HomeMy WebLinkAboutbocc.con.142.238/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 12233150.531000
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department
County Representative GR Fielding County Representative
Phone (970) 920-5206
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 25,000.00
$ -
$ -
$ 25,000.00
Engineering & Construction
Concrete repair and replacement.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
No
Basalt Vista
Stutsman-Gerbaz Earthmoving, Inc.
$ 25,000.00
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ 25,000.00
Informal
Construction
5/28/2023
12/31/2023
New Contract
142.23
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
Contract #: 142.23 Rev. 2018.10.10 btf Budget Line Item #: 12233150.531000
PITKIN COUNTY, COLORADO INFORMAL PROCUREMENT MEMORANDUM
TO: File
FROM: G.R. Fielding, Engineering & Construction Director RE: Informal Procurement under $50,000
DATE: May 25, 2023
Description of Project: Basalt Vista Concrete Repair and Replacement Budgeted Amount: $25,000.00 On project list approved by BOCC: Yes
Contractors Contacted: S2M, RodCo Concrete, and Stutsman-Gerbaz Earthmoving, Inc. Proposals Received: Vendor Name Proposal Amount Timeline Other Information
S2M N/A Contractor unavailable to perform the work.
RodCo Concrete N/A Contractor unavailable to perform the work.
Stutsman-Gerbaz
Earthmoving, Inc.
$25,000 All work will be completed
by November 30, 2023.
Firms chosen: Stutsman-Gerbaz Earthmoving, Inc.
COUNTY REPRESENTATIVE: ________________________________________________
!#DEPARTMENT REPRESENTATIVE#! Date
Engineering and Construction Director
Gerald Fielding
May-25-2023
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
1
PITKIN COUNTY CONSTRUCTION CONTRACT
THIS CONTRACT, made May 28, 2023 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 Stutsman-Gerbaz Earthmoving, Inc, 30376 State Hwy 82
Snowmass, CO 81654, (hereinafter called the “Contractor”) to perform the following work:
Basalt Vista (“Project”).
I. Term of Contract: The term of this Contract is from May 28, 2023 to December 31, 2023.
At the expiration of the initial term, the contract may be extended for an additional term of
one (1) year by the express written consent of both parties.
II. Scope of Work and Work Schedule:
A. Scope of Work:
• Caulking any areas where separation between curb and
gutter and sidewalk will accept caulking
• Epoxy Seal Cracks in concrete
• Remove, prepare subbase and base, and Replace selected
concrete curb and gutter and/or sidewalk where settlement
or failure has happened
o Several areas have been identified, including the
concrete valley pan and areas near unit 135.
• Any traffic control, materials and coordination needed to
complete the scope of work.
• Any other work as delineated in the field and agreed to between
the County and Contractor
B. All work performed under this Contract shall be done according to the following
work schedule:
1) All work shall be completed by November 30, 2023.
2) All work started shall be completed within 3 weeks from time of
specific piece of work (ie, once removal is begun for one item, it shall be
replaced within 3 weeks)
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 not to exceed twenty five thousand
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
2
dollars and zero cents ($25,000.00) 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 monthly for work
done to date.
2) Payment shall be determined by rate sheet and paid based on Time
and Materials.
3) 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.
4) 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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
3
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
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 indirect contract with Contractor just as Contractor
is responsible for Contractor's own acts and omissions. Nothing in this
Contract shall create any Contractual relationship between the County or
the 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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
4
of the Project or resulting from the product or device not specified in this Contract,
and shall defend all such claims in connection with any alleged infringement of
such rights.
D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain
and pay for all construction permits and licenses. The County shall assist the
Contractor, when necessary, in obtaining such permits and licenses. The Contractor
shall pay all governmental charges and inspection fees necessary for the
prosecution of the Project. The Contractor shall pay all charges of utilities for
connections to the Project, and the County shall pay all charges of such utility
owners for capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply with
all federal, state, and local laws, ordinances, rules, and regulations applicable to
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.
F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales, consumer, use and other similar taxes whether direct or indirect. Federal
excise tax may 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.
