HomeMy WebLinkAboutbocc.con.027.20192017-11-13 btf
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 118.75.02212.86230
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form.
Contact Information:
Department
County Representative Paul Holsinger County Representative
Phone (970) 920-5237
Provide a brief description of the contract:
Contract Value Summary:
$ 69,651.00
$ -
$ -
$ 69,651.00
NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage
Open Space & Trails
Site-Built agricultural structure for the Emma Open Space
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
New Contract Total
Yes - 5%
Agricultural Structure at the Emma Open Space
Cleary Building Corp.
$-
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$-
$-
$-
$-
Formal
Construction
3/1/2019
2/28/2020
New Contract
027.2019
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
Bid # 027.2019 Rev. 2018-10-10 btf
Budget Line Item # 118.75.02212.86230
NOTICE OF AWARD
Date: April 26, 2019
To: Cleary Building Corp.
Nicholas Montgomery
715B Highway 50 North
Delta, CO 81416
RE: Agricultural Structure at the Emma Open Space
The County, having duly considered the Proposal submitted on February 11, 2019 for the
work or purchase covered by the Contract Document titled Agricultural Structure at the
Emma Open Space in the amount of Sixty-Nine Thousand Six-Hundred Fifty-One dollars
and Zero cents ($69,651.00), and it appearing that the Price and other information in your
Proposal Form is fair, equitable and to the best interest of the County, 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 one original of contract within ten (10) consecutive days from 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
Procurement via email at procurement@pitkincounty.com.
PITKIN COUNTY
________________________________________________
!#COUNTY REPRESENTATIVE#! Date
======================ACCEPTANCE OF NOTICE===================
Receipt of the above Notice of Award is hereby acknowledged
________________________________________________
!#VENDOR SIGNATURE#! Date
Apr-26-2019
Agriculture and Conservation Easement Administrator
Paul Holsinger
Cleary Building Corp Delta Branch Manager
Nicholas Montgomery
Apr-26-2019
Contract # 027.2019 Rev. 2018-10-10 btf
Budget Line Item # 118.75.02212.86230
1
PITKIN COUNTY CONSTRUCTION CONTRACT
THIS CONTRACT, made March 1, 2019 by and between the Board of County Commissioners of
Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the
“County”) and Cleary Building Corp., 715B Highway 50 North, Delta, CO 81416 (hereinafter
called the “Contractor”) to perform the following work: Agricultural Structure at the Emma Open
Space (“Project”).
I. Term of Contract: The term of this Contract is from March 1, 2019 to February 28, 2020.
II. Scope of Work and Work Schedule:
A. Scope of Work:
Contractor shall furnish all materials, labor, tools, and managerial oversight to
successfully erect a structure at the Emma Open Space site as designated by the
Contract Lead and with direct input from the current tenants, Two Roots Farm.
Building specifications and scope of work are detailed in the attached documents,
which are incorporated as a part of this Contract.
B. All work performed under this Contract shall be done according to the following
work schedule:
Work shall be performed only during days and hours that comply with any Federal,
Local, or State mandated construction hours. The schedule shall be coordinated and
agreed upon with the Project Lead and the current tenants, Two Roots Farm.
C. The Cleary/Owner Project Contract – Erected is attached hereto and hereby
incorporated into the terms of this Contract. To the extent that the terms of this
Contract conflict or are inconsistent with the terms of the Cleary/Owner Project
Contract – Erected, the terms of this Contract shall apply.
III. Payment: The County agrees to pay, and the Contractor agrees to accept, in full payment
for the performance of this Contract, the total price of Sixty-Nine Thousand Six-Hundred
Fifty-One dollars and Zero cents ($69,651.00) 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
1) Contractor shall submit applications for payment per the following
schedule:
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Budget Line Item # 118.75.02212.86230
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a. 20% Down-Payment
b. 40% Delivery Payment (due upon delivery of building materials)
c. 30% Truss Payment (due when all trusses are installed in building)
d. 10% Final Payment (due upon completion and final approval)
2) Progress payments for Contracts exceeding one hundred fifty
thousand dollars ($150,000.00)
a. County shall make progress payments, within thirty (30) days of
County’s approval of Contractor’s pay request.
b. In accordance to amend Section 2 Colorado Revised Statutes
(C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty
thousand dollars ($150,000.00) and if the Contractor is satisfactorily
performing this Contract, progress payments shall be in an amount
equal to ninety-five percent (95%) of the calculated value of
completed Project work. If, in the opinion of the Project Lead and
County, satisfactory progress is not being made on the Project, or if
claims are filed under Section C.R.S. § 38-26-107, 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 Project Lead’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.
3) County shall make final payment, including release of retainage, to
Contractor in accordance with this Contract and Section C.R.S. § 38-26-
107, as amended.
IV. Contractor Obligations:
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 compiles
accurately with this Contract.
2) The Contractor shall appoint and identify to the County and Project
Lead, 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 Project Lead 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 Contractor. All
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communications given to the superintendent shall be as binding as if given
to the Contractor.
B. Subcontractors, Suppliers and Others
1) The Contractor shall not employ any subcontractor, supplier or
other person or organization (including those acceptable to the County and
the Project Lead, whether initially or as a substitute) against whom the
County or the Project Lead may have reasonable objection.
2) The identity of subcontractors, suppliers or other persons or
organizations including those who are to furnish the principal items of
materials and equipment must be submitted to the County in advance of any
work performed or materials supplied under this Contract for acceptance by
the County and the Project Lead. No acceptance by the County or the Project
Lead of any such subcontractor, supplier or other person or organization
shall constitute a waiver of any right of the County or the Project Lead to
reject defective Project work.
3) The Contractor shall be fully responsible to the County and the
Project Lead for all acts and omissions of the subcontractors, suppliers and
other persons and organizations performing or furnishing any of the Project
work under a direct or implied 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 Project Lead and any such subcontractor, supplier or other person or
organization, nor shall it create any obligation on the part of the County or
the Project Lead 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 of the County and the
Project Lead.
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 Project Lead and anyone directly
or indirectly employed by either of them from and against all claims, damages,
losses and expenses (including attorney'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.
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D. 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
furnishing 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 Project Lead
shall be responsible for monitoring the Contractor's compliance with any Laws or
Regulations.
E. 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 not apply to materials purchased by the County. The Contract price
shall include all other federal, state, and/or local direct or indirect taxes, which do
apply. The Contract price shall include the cost of compliance with all other Federal
Laws and Regulations at no additional cost 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 Tax 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.
F. 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, except
the normal and incidental impact to the land or area caused during the work.
Should any claim be made against the County or the Project Lead 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, losses and
expenses (including, but not limited to, fees of engineers, architects,
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 Project Lead 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
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about the premises as well as all tools, appliances, construction equipment
and machinery, temporary structures, stumps or portions of trees, and
surplus materials, and shall leave the site clean and ready for occupancy by
the County.
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 property to stresses or
pressures that will endanger it.
G. Safety and Protection.
1) 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:
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 off the 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.
2) 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 course of the Contract and
not only to normal Project work hours.
3) 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
Project Lead. 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 Project Lead.
a. 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
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under this Contract, and of constructing and maintaining such
approaches, crossing, intersections and any necessary features
without direct compensation, except as otherwise provided.
b.
H. Shop Drawings and Samples.
1) After checking and verifying all field measurements and after
complying with applicable procedures specified in this Contract, the
Contractor shall submit to the Project Lead 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 Project Lead
may require. The data shown on the shop drawings will be complete with
respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to enable the Project Lead to review the
information as required.
2) 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.
3) At the time of each submission, the Contractor shall give the Project
Lead 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 Project Lead for review and approval of each such variation.
4) Where a shop drawing or sample is required by the specifications,
no related Project work shall be commenced prior to the Project Lead’s
review and approval of the shop drawing or samples.
5) The cost of furnishing all shop drawings and samples shall be borne
by Contractor.
V. Performance and Payment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of one half
of the total Contract value for all Contracts over fifty thousand dollars ($50,000.00),
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 furnished by Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state or it ceases to meet
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the requirements of paragraph A of this Section, Contractor shall within five (5)
days thereafter substitute another Bond and Surety, both of which must be
acceptable to the County.
VI. Indemnity.
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 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 arising or recovered
under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court 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, its 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.
VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warrant y 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 policies shall include,
or be endorsed to include, the following provision: On insurance policies where the
County is named as an additional insured, the County shall be an additional insured to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by 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
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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.
Commercial General Liability Completed Operations coverage must be kept in effect for
up to three (3) years after completion of the project.
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 liability 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.
Minimum Limits:
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 (including defense costs assumed
under contract)
Independent Contractors
Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503
(1997 Edition or equivalent)
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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 of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage (Each Accident)
$ 1,000,000
4) Builders Risk Insurance or Installation Floater – Completed Value
Basis
Unless otherwise provided, the Contractor shall purchase and maintain, in
a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, Builders' Risk Insurance in the
amount of the initial Contract Sum, plus value of subsequent modifications,
change orders, and cost of material supplied or installed by others,
comprising total value of the entire Project at the site on a replacement cost
basis without optional deductibles.
a. Policy must provide coverage from the time any covered property
becomes the responsibility of the Contractor, and continue without
interruption during construction, renovation, or installation,
including any time during which the covered property is being
transported to the construction installation site, or awaiting
installation, whether on or off site.
b. Such Builders' Risk Insurance shall be maintained, unless otherwise
provided in the Contract Documents or otherwise agreed in writing
by all persons and entities who are beneficiaries of such insurance,
until final payment has been made or until no person or entity other
than the County’s has insurable interest in the property to be
covered, whichever is later.
c. The Builders' Risk insurance shall include interests of the County
and if applicable, affiliated or associate entities, the General
Contractor, subcontractors and sub-tier contractors in the Project.
d. The Builders' Risk Coverage shall be written on a Special Covered
Cause of Loss form and shall include theft, vandalism, malicious
mischief, collapse, false-work, temporary buildings, transit, debris
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removal including demolition, increased cost of construction,
architect’s fees and expenses, flood (including water damage),
earthquake, and if applicable, all below and above ground structures,
piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and
excavation, backfilling, filling, and grading.
e. The Builders’ Risk shall include a Beneficial Occupancy
Clause. The policy shall specifically permit occupancy of the
building during construction. Contractor shall take reasonable steps
to obtain consent of the insurance company and delete any
provisions with regard to restrictions within any Occupancy Clauses
within the Builder’s Risk Policy. The Builder’s Risk Policy shall
remain in force until acceptance of the project by the County.
f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall
be included as required by the Contract Documents or by law, which
shall specifically cover insured equipment during installation and
testing (including cold and hot testing).
g. The deductible shall not exceed $25,000 and shall be the
responsibility of the Contractor except for losses that involve all
Acts of God such as flood, earthquake, windstorm, tsunami,
volcano, etc.
