HomeMy WebLinkAboutbocc.con.015.258/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 11836360.572000.10279
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 Drew Walters County Representative
Phone (970) 319-0475
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 58,234.00
$ -
$ -
$ 58,234.00
Open Space & Trails
Wapiti Meadows Open Space irrigation improvements.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
No
Wapiti Meadows Open Space Irrigation Pipeline
Black Timber Dirt Works, LLC
$ 58,234.00
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ -
$ -
$ -
$ 58,234.00
Formal
Construction
5/5/2025
12/31/2025
New Contract
015.25
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
Project #: 015.25 Rev. 2022.08.04 CDD
NOTICE OF AWARD
Date: May 5, 2025 To: Black Timber Dirt Works, LLC
Josh Rupert, Owner/Operator
PO Box 627 Snowmass, CO 81654 RE: RFP 015.25 - Wapiti Meadows Open Space Irrigation Pipeline
The County, having duly evaluated the Proposal submitted on March 16, 2025 for the work or purchase in response to the Request for Proposal Document titled RFP 015.25 - Wapiti Meadows Open Space Irrigation Pipeline in the amount of Fifty-Eight Thousand Two Hundred Thirty-Four dollars and Zero cents ($58,234.00), and it appearing that the
Price and other information in your Proposal Form is fair, equitable and to the best
interest of the County, hereby accepts and awards the Project to your organization. In accordance with the terms of the Contract Documents, you are required to execute the Contract within ten (10) consecutive days from this Notice of Award or within ten (10)
days following successful Contract negotiations, whichever shall occur sooner.
In addition, you are required to furnish in the said time a complete W-9 along with Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents.
PITKIN COUNTY, COLORADO _____________________________________________________
!#COUNTY REPRESENTATIVE#! Date
Receipt of the above Notice of Award is hereby acknowledged
_____________________________________________________ !#VENDOR SIGNATURE#! Date
Drew Walters
Agriculture Specialist
May-13-2025
May-21-2025
Owner Black Timber Dirt Works LLC
Josh Rupert
Contract # 015.25 Rev. 2022.08.04 CDD
1
PITKIN COUNTY CONSTRUCTION CONTRACT
THIS CONTRACT, made May 5, 2025 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 Black Timber Dirt Works, LLC, PO Box 627, Snowmass, CO 81654 (hereinafter
called the “Contractor”) to perform the following work: Wapiti Open Space Irrigation Pipeline
(“Project”).
I. Term of Contract: The term of this Contract is from May 5, 2025 to December 31, 2025.
II. Scope of Work and Work Schedule:
A. Scope of Work: Contractor will complete the irrigation pipeline installation and
improvements described in County RFP 015.25 (“Attachment A”) pursuant to the
terms outlined in Contractor’s Proposal (“Attachment B”).
B. All work performed under this Contract shall be done according to the following
work schedule:
1) Contractor will begin work as soon as possible and in compliance
with the terms of Attachment B. All work should be completed by
12/31/2025.
2) In the event that there is a change to the expected timeline for
performance, it must be agreed to in advance by the Project Lead, Drew
Walters.
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 Fifty-Eight Thousand Two Hundred
Thirty-Four dollars and Zero cents ($58,234.00) in accordance with this Contract, subject
to increase or decrease in accordance with the provisions of this Contract; but any payment
by the County may be offset by any amount the Contractor owes the County for any reason.
A. Payment Procedures
1) Contractor shall submit applications for payment monthly for work
done to date.
2) Progress payments for Contracts exceeding one hundred fifty
thousand dollars ($150,000.00)
Contract # 015.25 Rev. 2022.08.04 CDD
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a. County shall make progress payments, within thirty (30) days of
County’s approval of Contractor’s pay request.
b. In accordance to amend Section 2 Colorado Revised Statutes
(C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty
thousand dollars ($150,000.00) and if the Contractor is satisfactorily
performing this Contract, progress payments shall be in an amount
equal to ninety-five percent (95%) of the calculated value of
completed Project work. If, in the opinion of the Project Lead and
County, satisfactory progress is not being made on the Project, or if
claims are filed under Section C.R.S. § 38-26-107, as amended,
County may retain such additional amounts as County may deem
necessary to assure completion of the Project or to pay such claims
and any Project Lead’s and attorney’s fees reasonably incurred or to
be incurred by County in defending or handling such claims. The
withheld percentage of the Contract Price shall be retained until the
Project is completed satisfactorily and finally accepted by County in
accordance with the provisions of this Contract. Progress payments
shall not constitute final acceptance of the Project.
3) County shall make final payment, including release of retainage, to
Contractor in accordance with this Contract and Section C.R.S. § 38-26-
107, as amended.
IV. Contractor Obligations:
A. Supervision and Superintendence
1) The Contractor shall supervise and direct the Project competently
and efficiently devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Project in accordance with this
Contract. The Contractor shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The
Contractor shall be responsible to see that the finished Project compiles
accurately with this Contract.
2) The Contractor shall appoint and identify to the County and Project
Lead, a competent on-site superintendent to be kept on the Project at all
times during its progress and who shall not be replaced without written
notice to the County and the Project Lead except under extraordinary
circumstances. The superintendent will be the Contractor’s representative
at the site and shall have authority to act on behalf of the Contractor. All
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
Contract # 015.25 Rev. 2022.08.04 CDD
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the Project Lead, whether initially or as a substitute) against whom the
County or the Project Lead may have reasonable objection.
2) The identity of subcontractors, suppliers or other persons or
organizations including those who are to furnish the principal items of
materials and equipment must be submitted to the County in advance of any
work performed or materials supplied under this Contract for acceptance by
the County and the Project Lead. No acceptance by the County or the Project
Lead of any such subcontractor, supplier or other person or organization
shall constitute a waiver of any right of the County or the Project Lead to
reject defective Project work.
3) The Contractor shall be fully responsible to the County and the
Project Lead for all acts and omissions of the subcontractors, suppliers and
other persons and organizations performing or furnishing any of the Project
work under a direct or indirect contract with Contractor just as Contractor
is responsible for Contractor's own acts and omissions. Nothing in this
Contract shall create any Contractual relationship between the County or
the Project Lead and any such subcontractor, supplier or other person or
organization, nor shall it create any obligation on the part of the County or
the Project Lead to pay or to see to the payment of any moneys due any such
subcontractor, supplier or other person or organization except as may
otherwise be required by laws and regulations.
4) All Project work performed for Contractor by a subcontractor will
be pursuant to an appropriate contract between the Contractor and the
subcontractor which specifically binds the subcontractor to the applicable
terms and conditions of this Contract for the benefit of the County and the
Project Lead.
C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties
and assume all costs incident to their use in the performance of the Project or the
incorporation in the Project of any invention, design, process, product or device
which is the subject of patent rights or copyrights held by others. Contractor shall
indemnify and hold harmless the County and the Project Lead and anyone directly
or indirectly employed by either of them from and against all claims, damages,
losses and expenses (including attorney's fees and court costs) arising out of any
infringement of patent rights or copyrights incidental to the use in the performance
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
Contract # 015.25 Rev. 2022.08.04 CDD
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connections to the Project, and the County shall pay all charges of such utility
owners for capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply with
all federal, state, and local laws, ordinances, rules, and regulations applicable to
furnishing and performance of the Project including rules, regulations, and
ordinances the County promulgates at any time. Except where otherwise expressly
required by applicable laws and regulations, neither the County nor the Project Lead
shall be responsible for monitoring the Contractor's compliance with any Laws or
Regulations.
F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales, consumer, use and other similar taxes whether direct or indirect. Federal
excise tax may not apply to materials purchased by the County. The Contract price
shall include all other federal, state, and/or local direct or indirect taxes, which do
apply. The Contract price shall include the cost of compliance with all other Federal
Laws and Regulations at no additional cost to the County (except as provided in
this Contract). The Contractor shall not be reimbursed separately for any taxes,
which may apply except as provided in this Contract, and the Contractor shall be
responsible for all taxes, which may apply. The County is tax exempt from Federal
Excise Tax and Colorado State or local sales or use taxes. The Contractor and its
subcontractors shall apply to the Colorado Department of Revenue for a Certificate
of Exemption indicating that the Contractor or subcontractor's purchase of
construction material or building materials is for use in a building, structure, or
other public work owned and used by the County.
G. Use of Premises.
1) The Contractor shall confine construction equipment, the storage of
materials and equipment and the operations of workers to the Project site
and land and areas permitted by this Contract, law, ordinances, and permits.
The Contractor shall assume full responsibility for any damage to any such
land or area, or to the County or occupant thereof or of any land or areas
contiguous thereto, resulting from the performance of the Project. Should
any claim be made against the County or the Project Lead by any such
owner or occupant because of the performance of the Project, Contractor
shall promptly settle with such other party. The Contractor shall, to the
fullest extent permitted by Laws and Regulations, indemnify and hold the
County harmless from and against all claims, damages, losses and expenses
(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
Contract # 015.25 Rev. 2022.08.04 CDD
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Contractor shall remove all waste materials, rubbish and debris from and
about the premises as well as all tools, appliances, construction equipment
and machinery, temporary structures, stumps or portions of trees, and
surplus materials, and shall leave the site clean and ready for occupancy by
the County. The Contractor shall restore to original condition all property
not designated for alteration by this Contract.
3) The Contractor shall not load or permit any part of any structure to
be loaded in any manner that will endanger the structure, nor shall the
Contractor subject any part of the Project or adjacent property to stresses or
pressures that will endanger it.
H. Safety and Protection.
1) The Contractor shall be solely responsible for initiating,
maintaining and supervising all safety precautions and programs in
connection with the Project. The Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
a. All employees in the Project area and other persons and
organizations who may be affected thereby;
b. All the Project materials and equipment to be incorporated therein,
whether in storage on or off the site; and
c. Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, road-ways, structures, utilities and
underground facilities not designated for removal, relocation or
replacement in the course of construction.
2) The Contractor shall be required to assume sole and complete
responsibility for job site conditions during the course of construction of the
Project, including the safety of all persons who may enter on the job site for
any reason and the security of all property located on the job site. This
requirement shall apply at all times during the course of the Contract and
not only to normal Project work hours.
3) The Contractor shall at all times conduct the Project in such manner
as will incur the least practicable interference with traffic and existing utility
systems. No section of any road shall be closed to the public, nor any utility
system put out of service except after permission, has been granted by the
Project Lead. Each item of the Project shall be prosecuted to completion
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
Contract # 015.25 Rev. 2022.08.04 CDD
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highways. The Contractor shall bear all expense of maintaining
traffic over the section of road affected by the Project to be done
under this Contract, and of constructing and maintaining such
approaches, crossing, intersections and any necessary features
without direct compensation, except as otherwise provided.
b. The Contractor shall provide, erect and maintain all necessary
barricades, signs, danger signals and lights to protect the Project and
the safety of the public. The Contractor’s responsibility for
necessary barricades, signs, and lights shall not cease until the
Project has been accepted.
