HomeMy WebLinkAboutbocc.con.058.248/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 40451513.546500
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 David Schneider County Representative
Phone (970) 429-1880
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 24,745.88
$ -
$ -
$ 24,745.88
Airport
Contract for the removal of the ASE Secure Exit Lane.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
No
Secure Exit Lane Removal
North Peak Construction
$ 24,745.88
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ 24,745.88
None
Construction
1/15/2024
2/29/2024
New Contract
058.24
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 # 058.24 Rev. 2022.08.04 CDD
1
PITKIN COUNTY CONSTRUCTION CONTRACT
THIS CONTRACT, made January 15, 2024 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 North Peak, Inc., 305 Main St., Suite A, Grand Junction, CO 81611 (hereinafter
called the “Contractor”) to perform the following work: Removal of Secure Exit Lane (“Project”).
I. Term of Contract: The term of this Contract is from January 15, 2024 to February 29, 2024.
Optional Contract Extension
II. Scope of Work and Work Schedule:
A. Scope of Work:
• Remove existing Secure exit lane and place equipment on pallets for shipment by
airport staff.
• Prep and frame area for new Exit Lane that has a clearance of 97.25” (unit height
92.5”) Two areas on
both sides of entryway need modification of framing and removal of building
systems as needed.
• Coordinate and Life safety and MEP’s contractors for appropriate Detach reset of
equipment.
• Once completed North Peak will hang tape and paint disturbed drywall edge to edge
of continuous
surfaces.
• See Attachments “A” and “B” for further detail.
B. All work performed under this Contract shall be done according to the following
work schedule:
• January 15 - Set all protection and containment, Disassemble existing Exit Lane
system.
• January 16 - Modify framing and make any adjustments to equipment in Ceiling as
needed.
• January 17 - Fire suppression system head relocation, MEP relocation as needed.
• January 18 - Hang and Tape drywall prep for Paint. Complete remaining finishes
as needed.
• January 19 - Paint, remove protection and containment. Final cleaning
Contract # 058.24 Rev. 2022.08.04 CDD
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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 Twenty-Four Thousand Seven
Hundred Fourty-Five dollars and Eighty-Eight cents ($24,745.88) 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 weekly for work
done to date.
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.
Contract # 058.24 Rev. 2022.08.04 CDD
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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
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,
Contract # 058.24 Rev. 2022.08.04 CDD
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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.
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
Contract # 058.24 Rev. 2022.08.04 CDD
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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
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
Contract # 058.24 Rev. 2022.08.04 CDD
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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
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
Contract # 058.24 Rev. 2022.08.04 CDD
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performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto; and reviewed or coordinated each shop
drawing or sample with other shop drawings and samples and with the
requirements of the Project and this Contract.
4) At the time of each submission, the Contractor shall give the 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
Contract # 058.24 Rev. 2022.08.04 CDD
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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 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
Contract # 058.24 Rev. 2022.08.04 CDD
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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)
• 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
Contract # 058.24 Rev. 2022.08.04 CDD
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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
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
Contract # 058.24 Rev. 2022.08.04 CDD
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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
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).
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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.
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.”
Contract # 058.24 Rev. 2022.08.04 CDD
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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; 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.
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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.
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.
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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
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
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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.
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
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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 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
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conformance tests on materials installed in-place, and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter.
3) All inspections, tests or approvals other than those required by laws,
ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be performed by organizations acceptable to the 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
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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,
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 29, 2024. Liquidated damages of No dollars and No 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.
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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
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;
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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. 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.
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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 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.
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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
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:
David Schneider 1001 Owl Creek Rd Aspen, CO 81611 Email:
david.schneider@aspenairport.com
with copies to:
Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com
To Contractor: North Peak, Inc. 305 Main St., Suite A Grand Junction, CO 81611
Phone: (970) 331-5163
Email: levi@northpeakconstruction.com
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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.
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.
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:
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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
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.
Contract # 058.24 Rev. 2022.08.04 CDD
26
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above.