5) Special Coverages (check as appropriate and insert amount):
a. ☒ Performance Bond $ 34,468.50
i. ☐ Labor and Material $
ii. ☐ Payment Bond $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
e. ☐ Boiler and Machinery
f. ☐ Loss of Use Insurance
g. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this
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 Pitkin County Procurement 530 E Main Street, Suite
#304, Aspen, CO 81611. If the insurance carrier will not provide the
required notice, the Consultant/Contractor and or its insurance broker shall
notify the County of any cancellation, or reduction in coverage or limits of
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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 Project Lead 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.
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 against the County of Pitkin for payment of any
premiums or for assessments under any form 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.”
3) Certificates of Insurance for all renewal policies shall be delivered to
the Procurement Department at procurement@pitkincounty.com, 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 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 Project to the extent of not less than eighty percent (80%)
of each type or class of labor employed on such project, if not waived by the
County; 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 Project is performed. The County
shall waive this requirement in connection with this Contract.
IX. Protection and Restoration of Property and Landscape; Hazardous 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
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the Project Lead 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 Project Lead.
5) If the Contractor disturbs any of the landscape not called for
removal, it shall restore those areas as directed by the Project Lead at the
Contractor's expense.
B. Hazardous Materials
1) The County shall not be responsible for the cost of and the removal
or cleanup of Hazardous Materials found in any materials brought to the
Project site, after the Project site is turned over to the Contractor.
X. County 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 party
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
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work with the written consent of Project Lead 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 Project Lead 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. Changes in the Project and Use of Change 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 Project Lead 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 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
Project Lead in a letter or written notice with the reference notation “Contractor
Change Request”. If the Contractor: (i) receives any oral or written instructions,
directives or interpretations of Contract Documents, or determinations from the
Project Lead 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 Project Lead 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
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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 (10) consecutive calendar days after the
conditions are first discovered.
c. With 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
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 Project Lead 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 Project Lead,
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 Project Lead, 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.
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XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of
Defective Project Work
A. Warranty.
1) 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 manner. 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 conform in all
aspects to the terms 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 are indicated
for certain items, Contractor warrants Project work, whether furnished,
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 warranty and guarantee
provisions and be free from failure for a period of not less than One (1) Year
from date of Final Payment.
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 Contractor 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 Project Lead; or
c. Enforce all warranties for the benefit of the County, if directed by the
Project Lead.
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
B. Access to Project. The Project Lead and the Project Lead’s representatives,
other representatives of the County, testing agencies and governmental 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 Inspections.
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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) 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 Project
Lead.
3) If any Project work (including the work of others) that is to be
inspected, tested or approved is covered without written concurrence of the
Project Lead, it must be uncovered for observation. Such uncovering and
testing when required by the Project Lead shall be at the Contractor's expense.
4) Neither observations by the Project Lead 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 Project Lead or the
County, the Contractor shall promptly, as directed, either correct all defective Project
work, whether or not fabricated, installed or completed, or, if the Project work has
been rejected by the Project Lead 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. County May Correct Defective Work. If the Contractor fails within ten (10)
consecutive calendar days after written notice of the Project Lead 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 Project Lead or the County in accordance
with paragraph D of this Section, or if the Contractor fails to perform the Project work
in accordance with the Contract Documents, or if the 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 Contractor's 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 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,
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architects, attorneys and other professionals, all court costs and all costs 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.
XIII. Liquidated Damages. It is the County’s intent to complete this project no later than
February 28, 2020. Liquidated damages of Zero dollars and Zero cents ($0.00) 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 between the Contractor and the County, that
the time(s) for completion of the Project described herein are 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 of just compensation for
damages contemplated with the clause, the amount set forth as liquidated damages for
each consecutive calendar day that completion is delayed in the construction of the
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 far as it is
affected by such Force Majeure, shall be suspended during the continuance of the
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liability then claimed, but for no longer period, and any such party shall remove or
overcome such inability with 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 Government 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, lightning,
earthquakes, 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 lockouts by
acceding to the demands of the opposing party or parties 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 are intended to be
and are cumulative and shall be in addition to every other remedy now or hereafter
enforceable at law, in equity, by statute, or under Contract.
XIV. Termination of Contract
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 (Title II, United States Code), as now or hereafter in effect,
or if Contractor takes any equivalent or similar 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 purpose 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 disregards laws, ordinances, rules, regulations, or
orders of any public body having jurisdiction.
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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 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. Notwithstanding the
above, Contractor shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the Contract by the Contractor.
XV. Independent Contract 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, FICA and other income
taxes.
F. The Contractor shall be required to complete and submit to the County, a Form W-9
Taxpayer Identification Number Request.
XVI. Computation of Time.
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. All times stated in this Contract are of the essence.
XVII. Records and Cost Pricing 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 clarifications in
good order and annotated and updated weekly to show all changes made during
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construction. These record documents together with all approved samples will be
available to the Project Lead for reference. Upon completion of the Project, these
record documents and samples will be delivered to the Project Lead 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
similarly 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. If this Contract is completely or partially terminated, the records relating to the Project
terminated shall be made available for three (3) years after any resulting final
termination payment.
D. Records pertaining to appeals or to litigation or 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.
XVIII. Miscellaneous.
A. Any use of subcontractors by the Contractor for performance of this Contract must
be accepted in writing by the County.
B. 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.
C. 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.
D. Contract Made in Colorado. The parties 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.
E. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its
costs and reasonable attorney’s fees.
F. Governmental Immunity. Contractor agrees and understands that Pitkin County 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, C.R.S., § 24-10-101, et seq., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further,
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
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property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
G. 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.
H. Notice. Any notice required or permitted under this Contract shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below
and by one of the following methods 1) hand-delivery or 2) registered or certified
mail, postage pre-paid to the mailing addresses set forth below. Each party by notice
sent under this paragraph may change the address to which future notices should be
sent. Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall
be construed to preclude personal service of any notice in the manner prescribed
for personal service of a summons or other legal process.
To Pitkin County:
Paul Holsinger
530 E Main Street
Aspen, CO 81611
Email:
Paul.Holsinger@PitkinCounty.com
with copies to:
Pitkin County Attorney’s Office
530 E. Main St., Suite #301
Aspen, Colorado 81611
Email: Attorney@pitkincounty.com
To Contractor:
Cleary Building Corp.
715B Highway 50 North
Delta, CO 81416
Phone: (970) 874-1066
Email:
NMontgomery@clearybuilding.com
I. Waiver. No waiver by either party of any right, term or condition of this
Contract shall 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.
A. In order to induce County to enter into this Contract, Contractor makes the
following representations:
1) 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.
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2) Contractor will correlate the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of this Contract.
3) Contractor has given Project Lead written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the
written resolution thereof by Project Lead is acceptable to Contractor.
4) 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.
5) 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, et seq., as amended and C.R.S.
§§ 24-76.5-101, et seq., as amended:
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or 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 Contract and will confirm
the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Contract, through participation in the E-Verify
Program established under Pub. L. 104-208 or the State verification program established
pursuant to §8-17.5-102(5)(c), C.R.S., 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 (i)
shall not use E-Verify Program or State program procedures to undertake pre-employment
screening of job applicants while this Contract is being performed, (ii) shall notify the
Subcontractor and the contracting State agency within 3 days if Contractor has actual
knowledge that a Subcontractor is employing or contracting with an illegal alien for work
under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice, and
(iv) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and
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Employment. If Contractor participates in the State program, Contractor shall deliver to
the contracting State agency, Institution of Higher Education or political subdivision, a
written, notarized affirmation, affirming that Contractor has examined the legal work status
of such employee, and shall comply with all of the other requirements of the State program.
If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et
seq., C.R.S., 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. §§24-76.5-101, et seq., C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United
States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et
seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103,
C.R.S. prior to the Effective Date of this Contract.
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein
above.
CLEARY BUILDING CORP.
________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
_________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
SECTION APPROVAL:
________________________________________________
!#SECTION LEADER#! Date
MANAGER APPROVAL:
________________________________________________
!#COUNTY MANAGER#! Date
Apr-26-2019
Paul Holsinger
Agriculture and Conservation Easement Administrator
Phylis Mattice
Apr-30-2019
ZAssistant County Manager
Apr-26-2019
Nicholas Montgomery
Cleary Building Corp Delta Branch Manager
County Manager
Jon Peacock
May-08-2019
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
1
PUBLIC NOTICE
Pitkin County is accepting proposals to provide Agricultural Structure for the Emma Open
Space.
More information is available online at www.BidNetDirect.com/Colorado.
Any and all questions, or requests for clarification, must be submitted by 5:00 PM MT on
February 4, 2019. Questions and requests for clarification will only be accepted via email
at procurement@pitkincounty.com.
Proposal documents must be uploaded to the BidNet Direct website no later than 2:00
PM MT on February 11, 2019.
Published in the Aspen Daily News: January 29, 2019 and February 5, 2019
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
2
PITKIN COUNTY
Agricultural Structure for the Emma Open Space
Table of Contents
REQUEST FOR PROPOSAL
I. INTRODUCTION 3
II. COUNTY BACKGROUND 3
III. SCOPE OF WORK 4
A. SPECIFICATIONS AND DRAWINGS 4
B. CONTRACT TIME AND LIQUIDATED DAMAGES 4
C. ADDITIONAL INFORMATION 4
IV. SELECTION PROCESS 4
A. SUBMITTALS 4
B. TIME SCHEDULE 6
C. EVALUATION CRITERIA AND WEIGHING 6
D. SELECTION COMMITTEE 7
E. CONTRACT 7
PROPOSAL FORM 8
INSTRUCTIONS TO PROPOSERS 11
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
3
REQUEST FOR PROPOSALS
Agricultural Structure for the Emma Open Space
GENERAL INFORMATION TO PROPOSERS
ISSUED: January 19, 2019
DUE: February 11, 2019 at 2:00 PM MT
I. INTRODUCTION
Pitkin County (hereinafter called the “County”) is qualifying interested parties for
the provision of an Agricultural Structure for the Emma Open Space located at 100
Sopris Creek Road, Basalt, CO 81621.
II. COUNTY BACKGROUND
Covering 975 square miles, Pitkin County is located in the heart of the White River
National Forest, surrounded by the spectacular peaks of the central Rocky
Mountains. Pitkin County is located in Colorado with the county seat of Aspen.
Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old
Snowmass, Meredith, Thomasville, Redstone and portions of the town of Basalt.
As public servants, we work in the public trust to ensure quality of life and
experience in Pitkin County for present and future generations.
Organizational Values: Pitkin County embraces the following values to promote
public trust and confidence in County Government.
