure to include an item does not alter the responsibility of the Contractor to
complete all of the work in accordance with the Contract Documents. Contractor will complete these items
within days of the date of Substantial Completion. The date of Substantial Completion is the date
upon which all guarantees and warranties begin,except as noted below. The responsibilities between Pitkin
County and Contractor for maintenance, heat,and utilities shall be set forth below.
Dated:
Procurement officer
Contractor accepts the above Certificate of Substantial Completion and agrees to complete and
correct the items on tentative list within the time indicated.
Dated:
Signature of Contractor
Responsibilities of Pitkin County: (specify responsibilities of Pitkin County as to maintenance,heat and utilities)
Responsibilities of Contractor: (specify responsibilities of Contractor as to maintenance, heat and utilities)
Exceptions to guarantees and warranties: (set out any exceptions to guarantees and warranties as set out in
Contract Documents)
III-17
NOTICE OF FINAL ACCEPTANCE
Project:
Contract Date:
Contractor:
This is to certify that all of the work required under the above-referenced contract, (as amended),
has been completed; that the work has been inspected by Pitkin County and has been found to comply with the
terms and conditions of Contract Documents governing the same. Therefore,all work under the above Contract
is accepted on behalf of Pitkin County as of the date written below.
Notice of Final Payment will be advertised (date)and final payment will be made on (date).
Dated: Date upon which warrantee is to start
Pitkin County Board of County Commissioners
By:
Procurement Officer
Contractor: date:
11I-18