NORTH PEAK, Inc. ________________________________________________
!#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL:
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
SECTION APPROVAL: ________________________________________________
!#SECTION LEADER#! Date
David Schneider
Operations and Security Manager
Jan-05-2024
Dan Bartholomew
Airport Director
Jan-05-2024
Kevin Young
Jan-10-2024
President
Page 1 of 8
Agreement Between Owner and Construction Manager as
Constructor [Cost of the Work Plus a Fee]
AGREEMENT made as of the _3rd__ day of _January_, _2024_.
BETWEEN the Owner: Aspen/Pitkin County Airport, ASE
and the Construction Manager: North Peak Inc.
North Peak, Inc.
305 Main St. Suite A
Grand Junction, CO 81501
for the following Project: 233 E Airport Rd-Ste G, Aspen, CO 81611
The Owner and Construction Manager agree as follows.
TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3
OWNER’S RESPONSIBILITIES
4 COMPENSATION AND PAYMENTS FOR CONSTRUCTION SERVICES
5 COSTS OF THE WORK FOR CONSTRUCTION
6 PAYMENTS FOR CONSTRUCTION SERVICES
7 INSURANCE AND BONDS
8 DISPUTE RESOLUTION
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 SCOPE OF THE AGREEMENT
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 The Contract Documents
The Contract Documents consist of this Agreement, and Modifications issued after execution of this Agreement, all of
which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The
Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations, or agreements, either written or oral. If anything in the other Contract Documents, other than a
Modification, is inconsistent with this Agreement, this Agreement shall govern.
§ 1.2.1 Relationship of the Parties
The Construction Manager accepts the relationship of trust and confidence established by this Agreement and
covenants with the Owner to cooperate with the Owner and the contracted architect (the “Architect”), including
during the preconstruction phase of the Project and the construction phase thereafter, to exercise the
Construction Manager’s skill and judgment in furthering the interests of the Owner; to furnish efficient construction
Page 2 of 8
administration, management services and supervision; to always furnish an adequate supply of workers and materials; and
to perform the contracted for services (the “Work”) in an expeditious and economical manner consistent with the Owner’s
interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager
and to make payments to the Construction Manager in accordance with the requirements of this Agreement.
§ 1.2.2 Owner’s Representation
The Owner shall designate one representative to lead project efforts, answer all questions, and make all decisions on
behalf of the remaining Owner’s parties. A secondary representative shall also be designated for the event that the primary
representative is not available. The representatives must be designated below with adequate contact information.
Primary Representative
Name: David Schneider
Address: 233 E Airport Rd-Ste G Aspen, CO 81611
Primary Phone Number: _970.429.1881___________________________
Secondary Phone Number: _____________________________________
Email Address: david.schneider@aspenairport.com________________
Secondary Representative
Name: _Greg Boyb
Address: _ 233 E Airport Rd-Ste G Aspen, CO 81611_________________
Primary Phone Number: _970.429.1881____________________________
Secondary Phone Number: ______________________________________
Email Address: _ _greg.boyd@aspenairport.com_____________________________
ARTICLE 2 CONSTRUCTION MANAGER’S RESPONSIBILITIES
§ 2.1.1 Consultation
The Construction Manager shall schedule and conduct meetings with the Owner and the architect to discuss such matters
as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall advise the Owner and
the Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The
Construction Manager shall also provide recommendations consistent with the Project requirements to the Owner and
architect on constructability; availability of materials and labor; time requirements for procurement, installation, and
construction; and factors related to construction cost including, but not limited to, costs of alternative designs or
materials, preliminary budgets, life-cycle data, and possible cost reductions.
§ 2.1.2 Phased Construction
The Construction Manager shall provide recommendations regarding accelerated or fast-track scheduling, procurement,
or phased construction. The Construction Manager shall take into consideration cost reductions, cost information,
constructability, provisions for temporary facilities and procurement and construction scheduling issues.
§ 2.1.3 Cost Estimates
§2.1.3.1 Based on the preliminary design and other design criteria prepared by the architect, the Construction Manager
shall prepare preliminary estimates of the cost of the Work or the cost of program requirements using area, volume or
similar conceptual estimating techniques for the architect’s review and Owner’s approval. If the Architect or Construction
Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those
alternative materials and systems.