I. Shop Drawings and Samples.
1) After checking and verifying all field measurements and after
complying with applicable procedures specified in this Contract, the
Contractor shall submit to the Project Lead for review and approval in
accordance with the approved schedule of shop drawing submissions, three
(3) copies (unless otherwise specified) of all shop drawings, which will bear
a stamp or specific written indication that the Contractor has satisfied the
Contractor's responsibilities under this Contract with respect to the review
of the submission. All submissions will be identified as the Project Lead
may require. The data shown on the shop drawings will be complete with
respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to enable the Project Lead to review the
information as required.
2) The Contractor shall also submit to the Project Lead for review and
approval with such promptness as to cause no delay in Project, all samples
required by this Contract. All samples will have been checked by and
accompanied by a specific written indication that the Contractor has
satisfied the Contractor's responsibilities under this Contract with respect to
the review of the submission and will be identified clearly as to material,
supplier, pertinent data such as catalog numbers and the use for which
intended.
3) Before submission of each shop drawing or sample, the Contractor
shall have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto; and reviewed or coordinated each shop
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.
Contract # 015.25 Rev. 2022.08.04 CDD
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5) Where a shop drawing or sample is required by the specifications,
no related Project work shall be commenced prior to the Project Lead’s
review and approval of the shop drawing or samples.
6) The cost of furnishing all shop drawings and samples shall be borne
by Contractor.
V. Performance and Payment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of one half
of the total Contract value for all Contracts over fifty thousand dollars ($50,000.00),
as required by C.R.S. § 38-26-105, et seq. all Bonds shall be in the form acceptable
to the County. All Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state or it ceases to meet
the requirements of paragraph A of this Section, Contractor shall within five (5)
days thereafter substitute another Bond and Surety, both of which must be
acceptable to the County.
VI. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, volunteers, and any jurisdiction or agency issuing permits for any work
included in the project, hereinafter referred to as indemnitee, from all suits and claims,
including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or
claims of any character or any nature arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered
under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that
the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this Contract of indemnity applies. In consideration of the
award of this Contract, the Contractor agrees to waive all rights of subrogation against
the County its subsidiary, parent, associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County.
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
Contract # 015.25 Rev. 2022.08.04 CDD
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arise from or in connection with the performance of the work hereunder by the Contractor,
its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract. The policies shall include,
or be endorsed to include, the following provision: On insurance policies where the
County is named as an additional insured, the County shall be an additional insured to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to
protect the Contractor from liabilities that might arise out of the performance of the work
under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved
of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types.
Commercial General Liability Completed Operations coverage must be kept in effect for
up to three (3) years after completion of the project.
A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of
liability not less than those stated below. An umbrella and/or excess liability policy
may be used to meet the minimum liability requirements provided that the coverage
is written on a “following form” basis.
1) Statutory Workers’ Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers’ Compensation Act, AND when
such contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Minimum Limits:
Coverage A (Workers’ Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
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
Contract # 015.25 Rev. 2022.08.04 CDD
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Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal / Advertising Injury
• Products / Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed under contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: “County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations”.
3) Auto Liability: Bodily injury and property damage for any owned,
hired, and non-owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage (Each Accident) $ 1,000,000
4) Contractors Pollution Liability: The County requires this coverage
whenever work at issue under this Contract involves potential pollution risk
to the environment or losses caused by pollution conditions (including
asbestos) that may arise from the operations of the Contractor described in
the Contractor’s scope of services. Policy shall cover the Contractor’s
completed operations. Contractors Pollution Liability coverage (including
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
Contract # 015.25 Rev. 2022.08.04 CDD
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applicable to coverage under the policy precedes the effective date of this
Contract; and that continuous coverage will be maintained or an extended
discovery period will be exercised for a period of three (3) years beginning
from the time that work under this Contract is completed.
a. The policy shall be endorsed to include the following as Additional
Insureds: “Pitkin County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of
the activities performed by, or on behalf of the Contractor, including
completed operations”.
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
5) Professional Liability: The Contractor shall maintain Professional
Liability covering wrongful acts, errors and/or omissions, including design
errors, if applicable, for damage sustained by reason of or in the course of
operations under this Contract resulting from professional services provided
by the Contractor as part of the Contract. Contractors Professional Liability
(Errors and Omissions) policy must be kept in effect during the project and
for up to three (3) years after completion of the project.
The policy/coverages shall be amended to include the following:
a. Coverage shall apply for three (3) years after project is complete.
b. Policy is to be on a primary basis; if other professional coverage is
carried.
Per Loss $ 1,000,000
Aggregate $ 2,000,000
6) Builders Risk Insurance or Installation Floater – Completed Value
Basis
Unless otherwise provided, the Contractor shall purchase and maintain, in
a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, Builders' Risk Insurance in the
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
Contract # 015.25 Rev. 2022.08.04 CDD
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transported to the construction installation site, or awaiting
installation, whether on or off site.
b. Such Builders' Risk Insurance shall be maintained, unless otherwise
provided in the Contract Documents or otherwise agreed in writing
by all persons and entities who are beneficiaries of such insurance,
until final payment has been made or until no person or entity other
than the County’s has insurable interest in the property to be
covered, whichever is later.
c. The Builders' Risk insurance shall include interests of the County
and if applicable, affiliated or associate entities, the General
Contractor, subcontractors and sub-tier contractors in the Project.
d. The Builders' Risk Coverage shall be written on a Special Covered
Cause of Loss form and shall include theft, vandalism, malicious
mischief, collapse, false-work, temporary buildings, transit, debris
removal including demolition, increased cost of construction,
architect’s fees and expenses, flood (including water damage),
earthquake, and if applicable, all below and above ground structures,
piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and
excavation, backfilling, filling, and grading.
e. The Builders’ Risk shall include a Beneficial Occupancy
Clause. The policy shall specifically permit occupancy of the
building during construction. Contractor shall take reasonable steps
to obtain consent of the insurance company and delete any
provisions with regard to restrictions within any Occupancy Clauses
within the Builder’s Risk Policy. The Builder’s Risk Policy shall
remain in force until acceptance of the project by the County.
f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall
be included as required by the Contract Documents or by law, which
shall specifically cover insured equipment during installation and
testing (including cold and hot testing).
g. The deductible shall not exceed $25,000 and shall be the
responsibility of the Contractor except for losses that involve all
Acts of God such as flood, earthquake, windstorm, tsunami,
volcano, etc.
7) Special Coverages (check as appropriate and insert amount):
a. ☒ Performance Bond $ 29,117.00
i. ☐ Labor and Material $
ii. ☐ Payment Bond $
b. ☐ Professional Errors and Omissions
c. ☐ Aircraft Liability
d. ☐ Owner’s Protective
Contract # 015.25 Rev. 2022.08.04 CDD
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e. ☐ Boiler and Machinery
f. ☐ Loss of Use Insurance
g. ☐ Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty (30) days prior written notice has been
given to the County, except when cancellation is for non-payment of
premium, then ten (10) days prior notice may be given. Such notice shall
be sent directly to Pitkin County Procurement 530 E Main Street, Suite
#304, Aspen, CO 81611. If the insurance carrier will not provide the
required notice, the Consultant/Contractor and or its insurance broker shall
notify the County of any cancellation, or reduction in coverage or limits of
any insurance within seven (7) days of receipt of insurers’ notification to
that effect. Simultaneously with the Certificates of Insurance, the Contractor
shall file with the Project Lead a certified statement as to claims pending
against the required coverages, reserves established on account of such claims,
defense costs expended and amounts remaining on policy limits.
2) In addition, these Certificates of Insurance shall contain the following
clauses:
a. The Contractor’s insurance shall be primary and non-contributory
with any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles or self-insured retentions in the above-
described insurance policies shall be assumed by and be for the
amount of, and at the sole expense of the Contractor.
d. Location of operations shall be: “all operations and locations at which
work for the referenced Project is being done.”
3) Certificates of Insurance for all renewal policies shall be delivered to
the Procurement Department at procurement@pitkincounty.com, at least
fifteen (15) days prior to a policy’s expiration date except for any policy
expiring on the expiration date of this Contract or thereafter.
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.
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Pitkin County is exempt from such taxes under registration numbers 98-02624 and
84-78000-5K.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be
employed to perform the Project to the extent of not less than eighty percent (80%)
of each type or class of labor employed on such project; except for highway
construction, which is subject to C.R.S. § 43-2-208, which provides that all laborers
shall be bona fide residents of Colorado with a preference to residents of the County
where the Project is performed.
IX. Protection and Restoration of Property and Landscape; Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
1) The Contractor shall be responsible for the preservation of all public
and private property and shall carefully protect from disturbance or damage
all land and property, as well as any monuments and property marks until
the Project Lead has witnessed or otherwise referenced their location and
shall not remove them until directed.
2) The Contractor shall be responsible for all damage or injury to
property of any character, during the prosecution of the Project, resulting
from any act, omission, neglect, or misconduct in its manner or method of
executing the Project, or at any time due to defective Project work or
materials, and said responsibility shall not be released until the project shall
have been completed and accepted.
3) When or where any direct or indirect damage or injury is done to
public or private property by or on account of any act, omission, neglect, or
misconduct by the Contractor in the execution of the Project, or in
consequence of the non-execution thereof by the Contractor, it shall restore,
at its own expense, such property to a condition similar or equal to that
existing before such damage or injury was done, by repairing, rebuilding,
or otherwise restoring as may be directed, or it shall make good such
damage or injury in an acceptable manner.
4) Materials storage, equipment parking, vehicle parking and
stockpiling excavated materials shall be allowed only in those areas
designated by the Project Lead.
5) If the Contractor disturbs any of the landscape not called for
removal, it shall restore those areas as directed by the Project Lead at the
Contractor's expense.
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.
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X. County Work at the Project Site.
A. The County may perform other work related to the Project at the site by the
County’s own forces, have other work performed by utility owners or let other
direct contracts therefor which shall contain terms similar to these. The Contractor
shall perform and coordinate its activities with other contractors to avoid conflict
and minimize disruptions.