Stewardship: We strive to leave our natural environment, community, public
assets, and organization in better condition than we found them for current and
future generations.
Ethics: We hold ourselves to high standards of honesty and dependability in the
conduct of county business.
Excellence: We are committed to providing quality services that are accessible,
accurate and innovative to meet our community’s needs.
Collaboration: We work together as employees and with citizens and other
government, non-profit and private sector organizations helping each other
succeed in promoting and achieving the public’s goals.
Open Communication: We are committed to listening to our citizens and
partners and to giving accurate and timely information.
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
4
Positive Work Environment: We appreciate dedicated and knowledgeable
employees and support their professional and personal growth.
Additional information about the County may be found on the County’s website
at: http://www.pitkincounty.com/DocumentCenter/View/4468
III. SCOPE OF WORK
A. SPECIFICATIONS
The County desires to affix a permanent agriculturally focused structure at the
Emma Open Space to facilitate organic vegetable farming and other support
activities. While the County is open to various design options, the minimum
parameters are as follows:
Dimensions of 24 feet X 32 feet insulated with an interior ceiling 12 to 16
feet in height
Irrigated concrete floor
Covered porch(es) along the longest dimension of the exterior walls at 12
feet of depth; concrete with drains on the North-facing side and gravel on
the South-facing side
Septic system capable of supporting, at minimum, one full bathroom,
kitchen (sink, dishwasher, refrigerator/ice-maker), and a laundry room
Water line pulled from existing well location to supply interior/exterior
plumbing
Hot water heater suitably sized to support above minimums
Heating system suitably sized to support above minimums (open to
recommendations on heating system)
Interior, full bathroom with minimum dimensions of 8 feet X 8 feet
Functionally wired for electrical componentry and electrical service
extension, if needed
Interior: partial separation wall with partial loft
One garage door minimum of 10 feet wide
Minimum of three (3) exterior doors at 36” minimum
Window configuration options including at least one skylight
Ventilation system
Preferred washable interior wall finish
The above are meant to be interpreted as minimum design features. The County
will entertain optional upgrades beyond the above minimums. Please separate
additional options within your proposal form.
B. ADDITIONAL INFORMATION
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
5
It is the Contractors responsibility to provide all safety equipment necessary and to
perform all work in a safe and workman-like manner. Pitkin County reserves the
right to enter the working site for periodic checks of safe working environments.
IV. SELECTION PROCESS
The County is required by the terms of the Pitkin County Procurement Code to
conduct a competitive selection process to select a Contractor for the above-
described proposal. This process shall be through formal proposals submitted in
response to this Request for Proposals.
A. SUBMITTALS
1. Proposer shall submit proposals for this Service as outlined in the Request
for Proposals and Scope of Services, or an alternately developed plan as developed
by Proposer in response to and in accordance with this Request for Proposals and
Information to Proposers attached hereto.
Proposal Format: Each response shall be 8½” X 11” in size. Font, Times New
Roman, size shall be no smaller than 12 point and submission shall not exceed
twenty (20) pages total, any page after page 20 will not be reviewed. Exclusions for
cover letters, Proposal Form, personnel résumés, and Template Contract revisions,
all to be uploaded as their own separate file. Proposals may include pages up to
11”x17” size with each sheet larger than 8.5”x11” counting as two sheets.
a. The proposal must contain name, address, daytime phone number(s), and
e-mail address for person(s) to whom additional selection process
requests should be communicated;
b. A proposed approach (basic description of how Proposer will proceed
with this Service), timetable for the Service, and proposed method of
compensation for services rendered;
c. A statement of Qualifications of the Proposer;
d. References;
e. A completed Proposal Form;
f. List of all subcontractors;
g. Fee schedule for any work completed not included in Scope of Work
2. Proposer may be required to supply additional information upon request,
or to make additional submissions under secondary selection criteria, if
necessary.
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
6
3. Any and all questions or comments shall be submitted via email to
procurement@pitkincounty.com no later than 5:00 PM MT on February 4,
2019. All requests must have the email subject line, “RFP 027.2019
Agricultural Structure for the Emma Open Space: Request for Clarification
and Questions.” All questions, comments and answers provided shall be
shared with all Proposers via addendum posted on BidNet Direct.
Addendum(s) will include the requests for clarification and questions, as
written by the Proposer.
4. All Proposals must be uploaded to the BidNet Direct website. Proposals
will not be accepted in any other form or manner.
5. During the Request for Proposal selection process, all proposals shall
remain confidential. The entire selection process (procurement) file shall be
available to the public (which includes all Proposers) after an agreement is
approved by the County, except those items for which confidentiality has
been requested in writing by the Proposer, and providing that the County
Attorney has reviewed and determined this to be the properly confidential
under the State Open Records Act and other relevant statutes and
regulations.
B. TIME SCHEDULE
The County will endeavor to use the following timetable:
January 19, 2019 Request for Proposals publicly advertised, posted on website
(www.bidnetdirect.com/colorado)
January 31, 2019 Optional Pre-Proposal Site Visit at 1:00 PM MT. Please
submit RSVP to Procurement@PitkinCounty.com no later
than 24 hours prior to the meeting. We will convene at the
Emma church house and then walk the site.
February 4, 2019 Proposer’s request for clarification and questions due via
email to procurement@pitkincounty.com by 5:00 PM MT
February 6, 2019 County’s response to request for clarification and questions
posted on BidNet Direct via addendum
February 11, 2019 PROPOSALS MUST BE UPLOADED TO BIDNET
DIRECT BY 2:00 PM MT
Week of
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
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February 18, 2019 Meeting of Selection Committee; checking of references;
requests for additional information, if necessary; scheduling
of interviews, if necessary
March 4, 2019 Notice to Proposers
March 25, 2019 Anticipated Contract Start Date
C. EVALUATION CRITERIA AND WEIGHING
Selection of the "short-listed" Proposers to be interviewed and/or the selection of
the top-ranked Proposer will be based upon the following criteria and relative
importance (or as the same may be amended or supplemented by published
secondary selection criteria, if any):
1. Approach to Project 30%
The Proposer shall prepare a brief statement as to intention to handle:
A. The Project
B. The Project Schedule
2. List of similar work 20%
The Proposer shall submit examples of work of similar size and type.
3. Estimated Cost of Services, including Reimbursable Expenses 40%
List of reimbursable expenses should be submitted with a top-set.
A. The Proposer shall list all costs assumed necessary to provide a
completed product, including
i. Labor expenses
ii. Reimbursable expenses
iii. Miscellaneous expenses
B. The Proposer shall provide a list of standard pickup rates and other
necessary rates to complete the Project.
4. References 10%
The Proposer shall provide a list, including contact name and information,
of references/prior clients, especially local, state and federal government.
D. SELECTION COMMITTEE
Communications between Proposer and any member of the selection committee
during the selection process except when and in the manner expressly authorized by
the Request for Proposals, is prohibited. Violation of this restriction is grounds for
disqualification from the process.
Voting Members of the
Selection Committee:
Nonvoting counsel to the
Selection Committee:
-OST Ag & CE Admin -County Attorney
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
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-OST Director
-OST Planning & Outreach
Manager
-
-County Procurement
E. CONTRACT
A sample of the Pitkin County Contract for the Provision of Services is included
as Attachment A. The Proposer must present exceptions to the standard contract
with the proposal. If concerns are not expressed, the County shall consider that
terms and conditions as accepted. Contract alterations, modifications, additions or
deletions will not be accepted at any time after proposals are submitted. Submittal
of contract changes is for County information only and will only be reviewed
upon vendor selection has been completed; it does not disqualify any vendor from
contract award.
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
9
PROPOSAL FORM
Proposal Time: 2:00 PM MT
Proposal Date: February 11, 2019
From:
Phone
E-mail Address:
To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Procurement
123 Emma Rd., Suite #106
Basalt, CO 81621
For: RFP # 027.2019: Agricultural Structure for the Emma Open Space
Pursuant to a request by the Pitkin County Commissioners, the undersigned
Proposer having examined this Request for Proposals (RFP), including the site of the
proposed Service and being familiar with conditions surrounding the Service of the
proposed Service, including the availability of materials and labor hereby proposed to
furnish all labor, materials, supplies, applicable permits, services and supervision
required to perform the Service as detailed in this RFP for the sum of:
The Fee Schedule for this project and any similar work not included in the Scope of Work
is included.
Statement and Detailed Approach to Service:
Qualifications of Proposer:
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
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Please insert names address, phone numbers and description of similar Service for
Reference Checks.
1.
2.
3.
It is further understood that the right is reserved by the County to reject any and all
proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10)
days from specified time for receiving proposals.
The Proposer acknowledges receipt of Addenda Nos. .
The right is reserved to waive any informalities and to reject any Proposal.
(Type/Print name under all signatures)
Dated this day of , 2018
(Corporate seal) PROPOSER:
SIGNATURES: If the proposal is being submitted by a Corporation, the Proposer
should be signed by an officer, i.e. President or vice-president. The signature of the officer
signing shall be attested to by the secretary and properly sealed. If the proposal is being
submitted by an individual or a partnership, the proposal shall so indicate and be properly
signed.
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
11
INSTRUCTIONS TO PROPOSERS
FOR PITKIN COUNTY CONTRACTS
1. a. A "Proposal" is a responsive, conforming, unconditional, complete, legible and
properly executed offer on the Pitkin County Proposal Form to do the work called for
in the Request for Proposals (“RFP”).
b. Proposals must be submitted electronically in PDF format and submitted at the time
and place designated in the RFP. Electronic submissions must be clearly marked as a
"sealed proposal" with the Service name and the name, contact person, mailing
address and telephone number of the Proposer. The County reserves the right to
request verification of any original or electronic signature at any time before issuing
a Notice of Award.
c. It shall be the responsibility of the Proposer to ensure that the Proposal is in proper
form and in the County's possession by or before the scheduled time and date of public
Proposal opening. Proposals will not be accepted after the scheduled time and date of
opening. Any Proposals received late will be returned to the Proposer unopened, if
possible. In the event that it is impossible to determine who the late Proposer is unless
the envelope is opened, the envelope will be opened, the address determined, and the
envelope and Proposal returned immediately to the Proposer.
d. If specified in the Request for Proposals, parties who request packages of proposal
documents will be required to pay a fee for the document package. All parties who
request packages must provide the name of the potential Proposer, along with the
name of a contact person, address, telephone number, and email address for the
purpose of dissemination of Addenda or additional proposal information.
e. If a mistake is made or discovered at or after the public opening, the County reserves
the right to determine which party made the mistake and whether the mistake is
material and, after these determinations, the County, in its sole discretion, shall make
the decision whether to accept or reject the Proposal. No advantage shall be taken by
either party of manifest clerical errors or omissions in the Proposal d ocuments or the
Request for Proposals (and plans and specifications). All Proposers are required to
notify the County immediately of any errors of omissions that may be encountered.