§ 2.1.3.2 The Construction Manager shall prepare for the Owner (and for the Architect’s review if requested), a
procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall
expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction.
§ 2.1.4 Extent of Responsibility
The Construction Manager shall exercise reasonable care and shall comply with all applicable professional standards in
preparing schedules and estimates. The Construction Manager is not required to ascertain that any drawings and
specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of
public authorities, but the Construction Manager shall promptly report to the Owner, and Architect if necessary, any
nonconformity discovered by or made known to the Construction Manager during the course of his work and performance
Page 3 of 8
of contractual duties.
§ 2.1.5 Notices and Compliance with Laws
The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations,
applicable professional standards, and lawful orders of public authorities applicable to its performance under this
Contract, and with equal employment opportunity programs, and other programs as may be required by governmental
and/or quasi-governmental authorities.
§ 2.2 Construction
§ 2.2.1 General The contract for construction shall commence upon the Owner’s acceptance of the Construction
Manager’s proposal to begin the Work.
§ 2.2.2 Those portions of the Work that the Construction Manager does not customarily perform with the Construction
Manager’s own personnel shall be performed under subcontracts or by other appropriate agreements with the
Construction Manager. Such subcontracts will be negotiated and executed by the Construction Manager, subject to the
cost of Work being within the cost estimates under §2.2.1 of this Agreement. If any subcontract results in the cost
estimates being exceeded the Construction Manager shall promptly communicate such details to the Owner and not enter
such contractual arrangement(s) without and until the Owner’s consent. The Construction Manager shall not be required
to contract with anyone to whom the Construction Manager has reasonable objection.
§ 2.2.3 The Construction Manager shall be always reasonably available to meet and/or discuss with the Owner such
matters as procedures, progress, coordination, scheduling, and status of the Work.
§ 2.2.4 Architect
The Construction Manager shall retain a qualified and licensed Architect to provide services, duties and responsibilities
expected of a professional within the architecture industry. The Construction Manager shall provide the Owner with a
copy of the executed agreement between the Construction Manager and the Architect, and any further modifications to the
agreement.
ARTICLE 3 OWNER’S RESPONSIBILITIES
§ 3.1 Information and Services Required of the Owner
§ 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on
the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria. The
individuals and parties comprising the Owner shall be jointly and severally responsible for the payment of all fees due to
the Construction Manager and any other obligations required under this agreement.
§ 3.1.2 Prior to the execution of the Contract, the Construction Manager may request in writing that the Owner provide
reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the
Contract. Thereafter, the Construction Manager may only request such evidence if (1) the Owner fails to make payments
to the Construction Manager pursuant to Article 6 herein, (2) a change in the Work materially changes the total contract
sum, as defined herein under Article 6, or (3) the Construction Manager identifies in writing a reasonable concern
regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition
precedent to commencement or continuation of the Work, or the portion of the Work affected by a material change.
§ 3.1.3 Structural and Environmental Tests, Surveys and Reports. Owner shall furnish any other information or
services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable
promptness after receiving the Construction Manager’s written request for such information or services. The Construction
Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise
proper precautions relating to the safe performance of the Work.
§ 3.1.3.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the
parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous
materials.
§ 3.1.3.2 The Owner shall furnish surveys describing physical characteristics, legal limitations, and utility locations for the
site of the Project, and a legal description of the site. The surveys and legal information shall include, as applicable,
grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent
drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the
site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and
information concerning available utility services and lines, both public and private, above and below grade, including
Page 4 of 8
inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 3.1.3.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may
include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests,
evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including
necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations.
§ 3.1.3.4 The Owner shall furnish information or services required of the Owner by this Agreement with reasonable
promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the
Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s
written request for such information or services.