B. The Contractor shall afford each utility owner and other contractor who is a party
to such a direct contract (or the County if the County is performing the additional
work with the County's employees) proper and safe access to the site and a
reasonable opportunity for the introduction and storage of materials and equipment
and the execution of such work, and shall properly connect and coordinate the work
with theirs. The Contractor shall do all cutting, fitting and patching of the Project
that may be required to make its several parts come together properly and integrate
with such other work. The Contractor shall not endanger any work of others by
cutting, excavating or otherwise altering their work and will only cut or alter their
work with the written consent of Project Lead and the others whose work will be
affected. The duties and responsibilities of Contractor under this paragraph are for
the benefit of such utility owners and other contractors to the extent that there are
comparable provisions for the benefit of the Contractor in said direct contracts
between the County and such utility owners and other contractors.
C. If any part of the Contractor's Project depends for proper execution or results upon
the work of any such other contractor or utility owner (or the County), the
Contractor shall inspect and promptly report to the Project Lead in writing any
delays, defects or deficiencies in such work that render it unavailable or unsuitable
for such proper execution and results. The Contractor's failure to report such
conditions will constitute an acceptance of the other work as fit and proper for
integration with the Contractor's Project except for latent or non-apparent defects
and deficiencies in the other work.
XI. Changes in the Project and Use of Change Orders.
A. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder.
1) The Project Lead shall issue a notice informing the Contractor of a
planned change in the Project and requesting the Contractor's detailed price
proposal and adjusted schedule of work. The Contractor shall submit a
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
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Change Request”. If the Contractor: (i) receives any oral or written instructions,
directives or interpretations of Contract Documents, or determinations from the
Project Lead or, (ii) identifies what it believes are design errors or omissions in the
Contract Drawings or Specifications, or (iii) encounters a differing site condition;
or, (iv) is delayed in the progress of the Project; or, (v) becomes aware of any other
matter or circumstance which it believes would require a change in the Contract
Price or Contract Time, the Contractor shall give the Project Lead prompt written
notice of such matters.
1) All Contractor change requests shall be dated, numbered
sequentially, and shall describe the action or event which the Contractor
believes may require an extension in time, price or other modification. The
Contractor shall also provide descriptions of possible Contractor actions or
solutions to minimize the cost of the Contractor change request and, provide
an estimate of the adjustment in the Contract Price and/or Contract Time,
which it believes is appropriate.
2) Contractor Time Requirements
a. With respect to orders, instructions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this
Contract, a Contractor change request shall be submitted before the
Contractor acts on them, but in no event more than ten (10)
consecutive calendar days after they were received or discovered.
b. With respect to any differing site conditions, a Contractor change
request shall be submitted before the conditions are disturbed, but in
no event more than ten (10) consecutive calendar days after the
conditions are first discovered.
c. With respect to delays, a Contractor change request shall be
submitted as soon as the Contractor has knowledge of the delay, but
in no event more than ten (10) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the Contractor
believes would require a change, including delays, a Contractor
change request shall be submitted as soon as the Contractor has
knowledge of the matter or circumstance, but in no event more than
ten (10) consecutive calendar days after the Contractor becomes
aware of such circumstance or matter.
3) Submittal Requirements and Waiver of Claims
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.
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b. The Contractor shall, at the time a Contractor change request is
submitted provide the Project Lead with a complete and itemized
proposal of Contract price and time adjustments. The proposal shall
also contain a detailed explanation, citing all applicable provisions
in this Contract, which supports the Contractor change request. If
the Contractor does not submit its itemized proposal within the time
described above or within such extension, which the Project Lead,
in his/her discretion may have granted in writing, it waives any
claim for an adjustment in the Contract price or Contract time arising
out of the act or event described in the Contract change request.
c. If a Contractor change request is denied by the Project Lead, in
whole or in part, any claim for an increase in the Contract price or
Contract time arising out of the act or event described in the
Contractor change request is waived unless the Contractor timely
complied with the provisions of paragraphs 2(a-d) of this Section.
XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of
Defective Project Work
A. Warranty.
1) The Contractor warrants and guarantees to the County that all Project
work, whether supplied, furnished, installed, provided, or performed by
Contractor, a subcontractor, or supplier, will be in accordance with this
Contract and will not be defective and that all Project work shall be performed
in a skillful and workmanlike manner. Additionally, the Contractor shall
warrant that all equipment which is incorporated into the Project or any
subsystem shall be new, free from liens and defects in design, have clear title,
be free from faulty materials and workmanship, and shall conform in all
aspects to the terms of this Contract, to the drawings issued for manufacture
by the Contractor, and shall be in conformance with the those technical
specifications provided in Section II (Scope of Work) of this Contract and
Contractor's Proposal. Except where longer periods of warranty are indicated
for certain items, Contractor warrants Project work, whether furnished,
installed, provided, performed or supplied by Contractor, a subcontractor or
supplier, to be free from faulty materials and workmanship and that each piece
of equipment or any part thereof incorporated into the Project or any
subsystem shall conform to the aforementioned warranty and guarantee
provisions and be free from failure for a period of not less than two (2) years
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:
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a. Obtain all warranties that would be given in normal commercial practice. To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty exceeds the minimum County
requirements as set forth in this Section or elsewhere in this Contract, the subcontractor's, manufacturer's, or supplier's standard warranty shall apply. b. Require all warranties to be executed, in writing, for the benefit of the County, if directed by the Project Lead; or
c. Enforce all warranties for the benefit of the County, if directed by the Project Lead. d. Assign all warranties and guarantees in writing to the County upon the request of the County. B. Access to Project. The Project Lead and the Project Lead’s representatives,
other representatives of the County, testing agencies and governmental agencies with jurisdictional interests shall have access to the Project, at any time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. C. Tests and Inspections.
1) The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and approval tests for the work performed by the Contractor or its subcontractor. 2) If any laws, ordinances, rules, regulations, code or order of any public body having jurisdiction requires any Project work (or part thereof) to
specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Project Lead the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection
with any inspection or re-testing required in connection with the County’s or
the Project Lead’s acceptance of a supplier of materials or equipment proposed to be incorporated in the Project, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Project. The cost of all inspections, testing, re-testing and approvals in addition
to the above which are required by this Contract shall be paid by the Contractor
(unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place, and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter. 3) All inspections, tests or approvals other than those required by laws,
ordinances, rule, regulations, code, or order of any public body having
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.
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5) Neither observations by the Project Lead nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Project in accordance with this Contract.
D. Correction or Removal of Defective Work. If required by the Project Lead or the County, the Contractor shall promptly, as directed, either correct all defective Project work, whether or not fabricated, installed or completed, or, if the Project work has been rejected by the Project Lead or the County, remove it from the site and replace it with non-defective Project work. The Contractor shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. E. Correction Period. If within two (2) years after the date of Final Payment or such longer period of time as may be prescribed by laws or by the terms of any applicable
special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Project work is found to be defective, the Contractor shall promptly without cost to County and in accordance with County's written instructions, either correct such defective Project work, or, if it has been rejected by County, remove it from the site and replace it with non-defective Project work. If the
Contractor does not promptly (within seven (7) days from receipt) comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the defective Project work corrected or the rejected Project work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges
of engineers, architects, attorneys and other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Project work, other property, or person, which occurred as a result of the defective Project work. F. County May Correct Defective Work. If the Contractor fails within ten (10)
consecutive calendar days after written notice of the Project Lead or the County to
proceed to correct and to correct defective Project work or to remove and replace rejected Project work as required by the Project Lead or the County in accordance with paragraph D of this Section, or if the Contractor fails to perform the Project work in accordance with the Contract Documents, or if the Contractor fails to comply with
any other provision of the Contract Documents, the County may, after seven (7) days'
written notice to the Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to the extent necessary to complete corrective and remedial action. The County may exclude the Contractor from all or part of the site, take possession of all
or part of the Project, and suspend the Contractor's services related thereto, take
possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Project all materials and equipment stored 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
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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 December 31, 2025. Liquidated damages of Zero dollars and Zero cents ($0.00) per calendar day shall be paid if project is not completed by that deadline. A. Time for Completion. It is hereby understood and mutually agreed, by and between
the Contractor and the County, that the date of beginning Project work and the time of completion as specified herein are essential conditions of the Contract. The Contractor agrees that said Project shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed, by and between the Contractor and the County, that
the time(s) for completion of the Project described herein are reasonable time(s) for the completion of the Project, taking into consideration the average climatic conditions prevailing in the locality of the Project. B. Time is of the Essence to the Contract. It is further agreed that time is of the essence in completing the Project, and that the Project Work Schedule and all dates
set forth therein and where in this Contract, an additional time is allowed for the completion of the Project, the new time limit fixed by such extension shall be of the essence of the Contract. C. Liquidated Damages. Completion of the Project is of paramount importance to the
County. If any portion of the Project is not completed in accordance with any time
extensions granted by the County, the County will suffer damage, the extent of which will be impractical and extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is hereby agreed that the Contractor shall pay to the County the liquidated damage amounts specified in the Contract. This
particular provision shall not be construed as a penalty upon said Contractor for failing
fully to complete said Project as agreed in the Proposal and this Contract nor is it intended, but as Liquidated Damages to compensate the County for all costs incurred as a result of such breach of Contract. D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays", as contained in paragraph E of this Section, the Contractor
expressly agrees to pay the County as a reasonable estimate of just compensation for damages contemplated with the clause, the amount set forth as liquidated damages for each consecutive calendar day that completion is delayed in the construction of the Project.
E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party
hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or
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cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or
overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision, except the County, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning,
earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the
difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. F. Cumulative Remedy. The liquidated damages referred to herein are intended to be
and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under Contract. XIV. Termination of Contract A. The County may terminate this Contract upon the occurrence of any one or more of
the following events: 1) If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or
otherwise under any other federal or state law in effect at such time relating to
the bankruptcy or insolvency; 2) If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor
under any other federal or state law in effect at the time relating to bankruptcy
or insolvency; 3) If the Contractor makes a general assignment for the benefit of creditors; 4) If a trustee, receiver, custodian or agent of Contractor is appointed
under applicable law or under Contract, whose appointment or authority to
take charge of property of Contractor is for the purpose of enforcing a Lien 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;
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6) If the Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction. B. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the
County’s property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory Project work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor.
XV. Independent Contract Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the
schedule defined under this Contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor’s obligations under this Contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers’ Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income
taxes.
F. The Contractor shall be required to complete and submit to the County, a Form W-9 Taxpayer Identification Number Request. XVI. Computation of Time.
A. When any period of time is referred to in this Contract by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such 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
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Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated and updated weekly to show all changes made during construction. These record documents together with all approved samples will be
available to the Project Lead for reference. Upon completion of the Project, these record documents and samples will be delivered to the Project Lead for the County. B. The Contractor shall maintain all data and records pertinent to the Project performed under this Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of three (3)
years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of this Contract. The County shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any subcontractor utilized in the
performance of this Contract permit the authorized representatives of the County to similarly inspect and audit all data and records of said subcontractors relating to the performance of said subcontractors under this Contract for the same time period. C. If this Contract is completely or partially terminated, the records relating to the Project terminated shall be made available for three (3) years after any resulting final
termination payment. D. Records pertaining to appeals or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims.