(See 2.a. and 2.c., below).
f. The signer of the Proposal must initial any alteration or erasure. If provided on the
required Proposal Form, the proposal price of each item must be stated in numerals
and words; in case of a conflict, the words will control. In case of conflict between the
indicated sum of any addition of figures and the correct sum, the correct sum will
control.
g. No reimbursement will be made by the County for any costs incurred in the
preparation of a statement of qualifications, Proposals, or attendance at a site
inspection, pre-bid conference or interviews.
h. No person, firm, corporation or other entity shall be allowed to make, file or be
interested in more than one Proposal for the same work, unless alternate proposals are
called for. A person, firm, corporation or other entity who has submitted a subproposal
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
12
to Proposer, or who has quoted prices on materials to a Proposer, is not hereby
disqualified from submitting a subproposal or quoting prices to other Proposers.
2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning
of any part of the Drawings, Specifications or other Proposal or Contract Documents,
or finds discrepancies, errors, ambiguities, inconsistencies, incompleteness or
omissions in the Drawings or Specifications or the proposal process, he/she must
submit to the Procurement Officer a written request for an amplification, clarification,
explanation, interpretation or correction thereof. Failure to do so shall constitute: (1)
acceptance by the Proposer of the Drawings, Specifications or other Proposal or
Contract Documents as is, and (2) a waiver by the Proposer of any and all claims
arising, or that might arise, out of such discrepancies, errors, ambiguities,
inconsistencies, incompleteness or omissions.
b. Proposers may propose substitute materials or techniques if such substitution is equal
to or better than the materials or techniques described in the RFP and if the substitution
has been submitted in writing at least ten (10) days prior to the public Proposal
opening. The burden of proof of equality or superior quality is on the Proposer. If
accepted as equal by the County in its discretion, the substitute will be designated as
an alternative on a formal addendum distributed to all Proposers at least three (3) days
prior to the deadline for Proposal submission.
c. Any amplification, clarification, explanation, interpretation or correction of the
documents will be made only by written Addendum duly issued and a copy of the
Addendum will be mailed or delivered to each person receiving a set of the Proposal
Documents. Delivery, as used in these Instructions, shall include electronic delivery
through e-mail, facsimile, web-posting or other electronic means. Neither the County
nor the Procurement Officer will be responsible for any information, representations,
explanations or interpretations of the Contract Documents not in written addenda.
d. The County reserves the right to call a pre-proposal conference; if called and
conducted, a summary of the pre-proposal conference will be mailed or electronically
delivered to all parties receiving a set of Proposal documents.
e. On request, the County will provide each Proposer access to the site to conduct, at
Proposer's sole cost, such inspections, tests and investigations as each Proposer deems
necessary for submission of a Proposal. No information provided by County
representatives at such a site inspection shall be deemed a waiver of the requirements
of 2.a. and 2.c., above.
f. Any Addenda issued during the time of the Proposal process, or forming a part of the
Proposal Documents, shall be covered in the Proposal, and shall be considered a part
of the RFP. Receipt of each Addendum shall be acknowledged in the Proposal.
g. If specified in the RFP, a request for qualifications may precede the RFP process.
3. a. Each Proposal, if required by the Proposal Documents, shall be accompanied by a
certified check or bid bond in a form acceptable to the County Attorney, in an amount
specified, payable without condition to the County as a guarantee that the Proposer, if
awarded the Contract, will promptly execute the Agreement in accordance with the
Proposal, and will furnish, if required by the Proposal, good and sufficient bonds for
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
13
the faithful performance of the Contract and for the payment to all persons supplying
labor and material for the work (see 10.a., below). The Proposal guaranties of all parties
except the three highest scoring Proposals will be returned promptly after the opening
of Proposals. After execution of the Contract and issuance of a Notice to Proceed, the
remaining two Proposers’ guaranties will be returned.
b. Proposer also, if required by the Proposal Documents, will fully complete and submit
with the Proposal a Pitkin County Qualification Statement, or an up dated Statement
if one is already on file. Pitkin County reserves the right to pre-qualify Proposers based
on said qualification statements.
c. Proposer also must submit with the Proposal a list of subcontractors, independent
contractors and suppliers to be employed under the Contract. If the County has a
reasonable objection to any such subcontractor, independent contractor or supplier, it
shall notify the Proposer and the Proposer may then: (a) withdraw the Proposal; or (b)
substitute an acceptable contractor or supplier. If required by the Contract Documents,
subcontractors, independent contractors and/or suppliers may be required to submit a
Contractor's Qualification Statement.
d. Proposals by corporations must be executed in the corporate name by the president or
a vice-president (or other corporate officer accompanied by evidence of authority to
sign) and the corporate seal must be affixed and attested by the secretary or an assistant
secretary. The corporate address and state of incorporation shall be shown below the
signature.
e. Proposals by partnerships or limited liability companies (“LLC”) must be executed in
the partnership or LLC name and signed by a partner, authorized LLC officer, whose
title must appear under the signature and the official address of the partnership or LLC
must be shown below the signature. The state in which the entity was formed and whose
law governs the entity shall be shown below the signature.
f. All names must be typed or printed below the signature.
4. a. Proposer acknowledges that this proposal is solicited and submitted subject to the
requirements of the "Pitkin County Procurement Code," (Ordinance #026-2005, as
amended by Ordinance #03-2007 (copies available on the Pitkin County website at
http://pitkincounty.com/DocumentCenter/Home/View/5314 or upon request for a
nominal charge). As such, the Proposer agrees to comply with all applicable require-
ments of said Procurement Code relating to proposing, contract drafting, contract
administration and ethics. The requirements of the Procurement Code are incorporated
herein by this reference.
b. The Proposer shall immediately notify the County Manager in writing of any violation
of said Code by the County's employees or agents, which violation is known or should
have been known by Proposer, and failure to so notify the County of violations within
five (5) days of knowledge of such violations shall disqualify the Proposer from award
of the Contract being proposed and shall be deemed as a waiver of any action or
defense that the Proposer may have against the County by reason of such violation of
the Procurement Code.
RFP #: 027.2019 Rev. 2017.12.27 btf
Budget Line Item #: 118.75.02212.86230
14
c. The submission of a Proposal shall be conclusive evidence and legal admission that
the Proposer: (1) has no questions, complaints or objections in connection with the
Proposal process and/or documents, subject to any requests made by Proposer for
amplification, clarification, explanation, interpretation or correction pursuant to
Paragraph 2.a. and 2.c., above; (2) has no questions, complaints or objections as to the
completeness, sufficiency, scope or detail of the Proposal Documents; and (3) has full
knowledge of the scope, nature, quality and quantity of work to be performed, the
detailed requirements of the Proposal Documents including any and all contract
documents, the plans and specifications, the site and conditions under which the work
is to be performed, the Pitkin County Procurement Code and applicable Colorado law.
5. a. All Proposals will be opened and read in public by name of Proposer only. No
Proposals may be withdrawn after the beginning of the public opening. The County,
in its sole discretion, may delay a Proposal opening for no longer than two (2) business
days if weather or other circumstances beyond control of Proposers results in delay in
receipt of Proposals. Proposals may be withdrawn at any time prior to the beginning
of the public opening or modified by a document executed and delivered in a form
substantially similar to the Proposal Form prior to opening.
b. All Proposals submitted must be valid for a minimum period of sixty (60) days after
the date of the Proposal opening. During this time, Proposers are investigated, and
Proposals are evaluated.
6. a. Proposals will be awarded to the highest scoring Proposer complying with the terms,
conditions, guidelines, selection criteria, plans and specifications presented in the
Request For Proposals. All rights are reserved by the County to determine, in the
County's sole reasonable discretion, whether the Proposal meets the needs or a
purpose intended and is within the budget.
b. Although price may be a major consideration in the selection of a Proposal, the County
does not award on price alone. The County may also consider the quality of product
as judged by the County; past experience with Proposers, subcontractors, independent
contractors, products or suppliers; qualifications of the Proposers and/or
subcontractors, independent contractors or suppliers; services offered; warranties;
maintenance considerations; long-range costs; delivery; and similar considerations,
all as specified in detail in the RFP.
c. The County reserves the absolute right to conduct such investigations as it deems
necessary to assist in the evaluation of any Proposal and to establish the experience,
responsibility, reliability, references, reputation, business ethics, history,
qualifications and financial ability of the Proposers and proposed subcontractors,
independent contractors and suppliers. The purpose of such investigation is to satisfy
the County that the Proposer has the experience, resources and commercial reputation
necessary to perform the work and support any warranties in accordance with the
Contract Documents in the prescribed manner and time.
d. The County, at its sole discretion, may require the apparent successful Proposer to
demonstrate, at a place and time designated by the County, that the Proposal meets
the performance criteria specified, or to otherwise provide documented proof from
independent reliable sources acceptable to the County that said performance criteria
will be met prior to final acceptance of the Proposal. The burden of proof of such a
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Budget Line Item #: 118.75.02212.86230
15
demonstration is on the Proposer. In the event that the apparent successful Proposer
fails to demonstrate or provide acceptable proof of meeting required performance
criteria, that proposal will be rejected and the next eligible Proposer in the selection
ranking will be invited to participate in the same process until a proposal meeting
performance criteria is found within the ranking of eligible Proposers. The County
reserves the rights to reject any or all Proposals or to otherwise accept the Proposal
which in the County's sole discretion is in the best interest of the County.
e. Pitkin County reserves the right, if it deems such action to be in the best interests of
the County, to reject any and all Proposals or to waive any irregularities or
informalities therein. Any incomplete, conclusory, false or misleading information
provided by Proposer shall be grounds for rejection of the proposal. If proposals are
rejected, the County further reserves the right to investigate and accept the next best
proposal in order of ranking or to reject all proposals and re-solicit for additional pro-
posals.
f. Any questions or disputes involving the documents or procedures not covered by these
Instructions or other Proposal Documents shall be resolved by the Procurement
Officer on the basis of fairness, custom in the industry, maximization of competition
and best interests and convenience of the County.
7. Issuance of Notice of Award, execution of Contract Documents and issuance of a Notice to
Proceed shall be as specified in the Contract Documents.
8. Contracts will be executed on standard Pitkin County Contract documents and/or by separate
agreement with the Proposer. Copies of any applicable standard forms are included with the
Proposal Documents. The County reserves the right to negotiate with the Proposer for
contract terms not specified in the Proposing Documents. Any changes from the Pitkin
County standard form contract may result in a delay in the issuance of a Notice to Proceed
in order to obtain any necessary County Attorney review of changes from the standard form.
