HomeMy WebLinkAboutbocc.con.172.2003 CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
v'/ Services
Maintenance
License/Use
Lease
Construction
Purchase
Employment.
BOCC AGENDA ITEM (BOCC signature required)
~ STAFF AUTHORIZED SIGNATURE (as per Procurement
Check Contract Type: Dollar Amount: ,~3, ~ (~ ~. c)"~
STAFF .~UT~IO~ZED
SIGNKTU~F~
Code)
CONTRACT
Intergovernmental Agreement (Requires BOCC Action)
Non Profit
Quasi-Public
Grant Agreements (Requires BOCC Actionj
Other
Signatures Required:
Under 25K - Department Head
25-50K - Department Head (if appropriate), Section Leader
Over 50 K - Department Head (if appropriate), Section Leader. County Manager
Contractor/Business (Cqmplete Name):
Con(ract Start Date: ~ Contract End Date:
Automatic Renewal (Y/N):
All Contracts should be proofed for the following:
· No Pages Missing
· If a Page is Left Intentionally Blank - Note on Page
· Page numbered consecutively
· All Signatures Affixed
· All Dates Filled In
· All Other Blanks Filled In
· All Exhibits Attached
· All Legal Descriptions Attached (if appropriate)
· Notice of Award/Proceed Attached (if appropriate)
Sent to Clerk and Recorder for Scanning/Archiving
Authorized Staff Person
Signature of authorized staff person indicate that document has peen proofed
and ready for scanning.
Note: Clerk's Office will keep original documents in compliance with
Colorado State Archives retainage schedule.
CONTRACT #~,_~
AGREEMENT FOR PROVISION OF SERVICES
Rev. t0/02/02
THIS AGREEMENT FOR PROVISION OF SERVICES (the "Agreement") is!made and entered
by and between Pitkin County, Board of County Commissioners ("Pitkin Comnty ) and Aspen
Eartlxnoving, PO Box 1.090, 818 l~dnstry Place, Carbondale, CO 81623 (hereinafier "Contractor'')
1. Purpose. Th~ purpose of this Agreement is Site Grading - £zlI 5u erosion charmels on
hillside, and dress with topsoil.
2. Term. The term of tt~s Agreement is from ~>t~r. ~qff, 2tm~ to
f)c~-t>~ae~ 31,~'~ At the exp/ration of the /niriaI term, the Agreement rday be extended for an
additional term of up to ~ . days by the express written consent of both parties
3. Contractor's Obli~atlons. Contractor shall comply with all the requirements of
the Smuggler Mountain Superfund Site Safety Plan (see Appendix 1), Site grading - fiil in
erosion channels on hillside with suitable material and dress with topsoii.
4. Compensation and Expenses, Invo~cint, Payment, and Offset The County shall pay the
Contractor for performance of services hereunder. Payment of invoices subm/tted by Contractor
hereunder is contingent upon completion of each task to the satisfaction of the County. Invoices shall
itemize specific work done to complete the task, and include ~'eceipts for ail re/mbursable items. Within
thirty (30) days of receipt of an in~/oice and approval thereof 'as requ/red hereunder, payment shall be
made by the County, but any payment by the County may be offset by any mount the Contractor owes
the County for any reason. ReLmbursable expenses are Site grading - fill m erosion charmels on hillside
with su,/table matefials and dress ~dth top soil may be' billed on a monthly basis and will be paid with~
thirty (30) days of receipt of the i~voice with a top-set of $3,466.07. In no event shall the total charges
for serv/ces and reknbursC~aents exceed $3,466.07. In the event the Contractor recurs time and expenses
above said amount, no compensation for said addit/onM time and expenses slmll be required to be paid
by the County without written authorization by the County.
5. County's Exclusive Owners[tip Of Work Product. All work produced pursuant to this
Agreement becomes the property of Pitk~ County.
6. Pitkin County's Oblitations. Pitkin County shall administer th/s Agreement through a
County Representative. Beck-y Moiler will manage the project as the County's Representative. In the
event that Becky Moiler is not available, Miles Stotts shall assume the County Representative's duties.
The services provided and products delivered' by the Contractor under tkis Agreement will be subject to
rev/ew by the County's Representatives, or a designee, for compliance herewith.
The review comments of the County's Representative may be reported in wfit~g as needed to the
Contractor. To prevent an unreasonable delay in the Contractor's work, the County's Representative will
endeavor to examine all deliverable products and other documents and will accept same and author/ze
payment or will specify necessary changes wittfi~ ten (10) working days of receipt of such documents.
7. Cancellation. In addition to the fight of termination referenced in Req;fired Clauses
hereto, PitkLn County reserves the fight to cancel th/s Agreement for u~satisfactory performance af
Contractor's obligations as determ/~ed by Pitldn County fix its sole discretion, upon wfirten notice to
Contractor as provided/~ Paragraph 11 herein.