G. Use of Premises.
1) The Contractor shall confine construction equipment, the storage of
materials and equipment and the operations of workers to the Project site
and land and areas permitted by this Contract, law, ordinances, and permits.
The Contractor shall assume full responsibility for any damage to any such
land or area, or to the County or occupant thereof or of any land or areas
contiguous thereto, resulting from the performance of the Project. Should
any claim be made against the County or the 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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
5
(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
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. The Contractor shall restore to original condition all property
not designated for alteration by this Contract.
3) The Contractor shall not load or permit any part of any structure to
be loaded in any manner that will endanger the structure, nor shall the
Contractor subject any part of the Project or adjacent property to stresses or
pressures that will endanger it.
H. 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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
6
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
under this Contract, and of constructing and maintaining such
approaches, crossing, intersections and any necessary features
without direct compensation, except as otherwise provided.
b. The Contractor shall provide, erect and maintain all necessary
barricades, signs, danger signals and lights to protect the Project and
the safety of the public. The Contractor’s responsibility for
necessary barricades, signs, and lights shall not cease until the
Project has been accepted.
I. Shop Drawings and Samples.
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) The Contractor shall also submit to the Project Lead for review and
approval with such promptness as to cause no delay in Project, all samples
required by this Contract. All samples will have been checked by and
accompanied by a specific written indication that the Contractor has
satisfied the Contractor's responsibilities under this Contract with respect to
the review of the submission and will be identified clearly as to material,
supplier, pertinent data such as catalog numbers and the use for which
intended.
3) Before submission of each shop drawing or sample, the Contractor
shall have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto; and reviewed or coordinated each shop
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
7
drawing or sample with other shop drawings and samples and with the
requirements of the Project and this Contract.
4) At the time of each submission, the Contractor shall give the 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.
5) 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.
6) 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
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.
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
8
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 warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the Contractor,
its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract. The 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
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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
9
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)
• 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) Contractors Pollution Liability: The County requires this coverage
whenever work at issue under this Contract involves potential pollution risk
to the environment or losses caused by pollution conditions (including
asbestos) that may arise from the operations of the Contractor described in
the Contractor’s scope of services. Policy shall cover the Contractor’s
completed operations. Contractors Pollution Liability coverage (including
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
10
Completed Operations) must be kept in effect for up to three (3) years after
completion of the project.
Coverage shall apply to sudden and gradual pollution conditions resulting
from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos). If the coverage is written
on a claims-made basis, the Contractor warrants that any retroactive date
applicable to coverage under the policy precedes the effective date of this
Contract; and that continuous coverage will be maintained or an extended
discovery period will be exercised for a period of three (3) years beginning
from the time that work under this Contract is completed.
a. The policy shall be endorsed to include the following as Additional
Insureds: “Pitkin 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”.
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
5) Professional Liability: The Contractor shall maintain Professional
Liability covering wrongful acts, errors and/or omissions, including design
errors, if applicable, for damage sustained by reason of or in the course of
operations under this Contract resulting from professional services provided
by the Contractor as part of the Contract. Contractors Professional Liability
(Errors and Omissions) policy must be kept in effect during the project and
for up to three (3) years after completion of the project.
The policy/coverages shall be amended to include the following:
a. Coverage shall apply for three (3) years after project is complete.
b. Policy is to be on a primary basis; if other professional coverage is
carried.
Per Loss $ 1,000,000
Aggregate $ 2,000,000
6) 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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
11
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
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.
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
12
7) Special Coverages (check as appropriate and insert amount):
a. ☐ Performance Bond $
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
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.
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
13
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; 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.
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
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.
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
14
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.
2) The Contractor shall provide the Project Lead with a written
certification each time materials or equipment is brought onto the Project
site that such materials or equipment do not contain Hazardous Materials.
X. 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
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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
15
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
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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
16
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.
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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
17
provisions and be free from failure for a period of not less than Enter Length
of Time (Open to Negotiations) from date of Final Payment. Landscaping
replacement shall be warranted for two (2) growing seasons.