Proposer agrees that any such delays shall not be grounds for either additional compensation
or an extension of time to complete the work that is the subject of the Proposal.
9. If the contract awarded as a result of a Proposal extends beyond the calendar year, nothing
herein shall be construed as an obligation by the County beyond any amounts that may be,
from time to time, appropriated by the County on an annual basis. It is understood that
payment under any Contract is conditional upon annual or supplemental statutory
appropriation of funds by said governing body and that before providing services, the
Proposer, if he/she so requests, will be advised as to the status of funds appropriated for
services or materials and shall not be obligated to provide services or materials for which
funds have not been appropriated.
Customer Information
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN LABAR
Email: paul.holsinger@pitkincounty.com
Cell Phone: (847) 757-4077
Home Phone: (970) 592-5237
STE 202
530 E MAIN ST
ASPEN, COLORADO 81611
Location: N/A
100 SOPRIS CREEK ROAD
BASALT, COLORADO 81621
County: EAGLE
Tenant: N/A
Building Site Location:Building Specification For:
Cleary Contact Information
NICHOLAS MONTGOMERY
CLEARY BUILDING CORP.
Phone Number: (970) 874-1066
Phone Number: (800) 373-5550
DELTA, COLORADO 81416
Cell Number: (719) 849-3027
Email: delta@clearybuilding.com
715B HWY 50 NORTH
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 1 of 34
C-500
Building Design Criteria
Building Snow Load Design: 63 psf Roof Snow Load
100’ Mark Verification form # C-030 becomes part of this contract.
Intended Use: Machinery
Building Use: Storage
Occupancy Use: U
Building Code Enforced: IBC 2015
Wind Speed Enforced: 90
Wind Exposure: C
Plans Required: Stamped Plans
Roof Exposure: Partly exposed Every roof which does not fit under Sheltered or Fully exposed.
Soil Bearing: 4 Sand, silty sand, clayey sand, silty gravel, clayey gravel.
Property Elevation: 6000
This building will be attached to an existing building?Yes No
NoYes This building will store hazardous materials or hazardous materials will be used in this building?
This building will have interior walls?Yes No
NoYes This building will have a concrete floor within 3 months of construction?
This building will be heated?Yes No
NoYes This building contains restroom(s)?
How many employees: 0
This building is occupied?Yes
How many patrons: 0
No
Is a building permit or other approval (HOA, Etc.) required for this project? Yes - County
Will a pull off charge be required for this building? Yes - Client Supplied Subcontractor
Building Structure
Foundation
Building Name: Building 1
IRC Private Garage – WxLxH: 24' 0" x 32' 0" x 12' 4"
Width: 24' 0"
Length: 4 Bays at 8' o.c. (Note: See drawing for any custom bay sizes)
Eave Height: 12' 4"
11' 0" Interior (Truss) Clearance from the 100’+0” mark
Roof System: Truss (Standard Lower Chord)
Default Ceiling Design: Designed to Support a Liner Panel Ceiling
Roof Pitch: 4/12
Additional Accessories
Purlin Blocking: Both Endwalls are purlin blocked
Roofline Wind Bracing
Purlins: 2"x4" Continuous 1' 4" inch on center
Upgrade to 2x6 Corner Bracing
This contract has not been reviewed for energy code compliance. Conformance to the International Energy Conservation
Code (IECC) may necessitate additional costs not included in this contract.
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 2 of 34
C-500
Concrete Floor: Yes - Supplied by Cleary (Concrete not included unless otherwise noted in writing in the Additional Building
Components section)
Type: In Ground
Roof
Accessories
Roof: Grand Rib 3 Plus
Exterior Finishes
Standard Ridge Cap.
Marco LP2 Weather-Tite Ridge Vent “Low Profile” (Add ventilation to ridge).
Ridge Cap
Roof
Ventilation
Elevations for Building 1
Condensation Control for Building 1: 2" condensation blanket white vinyl faced
Ceiling for Building 1
Ceiling Insulation: No Fiberglass Batt Insulation Included
Ceiling Hatch: Cleary ceiling hatch (Owner Locate with Foreman on Job Site)
Ceiling Nailers: 4' 0" OC Spacing
CeilingType: Liner Panel
Ceiling Perimeter with Cavity Closure Trim (use when no wall insulation is included)
A total of 0 cut outs are included in this total project (for electrical/plumbing, etc) in the interior finishes, any additional
cut outs will be an extra charge.
Roof Finish and Accessories for Building 1
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 3 of 34
C-500
Siding: Grand Rib 3 Plus
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
North Side Wall 1 on Building 1
Exterior Finishes
Wainscot: None
Side Wall 1 on Building 1
Treated Plank Filler Strips: None
Overhang: None
Side Wall 1 on Building 1
Ventilation
Side Wall 1 on Building 1
Accessories
Walk Door(s):
Tyvek: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 4 of 34
C-500
Plyco Series 20 Blocked 3'-0"x6'-8"
Anchor: ANCHOR KIT (WOOD)
Distance from left edge of wall to left edge: 20' 3 7/8"
Distance from 100’+0" mark to bottom of door plus: 4"
Closer: No Closer
Embossment: No Embossment
Dead Bolt: DEADBOLT EZ-KEY/LATCH STAINLESS STEEL GRADE 2
Door Chain: No Chain
Kick Plate: No Kick Plate
Jamb: 3 1/2" Insulated Jamb
Latch Guard: No Latch Guard
Hinge: 4" 304 STAINLESS STEEL FIXED PIN
Frame: 2x6
Lockset: EZ-KNOB/KNOB ORBIT ENTRY GRADE 2 (STAINLESS STEEL)
Panic Hardware: No Panic Hardware
Window: None
Skin: Blank
Swing: Right Hand Swing In Single Door
Latch: None
Keyed Alike. Group 1
Condensation Control: 2" condensation blanket white vinyl faced
Side Wall 1 on Building 1
Interior Finishes / Insulation
Insulation: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 5 of 34
C-500
Siding: Grand Rib 3 Plus
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
South Side Wall 2 on Building 1
Exterior Finishes
Wainscot: None
Side Wall 2 on Building 1
Treated Plank Filler Strips: None
Overhang: None
Side Wall 2 on Building 1
Ventilation
Side Wall 2 on Building 1
Accessories
Walk Door(s):
Tyvek: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 6 of 34
C-500
Plyco CTB510 Horizontal Nailing Fin 4'-0"x3'-0"
Altitude: Hi-Altitude
Distance from left edge of wall to left edge: 3' 9 3/4"
Distance from 100’+0" mark to top of window plus: 86"
Frame Out: 2x6
Glass: Insulated Double Pane
Frame: Nail Fin Only
Frosted: N/A
Screen: Screen
Low E: N/A
Shutter: None
Interior Frame: N/A
Grid: N/A
Tempered: N/A
Tint: N/A
Slide: Horizontal (Single Slider)
Window(s):
Plyco Series 20 Blocked 3'-0"x6'-8"
Anchor: ANCHOR KIT (WOOD)
Distance from left edge of wall to left edge: 12' 3 7/8"
Distance from 100’+0" mark to bottom of door plus: 4"
Closer: No Closer
Embossment: No Embossment
Dead Bolt: DEADBOLT EZ-KEY/LATCH STAINLESS STEEL GRADE 2
Door Chain: No Chain
Kick Plate: No Kick Plate
Jamb: 3 1/2" Insulated Jamb
Latch Guard: No Latch Guard
Hinge: 4" 304 STAINLESS STEEL FIXED PIN
Frame: 2x6
Lockset: EZ-KNOB/KNOB ORBIT ENTRY GRADE 2 (STAINLESS STEEL)
Panic Hardware: No Panic Hardware
Window: None
Skin: Blank
Swing: Left Hand Swing In Single Door
Latch: None
Keyed Alike. Group 1
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 7 of 34
C-500
Plyco CTB510 Horizontal Nailing Fin 4'-0"x3'-0"
Altitude: Hi-Altitude
Distance from left edge of wall to left edge: 19' 9 3/4"
Distance from 100’+0" mark to top of window plus: 86"
Frame Out: 2x6
Glass: Insulated Double Pane
Frame: Nail Fin Only
Frosted: N/A
Screen: Screen
Low E: N/A
Shutter: None
Interior Frame: N/A
Grid: N/A
Tempered: N/A
Tint: N/A
Slide: Horizontal (Single Slider)
Condensation Control: 2" condensation blanket white vinyl faced
Side Wall 2 on Building 1
Interior Finishes / Insulation
Insulation: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 8 of 34
C-500
Treated Plank Filler Strips: None
End Wall 1 on Building 1
Wainscot: None
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
West End Wall 1 on Building 1
Siding: Grand Rib 3 Plus
Exterior Finishes
Gable Filler Strips: Gable filler strips not included.
Ventilation
End Wall 1 on Building 1
Overhang: 12" Aluminum soffit (Endwall) with vented soffit
End Wall 1 on Building 1
Accessories
Overhead Frame Out(s):
Tyvek: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 9 of 34
C-500
Plyco CTB510 Horizontal Nailing Fin 4'-0"x3'-0"
Altitude: Hi-Altitude
Distance from left edge of wall to left edge: 0' 11"
Distance from 100’+0" mark to top of window plus: 86"
Frame Out: 2x6
Glass: Insulated Double Pane
Frame: Nail Fin Only
Frosted: N/A
Screen: Screen
Low E: N/A
Shutter: None
Interior Frame: N/A
Grid: N/A
Tempered: N/A
Tint: N/A
Slide: Horizontal (Single Slider)
Window(s):
12' 0" Width x 8' 0" Height
Headroom Available: 2' 7"
Additional Header material required: Overhead Frame Out with 13" to 20” of Required Headroom without Liner
Distance from left edge of wall to left edge: 6' 0 1/4"
Distance from 100’+0" mark to bottom of the overhead frame out plus: 4"
OVERHEAD DOOR NOT INCLUDED UNLESS OTHERWISE NOTED IN WRITING IN THE ADDITIONAL BUILDING
COMPONENTS SECTION.
Condensation Control: 2" condensation blanket white vinyl faced
End Wall 1 on Building 1
Interior Finishes / Insulation
Insulation: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 10 of 34
C-500
Treated Plank Filler Strips: None
End Wall 2 on Building 1
Wainscot: None
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
East End Wall 2 on Building 1
Siding: Grand Rib 3 Plus
Exterior Finishes
Gable Filler Strips: Gable filler strips not included.