XVIII. Miscellaneous. A. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. B. Severability. If any term, section, or other provision of this Contract shall, for any
reason, be held to be invalid or unenforceable, the invalidity or unenforceability of
such term, section, or other provision shall not affect any of the remaining provisions of this Contract, and to this end, each term, section and provision of this Contract shall be severable. C. Integration and Modification. This Contract represents the entire and integrated
Contract between the County and the Contractor and supersedes all prior negotiations,
representations, or contract, either written or oral. This Contract may be amended only by written Contract signed by both the County and the Contractor. D. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue
is agreed to be exclusively in the courts of Pitkin County, Colorado.
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,
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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: Drew Walters
530 E. Main Street
Aspen, CO 81611 Email: drew.walters@pitkincounty.com
with copies to: Pitkin County Attorney’s Office
530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com
To Contractor: Black Timber Dirt Works, LLC
PO Box 627
Snowmass, CO 81654 Phone: (970) 948-5683
Email: josh@blacktimberexcavation.com
I. Waiver. No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this
Contract.
XIX. Contractor’s Representations. A. In order to induce County to enter into this Contract, Contractor makes the following representations:
1) Contractor has familiarized himself with the nature and extent of this
Contract, Project, locality, and with all local conditions and federal, state,
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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.
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above.
BLACK TIMBER DIRT WORKS, LLC
________________________________________________ !#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL:
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
DIRECTOR APPROVAL:
________________________________________________ !#SECTION LEADER#! Date
COUNTY MANAGER APPROVAL:
________________________________________________ !#COUNTY MANAGER#! Date
Drew Walters
Agriculture Specialist
May-13-2025
May-13-2025
Pitkin County Open Space and Trails Director
Gary Tennenbaum
May-21-2025
Josh Rupert
Owner Black Timber Dirt Works LLC
Rich Englehart
May-21-2025
Deputy County Manager
RFP 015.25 Rev. 2024.11.25 CDD Budget Line Item #: 11836360.572000.10279
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PUBLIC NOTICE
Pitkin County is accepting proposals to provide WAPITI MEADOWS OPEN SPACE IRRIGATION PIPELINE.
More information is available online at www.BidNetDirect.com/Colorado.
Any and all questions, or requests for clarification, must be submitted by 4:00 PM MT on February 7, 2025. Questions and requests for clarification will only be accepted via email at procurement@pitkincounty.com.
Proposal documents must be uploaded to the BidNet Direct website no later than 2:00 PM MT on March 7, 2025.
Published in the Aspen Daily News: 1/20/2025 and 1/27/2025.
Attachment A
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PITKIN COUNTY WAPITI MEADOWS OPEN SPACE IRRIGATION PIPELINE Table of Contents REQUEST FOR PROPOSAL I. INTRODUCTION 3 II. COUNTY BACKGROUND 3
III. SCOPE OF WORK 4 A. PROJECT OVERVIEW 4 B. SPECIFICATIONS 4 C. ADDITIONAL INFORMATION 5 IV. SELECTION PROCESS 5
A. SUBMITTALS 5 B. TIME SCHEDULE 7 C. EVALUATION CRITERIA AND WEIGHING 7 D. SELECTION COMMITTEE 8 E. CONTRACT 9
PROPOSAL FORM 10 INSTRUCTIONS TO PROPOSERS 12
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REQUEST FOR PROPOSALS WAPITI MEADOWS OPEN SPACE IRRIGATION PIPELINE GENERAL INFORMATION TO PROPOSERS
ISSUED: January 14, 2025 DUE: March 7, 2025 by no later than 2:00 PM MT I. INTRODUCTION Pitkin County (hereinafter called the “County”) is qualifying interested parties for
the provision of irrigation pipeline installation at the Wapiti Meadows Open Space located at the following coordinates: 39.245770, -106.868098, between Woody Creek and Aspen, CO, accessible via McLain Flats Rd. The County will award a one-year contract.
II. COUNTY BACKGROUND Covering 975 square miles, Pitkin County is located in the heart of the White River National Forest, surrounded by the spectacular peaks of the central Rocky Mountains. Pitkin County is located in Colorado with the county seat of Aspen.
Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old Snowmass, Meredith, Thomasville, Redstone and portions of the town of Basalt. As public servants, we work in the public trust to ensure quality of life and experience in Pitkin County for present and future generations.
Organizational Values: Pitkin County embraces the following values to promote public trust and confidence in County Government. Stewardship: We strive to leave our natural environment, community, public assets, and organization in better condition than we found them for current and
future generations. Ethics: We hold ourselves to high standards of honesty and dependability in the conduct of County business. Excellence: We are committed to providing quality services that are accessible, accurate and innovative to meet our community’s needs.
Collaboration: We work together as employees and with citizens and other
government, non-profit and private sector organizations helping each other succeed in promoting and achieving the public’s goals.
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Open Communication: We are committed to listening to our citizens and partners and to giving accurate and timely information. Positive Work Environment: We appreciate dedicated and knowledgeable
employees and support their professional and personal growth. Additional information about the County may be found on the County’s website at: https://pitkincounty.com/DocumentCenter/View/21997/PC_brochure_2020_FFO_digital
III. SCOPE OF WORK A. PROJECT OVERVIEW Wapiti Meadows Open Space comprises of agricultural leased land with associated water rights from the Salvation Ditch. The project comprises of two main components:
1. Screen Box Installation – screen box will need to be tied into the capped pipe near the Salvation Ditch Splitter box. 2. Pipeline Installation – tie in 8” piping from the screen box and include a T/stub-out to provide irrigation access to neighboring parcel. We would like proposals to include two bids for this project, however proposals will be
accepted with either Bid A or Bid B. Detailed below: a. Bid A – Pipe from screen box to existing ditch (approx. 500 ft) and install a box to relieve pressure prior to water entering into existing ditch. b. Bid B – Pipe from screen box to Wapiti Meadows field (approx. 2,500
ft) and install 6 irrigation risers in the field.
B. SPECIFICATIONS The project scope can be broken into three main objectives, preliminary drawing can be found in Attachment A: Screen Box Installation: Procure and install a screen box. Tie into the existing pipe for water entry and install drain pipe and irrigation pipeline tie ins. This phase of the project will include working with Sopris Engineering and Pitkin County staff throughout the process. Pipeline Installation: Procure and install pipeline from the screen box to existing ditch or Wapiti Meadows.
• Bid A will include a box installed in an existing ditch to relieve pipeline
pressure prior to entering into the ditch, as well as a valve to control flow.
• Bid B will include buried pipeline to the property, following the existing ditch
easement.
This phase of the project will include working with Sopris Engineering and Pitkin County staff throughout the process.
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Riser Installation (Bid B only): Procure and install 6 risers throughout Wapiti Meadows Open Space to provide access to water for a big gun cart, to irrigate the property. This phase of the project will include working with Pitkin County staff
throughout the process. Anticipated project start and completion dates: Start Date: March 2025; End Date: December 2025
C. ADDITIONAL INFORMATION It is the Contractors responsibility to provide any and all safety equipment and/or managerial oversight necessary to perform all work in a safe and workman-like manner. Pitkin County reserves the right to enter the working site for periodic checks of safe working environments, as applicable.
Pitkin County expects that any Contractor providing goods or services will do so in compliance with Pitkin County policies, including, but not limited to, tobacco use policies, public health orders, permitting requirements, construction ordinances, building access and safety requirements, and Pitkin County standards of conduct.
Pitkin County’s elected Board of County Commissioners have identified climate action and carbon footprint reduction as a priority for County projects. Pitkin County encourages all proposers to be environmentally conscious when preparing their proposal documents, making travel plans, printing materials, selecting fleet
vehicles, designing/updating facilities systems, qualifying subcontractors, investing, and/or any other business activities wherever a less environmentally impactful solution may or could exist.
IV. SELECTION PROCESS
The County is required by the terms of the Pitkin County Procurement Code to conduct a competitive selection process to select a Contractor for the above-described proposal. This process shall be through formal proposals submitted in response to this Request for Proposals.
A. SUBMITTALS 1. Proposer shall submit proposals for this Service as outlined in the Request for Proposals and Scope of Services, or an alternately developed plan as developed by Proposer in response to and in accordance with this Request for Proposals and
Information to Proposers attached hereto.
Proposal Format: Each response shall be 8½” X 11” in size. Font, Times New Roman, size shall be no smaller than 12 point. A sample contract has been included for review and Template Contract revisions, if any, must be uploaded as a separate
file with any changes clearly highlighted. Template Contract change requests will
not be reviewed until scoring has been completed and, as such, any information that could be considered material to your proposed response to the solicitation should
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not be included in the sample Contract. Proposals may include pages up to 11”x17” size, as needed.
a. The proposal must contain name, address, daytime phone number(s), and e-mail address for person(s) to whom additional selection process requests should be communicated; b. A proposed approach (basic description of how Proposer will
proceed with this Service), timetable for the Service, and proposed method of compensation for services rendered; c. A statement of Qualifications of the Proposer and any subcontractors anticipated to perform under the awarded contract;
d. References, especially those for significantly similar projects with local governments; e. A completed Proposal Form (may indicate “In Attached
Documents” for Approach and Qualifications/References sections of the provided Proposal Form, if desired. The Proposal Form, however, will not be considered complete if any and all addenda are not acknowledged and the form has not been signed);
f. List of all subcontractors (including qualifications); g. Fee schedule of standard rates for any work that may not be included in provided Scope of Work, as applicable
2. Proposer may be required to supply additional information upon request, or to make additional submissions under secondary selection criteria, if necessary.
3. Any and all questions or comments shall be submitted via email to
procurement@pitkincounty.com no later than 4:00 PM MT on February 7, 2025. All requests must have the email subject line, “RFP 015.25 – Wapiti Meadows Open Space Irrigation Pipeline Request for Clarification and Questions.” All questions, comments and answers provided shall be shared
with all Proposers via addendum posted on BidNet Direct. Addendum(s)
will include the requests for clarification and questions, as written by the Proposer. 4. All Proposals must be uploaded to the BidNet Direct website. Proposals
will not be accepted in any other form or manner.
5. During the Request for Proposal selection process, all proposals shall remain confidential. The entire selection process (procurement) file shall be
RFP 015.25 Rev. 2024.11.25 CDD Budget Line Item #: 11836360.572000.10279
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available to the public (which includes all Proposers) after an agreement is approved by the County, except those items for which confidentiality has been requested in writing by the Proposer, and providing that the County
Attorney has reviewed and determined this to be the properly confidential under the State Open Records Act and other relevant statutes and regulations.