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. 1) The Contractor shall cooperate with material testing persons and
firms, and for required inspections, and compliance and approval tests for the
work performed by the Contractor or its subcontractor. 2) If any laws, ordinances, rules, regulations, code or order of any public body having jurisdiction requires any Project work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish the
Project Lead the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or re-testing required in connection with the County’s or the Project Lead’s acceptance of a supplier of materials or equipment proposed
to be incorporated in the Project, or of materials or equipment submitted for
approval prior to the Contractor's purchase thereof for incorporation in the Project. The cost of all inspections, testing, re-testing and approvals in addition to the above which are required by this Contract shall be paid by the Contractor (unless otherwise specified). The County will conduct and pay for the
conformance tests on materials installed in-place, and the Contractor shall pay
for re-testing of all failing and non-conforming materials thereafter. 3) All inspections, tests or approvals other than those required by laws, ordinances, rule, regulations, code, or order of any public body having
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
18
jurisdiction shall be performed by organizations acceptable to the Project Lead. 4) 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. 5) 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. Correction Period. If within two (2) years after the date of Final Payment or such
longer period of time as may be prescribed by laws or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Project work is found to be defective, the Contractor shall promptly without cost to County and in accordance with County's written instructions, either correct such defective Project work, or, if it has been rejected by
County, remove it from the site and replace it with non-defective Project work. If the Contractor does not promptly (within seven (7) days from receipt) comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the defective Project work corrected or the
rejected Project work removed and replaced, and all direct, indirect and consequential
costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Project work, other property, or person, which occurred as a result of the defective Project work.
F. County May Correct Defective Work. If the Contractor fails within ten (10)
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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
19
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,
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 November 30, 2023. Liquidated damages of one hundred dollars and zero cents ($100.00) 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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
20
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
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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
21
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.
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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
22
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 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.
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
23
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 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: G.R. Fielding 530 East Main Street
Aspen, CO 81611
Email: gerald.fielding@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: Contractor Legal Entity
Contractor Street Address (Include
Suite/Unit) City, ST ZIP Phone: (970) 923-2734 Email: shay.s@sgearthmoving.co
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
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
24
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. 2) Contractor has carefully studied the site and has performed all necessary investigations, tests, and subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress,
or performance of Project. 3) Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price, within the Contract time, and in accordance with the other terms and conditions of
this Contract; and no additional examinations, investigations, tests, reports, or similar data are or will be required by Contractor for such purposes. 4) Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of this Contract.
5) Contractor has given 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. 6) By executing this Contract, the Contractor represents that it has
visited the site, familiarized itself with the local conditions under which the
Project work is to be performed (including weather conditions which can be expected), and correlated its observations with the requirements of this Contract. 7) The undersigned representative of Contractor represents that it is an