Ventilation
End Wall 2 on Building 1
Overhang: 12" Aluminum soffit (Endwall) with vented soffit
End Wall 2 on Building 1
Accessories
Walk Door(s):
Tyvek: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 11 of 34
C-500
Plyco CTB510 Horizontal Nailing Fin 4'-0"x3'-0"
Altitude: Hi-Altitude
Distance from left edge of wall to left edge: 10' 0"
Distance from 100’+0" mark to top of window plus: 86"
Frame Out: 2x6
Glass: Insulated Double Pane
Frame: Nail Fin Only
Frosted: N/A
Screen: Screen
Low E: N/A
Shutter: None
Interior Frame: N/A
Grid: N/A
Tempered: N/A
Tint: N/A
Slide: Horizontal (Single Slider)
Window(s):
Plyco Series 20 Blocked 3'-0"x6'-8"
Anchor: ANCHOR KIT (WOOD)
Distance from left edge of wall to left edge: 0' 6"
Distance from 100’+0" mark to bottom of door plus: 4"
Closer: No Closer
Embossment: No Embossment
Dead Bolt: DEADBOLT EZ-KEY/LATCH STAINLESS STEEL GRADE 2
Door Chain: No Chain
Kick Plate: No Kick Plate
Jamb: 3 1/2" Insulated Jamb
Latch Guard: No Latch Guard
Hinge: 4" 304 STAINLESS STEEL FIXED PIN
Frame: 2x6
Lockset: EZ-KNOB/KNOB ORBIT ENTRY GRADE 2 (STAINLESS STEEL)
Panic Hardware: No Panic Hardware
Window: None
Skin: Blank
Swing: Left Hand Swing In Single Door
Latch: None
Keyed Alike. Group 1
Condensation Control: 2" condensation blanket white vinyl faced
End Wall 2 on Building 1
Interior Finishes / Insulation
Insulation: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 12 of 34
C-500
Floor Plan
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 13 of 34
C-500
Manually Priced Items for Building 1
Code Name Quantity Unit
518.6 Performance Bond Fees 1 $15 per
$1000
contract
Square Foot (SF) and Lineal Foot (LF) are approximate and may be adjusted based upon final building specifications.
Custom Bays for: Building 3 (Lean)
Bay 01: 8' 0"
Bay 02: 8' 0"
Bay 03: 8' 0"
Bay 04: 7' 0"
Building Structure
Concrete Floor: No
Type: In Ground
Foundation
Building Name: Building 3 (Lean) is connected to Building 1, 0' 0" from left edge of Side Wall 2 on Building 1
Lean – WxLxH: 12' 0" x 32' 0" x 10' 2"
Width: 12' 0"
Length: 4 Bays at 8' o.c. (Note: See drawing for any custom bay sizes)
Eave Height: 10' 2"
9' 0" Interior (Truss) Clearance from the 100’+0” mark
Roof System: Rafter
Default Ceiling Design: Not Designed to Support a Ceiling
Roof Pitch: 2/12
Additional Accessories
Purlin Blocking: Both Endwalls are purlin blocked
Purlins: 2"x4" Continuous 1' 4" inch on center
Upgrade to 2x6 Corner Bracing
Roof
Accessories
Roof: Grand Rib 3 Plus
Exterior Finishes
Standard Ridge Cap: Not vented
Ridge Cap
Roof
Ventilation
Condensation Control for Building 3 (Lean) : None
Roof Finish and Accessories for Building 3 (Lean)
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 14 of 34
C-500
Siding: Grand Rib 3 Plus
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
South Side Wall 2 on Building 3 (Lean)
Exterior Finishes
Wainscot: None
Side Wall 2 on Building 3 (Lean)
Eave Filler Strips: None
Treated Plank Filler Strips: None
Bird Screening for the interior to prevent birds from nesting in overhang.
Overhang: 12" Aluminum soffit (Sidewall) with vented soffit
Side Wall 2 on Building 3 (Lean)
Ventilation
Side Wall 2 on Building 3 (Lean)
Accessories
Open Wall Bay(s):
Open Wall Bay - All Bays - From 0' 0" to 32' 0" - J-Trim Included
Clearance Height: 9' 0 1/2"
Condensation Control: None
Side Wall 2 on Building 3 (Lean)
Interior Finishes / Insulation
Insulation: None
Tyvek: None
Elevations for Building 3 (Lean)
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 15 of 34
C-500
Treated Plank Filler Strips: None
End Wall 1 on Building 3 (Lean)
Wainscot: None
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
West End Wall 1 on Building 3 (Lean)
Siding: Grand Rib 3 Plus
Exterior Finishes
Gable Filler Strips: Gable filler strips not included.
Open Endwall: Steel to the bottom of the truss, columns, girts, and treated plank are removed.
Ventilation
End Wall 1 on Building 3 (Lean)
Overhang: 12" Aluminum soffit (Endwall) with vented soffit
Tyvek: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 16 of 34
C-500
End Wall 1 on Building 3 (Lean)
Accessories
None
Condensation Control: None
End Wall 1 on Building 3 (Lean)
Interior Finishes / Insulation
Insulation: None
End Wall 2 on Building 3 (Lean)
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
East End Wall 2 on Building 3 (Lean)
Siding: Grand Rib 3 Plus
Exterior Finishes
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 17 of 34
C-500
Treated Plank Filler Strips: None
Wainscot: None
Gable Filler Strips: Gable filler strips not included.
Open Endwall: Steel to the bottom of the truss, columns, girts, and treated plank are removed.
Ventilation
End Wall 2 on Building 3 (Lean)
Overhang: 12" Aluminum soffit (Endwall) with vented soffit
End Wall 2 on Building 3 (Lean)
Accessories
None
Condensation Control: None
End Wall 2 on Building 3 (Lean)
Interior Finishes / Insulation
Insulation: None
Tyvek: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 18 of 34
C-500
Floor Plan
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 19 of 34
C-500
Custom Bays for: Building 2 (Lean)
Bay 01: 8' 0"
Bay 02: 8' 0"
Bay 03: 8' 0"
Bay 04: 7' 0"
Building Structure
Concrete Floor: No
Type: In Ground
Foundation
Building Name: Building 2 (Lean) is connected to Building 1, 0' 0" from left edge of Side Wall 1 on Building 1
Lean – WxLxH: 12' 0" x 32' 0" x 10' 2"
Width: 12' 0"
Length: 4 Bays at 8' o.c. (Note: See drawing for any custom bay sizes)
Eave Height: 10' 2"
9' 0" Interior (Truss) Clearance from the 100’+0” mark
Roof System: Rafter
Default Ceiling Design: Not Designed to Support a Ceiling
Roof Pitch: 2/12
Additional Accessories
Purlin Blocking: Both Endwalls are purlin blocked
Purlins: 2"x4" Continuous 1' 4" inch on center
Upgrade to 2x6 Corner Bracing
Roof
Accessories
Roof: Grand Rib 3 Plus
Exterior Finishes
Standard Ridge Cap: Not vented
Ridge Cap
Roof
Ventilation
Elevations for Building 2 (Lean)
Condensation Control for Building 2 (Lean) : None
Roof Finish and Accessories for Building 2 (Lean)
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 20 of 34
C-500
Siding: Grand Rib 3 Plus
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
North Side Wall 2 on Building 2 (Lean)
Exterior Finishes
Wainscot: None
Side Wall 2 on Building 2 (Lean)
Eave Filler Strips: None
Treated Plank Filler Strips: None
Bird Screening for the interior to prevent birds from nesting in overhang.
Overhang: 12" Aluminum soffit (Sidewall) with vented soffit
Side Wall 2 on Building 2 (Lean)
Ventilation
Side Wall 2 on Building 2 (Lean)
Accessories
None
Condensation Control: None
Side Wall 2 on Building 2 (Lean)
Interior Finishes / Insulation
Insulation: None
Tyvek: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 21 of 34
C-500
Treated Plank Filler Strips: None
End Wall 1 on Building 2 (Lean)
Wainscot: None
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
East End Wall 1 on Building 2 (Lean)
Siding: Grand Rib 3 Plus
Exterior Finishes
Gable Filler Strips: Gable filler strips not included.
Ventilation
End Wall 1 on Building 2 (Lean)
Overhang: 12" Aluminum soffit (Endwall) with vented soffit
Accessories
Tyvek: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 22 of 34
C-500
End Wall 1 on Building 2 (Lean)
None
Condensation Control: None
End Wall 1 on Building 2 (Lean)
Interior Finishes / Insulation
Insulation: None
End Wall 2 on Building 2 (Lean)
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
West End Wall 2 on Building 2 (Lean)
Siding: Grand Rib 3 Plus
Exterior Finishes
Tyvek: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 23 of 34
C-500
Treated Plank Filler Strips: None
Wainscot: None
Gable Filler Strips: Gable filler strips not included.
Open Endwall: Steel to the bottom of the truss, columns, girts, and treated plank are removed.
Ventilation
End Wall 2 on Building 2 (Lean)
Overhang: 12" Aluminum soffit (Endwall) with vented soffit
End Wall 2 on Building 2 (Lean)
Accessories
None
Condensation Control: None
End Wall 2 on Building 2 (Lean)
Interior Finishes / Insulation
Insulation: None
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 24 of 34
C-500
Floor Plan
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 25 of 34
C-500
Aerial View
Note: These colors are as close to the actual colors as permitted by printing. Actual metal samples must be reviewed with your Sales
Specialist. Colors vary depending upon position and angles.
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 26 of 34
C-500
Project Colors
Siding
Grand Rib 3 Plus: Ash Gray
Corner Trim: Snow
Bottom Trim: Snow
Roof
Grand Rib 3 Plus: Ash Gray
Trim
Gable: Snow
Eave/Fascia: Snow
Ridge Cap: Snow
Trim Color Unless Otherwise Specified: Snow
Ceiling
Liner Panel: Snow (Building 1)
Building
Overhangs
Soffit: Snow
WallToSoffitTrim: Ash Gray
CeilingEnclosureTrim: Snow
Overhangs
Overhead Frameout
J-Trim: Snow
Overhead Frameouts
Walk Doors
Series 20 Blocked 3068: Snow
Trim
J-Trim: Snow
Walk Doors
Windows
Plyco CTB 500 Series: Snow
Trim for Window Frame Outs or Non-Step Saver windows only
J-Trim: Snow
Windows
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 27 of 34
C-500
Roof Pitch:
Roof Peak Height:
"A" = Actual Eave Height:
"B" = Truss clearance at heel and center:
(Truss clearance = 1'-0" less than nominal eave height, in most cases.
If nested purlins are used, truss clearance will be increased by 4".)
4/12
16' 4"
12' 4"
11' 0"
11' 0""C" = Truss clearance at connection:
Roof Pitch:
Roof Peak Height:
"A" = Actual Eave Height:
"B" = Truss clearance at heel:
(Truss clearance = 1'-0" less than nominal eave height, in most cases.