B. TIME SCHEDULE The County will endeavor to use the following timetable: January 14, 2025 Request for Proposals publicly advertised, posted on website
(www.bidnetdirect.com/colorado) January 31, 2025 Recommended pre-proposal meeting will be held at 2:00 PM MT at the Wapiti Meadows Open Space. Please submit your RSVP with planned attendee list via email to
procurement@pitkincounty.com by no later than 24-hours prior to the scheduled meeting. February 7, 2025 Proposer’s request for clarification and questions due via email to procurement@pitkincounty.com by 4:00 PM MT
February 21, 2025 County’s response to request for clarification and questions posted on BidNet Direct via addendum
March 7, 2025 PROPOSALS MUST BE UPLOADED TO BIDNET
DIRECT BY 2:00 PM MT Week of March 10, 2025 Meeting of Selection Committee; checking of references as
necessary; requests for additional information or
clarifications, if necessary; scheduling of interviews, if necessary March 21, 2025 Issuance of Notice of Award to top-ranked proposer
March 31, 2025 Notices sent to unsuccessful proposers March 31, 2025 Anticipated Contract Start Date
December 31, 2025 Anticipated Contract Completion Date
C. EVALUATION CRITERIA AND WEIGHING
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Selection of the "short-listed" Proposers to be interviewed and/or the selection of the top-ranked Proposer will be based upon the following criteria and relative importance (or as the same may be amended or supplemented by published
secondary selection criteria, if any): 1. Approach to Project 20% The Proposer shall prepare a brief statement as to their intention to address: A. The Project Scope of Work
B. The Project Schedule 2. List of Similar Work 30% The Proposer shall submit examples of projects of similar size and scope, specifically with local governments when available.
3. Availability ---- 30% The Proposer shall affirmatively state and demonstrate that all necessary staff is available to complete the Project within the time indicated on the proposed schedule.
4. Estimated Cost of Services, including Reimbursable Expenses 20% A. The Proposer shall list all costs assumed necessary to successfully complete and/or deliver the provided scope of work, services, and/or goods, including, but not necessarily limited to:
i. Labor and material expenses ii. Reimbursable expenses for mileage and/or administrative services iii. Miscellaneous expenses
B. The Proposer shall provide a list of standard fees/rates and
material markup rates to include with the Contract for any additional services or goods that may not be covered in the awarded Contract; billable only as incurred and as agreed upon in advance by mutual signing of a change order.
5. References 0% The Proposer shall provide a list, including contact name and information, of references/prior clients, especially local, state and federal government.
D. SELECTION COMMITTEE Communications between Proposer and any member of the selection committee during the selection process, except when and in the manner expressly authorized by the Request for Proposals, is prohibited. Violation of this restriction is grounds
for disqualification from the process.
Voting Members of the Selection Committee: Nonvoting counsel to the Selection Committee:
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-Paul Holsinger -Drew Walters -Carter Page
-County Attorney -County Procurement
E. SAMPLE CONTRACT A sample of the Pitkin County Contract for the Provision of Construction Services is included as Attachment B. The Proposer must present any exceptions to the standard contract language, if any, with their proposal, included as a separate
document. If changes are not requested at the time of proposal submission, the County shall consider that terms and conditions are accepted by proposer. Requests for Contract alterations, modifications, additions, or deletions will not be entertained following proposal submission. Submittal of contract change requests is for County’s information only and will not be reviewed until selection
committee scoring and vendor selection has been completed; contract language change requests will not disqualify any proposer or be evaluated for partiality. This opportunity is offered so proposers may familiarize themselves with standard County terms and requirements, and change requests that are submitted at the time of proposal allow the County to expedite the consideration of such requests
during the award process so as to avoid delays in contracting. As mentioned in Section IV.A, proposers should not include any information specific to their proposed approach, pricing, delivery schedule, etc. when submitting language change requests as this information will not be reviewed
prior to final selection of a top-ranked proposer. Failure of proposer to review and abide by this guidance and any lack of conveyance of such information to the selection committee shall be construed as an error on the behalf of the proposer and not on behalf of the County or the selection committee.
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PROPOSAL FORM
Proposal Time: 2:00 PM MT Proposal Date: March 7, 2025 From:
Phone E-mail Address: To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Procurement 530 E Main Street, Suite #304 Aspen, CO 81611 For: RFP 015.25: WAPITI MEADOWS OPEN SPACE IRRIGATION PIPELINE
Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer having examined this Request for Proposals (RFP), including familiarization of the site and/or the conditions of the proposed Service environment, including the availability of
materials and labor hereby proposes to furnish all labor, materials, supplies, applicable permits, services, and supervision required to provide a completed product as detailed in this RFP and adjoining documentation for the sum of:
$___________________________________________ Fee Schedule(s) for this project and any applicable work that may not have been included in the Scope of Work but may be necessary for successful completion must be included in
the proposal documents.
Approach, Qualifications, and References may be submitted on your own proposal form; please indicate “In attached documents” for any items omitted herein. A completed proposal form including, at minimum, acknowledgement of all addenda and
signature/corporate seal is required for proposals to be considered responsive.
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Statement and Detailed Approach to Service:
Qualifications of Proposer: Please insert names address, phone numbers and description of similar Service for
Reference Checks. 1.
2.
3.
It is further understood that the right is reserved by the County to reject any and all
proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The Proposer acknowledges receipt of Addenda Nos. .
The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures)
Dated this day of , 2025
(Corporate seal) PROPOSER:
SIGNATURES: If the proposal is being submitted by a Corporation, the Proposal Form should be signed by an officer, i.e. President or vice-president. The signature of the
officer signing shall be attested to by the secretary and properly sealed. If the proposal is
being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed.
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INSTRUCTIONS TO PROPOSERS FOR PITKIN COUNTY CONTRACTS
1. a. A "Proposal" is a responsive, conforming, unconditional, complete, legible and properly executed offer on the Pitkin County Proposal Form to do the work called for
in the Request for Proposals (“RFP”). b. Proposals must be submitted electronically in PDF format and submitted at the time
and place designated in the RFP. Electronic submissions must be clearly marked as a "sealed proposal" with the Service name and the name, contact person, mailing address and telephone number of the Proposer. The County reserves the right to request verification of any original or electronic signature at any time before issuing a Notice of Award. c. It shall be the responsibility of the Proposer to ensure that the Proposal is in proper form and in the County's possession by or before the scheduled time and date of public
Proposal opening. Proposals will not be accepted after the scheduled time and date of opening. Any Proposals received late will be returned to the Proposer unopened, if possible. In the event that it is impossible to determine who the late Proposer is unless
the envelope is opened, the envelope will be opened, the address determined, and the envelope and Proposal returned immediately to the Proposer.
d. If specified in the Request for Proposals, parties who request packages of proposal documents will be required to pay a fee for the document package. All parties who request packages must provide the name of the potential Proposer, along with the
name of a contact person, address, telephone number, and email address for the purpose of dissemination of Addenda or additional proposal information.
e. If a mistake is made or discovered at or after the public opening, the County reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations, the County, in its sole discretion, shall make the decision whether to accept or reject the Proposal. No advantage shall be taken by either party of manifest clerical errors or omissions in the Proposal documents or the Request for Proposals (and plans and specifications). All Proposers are required to notify the County immediately of any errors of omissions that may be encountered. (See 2.a. and 2.c., below).
f. The signer of the Proposal must initial any alteration or erasure. If provided on the required Proposal Form, the proposal price of each item must be stated in numerals
and words; in case of a conflict, the words will control. In case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum will control.
g. No reimbursement will be made by the County for any costs incurred in the preparation of a statement of qualifications, Proposals, or attendance at a site
inspection, pre-bid conference or interviews. h. No person, firm, corporation or other entity shall be allowed to make, file or be
interested in more than one Proposal for the same work, unless alternate proposals are called for. A person, firm, corporation or other entity who has submitted a sub-proposal to Proposer, or who has quoted prices on materials to a Proposer, is not
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hereby disqualified from submitting a sub-proposal or quoting prices to other Proposers.
2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Drawings, Specifications or other Proposal or Contract Documents,
or finds discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions in the Drawings or Specifications or the proposal process, he/she must submit to the Procurement Officer a written request for an amplification, clarification,
explanation, interpretation or correction thereof. Failure to do so shall constitute: (1) acceptance by the Proposer of the Drawings, Specifications or other Proposal or Contract Documents as is, and (2) a waiver by the Proposer of any and all claims arising, or that might arise, out of such discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions. b. Proposers may propose substitute materials or techniques if such substitution is equal to or better than the materials or techniques described in the RFP and if the substitution
has been submitted in writing at least ten (10) days prior to the public Proposal opening. The burden of proof of equality or superior quality is on the Proposer. If accepted as equal by the County in its discretion, the substitute will be designated as
an alternative on a formal addendum available to all Proposers three (3) days prior to the deadline for Proposal submission, when possible. If approval of any substitute materials and/or processes has not been provided by County prior to the deadline for
proposal submission, proposers may elect to submit an alternate bid with separate pricing and rationalization for the alternate materials and/or approach. County, at its sole discretion, will determine if the alternate meets the needs of the respective project.
c. Any amplification, clarification, explanation, interpretation or correction of the documents will be made only by written Addendum duly issued and a copy of the
Addendum will be mailed or delivered to each person receiving a set of the Proposal Documents. Delivery, as used in these Instructions, shall include electronic delivery through e-mail, facsimile, web-posting or other electronic means. Neither the County nor the Procurement Officer will be responsible for any information, representations, explanations or interpretations of the Contract Documents not in written addenda. d. The County reserves the right to call a pre-proposal conference; if called and conducted, a summary of the pre-proposal conference will be mailed or electronically
delivered to all parties receiving a set of Proposal documents. e. On request, the County will provide each Proposer access to the site to conduct, at
Proposer's sole cost, such inspections, tests and investigations as each Proposer deems necessary for submission of a Proposal. No information provided by County representatives at such a site inspection shall be deemed a waiver of the requirements
of 2.a. and 2.c., above. f. Any Addenda issued during the time of the Proposal process, or forming a part of the
Proposal Documents, shall be covered in the Proposal, and shall be considered a part of the RFP. Receipt of each Addendum shall be acknowledged in the Proposal.
g. If specified in the RFP, a request for qualifications may precede the RFP process.