authorized representative of Contractor for the purposes of executing this
Contract and that it has full and complete authority to enter into this Contract on behalf of Contractor. XX. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
constitute an original, but all of which shall constitute one and the same document.
Contract # 142.23 Rev. 2018-10-10 btf
Budget Line Item # 12233150.531000
25
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. CONTRACTOR LEGAL ENTITY ________________________________________________ !#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL:
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
SECTION APPROVAL: ________________________________________________ !#SECTION LEADER#! Date
Gerald Fielding
May-25-2023
Engineering and Construction Director
May-25-2023
Rich Englehart
Deputy County Manager
President
Shay Stutsman
Jun-02-2023
Equipment (Labor Included)Trucking (Labor Included)
Mini Skid/ Vermeer............................140.00$ /HR Dump Truck (12 yd)………………….135.00$ /HR
150.00$ /HR End/Side Dump (20 yd)……………………150.00$ /HR
200.00$ /HR *Transport………………………………150.00$ /HR
220.00$ /HR *Heavy Transport………………………………250.00$ /HR
240.00$ /HR *Dually Transport…............................110.00$ /HR
160.00$ /HR Water Truck…………………………. 135.00$ /HR
185.00$ /HR Fuel Pickup…………………………..........110.00$ /HR
195.00$ /HR Plow Pickup………………………….........115.00$ /HR
220.00$ /HR Pilot Car…................................................85.00$ /HR
295.00$ /HR Goose Neck Trailer….......................125.00$ /HR
CAT 432 Backhoe…………………. 170.00$ /HR
CAT 300 Excavator……………………………130.00$ /HR Small / Misc. Equipment (Labor Not Included)
CAT 301 Excavator……………………………140.00$ /HR Walk Behind Compactor………….715.00$ /Day
CAT 302 Excavator……………………………150.00$ /HR Jumping Jack Compactor…………165.00$ /Day
CAT 303 Excavator……………………………160.00$ /HR Flat Plate Compactor……………... 165.00$ /Day
CAT 308 Excavator…………………....195.00$ /HR Hilti Hammer….................................220.00$ /Day
^CAT 314/315 Excavator…………………………………………200.00$ /HR Light Plant…......................................240.00$ /Day
CAT 320/323 Excavator……………………….. 225.00$ /HR Rock Splitter…………………………......... 365.00$ /Day
CAT 325/329 Excavator…………………….... 235.00$ /HR Jack Hammer………………………….....365.00$ /Day
*^CAT 336 Excavator…………………….... 270.00$ /HR Compressor…………………………...... 365.00$ /Day
CAT 349 Excavator…...................330.00$ /HR Demo Saw…………………………….........220.00$ /Day
CAT 140 Road Grader……………..285.00$ /HR Walk Behind Saw………………….................170.00$ /Day
*CAT D6 Dozer………………………….230.00$ /HR Thaw Machine….....................................1,925.00$ /Day
CAT CP-CS 323 Compactor………..155.00$ /HR Grizzly- Large……………………................550.00$ /Day
*GPS for Equipment…………………..........155.00$ /HR Grizzly- Small………………………………. 195.00$ /Day
^Hammer for 36T...…............................285.00$ /HR 8' X 8' Trench Box…..........................550.00$ /Day
^Hammer for 20T & 25T….….....……................230.00$ /HR 8' X 12' Trench Box…..........................825.00$ /Day
^Hammer for 15T & 20T…...............................185.00$ /HR 8' X 16' Trench Box….........................1,100.00$ /Day
^Hammer for 8T…..................................115.00$ /HR 8' X 24' Trench Box….........................1,500.00$ /Day
^Hammer for 3T..................................90.00$ /HR 8' X 8' Manhole Box…..........................1,000.00$ /Day
^Shaker Plate for 308..............................100.00$ /HR Bedding Box…...................................550.00$ /Day
^Shaker Plate…...............................140.00$ /HR Screener……………………………......... 305.00$ /HR
^Compaction Wheel/ Cutter…........125.00$ /HR 2" Pump………………………………........305.00$ /Day
Sweeper for Skidsteer….....................95.00$ /HR 4" Pump……………………………….........605.00$ /Day
^Bedding Bucket.................................150.00$ /HR 6" Pump………………………………............1,210.00$ /Day
Concrete Pulverizer…..................275.00$ /HR Buggy……………………………......... 110.00$ /HR
Magnet….........................................250.00$ /HR Generator…………………………......... 110.00$ /HR
Labor/ Supervision Materials
Labor………………………………….90.00$ /HR Topsoil……………………………..............Call /YD
Pipe Fitter……………………………. 110.00$ /HR 1 1/2" Rock………………………………...18.70$ /Ton
Supervision………………………………...........175.00$ /HR 3/4" Rock……………………………...……..18.70$ /Ton
Specialized Supervision……………………....250.00$ /HR 3/4" Road Base………………..…………18.15$ /Ton
Total Station/Rover/GPS Layout……………..200.00$ /HR Plus Truck time from WSM
Mechanic/Welder…………………….......... 175.00$ /HR 85.00$ /Load
Operator/Laborer overtime add 45.00$ /HR
CAT 983 Track Loader………..........
CAT 977 Track Loader………...............
Track / Skidsteer………………………….
CAT 939 Track Loader…………………...
CAT 938 Rubber Tire Loader……..
CAT 908 Rubber Tire Loader…………………...
CAT 924 Rubber Tire Loader……..
*CAT 963 Track Loader…………………...
Moisture condition 3/4" Road Base
Stutsman-Gerbaz Earthmoving Inc.
30376 State Highway 82
Snowmass CO 81654
Labor & Equipment Rates- 2023
CAT 953 Track Loader…………………...