ARTICLE 4 COMPENSATION AND PAYMENTS FOR CONSTRUCTION SERVICES § 4.1
Compensation
§ 4.1 For the Construction Manager’s performance of the Work as described in Article 2, the Owner shall pay the
Construction Manager a sum (the “Contract Sum”) for the Construction Manager’s performance of the Contract. The
Contract Sum is the cost of the Work as defined in Section 6.1.1 plus the Construction Manager’s percentage fee (the
“Construction Manager’s Fee”).
§4.2 The Construction Manager’s Fee:
The Construction Manager’s Fee shall be __20%, plus__ the cost of Work.
§ 4.3 Changes in the Work
§ 4.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the
Contract consisting of additions, deletions, or other revisions. The Owner shall issue such changes in writing. The
Construction Manager shall be entitled to an equitable adjustment in an estimated time for completion of the Contract
because of changes in the Work.
ARTICLE 5 COST OF THE WORK FOR CONSTRUCTION
§ 5.1 Costs to Be Reimbursed
§ 5.1.1 The total cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper
performance of the Work (the “Cost of the Work”). Such costs shall be at rates not higher than the standard paid at the
place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth
under this Article 5 of the Agreement.
§ 5.1.2 Where any cost is subject to the Owner’s prior approval, the Construction Manager shall obtain this approval prior
to incurring the cost.
§ 5.2 Labor Costs
§ 5.2.1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the
Work at the site or, with the Owner’s prior approval, at off-site workshops; and costs to be reimbursed will be the actual
wages paid to the individuals performing the Work subject to wage maximums per the approval of the Owner.
§ 5.2.2 Wages or salaries of the Construction Manager’s project management, supervisory and administrative
personnel, including travel and expenses, when traveling to, or stationed at the site of the Project.
§ 5.2.3 Wages and salaries of the Construction Manager’s supervisory or administrative personnel engaged at
factories, workshops or on the road, in expediting the production or transportation of materials or equipment
required for the Work, but only for that portion of their time required for the Work.
§ 5.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments, and
benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements,
customary benefits such as sick leave, medical and health benefits, holidays, vacations, and pensions, provided such costs
are based on wages and salaries included in the Cost of the Work under Article 5 herein.
§ 5.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by
the Construction Manager or paid to any Subcontractor or vendor, with the Owner’s prior approval.
Page 5 of 8
§ 5.3 Subcontractor Costs
Payments made by the Construction Manager to subcontractors in accordance with the requirements of the
subcontracts. Amounts properly billed by subcontractors for work which has been approved by the Construction
Manager in accordance with the subcontract.
§ 5.4 Costs of Materials and Equipment Incorporated in the Completed Construction
§ 5.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the
completed construction.
§ 5.4.2 Costs of materials described in the preceding Section 5.4.1 in excess of those actually installed to allow for
reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of
the Work or, at the Owner’s option, shall be sold by the Construction Manager. Any amounts realized from such sales
shall be credited to the Owner as a deduction from the Cost of the Work.
§ 5.4.3 Costs of materials purchased directly by the Construction Manager for use on the project may be allowed a markup
of 15%.
§ 5.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items
§ 5.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies,
temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are
provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials,
supplies, temporary facilities, machinery, equipment, and tools that are not fully consumed shall be based on the cost or
value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the
Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value.
§ 5.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by
construction workers that are provided by the Construction Manager at the site and costs of transportation, installation,
minor repairs, dismantling and removal. The total rental cost billed to the project for any Construction Manager-owned
item may not exceed the purchase price of any comparable item. Rates of Construction Manager owned equipment and
quantities of equipment shall be subject to the Owner’s prior approval.
§ 5.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal.
§ 5.5.4 That portion of the reasonable expenses of the Construction Manager’s supervisory or administrative
personnel incurred while traveling in discharge of duties connected with the Work.
§ 5.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the
Owner’s prior approval.
§ 5.6 Miscellaneous Costs
§ 5.6.1 Premiums for that portion of insurance and bonds required by this Agreement that can be directly attributed to
this Agreement. Self-insurance for either full or partial amounts of the coverages required by this Agreement, with the
Owner’s prior approval.
§ 5.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the
Construction Manager is liable.