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3. a. Each Proposal, if required by the Proposal Documents, shall be accompanied by a certified check or bid bond in a form acceptable to the County Attorney, in an amount
specified, payable without condition to the County as a guarantee that the Proposer, if awarded the Contract, will promptly execute the Agreement in accordance with the Proposal, and will furnish, if required by the Proposal, good and sufficient bonds for
the faithful performance of the Contract and for the payment to all persons supplying labor and material for the work (see 10.a., below). The Proposal guaranties of all parties except the three highest scoring Proposals will be returned promptly after the opening
of Proposals. After execution of the Contract and issuance of a Notice to Proceed, the remaining two Proposers’ guaranties will be returned. b. Proposer also, if required by the Proposal Documents, will fully complete and submit with the Proposal a Pitkin County Qualification Statement, or an updated Statement if one is already on file. Pitkin County reserves the right to pre-qualify Proposers based on said qualification statements.
c. Proposer also must submit with the Proposal a list of subcontractors, independent contractors and suppliers to be employed under the Contract. If the County has a reasonable objection to any such subcontractor, independent contractor or supplier, it
shall notify the Proposer and the Proposer may then: (a) withdraw the Proposal; or (b) substitute an acceptable contractor or supplier. If required by the Contract Documents, subcontractors, independent contractors and/or suppliers may be required to submit a
Contractor's Qualification Statement. d. Proposals by corporations must be executed in the corporate name by the president or
a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the
signature. e. Proposals by partnerships or limited liability companies (“LLC”) must be executed in the partnership or LLC name and signed by a partner, authorized LLC officer, whose title must appear under the signature and the official address of the partnership or LLC must be shown below the signature. The state in which the entity was formed and whose law governs the entity shall be shown below the signature.
f. All names must be typed or printed below the signature. 4. a. Proposer acknowledges that this proposal is solicited and submitted subject to the
requirements of the "Pitkin County Procurement Code," (Ordinance #009-2025, as previously amended by Ordinances #026-2005 & #03-2007 (copies available via the PitkinCounty website at https://pitkincounty.com/DocumentCenter/View/27059/title-
03-revenue-and-finance or upon request for a nominal charge). As such, the Proposer agrees to comply with all applicable requirements of said Procurement Code relating to proposing, contract drafting, contract administration, and ethics. The requirements
of the Procurement Code are incorporated herein by this reference. b. The Proposer shall immediately notify the County Manager in writing of any violation of said Code by the County's employees or agents, which violation is known or should have been known by Proposer, and failure to so notify the County of violations within five (5) days of knowledge of such violations shall disqualify the Proposer from award
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of the Contract being proposed and shall be deemed as a waiver of any action or defense that the Proposer may have against the County by reason of such violation of
the Procurement Code. c. The submission of a Proposal shall be conclusive evidence and legal admission that
the Proposer: (1) has no questions, complaints or objections in connection with the Proposal process and/or documents, subject to any requests made by Proposer for amplification, clarification, explanation, interpretation or correction pursuant to
Paragraph 2.a. and 2.c., above; (2) has no questions, complaints or objections as to the completeness, sufficiency, scope or detail of the Proposal Documents; and (3) has full knowledge of the scope, nature, quality and quantity of work to be performed, the detailed requirements of the Proposal Documents including any and all contract documents, the plans and specifications, the site and conditions under which the work is to be performed, the Pitkin County Procurement Code and applicable Colorado law. 5. a. All Proposals will be opened and read in public by name of Proposer only. No
Proposals may be withdrawn after the beginning of the public opening. The County, in its sole discretion, may delay a Proposal opening for no longer than two (2) business days if weather or other circumstances beyond control of Proposers results in delay in
receipt of Proposals. Proposals may be withdrawn at any time prior to the beginning of the public opening or modified by a document executed and delivered in a form substantially similar to the Proposal Form prior to opening.
b. All Proposals submitted must be valid for a minimum period of sixty (60) days after the date of the Proposal opening. During this time, Proposers are investigated, and
Proposals are evaluated. 6. a. Proposals will be awarded to the highest scoring Proposer complying with the terms,
conditions, guidelines, selection criteria, plans and specifications presented in the Request For Proposals. All rights are reserved by the County to determine, in the County's sole reasonable discretion, whether the Proposal meets the needs or a purpose intended and is within the budget. b. Although price may be a major consideration in the selection of a Proposal, the County does not award on price alone. The County may also consider the quality of product as judged by the County; past experience with Proposers, subcontractors, independent
contractors, products or suppliers; qualifications of the Proposers and/or subcontractors, independent contractors or suppliers; services offered; warranties; maintenance considerations; long-range costs; delivery; and similar considerations,
all as specified in detail in the RFP. c. The County reserves the absolute right to conduct such investigations as it deems
necessary to assist in the evaluation of any Proposal and to establish the experience, responsibility, reliability, references, reputation, business ethics, history, qualifications and financial ability of the Proposers and proposed subcontractors,
independent contractors and suppliers. The purpose of such investigation is to satisfy the County that the Proposer has the experience, resources and commercial reputation necessary to perform the work and support any warranties in accordance with the
Contract Documents in the prescribed manner and time.
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d. The County, at its sole discretion, may require the apparent successful Proposer to demonstrate, at a place and time designated by the County, that the Proposal meets
the performance criteria specified, or to otherwise provide documented proof from independent reliable sources acceptable to the County that said performance criteria will be met prior to final acceptance of the Proposal. The burden of proof of such a
demonstration is on the Proposer. In the event that the apparent successful Proposer fails to demonstrate or provide acceptable proof of meeting required performance criteria, that proposal will be rejected and the next eligible Proposer in the selection
ranking will be invited to participate in the same process until a proposal meeting performance criteria is found within the ranking of eligible Proposers. The County reserves the rights to reject any or all Proposals or to otherwise accept the Proposal which in the County's sole discretion is in the best interest of the County. e. Pitkin County reserves the right, if it deems such action to be in the best interests of the County, to reject any and all Proposals or to waive any irregularities or informalities therein. Any incomplete, conclusory, false or misleading information
provided by Proposer shall be grounds for rejection of the proposal. If proposals are rejected, the County further reserves the right to investigate and accept the next best proposal in order of ranking or to reject all proposals and re-solicit for additional pro-
posals. f. Any questions or disputes involving the documents or procedures not covered by these
Instructions or other Proposal Documents shall be resolved by the Procurement Officer on the basis of fairness, custom in the industry, maximization of competition and best interests and convenience of the County.
7. Issuance of Notice of Award, execution of Contract Documents and issuance of a Notice to Proceed shall be as specified in the Contract Documents and in accordance with the Pitkin
County Procurement Code. County standard practice is to first notice the top-ranked proposer and enter into a final contract agreement prior to notifying unsuccessful bidders. Non-awarded bidders will be notified of the County’s decision and shall be offered an optional debrief conversation of the bidding and evaluation process; debrief conversations may be offered prior to contract signing but, in most cases, will not be scheduled until a contract has been finalized. 8. Contracts will be executed on standard Pitkin County Contract documents and/or by separate
agreement with the Proposer. Copies of any applicable standard forms are included with the Proposal Documents. The County reserves the right to negotiate with the Proposer for contract terms not specified in the Proposing Documents. Any changes from the Pitkin
County standard form contract may result in a delay in the issuance of a Notice to Proceed in order to obtain any necessary County Attorney review of changes from the standard form. Proposer agrees that any such delays shall not be grounds for either additional compensation
or an extension of time to complete the work that is the subject of the Proposal. 9. If any contract awarded as a result of a Proposal extends beyond the calendar year, nothing
herein shall be construed as an obligation by the County beyond any amounts that may be, from time to time, appropriated by the County on an annual basis. It is understood that payment under any Contract is conditional upon annual or supplemental statutory
appropriation of funds by said governing body and that before providing services, the Proposer, if he/she so requests, will be advised as to the status of funds appropriated for
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services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated.
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SL
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1.
St
e
e
l
f
a
b
r
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c
a
t
o
r
t
o
s
u
p
p
l
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s
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w
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s
f
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v
i
e
w
b
y
d
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s
i
g
n
e
n
g
i
n
e
e
r
.
2.
Th
e
f
i
n
i
s
h
e
d
b
o
x
w
i
l
l
b
e
o
n
l
y
f
i
l
l
e
d
w
i
t
h
w
a
t
e
r
t
o
a
p
p
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x
i
m
a
t
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l
y
1
-
f
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t
b
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l
o
w
t
h
e
t
o
p
o
f
t
h
e
b
o
x
.
3.
Th
e
f
i
n
i
s
h
e
d
b
o
x
w
i
l
l
b
e
s
u
r
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o
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n
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d
b
y
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p
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m
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l
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1
-
f
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b
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x
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4.
Mi
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m
w
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c
k
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s
s
s
h
a
l
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b
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3
/
1
6
-
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n
c
h
.
5.
Al
l
s
h
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t
-
m
e
t
a
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w
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d
s
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t
.
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e
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f
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c
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b
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k
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-
t
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t
.
6.
Pi
p
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C
o
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c
t
i
o
n
s
i
n
t
o
a
n
d
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B
o
x
:
a.
No
t
e
1
-
S
U
P
P
L
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P
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y
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a
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a
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t
a
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r
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2
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V
C
.
T
h
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m
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we
l
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d
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p
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R
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2
6
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V
C
.
b.
No
t
e
2
-
D
R
A
I
N
P
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h
a
v
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OR
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-
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4
0
P
V
C
.
T
h
i
s
ma
y
b
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w
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l
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d
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p
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c
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4
0
P
V
C
.
c.
No
t
e
3
-
D
I
S
C
H
A
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P
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M
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OR
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S
t
a
r
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r
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p
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g
f
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8
-
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n
c
h
n
o
m
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a
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c
h
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d
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l
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4
0
P
V
C
.
Th
e
c
h
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c
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s
h
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d
b
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b
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s
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d
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f
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b
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t
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o
x
.
7.
Ot
h
e
r
N
u
m
b
e
r
e
d
N
o
t
e
s
:
a.
No
t
e
4
-
D
R
A
I
N
O
U
T
L
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T
T
h
e
6
-
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n
c
h
D
r
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P
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p
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m
a
x
i
m
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m
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p
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p
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s
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,
t
o
f
a
c
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n
d
r
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m
o
v
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l
.
T
h
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o
u
t
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fo
r
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6
-
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c
h
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r
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P
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d
w
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6
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n
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h
.
4
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P
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M
a
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-
t
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P
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d
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m
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p
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b.
No
t
e
5
-
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I
S
C
H
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8
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f
4
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a
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d
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h
a
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x
t
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d
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m
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m
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m
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f
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f
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.
T
h
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8
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n
c
h
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h
.
4
0
,
4
5
°
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t
r
e
e
t
El
b
o
w
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l
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n
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n
8
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h
.
4
0
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4
5
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.
T
h
e
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s
h
a
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-
f
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s
p
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p
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d
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c
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l
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r
t
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th
e
8
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s
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.