If nested purlins are used, truss clearance will be increased by 4".)
2/12
12' 2"
10' 2"
9' 0"
11' 0""C" = Truss clearance at connection:
Roof Pitch:
Roof Peak Height:
"A" = Actual Eave Height:
"B" = Truss clearance at heel:
(Truss clearance = 1'-0" less than nominal eave height, in most cases.
If nested purlins are used, truss clearance will be increased by 4".)
2/12
12' 2"
10' 2"
9' 0"
Truss Type
Note: Clearance may be reduced by finished floor height.
Overhead Frameout & Headroom
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 28 of 34
C-500
"D" = Bottom elevation (B.E.) of overhead door:0' 4"
The bottom of all overhead doors (top of finished floor) are
recommended to be placed at 4" above the 100'-0" mark (100'-4"). In
building without paved floors, B.E. of doors may be lower - e.g. 100'-
0".
8' 0""E" = Height of overhead door:
2' 7""F" = Available headroom:
Overhead door height = the height of the overhead door being placed
in this building.
Available headroom = the space available for overhead door tracks
and openers. If a ceiling is installed, headroom will be reduced by
about 1". Door headroom requirements must be confirmed with the
door supplier.
Headroom calculation formula:
("B") - ("D") - ("E") = ("F")
(Truss Clearance) - (B.E. of overhead door) - (Overhead door height) =
(Available headroom)
Example:
(10'-0") - (4") - (8'-0") = (1'-8" of available headroom)
TERMS OF PAYMENT: (1) If Contract Amount is $35,000.00 or less, the terms of payment shall be as provided in the payment
terms section above. (2) If Contract Amount is over $35,000.00, the terms of payment shall be pursuant to the Bank Reference
Form which is made a part of this Contract.
If the Purchaser fails to make a payment when due, Purchaser agrees to pay Cleary, upon demand, a delinquency charge equal
to the lesser of three-quarter percent (.75%), or the highest rate allowed by law, of the delinquent amount per fifteen (15) days,
from the date the delinquent amount is due, until the date it is paid.
Payment Terms
Amount Type Percent Description
$13,930 Down Payment 20%Upon the signing of the contract with CLEARY BUILDING CORP.
$27,860 Delivery Payment 40%Payment due upon first load of building materials. In the event that
multiple loads of materials are required, due to the size of the building, the
remaining materials will be shipped to the site as needed while the building
is under construction
$20,895 Truss Payment 30%When all trusses are installed on the building. In the event that there is
more than one building on a contract, the truss in place payment is due
upon installing the trusses in one of the buildings.
$6,966 Final Payment 10%Paid upon Completion and such payment to be delivered to the crew
foreman of CLEARY BUILDING CORP.
$69,651 Total Amount 100%
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 29 of 34
C-500
Notes
Pitkin county contract will be applied to this contract
Temporary Services:
Responsibilities
Purchaser will provide electric power during construction.
Seller to pile scrap and remove from site.
Seller will provide sanitary facilities.
Additional Building Components
Overhead Doors
1- 12'x8' insulated garage door with electric operator
Concrete Floor
24'x32' concrete slab to be 4" thick with rebar on 24" grid
12'x32' concrete slab under porch to be 4" thick with rebar 24" grid
2 trench drains to be 20' long with steel grate cover
pump
site to be +/- 2" of level
IMPORTANT: LIEN NOTICE
**********
(Notice Required by Illinois Law – Illinois Only)
THE LAW REQUIRES THAT THE CONTRACTOR SHALL SUBMIT A SWORN STATEMENT OF PERSONS FURNISHING MATERIALS
AND LABOR BEFORE ANY PAYMENTS ARE REQUIRED TO BE MADE TO THE CONTRACTOR.
License No. 104.002640
**********
(Notice Required by Kansas Law – Kansas Only)
NOTICE TO OWNER: ________________________________________ IS A SUPPLIER OR SUBCONTRACTOR PROVIDING MATERIALS OR
LABOR ON JOB NO. ____________ UNDER AN AGREEMENT WITH ________________________________________ . KANSAS LAW WILL
ALLOW THIS SUPPLIER OR SUBCONTRACTOR TO FILE A LIEN AGAINST YOUR PROPERTY FOR MATERIALS OR LABOR NOT PAID
BY YOUR CONTRACTOR UNLESS YOU HAVE A WAIVER OF LIEN SIGNED BY THIS SUPPLIER OR SUBCONTRACTOR. IF YOU
RECEIVE A NOTICE OF FILING OF A LIEN STATEMENT BY THIS SUPPLIER OR SUBCONTRACTOR, YOU MAY WITHHOLD FROM
YOUR CONTRACTOR THE AMOUNT CLAIMED UNTIL THE DISPUTE IS SETTLED.
**********
(Notice Required by Minnesota Law – Minnesota Only)
PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE IMPROVEMENT OF REAL PROPERTY MAY ENFORCE A
LIEN UPON THE IMPROVED LAND IF THEY ARE NOT PAID FOR THEIR CONTRIBUTIONS, EVEN IF SUCH PARTIES HAVE NO
DIRECT CONTRACTUAL RELATIONSHIP WITH THE OWNER. MINNESOTA LAW PERMITS THE OWNER TO WITHHOLD FROM HIS
CONTRACTOR SO MUCH OF THE CONTRACT PRICE AS MAY BE NECESSARY TO MEET THE DEMANDS OF ALL OTHER LIEN
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 30 of 34
C-500
**********
License numbers by state: VA #2705 123094A, MI #2102150963, MN #20076522, IL #104.002640, AZ # ROC212050 Limit
$250,000, NM #86107 Limit $1,000,000, NV #0042464 Limit $2,000,000, OR # CCB 115247, WA # CLEARBC044NE, PA120833,
WV # WV034562
**********
(Notice Required by Wisconsin Law – Wisconsin Only)
AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, CLAIMANT (CLEARY BUILDING CORP) HEREBY NOTIFIES
OWNER THAT PERSONS OR COMPANIES PERFORMING, FURNISHING, OR PROCURING LABOR, SERVICES, MATERIALS, PLANS,
OR SPECIFICATIONS FOR THE CONSTRUCTION ON OWNER’S LAND MAY HAVE LIEN RIGHTS ON OWNER’S LAND AND
BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED CLAIMANT ARE THOSE WHO
CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER THEY FIRST
PERFORM, FURNISH, OR PROCURE LABOR, SERVICES, MATERIALS, PLANS OR SPECIFICATIONS FOR THE CONSTRUCTION.
ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO PERFORM, FURNISH, OR PROCURE LABOR,
SERVICES, MATERIALS, PLANS, OR SPECIFICATIONS FOR THE CONSTRUCTION AND SHOULD GIVE A COPY OF EACH NOTICE
RECEIVED TO THE MORTGAGE LENDER, IF ANY. CLAIMANT AGREES TO COOPERATE WITH THE OWNER AND THE OWNER’S
LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID.
Client received the Wisconsin’s Framework for Successful Communications between Consumers and Contractors brochure (SBD
-10845)
**********
(Notice Required by Missouri Law – Missouri Only)
FAILURE OF THE CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT
CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT
PURSUANT TO CHAPTER 429, RSMo. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM
ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE
LIENWAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.
CLAIMANTS, PAY DIRECTLY SUCH LIENS AND DEDUCT THE COST THEREOF FROM THE CONTRACT PRICE, OR WITHHOLD
AMOUNTS FROM HIS CONTRACTOR UNTIL THE EXPIRATION OF 90 DAYS FROM THE COMPLETION OF SUCH IMPROVEMENT
UNLESS THE CONTRACTOR FURNISHES TO THE OWNER WAIVERS OF CLAIMS FOR MECHANIC’S LIENS SIGNED BY PERSONS
WHO FURNISHED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO PROVIDED THE OWNER WITH TIMELY
NOTICE.
1. This contract may be assigned by Seller to Cleary Building Corp. Upon such assignment all references to obligations and
rights of “Seller” in this contract shall apply to Cleary Building Corp. and all checks or drafts for the Contract Amount MUST BE
PAYABLE TO CLEARY BUILDING CORP.
2. Purchaser represents and warrants that Purchaser is fee owner of the Construction Site; or land contract vendee or purchaser
under contract of sale; or lessee of the Construction Site and that the fee owner has consented to the construction
contemplated by this Agreement. If Purchaser is not fee owner of the construction site then Form C1097 (Consent to
construction if owner is other than Purchaser) must be signed by the fee owner and becomes part of the contract.
3. At Seller’s option this contract shall be subject to price increase if construction is commenced after the Tentative Date to
Start Erection or more than ninety (90) days after date of this contract. Purchaser will receive written notification of such
increase before material is delivered and agrees to pay the increased amount upon completion of construction.
4. Purchaser shall provide access to construction site for delivery of materials and construction of this contract by Seller. Seller
shall not be responsible for damage to property of Purchaser if incurred while Seller accesses site. All labor standards are based
upon building materials being placed within 75 feet of building pad. Access must be provided for unloading materials to the
Terms and Conditions
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 31 of 34
C-500
building material placement area, which must be within 75 feet of the building pad. If greater than 75 feet, additional charges
will be applied.
5. Contract Amount is based on level/workable construction site. If snow removal is required, it is the Purchasers responsibility.
If extra materials and/or labor are required because of a sloping construction site or snow removal, Purchaser will pay for the
same upon request of Seller. The price of such materials will be Seller’s usual and customary price. If because of buried objects
(concrete, rocks, etc.), or other unforeseen circumstances beyond Seller's control, or an inordinate amount of water, or because
extra hole depth is required beyond 5 feet 6 inches, Seller is unable to proceed with normal digging procedures, then the extra
expense resulting from such condition(s) will be the obligation of the Purchaser and shall be paid to Seller upon request. Seller
shall not be responsible for any damage to buildings occasioned by soil conditions including water table conditions, nor for
the inability of the building site to bear the weight of the building.
6. Purchaser shall hold Seller harmless from any and all claims and expenses incurred in defending against claims arising from
digging into or through any unmarked, private or non-public underground utilities. It is the Purchaser’s responsibility to mark
all such utilities prior to the commencement of digging.
7. Any alterations or changes from the above Specifications involving extra costs will be effective only upon written change
orders signed by Purchaser and accepted in writing by Seller and will be an extra charge in addition to the Contract Amount.