§ 5.6.3 Fees and assessments for the building permit and for other permits, licenses, and inspections for which the
Construction Manager is required by this Agreement, if any, to pay.
§ 5.6.4 Costs for electronic equipment and software, directly related to the Work with the Owner’s prior approval.
§ 5.6.5 Deposits lost for causes other than the Construction Manager’s negligence or failure to fulfill a specific
responsibility in this Agreement.
§ 5.6.6 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the
Page 6 of 8
Owner and Construction Manager, incurred by the Construction Manager after the execution of this Agreement in the
performance of the Work and with the Owner’s prior approval, which shall not be unreasonably withheld.
§ 5.6.7 Subject to the Owner’s prior approval, expenses incurred in accordance with the Construction Manager’s
standard written personnel policy for relocation and temporary living allowances of the Construction Manager’s
personnel required for the Work.
§5.6.8 Cost of necessary safety equipment, supplies, drug testing, and associated safety procedures as it pertains to the
Work.
§5.6.9 Off site storage warehousing and fabricating, if necessary, as it pertains to the Work.
§ 5.7 Other Costs and Emergencies
§ 5.7.1 Any cost not specifically excluded herein, which Construction Manager incurs in the performance of the Work
or furtherance of the Project
§ 5.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss in case of an emergency
affecting the safety of persons and property, through the Construction Manager’s course of the Work.
§ 5.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager,
subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure
to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or correction is
not recovered by the Construction Manager from insurance, sureties, subcontractors, suppliers, or others.
§ 5.8 Accounting Records
The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and exercise
such controls as may be necessary for proper financial management under this Contract and to substantiate all costs
incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors
shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and
copy, the Construction Manager’s records and accounts, including complete documentation supporting accounting entries,
books, correspondence, instructions, drawings, receipts, subcontracts, subcontractor’s proposals, purchase orders, vouchers,
memoranda, and other data relating to this Contract. The Construction Manager shall preserve these records for a period of
three years after final payment, or for a longer period as may be required by law.
ARTICLE 6 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
§ 6.1 Progress Payments
§ 6.1.1 Based upon invoices issued by the Construction Manager, the Owner shall make progress payments on account of
the Contract to the Construction Manager as provided below and elsewhere in this Agreement. Provided that the Owner
receives an invoice not later than the 25th day of a month, the Owner shall make payment of the certified amount to the
Construction Manager not later than the end of that given month. If an invoice is received by the Owner after the date fixed
above, the Owner shall make payment not later than thirty (30) days after the Owner receives the invoice.
§ 6.1.2 The Construction Manager shall submit payrolls, material invoices, subcontractor invoices, petty cash accounts,
receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to
demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal
or exceed (1) progress payments already received by the Construction Manager; (2) less that portion of those payments
attributable to the Construction Manager’s Fee: plus (3) payrolls for the period covered by the present invoice. In
furtherance of the foregoing, the Construction Manager shall submit a log tracking all contingency draws, and supporting
documentation for such draws, on the timeline set forth in the following sentence. The Construction Manager shall provide
all backup information with the submission of pay requests. When approved by the Owner, the Construction Manager will
be allowed up to 5 additional business days to provide all the backup information. In addition, all invoices must include
tax or taxes paid.
§ 6.1.3 Each invoice shall be based on the most recent schedule of values submitted by the Construction Manager in
accordance with this Agreement.
§ 6.1.4 Subject to other provisions of the Agreement, the amount of each payment shall be computed as follows: 1)
The invoiced amount as set forth above.
Page 7 of 8
2) Add the Construction Manager’s Fee, less retainage of five percent (5.00 %).
§ 6.1.5 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and
approval of payments to subcontractors and (2) the percentage of retainage held on subcontracts, and the Construction
Manager shall execute subcontracts in accordance with those agreements.
§ 6.1.6 Except with the Owner’s prior approval, the Construction Manager shall not make advance payments to
suppliers for materials or equipment which have not been delivered and stored at the site.