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-
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h
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a
l
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-
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Ad
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p
.
8.
Th
e
W
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I
R
s
h
o
w
n
o
n
t
h
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d
r
a
w
i
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t
me
t
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l
.
9.
Th
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t
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f
f
G
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s
h
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“
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n
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be
1
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#
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10
.
Th
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t
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f
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11
.
Th
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R
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m
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v
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b
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c
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s
h
a
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a.
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8
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d.
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SCREEN BOX PLAN AND SECTIONS
for DIVERSION BOX No. 10A
on SALVATION DITCH
DETAILS
SOPRIS ENGINEERING LLC
502 MAIN STREET SUITE A3 CARBONDALE CO 81623
(970) 704 0311 soprisengineering.com
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Contract # 015.25 Rev. 2024.11.07 CDD
1
PITKIN COUNTY CONSTRUCTION CONTRACT
THIS CONTRACT, made Enter Contract Date 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 Contractor Legal Entity, Contractor Street Address (Include
Suite/Unit), City, ST ZIP (hereinafter called the “Contractor”) to perform the following work:
Project Name (“Project”).
I. Term of Contract: The term of this Contract is from Contract Start Date to Contract End
Date. Optional Contract Extension
II. Scope of Work and Work Schedule:
A. Scope of Work:
B. All work performed under this Contract shall be done according to the following
work schedule:
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 spell out number of dollars dollars
and spell out number of cents cents ($0.00) in accordance with this Contract, subject to
increase or decrease in accordance with the provisions of this Contract; but any payment
by the County may be offset by any amount the Contractor owes the County for any reason.
A. Payment Procedures
1) Contractor shall submit applications for payment Choose Invoice
Frequency 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
Contract # 015.25 Rev. 2024.11.07 CDD
2
County, satisfactory progress is not being made on the Project, or if
claims are filed under Section C.R.S. § 38-26-107, as amended,
County may retain such additional amounts as County may deem
necessary to assure completion of the Project or to pay such claims
and any Project Lead’s and attorney’s fees reasonably incurred or to
be incurred by County in defending or handling such claims. The
withheld percentage of the Contract Price shall be retained until the
Project is completed satisfactorily and finally accepted by County in
accordance with the provisions of this Contract. Progress payments
shall not constitute final acceptance of the Project.
3) County shall make final payment, including release of retainage, to
Contractor in accordance with this Contract and Section C.R.S. § 38-26-
107, as amended.
IV. Contractor Obligations:
A. Supervision and Superintendence
1) The Contractor shall supervise and direct the Project competently
and efficiently devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Project in accordance with this
Contract. The Contractor shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The
Contractor shall be responsible to see that the finished Project compiles
accurately with this Contract.
2) The Contractor shall appoint and identify to the County and Project
Lead, a competent on-site superintendent to be kept on the Project at all
times during its progress and who shall not be replaced without written
notice to the County and the Project Lead except under extraordinary
circumstances. The superintendent will be the Contractor’s representative
at the site and shall have authority to act on behalf of the Contractor. All
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
Contract # 015.25 Rev. 2024.11.07 CDD
3
shall constitute a waiver of any right of the County or the Project Lead to
reject defective Project work.
3) The Contractor shall be fully responsible to the County and the
Project Lead for all acts and omissions of the subcontractors, suppliers and
other persons and organizations performing or furnishing any of the Project
work under a direct or indirect contract with Contractor just as Contractor
is responsible for Contractor's own acts and omissions. Nothing in this
Contract shall create any Contractual relationship between the County or
the Project Lead and any such subcontractor, supplier or other person or
organization, nor shall it create any obligation on the part of the County or
the Project Lead to pay or to see to the payment of any moneys due any such
subcontractor, supplier or other person or organization except as may
otherwise be required by laws and regulations.
4) All Project work performed for Contractor by a subcontractor will
be pursuant to an appropriate contract between the Contractor and the
subcontractor which specifically binds the subcontractor to the applicable
terms and conditions of this Contract for the benefit of the County and the
Project Lead.
C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties
and assume all costs incident to their use in the performance of the Project or the
incorporation in the Project of any invention, design, process, product or device
which is the subject of patent rights or copyrights held by others. Contractor shall
indemnify and hold harmless the County and the Project Lead and anyone directly
or indirectly employed by either of them from and against all claims, damages,
losses and expenses (including attorney's fees and court costs) arising out of any
infringement of patent rights or copyrights incidental to the use in the performance
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.
Contract # 015.25 Rev. 2024.11.07 CDD
4
F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales, consumer, use and other similar taxes whether direct or indirect. Federal
excise tax may not apply to materials purchased by the County. The Contract price
shall include all other federal, state, and/or local direct or indirect taxes, which do
apply. The Contract price shall include the cost of compliance with all other Federal
Laws and Regulations at no additional cost to the County (except as provided in
this Contract). The Contractor shall not be reimbursed separately for any taxes,
which may apply except as provided in this Contract, and the Contractor shall be
responsible for all taxes, which may apply. The County is tax exempt from Federal
Excise Tax and Colorado State or local sales or use taxes. The Contractor and its
subcontractors shall apply to the Colorado Department of Revenue for a Certificate
of Exemption indicating that the Contractor or subcontractor's purchase of
construction material or building materials is for use in a building, structure, or
other public work owned and used by the County.
G. Use of Premises.
1) The Contractor shall confine construction equipment, the storage of
materials and equipment and the operations of workers to the Project site
and land and areas permitted by this Contract, law, ordinances, and permits.
The Contractor shall assume full responsibility for any damage to any such
land or area, or to the County or occupant thereof or of any land or areas
contiguous thereto, resulting from the performance of the Project. Should
any claim be made against the County or the Project Lead by any such
owner or occupant because of the performance of the Project, Contractor
shall promptly settle with such other party. The Contractor shall, to the
fullest extent permitted by Laws and Regulations, indemnify and hold the
County harmless from and against all claims, damages, losses and expenses
(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
Contract # 015.25 Rev. 2024.11.07 CDD
5
Contractor subject any part of the Project or adjacent property to stresses or
pressures that will endanger it.
H. Safety and Protection.
1) The Contractor shall be solely responsible for initiating,
maintaining and supervising all safety precautions and programs in
connection with the Project. The Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
a. All employees in the Project area and other persons and
organizations who may be affected thereby;
b. All the Project materials and equipment to be incorporated therein,
whether in storage on or off the site; and
c. Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, road-ways, structures, utilities and
underground facilities not designated for removal, relocation or
replacement in the course of construction.
2) The Contractor shall be required to assume sole and complete
responsibility for job site conditions during the course of construction of the
Project, including the safety of all persons who may enter on the job site for
any reason and the security of all property located on the job site. This
requirement shall apply at all times during the course of the Contract and
not only to normal Project work hours.
3) The Contractor shall at all times conduct the Project in such manner
as will incur the least practicable interference with traffic and existing utility
systems. No section of any road shall be closed to the public, nor any utility
system put out of service except after permission, has been granted by the
Project Lead. Each item of the Project shall be prosecuted to completion
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
Contract # 015.25 Rev. 2024.11.07 CDD
6
necessary barricades, signs, and lights shall not cease until the
Project has been accepted.
I. Shop Drawings and Samples.
1) After checking and verifying all field measurements and after
complying with applicable procedures specified in this Contract, the
Contractor shall submit to the Project Lead for review and approval in
accordance with the approved schedule of shop drawing submissions, three
(3) copies (unless otherwise specified) of all shop drawings, which will bear
a stamp or specific written indication that the Contractor has satisfied the
Contractor's responsibilities under this Contract with respect to the review
of the submission. All submissions will be identified as the Project Lead
may require. The data shown on the shop drawings will be complete with
respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to enable the Project Lead to review the
information as required.
2) The Contractor shall also submit to the Project Lead for review and
approval with such promptness as to cause no delay in Project, all samples
required by this Contract. All samples will have been checked by and
accompanied by a specific written indication that the Contractor has
satisfied the Contractor's responsibilities under this Contract with respect to
the review of the submission and will be identified clearly as to material,
supplier, pertinent data such as catalog numbers and the use for which
intended.
3) Before submission of each shop drawing or sample, the Contractor
shall have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto; and reviewed or coordinated each shop
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),
Contract # 015.25 Rev. 2024.11.07 CDD
7
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 The Contractor agrees to indemnify, hold harmless and, not excluding the
County's right to participate, defend the County, its subsidiary, parent, associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, volunteers, and any jurisdiction or agency issuing permits for
any work included in the project, hereinafter referred to as indemnitee, from all
suits and claims, including attorney's fees and cost of litigation, actions, loss,
damage, expense, cost or claims of any character or any nature arising out of the
work done in fulfillment of the terms of this Contract or on account of any act,
claim or amount arising or recovered under workers' compensation law or arising
out of the failure of the Contractor to conform to any statutes, ordinances,
regulation, law or court decree. It is agreed that the Contractor will be responsible
for primary loss investigation, defense and judgment costs where this Contract of
indemnity applies. In consideration of the award of this Contract, the Contractor
agrees to waive all rights of subrogation against the County its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers for losses arising from the work
performed by the Contractor for the County.
B. The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend, pay or settle all claims, demands, or lawsuits related hereto
at its sole expense and shall bear all other costs and expenses related thereto, even
if the claim, demand or lawsuit is groundless, false or fraudulent.
C. Accessibility Indemnification
Contractor shall indemnify, save, and hold harmless the Indemnified Parties,
against any and all costs, expenses, claims, damages, liabilities, court awards and
other amounts (including attorneys’ fees and related costs) incurred by any of the
Indemnified Parties in relation to Contractor’s failure to comply with §§24-85-
101, et seq., C.R.S., or the Accessibility Standards for Individuals with a
Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
VII. Accessibility.
Contractor shall comply with and the Work Product provided under this Contract shall be
in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the
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Accessibility Standards for Individuals with a Disability, as established by OIT pursuant
to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of
the most current version of the Web Content Accessibility Guidelines (WCAG),
incorporated in the State of Colorado technology standards.
The County may require Contractor’s compliance to the State’s Accessibility Standards
to be determined by a third party selected by the County to attest to Contractor’s Work
Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the
Accessibility Standards for Individuals with a Disability as established by OIT pursuant
to Section §24-85-103 (2.5), C.R.S.