NOTE
Prices for other materials upon request Contact Dave Stutsman (970)-923-2734.
Labor & Equipment Rates as well as cost of materials are subject to change without notice.
*Transport Weight Max: 35ton MAX
*Heavy Transport Weight Max: 55ton MAX NOTE: 55ton requires 2 pilot cars
Thank You!
Certificate Of Completion
Envelope Id: 4A09C86D5B3D4874BB618F0D08E7A9F7 Status: Completed
Subject: Stutsman-Gerbaz Earthmoving, Inc. | Pitkin County Contract 142.23 for Review and Signature
Source Envelope:
Document Pages: 29 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Pitkin County Procurement
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 216.237.91.144
Record Tracking
Status: Original
5/25/2023 11:37:35 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Gerald Fielding
gerald.fielding@pitkincounty.com
Engineering and Construction Director
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 5/25/2023 11:42:30 AM
Viewed: 5/25/2023 11:46:21 AM
Signed: 5/25/2023 11:46:37 AM
Electronic Record and Signature Disclosure:
Accepted: 5/4/2020 2:25:51 PM
ID: 119874e5-b793-4ad0-a348-718953f54cfb
Company Name: Pitkin County, Colorado
Rich Englehart
Rich.Englehart@PitkinCounty.com
Deputy County Manager
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 216.189.14.41
Sent: 5/25/2023 11:46:39 AM
Viewed: 5/25/2023 11:55:00 AM
Signed: 5/25/2023 11:55:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Shay Stutsman
shay.s@sgearthmoving.co
President
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 75.148.38.169
Sent: 5/25/2023 11:55:18 AM
Viewed: 6/2/2023 8:01:13 AM
Signed: 6/2/2023 8:01:26 AM
Electronic Record and Signature Disclosure:
Accepted: 6/2/2023 8:01:13 AM
ID: 8cacea50-1847-4253-9842-517aabc59975
Company Name: Pitkin County, Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Procurement Specialist
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 6/2/2023 8:01:28 AM
Resent: 6/2/2023 8:01:32 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 6/2/2023 8:01:29 AM
Viewed: 6/2/2023 11:12:11 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/25/2023 11:42:30 AM
Certified Delivered Security Checked 6/2/2023 8:01:13 AM
Signing Complete Security Checked 6/2/2023 8:01:26 AM
Completed Security Checked 6/2/2023 8:01:29 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm that you can access this information electronically, which will be similar to other
electronic notices and disclosures that we will provide to you, please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
this page for your future reference and access or that you were able to e-mail this disclosure and
consent to an address where you will be able to print on paper or save it for your future reference
and access. Further, if you consent to receive notices and disclosures exclusively in electronic
format on the terms and conditions described above, please let us know by clicking the 'I agree'
button below.
By checking the 'I Agree' box, I confirm that:
I am establishing my intent to be bound to the transaction, and indicating that I am fully
aware of the purpose for which the signature is being provided.
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgments, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this
document. When you don't have a DocuSign account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Gerald Fielding, Shay Stutsman
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to these terms and conditions, please
confirm your agreement by clicking the 'I agree' button at the bottom of this document.
Getting paper or electronic copies
At any time, you may request from us a paper or electronic copy of any record provided or made
available electronically to you by us. For such copies, as long as you are an authorized user of
the DocuSign system you will have the ability to download and print any documents we send to
you through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper or
electronic copies of any such documents from our office to you, you may be charged a per-page
fee. You may request delivery of such paper or electronic copies from us by following the
procedure described below.
Withdrawing your consent
If you are an authorized DocuSign Account holder, you can decide to receive notices and
disclosures from us electronically, you may at any time change your mind and tell us that
thereafter you want to receive required notices and disclosures only in paper format. Described
below is the process for informing us of your decision to receive future notices and disclosure in
paper format and also how to withdraw your consent to receive notices and disclosures
electronically.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign user account to receive required notices and consents electronically from us or to sign
electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgments, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to Helpdesk@provelocity.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at Helpdesk@provelocity.com and
in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature.
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you
must state your e-mail, full name, Postal Address, telephone number, and account
number.