§ 6.2 Final Payment
§ 6.2.1 Final payment, constituting the entire unpaid balance of the Contract sum, shall be made by the Owner to the
Construction Manager when:
1) the Construction Manager has fully performed the Contract except for the Construction Manager’s
responsibility to correct Work under its established One Year Warranty as evidenced by separate
written contract; and
2) the Construction Manager has submitted a final accounting for the Cost of the Work and any
remaining retention, and a final invoice for such amount.
The Owner’s final payment to the Construction Manager shall be made no later than thirty (15) days after the
issuance of the Construction Manager’s final invoice.
ARTICLE 7 INSURANCE AND BONDS
For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain suitable and
appropriate insurance, including property insurance.
ARTICLE 8 DISPUTE RESOLUTION
§ 8.1 Any claim between the Owner and Construction Manager shall be resolved in a court of competent jurisdiction in the
state of Colorado.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 Termination
In the event of termination of this Agreement pursuant to Section 10.1, the Construction Manager shall be equitably
compensated for all construction work performed to date, including:
.1 The Cost of the Work incurred by the Construction Manager to the date of termination;
.2 Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of
termination.
.3 Subtract the aggregate of previous payments made by the Owner for the Work at that point
performed.
The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the
Owner, for any equipment owned by the Construction Manager which the Owner elects to retain and which is not
otherwise included in the Cost of the Work. To the extent that the Owner elects to take legal assignment of subcontracts
and purchase orders (including rental agreements), the Construction Manager shall, as a condition of
receiving the payments referred to in this Article 9, execute and deliver all such papers and take all such steps, including
the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may
require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such
subcontracts or purchase orders. All subcontracts, purchase orders and rental agreements entered by the Construction
Manager will contain provisions allowing for assignment to the Owner as described above.
If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will
reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental
agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the
Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have
constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the
subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily
incurred by the Construction Manager because of such termination.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 Governing Law
Page 8 of 8
This Agreement shall be governed and interpreted according to the laws of the State of Colorado.
§ 10.2 Assignment
The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without
the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement.
Except as provided in this Section, neither party to the Contract shall assign the Contract as a whole without written
consent of the other. If either party attempts to make such an assignment without such consent, that party shall
nevertheless remain legally responsible for all obligations under the Contract.
ARTICLE 11 SCOPE OF THE AGREEMENT
§ 11.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager
and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Construction Manager.
This Agreement is entered into as of the day and year first written above.
OWNER
_________________________________________ _________________________________________
(Printed name and title) (Signature)
_________________________________________ _________________________________________
(Printed name and title) (Signature)
CONSTRUCTION MANAGER
Levi Higgs, North Peak Inc.
.
_________________________________________ _________________________________________
(Printed name and title) (Signature)
levi Higgs
Digitally signed by levi HiggsDN: C=US, E=Levi@Northpeakconstruction.com, O="North
Peak Construction ", OU=Project Manager, CN=levi HiggsReason: I am approving this documentDate: 2024.01.03 14:30:50-07'00'
PROPOSAL
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Aspen Airport Exit Lane modification
Project Information Contractor Information
Name of
Project:
Aspen Airport Hallway
modifications
Contractor: North Peak
Location: 233 E airport Rd Address: 305 Main St
Project
Owner:
Aspen Airport Phone #: 970.629.8767
Project
#:
01-23-075 Contact
Name:
Levi Higgs
Contact: David Schneider Contact #: 970.331.5163
Contact
Phone #:
970.429.1881 Contact
Email:
Levi@northpeakconstruction.com
Contact
Email:
David.schneider@aspenairport.com Proposal
Date:
1/3/24
SCOPE OF WORK:
◼ Remove existing Secure exit lane and place equipment on pallets for shipment by airport staff.
◼ Prep and frame area for new Exit Lane that has a clearance of 97.25” (unit height 92.5”) Two areas on
both sides of entryway need modification of framing and removal of building systems as needed.
◼ Coordinate and Life safety and MEP’s contractors for appropriate Detach reset of equipment.
◼ Once completed North Peak will hang tape and paint disturbed drywall edge to edge of continuous
surfaces.