VIII. 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.
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Minimum Limits:
Coverage A (Workers’ Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability – ISO 1CG 0001 form or equivalent
(With County named additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal / Advertising Injury
• Products / Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed
under contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent)
• 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
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4) Contractors Pollution Liability: The County requires this coverage
whenever work at issue under this Contract involves potential pollution risk
to the environment or losses caused by pollution conditions (including
asbestos) that may arise from the operations of the Contractor described in
the Contractor’s scope of services. Policy shall cover the Contractor’s
completed operations. Contractors Pollution Liability coverage (including
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
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Aggregate $ 2,000,000
6) Builders Risk Insurance or Installation Floater – Completed Value
Basis
Unless otherwise provided, the Contractor shall purchase and maintain, in
a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, Builders' Risk Insurance in the
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
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shall specifically cover insured equipment during installation and
testing (including cold and hot testing).
g. The deductible shall not exceed $25,000 and shall be the
responsibility of the Contractor except for losses that involve all
Acts of God such as flood, earthquake, windstorm, tsunami,
volcano, etc.
7) Special Coverages (check as appropriate and insert amount):
a. ☒ Performance Bond $ 0.00
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.
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d. Location of operations shall be: “all operations and locations at which
work for the referenced Project is being done.”
3) Certificates of Insurance for all renewal policies shall be delivered to
the Procurement Department at procurement@pitkincounty.com, at least
fifteen (15) days prior to a policy’s expiration date except for any policy
expiring on the expiration date of this Contract or thereafter.
4) The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this
Contract.
IX. 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.
X. 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.
XI. 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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XII. 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.
XIII. 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
Contract # 015.25 Rev. 2024.11.07 CDD
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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.
XIV. Liquidated Damages. It is the County’s intent to complete this project no later than Enter Substantial Completion Date. Liquidated damages of spell out number of dollars dollars and spell out number of cents 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
Contract # 015.25 Rev. 2024.11.07 CDD
20
intended, but as Liquidated Damages to compensate the County for all costs incurred as a result of such breach of Contract. D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays", as contained in paragraph E of this Section, the Contractor expressly agrees to pay the County as a reasonable estimate of just compensation for damages contemplated with the clause, the amount set forth as liquidated damages for each consecutive calendar day that completion is delayed in the construction of the Project.
E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is
affected by such Force Majeure, shall be suspended during the continuance of the 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.
XV. 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;
Contract # 015.25 Rev. 2024.11.07 CDD
21
3) If the Contractor makes a general assignment for the benefit of creditors; 4) If a trustee, receiver, custodian or agent of Contractor is appointed
under applicable law or under Contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5) If the Contractor persistently fails to perform the Project in accordance
with this Contract including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the work schedule established in this Contract; 6) If the Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction.
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. XVI. 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.
Contract # 015.25 Rev. 2024.11.07 CDD
22
XVII. Computation of Time. A. When any period of time is referred to in this Contract by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation. B. All times stated in this Contract are of the essence.
XVIII. 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.
XIX. 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.
Contract # 015.25 Rev. 2024.11.07 CDD
23
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:
Project Lead Name Street Address City, ST ZIP Email: first.last@pitkincounty.com
with copies to:
Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com
To Contractor: Contractor Legal Entity Contractor Street Address (Include Suite/Unit)
City, ST ZIP
Phone: ( ) - Email: first.last@emailserver.com
Contract # 015.25 Rev. 2024.11.07 CDD
24
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. XX. 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.
XXI. Counterparts. This Contract may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document.
Contract # 015.25 Rev. 2024.11.07 CDD
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Contract # 015.25 Rev. 2024.11.07 CDD
26
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. CONTRACTOR LEGAL ENTITY ________________________________________________ !#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL:
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
DIRECTOR APPROVAL: ________________________________________________ !#SECTION LEADER#! Date
COUNTY MANAGER APPROVAL:
________________________________________________ !#COUNTY MANAGER#! Date
UPPER/LOWER/WEST
DITCH DIVERSION BOXES
APPROXIMATE LOCATION
OF CONNECTION TO SCREEN
BOX - 8" SCH. 40 PVC WYE & 45°
ELBOW, CLEANOUT, MALE
ADAPTER AND THREADED CAP
(SEE DETAIL 1)
APPROXIMATELY
53-L.F. OF
8" SCH. 40 PVC PIPE
@ 12% ± SLOPE (min.)
8" SCH. 40 PVC TEE
WITH CLEANOUT
AND TRANSITION
FITTING TO 4"
DR13.5 HDPE PIPE
(SEE DETAIL 2)
APPROXIMATELY
1,100-L.F. OF
4" DR13.5 HDPE
INSTALLED ON
NATIVE SLOPE
Sta. 2+25±
LOCATION OF TAP FOR
LOT 1 IRRIGATION.
(SEE DETAIL 3)
Sta. 4+65±
OPTIONAL END OF NEW
4" DR13.5 HDPE
(WITH FLOW DISSIPATOR)
(SEE DETAIL 4)
Sta. 6+25±
LOCATION OF CLEANOUT
NUMBER 1, ON FULL-LENGTH PIPE
(SEE DETAIL 3)
Sta. 9+25±
LOCATION OF CLEANOUT
NUMBER 2, ON FULL-LENGTH PIPE
(SEE DETAIL 3)
Sta. 4+50±
FOR FULL-LENGTH INSTALLATION,
ALL 4" HDPE PIPE BEYOND THIS POINT
IS TO BE BURIED, WITH A MINIMUM
OF 1-FOOT OF COVER OVER THE
CROWN OF THE PIPE.
EXISTING DIVERSION
(SPLITTER) BOX #10A
PROPOSED SCREEN BOX
SEE DESIGN DETAILS
1 inch = ft.
( IN U.S. SURVEY FEET )
GRAPHIC SCALE
030 30 60
30
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SOPRIS ENGINEERING LLC
502 MAIN STREET · SUITE A3 · CARBONDALE CO 81623
(970) 704 0311 · soprisengineering.com
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(SEE DETAIL 2)
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LOCATION OF TAP FOR
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Sta. 4+50±
FOR FULL-LENGTH INSTALLATION,
ALL 4" HDPE PIPE BEYOND THIS POINT
IS TO BE BURIED, WITH A MINIMUM
OF 1-FOOT OF COVER OVER THE
CROWN OF THE PIPE.
Sta. 4+65±
OPTIONAL END OF NEW
4" DR13.5 HDPE
(WITH FLOW DISSIPATORS)
(SEE DETAIL 4)
Sta. 9+25±
LOCATION OF CLEANOUT
NUMBER 2, ON FULL-LENGTH PIPE
(SEE DETAIL 3)
Sta. 6+25±
LOCATION OF CLEANOUT
NUMBER 1, ON FULL-LENGTH PIPE
(SEE DETAIL 3)
ALL FULL-LENGTH PIPE
BELOW STA. 4+50±
SHALL BE BURIED WITH
MINIMUM COVER OF
1-FOOT.
ALL 4-INCH DR13.5 HDPE
PIPE BETWEEN Sta.0+53±
AND STA. 4+65± SHALL BE
LAID ON THE EXISTING GROUND.
MAINTAIN CONSTANT GRADE,
WITHOUT DIPS OR HUMPS IN
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SOPRIS ENGINEERING LLC
502 MAIN STREET · SUITE A3 · CARBONDALE CO 81623
(970) 704 0311 · soprisengineering.com
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Certificate Of Completion
Envelope Id: 1964DDCD-87A2-4C56-A741-43EA647D3CA0 Status: Completed
Subject: Black Timber Dirt Works, LLC | Pitkin County Contract 015.25 for Review and Signature
Source Envelope:
Document Pages: 81 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 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: 10.103.81.73
Record Tracking
Status: Original
5/5/2025 10:05:23 AM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Connie Baker
connie.baker@pitkincounty.com
Budget Director
Pitkin County
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 216.147.126.217
Sent: 5/5/2025 10:12:06 AM
Viewed: 5/6/2025 10:15:50 AM
Signed: 5/6/2025 10:16:09 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Drew Walters
drew.walters@pitkincounty.com
Agriculture Specialist
Pitkin County Open Space
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.114.6.51
Signed using mobile
Sent: 5/6/2025 10:16:13 AM
Viewed: 5/13/2025 7:29:33 AM
Signed: 5/13/2025 7:31:33 AM
Electronic Record and Signature Disclosure:
Accepted: 5/13/2025 8:36:25 AM
ID: 49d2bb1a-0b02-40eb-a72f-4a0e928ec1f4
Company Name: Pitkin County, Colorado
Gary Tennenbaum
gary.tennenbaum@pitkincounty.com
Pitkin County Open Space and Trails Director
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 73.203.105.128
Sent: 5/13/2025 7:31:36 AM
Viewed: 5/13/2025 8:26:47 AM
Signed: 5/13/2025 8:30:39 AM
Electronic Record and Signature Disclosure:
Accepted: 5/13/2025 8:38:31 AM
ID: 61f267cb-37f0-46e6-87ec-52003f871aa6
Company Name: Pitkin County, Colorado
Josh Rupert
josh@blacktimberexcavation.com
Owner Black Timber Dirt Works LLC
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 216.147.124.219
Signed using mobile
Sent: 5/13/2025 8:30:43 AM
Viewed: 5/13/2025 9:03:28 AM
Signed: 5/21/2025 6:52:06 AM
Electronic Record and Signature Disclosure:
Signer Events Signature Timestamp
Accepted: 5/13/2025 9:03:28 AM
ID: 2592c662-9bce-4a1f-b5a8-8b6523514587
Company Name: Pitkin County, Colorado
Rich Englehart
rich.englehart@pitkincounty.com
Deputy County Manager
Pitkin County
Signing Group: County Manager Group
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.103.36.129
Signed using mobile
Sent: 5/21/2025 6:52:11 AM
Viewed: 5/21/2025 6:54:01 AM
Signed: 5/21/2025 6:54:53 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
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: 5/21/2025 6:54:56 AM
Resent: 5/21/2025 6:55:04 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 5/21/2025 6:54:57 AM
Viewed: 5/21/2025 7:51:30 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Kim Arensdorf
kim.arensdorf@pitkincounty.com
Security Level: Email, Account Authentication
(None)
Sent: 5/21/2025 6:54:58 AM
Viewed: 5/21/2025 8:56:14 AM
Electronic Record and Signature Disclosure:
Accepted: 4/17/2025 2:38:24 PM
ID: 39308cb5-2c9c-4526-92bd-cebfb3334b81
Company Name: Pitkin County, Colorado
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/5/2025 10:12:06 AM
Certified Delivered Security Checked 5/21/2025 6:54:01 AM
Envelope Summary Events Status Timestamps
Signing Complete Security Checked 5/21/2025 6:54:53 AM
Completed Security Checked 5/21/2025 6:54:58 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
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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
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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: Drew Walters, Gary Tennenbaum, Josh Rupert, Kim Arensdorf
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
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documents are first sent to you. After such time, if you wish for us to send you paper or
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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
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If you elect to receive required notices and disclosures only in paper format, it will slow the
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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.