Seller shall not be in default of this contract or be liable to Purchaser for any damages that Purchaser may incur as a result of
delay(s) in Seller’s performance of this contract which delay(s) are occasioned by strikes, riots, insurrection, acts of God,
unavailability or late delivery of materials or other delays beyond Seller’s control or any other cause which Seller could not
have reasonably foreseen or avoided. It is understood that this Agreement and any documents which are attached hereto or
referenced herein constitute the entire agreement between the parties and all other agreements, representation, promises,
inducements, statements and understandings, prior to and contemporaneous with this Agreement, written or oral, are
superseded by this Agreement. If a change is made at the direction of the Purchaser that benefits the Purchaser and would
have increased the Contract Price to the Purchaser through a change order as required, but no change order was executed in
advance, Purchaser agrees to pay Seller a reasonable and customary amount for such benefit.
8. Purchaser shall timely obtain at Purchaser’s cost all necessary and required permits and licenses for the construction
contemplated by this Agreement.
9. Seller provides builder’s risk insurance coverage on the building until construction is completed and Seller accordingly will
repair or reconstruct any damage to or loss of the building resulting from insured perils during construction. For purposes of
this paragraph only, ownership of the building passes to the Purchaser upon completion. Each party hereto waives any rights
of subrogation their respective insurers might have as against the other party to the extent permissible and only if such waiver
does not adversely affect insurance coverage. If damage occurs while on a purchaser initiated pull off of Cleary personnel or a
Cleary Subcontractor, builder’s risk insurance will not be in effect during that pull off.
10. Any and all materials delivered to the Construction Site but not used in actual construction remain the property of the
Seller with the exception of such material deemed by Seller as scrap.
11. Any use of the building by Purchaser represents acceptance and approval by Purchaser.
12. The obligations of Seller are subject to availability of materials from Cleary Building Corp., Verona, Wisconsin. This contract
and similar work hereunder are predicated on non-union labor. In the event of the unavailability to Seller of qualified non-
union labor to construct the building contemplated by this Agreement, the Contract Amount shall be increased to the extent
the union labor costs exceed the non-union labor costs anticipated by Seller.
13. It shall be the responsibility of the Purchaser to determine the location of the building to be constructed pursuant to this
Agreement and Purchaser shall be responsible to determine that the location of the building is in compliance with the
applicable setback requirements.
14. Purchaser understands that if Purchaser desires to have plywood (OSB) sheathing on the building, that the roof must be
covered by shingles and/or the side wall covered with siding. This material will be installed by a contractor selected by
Purchaser and Seller’s only responsibility regarding the sides and/or roof will be to install the plywood (OSB) sheathing.
Purchaser acknowledges that Seller is not responsible for any warping, shrinking, separation or any other damages to the
plywood (OSB) sheathing which results from not having the plywood (OSB) sheathing protected from rain and other damaging
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 32 of 34
C-500
weather conditions.
15. Inadequate attic ventilation can, under certain conditions, result in excess moisture to collect in the attic space. This
moisture may result in a reduction in R-value of attic insulation, premature rusting and deterioration of roofing and water
staining or rotting of wood members located in the attic space. The Cleary representative has explained the necessity of proper
attic ventilation, and has presented his recommendations along with associated cost, to include this ventilation as part of the
Cleary contract. Proper attic ventilation includes overhangs on both side walls and at the building ridge. If the purchaser of this
building has chosen not to include attic ventilation, as proposed, as part of the Cleary contract, they will hereby release Cleary
Building Corp. from any and all liability associated with any damage or loss of performance resulting from moisture and/or
heat accumulation in the attic space.
16. Any storage of materials or equipment hanging from or in the attic area of the truss/roof structure will reduce the design
snow load rating of the truss/roof structure. If this new structure is 2’ or more higher than the existing building at an
attachment, the existing building may require additional structure to accommodate the drift load.
17. Snow can infiltrate the building under certain conditions. The Cleary representative has explained the necessity of sealing
the building properly and has presented his/her recommendations along with associated cost, to include the winter seal
package as part of the Cleary contract. The proper winter seal package includes filler strips at all locations, solid soffit at end
overhangs, & snow stop at eave overhangs. If the purchaser of this building has chosen not to include the winter seal package,
as proposed, as part of the Cleary contract, they will hereby release Cleary Building Corp. from any and all liability associated
with any damage.
18. PURCHASER DOES HEREBY RELEASE FROM LIABILITY AND GRANT TO CLEARY BUILDING CORP AND/OR FABRAL AND ITS
REPRESENTATIVES, THE RIGHT TO USE AND REPRODUCE ANY VIDEO, AUDIO OR PHOTOGRAPHIC IMAGES TAKEN OF MY
PROPERTY OR ME OR MY FAMILY OR RELATIVES FOR ADVERTISING AND/OR PROMOTIONAL PURPOSES. BECAUSE THE AUDIO
AND/OR IMAGES ARE NOT TO BE SOLD FOR PROFIT, BUT WILL BE USED TO PROMOTE THE SALE OF CLEARY BUILDING CORP.
AND/OR FABRAL PRODUCTS, I UNDERSTAND THAT I AM NOT ENTITLED TO ANY COMPENSATION OR ROYALTIES.
19. IF PURCHASER MAKES ALL PAYMENTS WHEN DUE, SELLER AND THE MANUFACTURER OF CERTAIN OF THE MATERIAL
BEING SUPPLIED BY SELLER WILL PROVIDE PURCHASER WITH SPECIFIC WARRANTIES. SELLER MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
GOODS COVERED BY THIS CONTRACT. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM ANY ALLEGED OR ACTUAL DEFECTS IN ANY GOODS SUPPLIED PURSUANT TO THIS CONTRACT OR
FROM ANY ALLEGED OR ACTUAL FAILURE OF PERFORMANCE OR NEGLIGENCE OF SELLER.
20. PURCHASER UNDERSTANDS AND ACKNOWLEDGES THAT NEITHER REPRESENTATIVE NOR CLEARY BUILDING CORP. IS A
GENERAL CONTRACTOR AND NEITHER THE REPRESENTATIVE NOR CLEARY BUILDING CORP. IS RESPONSIBLE FOR ANYTHING
OTHER THAN THE CONSTRUCTION OF THE BUILDING AND THAT PURCHASER OR OTHERS THAT PURCHASER HIRES ARE
RESPONSIBLE FOR ALL OTHER FACETS OF THE CONSTRUCTION. PURCHASER ALSO ACKNOWLEDGES THAT PURCHASER
ACCEPTS RESPONSIBILITY FOR DETERMINING THAT THE PURCHASER’S USE OF THE BUILDING IS CONSISTENT WITH THE
APPLICABLE ZONING.
21. UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PURCHASER AND SELLER WAIVE THE RIGHT TO TRIAL BY JURY
IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING OUT OF OR IN ANY WAY RELATING TO THIS CONTRACT
OR THE ACTIONS OF PURCHASER, SELLER OR ASSIGNEE OF SELLER REGARDLESS OF WHETHER SUCH CLAIM OR
COUNTERCLAIM IS BASED ON CONTRACT, TORT OR ANOTHER THEORY OF LAW OR EQUITY AND AGREE AND CONSENT THAT
ANY SUCH ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM SHALL BE DECIDED BY TRIAL TO THE COURT WITHOUT A JURY.
PURCHASER ACKNOWLEDGES AND UNDERSTANDS THAT THIS WAIVER AND CONSENT CONSTITUTES A MATERIAL
INDUCEMENT TO SELLER TO ENTER INTO THE TRANSACTION WITH THE PURCHASER.
22. INDOOR RELATIVE HUMIDITY IN COLD CLIMATES SHOULD BE LESS THAN 40% TO AVOID MOISTURE CONDENSATION
PROBLEMS. BUILDINGS WHICH SUSTAIN WINTER INTERIOR HUMIDITY LEVELS GREATER THAN 40% SHOULD BE PROPERLY
VENTILATED BY MECHANICAL MEANS TO AVOID CONDENSATION, WATER DRIPPING FROM WALLS AND CEILINGS, AND LONG
TERM INSULATION AND STRUCTURAL DAMAGE INCLUDING REDUCTION IN R-VALUES OF INSULATION, WATER STAINING,
ROTTING OF WOOD MEMBERS OR ANIMAL HEALTH ISSUES. WHERE SUSTAINED WINTER TEMPERATURES ARE LESS THAN 20
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 33 of 34
C-500
DEGREES (F) THE INTERIOR RELATIVE HUMIDITY LEVEL MAINTAINED SHOULD BE REDUCED ACCORDINGLY. ADDITIONAL
INFORMATION REGARDING RECOMMENDED HUMIDITY LEVELS IS AVAILABLE UPON REQUEST. THE CLEARY REPRESENTATIVE
HAS EXPLAINED THE NECESSITY OF PROPER VENTILATION IN HIGH HUMIDITY ENVIRONMENTS, AND IF APPLICABLE HAS
PRESENTED HIS RECOMMENDATIONS ALONG WITH ASSOCIATED COST, TO INCLUDE THIS VENTILATION AS PART OF THE
CLEARY CONTRACT. IF THE PURCHASER OF THIS BUILDING HAS CHOSEN NOT TO PROVIDE MECHANICAL VENTILATION AS
PART OF THE CLEARY CONTRACT, THEY WILL HEREBY RELEASE CLEARY BUILDING CORP. FROM ANY AND ALL LIABILITY
ASSOCIATED WITH ANY DAMAGE OR LOSS OF PERFORMANCE RESULTING FROM CONDENSATION OR MOISTURE
ACCUMULATION IN THE BUILDING.
This contract is signed and dated April 19, 2019.
Tentative Date to Start Erection: August
CONSENT TO CONSTRUCTION IF OWNER IS OTHER THAN PURCHASER Form #C1097 becomes part of this contract (only if
signed by Purchaser & Fee Owner)
This agreement becomes a binding contract upon acceptance signature by both parties below. In the event of a default by
Purchaser, Purchaser shall be responsible and pay Seller upon demand all of the costs incurred by Seller in collecting the sums
due hereunder, including attorney’s fees and disbursements. In the event Purchaser does not complete the transaction, it is
acknowledged that Purchaser shall be liable for breach of contract damages, including but not limited to costs and lost profits
incurred by Cleary Building Corp.
By (Office Use Only): ____________________________________
Seller
NICHOLAS MONTGOMERY
DELTA
CLEARY BUILDING CORP.
This contract is assigned by Seller to Cleary Building Corp. and accepted by Cleary Building Corp. this_________ day
of___________________, ________. (Office Use Only)
Assignment
DELTA
NICHOLAS MONTGOMERYPAUL HOLSINGER OR CHRISTIAN LABAR PITKIN COUNTY
SellerPurchaser
P.O Box 930220
Phone: (608) 845-9700
Verona, WI 53593-0220
Fax: (608) 845-7070
PITKIN COUNTY, PAUL HOLSINGER OR CHRISTIAN
LABAR
4/19/2019
Doc ID: 5959720190419121635
Cleary/Owner Project Contract - Erected
v12/10 34 of 34
C-500
04/23/2019