Other Items include floor and wall protection, temporary crowd control using plywood and basic framing to
isolate the work area.
It was observed at the time of the site visit that unknown equipment is concealed in the ceiling cavity above
the Exit Lane and could potentially extend the cost and schedule of the project all items will be documented
and addressed on a case-by-case bases.
PROPOSAL
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Aspen Airport Exit Lane modification
North Peak proposes the following schedule for the week of 1/15/24.
Monday- Set all protection and containment, Disassemble existing Exit Lane system.
Tuesday- Modify framing and make any adjustments to equipment in Ceiling as needed.
Wednesday- Fire suppression system head relocation, MEP relocation as needed.
Thursday- Hang and Tape drywall prep for Paint. Complete remaining finishes as needed.
Friday- Paint, remove protection and containment. Final cleaning
Due to the conditions of existing condition above the ceiling and lack of access to the work area North Peak
will confirm any needed scope changes on Tuesday the 16th.
EXCLUSIONS:
Invoicing and Payment of Fire Sprinkler head relocation will be direct to the Airport.
North Peak Construction proposes to furnish all labor, materials and management to complete the scope of
work in a timely manner per the plans and specifications from the construction documents at the time of this
proposal. Any deviation from the construction documents will result in possible additional charges that will be
discussed and approved for in writing by the Owner or Representative.
PROPOSED AMOUNT SUM OF: $24,745.88 Cost plus agreement
Submitted by (Company Representative): Date:
1/3/24levi Higgs Digitally signed by levi HiggsDN: C=US, E=Levi@Northpeakconstruction.com, O="North Peak Construction ", OU=Project Manager, CN=levi HiggsReason: I am approving this documentDate: 2024.01.03 15:46:24-07'00'
PROPOSAL
3 | P a g e
Aspen Airport Exit Lane modification
Acceptance of Proposal: Authorized Signature:
Title: Date:
Certificate Of Completion
Envelope Id: 6C2DA45185F24A56BE3AF0649079DDAF Status: Completed
Subject: North Peak, Inc. | Pitkin County Contract 058.24 for Review and Signature
Source Envelope:
Document Pages: 38 Signatures: 3 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: 65.38.144.66
Record Tracking
Status: Original
1/5/2024 10:17:29 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
David Schneider
david.schneider@aspenairport.com
Operations and Security Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 1/5/2024 10:19:36 AM
Viewed: 1/5/2024 10:35:49 AM
Signed: 1/5/2024 11:26:14 AM
Electronic Record and Signature Disclosure:
Accepted: 1/5/2024 10:35:49 AM
ID: af56fdc4-53e5-426e-be2e-c5bb9ed98220
Company Name: Pitkin County, Colorado
Dan Bartholomew
dan.bartholomew@aspenairport.com
Airport Director
Aspen/Pitkin County Airport
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.153.241.160
Sent: 1/5/2024 11:26:16 AM
Viewed: 1/5/2024 12:07:59 PM
Signed: 1/5/2024 12:08:26 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Kevin Young
kevin.northpeakinc@gmail.com
President
North Peak, Inc
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 72.175.60.108
Sent: 1/5/2024 11:26:16 AM
Resent: 1/9/2024 11:28:33 AM
Viewed: 1/10/2024 2:37:39 PM
Signed: 1/10/2024 2:39:07 PM
Electronic Record and Signature Disclosure:
Accepted: 3/13/2023 8:46:47 AM
ID: 34218e60-9c17-4c36-84ac-c463dfebe433
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: 1/10/2024 2:39:08 PM
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: 1/10/2024 2:39:09 PM
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 1/5/2024 10:19:36 AM
Envelope Updated Security Checked 1/9/2024 11:28:32 AM
Envelope Updated Security Checked 1/9/2024 11:28:32 AM
Envelope Updated Security Checked 1/9/2024 11:28:32 AM
Certified Delivered Security Checked 1/10/2024 2:37:39 PM
Signing Complete Security Checked 1/10/2024 2:39:07 PM
Completed Security Checked 1/10/2024 2:39:09 PM
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: David Schneider, Kevin Young
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.