8. Required Clauses. Pitkfn County's Required Clauses, including provisions for
insnrance m~d 5xdemnqfication, are at~acfed hereto and incorporated by this reference.
III-3
9. Independent Contractor Status.
a. The parties to this Agreement intend that the relationship between them
contemplated by the Agreement is that of independent Contractor. Contractor, and any
agent, employee, or servant of contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
b. Contractor is not required to offer his services exclusively to PitYJn County
under this Agreement. Contractor may choose To work for other individuals or entities
during the term of this Agreement, provided that the basic services and deliverable
products required under this Agreement are submitted in the manner and on the schedule
defined under this Agreement.
c. Conu:acror warmms that ail work produced will conform ro all applicable
industry standard of care, sldll and diligence in the performance of Contractor's
obligations under this Agreemem.
d. Contractor shall nor auempt to oversee or supervise the work or actions of any
Pitldn County employee, servant or agent in the course of completing work under this
Agreen~ent.
e. Contractor is not entitled to any Workers' Compensation benefits through Pitk/n
County and ~s responsible for payment of any federal, stare, FICA and other income
taxes.
10. Assi~nabliliW. This Agreement is not assignable by either parry.
l t. Severabiliw. If any clause, provision, subsection, Section or Article of the P~greemenr
shall be held ro be invalid, illegal or unenforceable for any reason, the invalidity, illegality or
unenforceability of such clause, provision, subsection. Section or Article shall nor affect any of the
remain/rog provismns of the AgreemenT.
12. Notice. Any written notice required by this Agreement shall be deemed delivered on the
happemug of any of the following: (1) hand dehvery to the person au the address below; (2) delivery by
facsimile with corzfin~adon of receipt to the fax number below; or C3) within three ~3) days of being sent
certified first class mail, postage prepaid, remm receipt requested addressed as follows:
~o Pitkin County
Becky Moiler, Natural Resources Specialist
76 Service Center Road
Aspen, CO 81611
Phone: 970-3-923-3487 Fax: 970-923-2043
with copies to:
Pitk/n County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
III-4
Fax: (970) 920-5198
To Contractor:
Aspen Earthmoving
Rick Stevens
PO Box 1090
Carbondale, CO 81623
Phone: 970-963-0377
Fax: 970-963-2247
13. Modification. TMs Agreement may only be modified by written agreement of both
parties hereto. Any modifications hereof are subject 'to the requirements of the Pitldn County
ProcUrement Code and the Required Clauses attached hereto.
IN WITNESS WHERJEOF, the parties have executed this Agreement as of the dale firs{ set out herein
above.
CONTRACTOR: / __----- ~ -
Date
PITKIN COUNTY:
/' r.,
Deputy Director, Put>lic Works
RJEQ~D CLAUSES
Revised 2/26/02
For purposes of these Required Clauses, "Contractor" means Aspen Earthmoxd~
Contractor shall be subject to the following provisions:
III-5
COIVfPLIANCE WiTH PROCUP~MENT CODE AND APPLICABLE STATE CON-
TRACTI2WG LAW
A. The Contractor acknowledges that this Agreement is entered into subject to the
requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home
Rule Charier, Ordinance # 00-18, approved ApriI 26, 2000). As such, the Contractor agrees to
comply with all requirements of said Procurement Code, and such requirements are incorporated
herein by this reference.
B. The Contractor shah immediately notify the Comity Manager in writing of any violation of
said Code or statutes by the County's employees or agents, which violation(s) is known or should
have been known by him, and failure to so notify the County of any violation(s) within five (5)
days of knowledge of such violations shall be considered a breach of this Agreement. Fmether,
such failure to notify the County of violation of the Procurement Code or s{atutes within five (5)
days of knowledge shall be deemed as a waiver of any action or defense that the Contractor may
have against the County by reason of such violation of the Procurement Code or statutes.
WARRANTIES AGAINST CON'IINGENT FEES, GRATUITIES, KICKBACKS AND
CONFLICT OF INTEREST
A. Covenant Against Contingent Fees. The Contractor warrants't hit no person or selihig
agency has been employed or retained to solicit or secure this Agreement upon an agreement or
understanding for a connnission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies maintained by the Contractor
for the purpose of securing business.
B. Gratuities Prohibited. The Contractor agrees not to ~ve any employee or former employee
of Pitkin County a gratuity or any offer of employment in connection with any dec/sion, approval,
disapproval, recommendation, preparation of any part of a program requirement or a purchase
request, influencing the content of any specification or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory capacity in any proceeding or application, request
for ~ling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or {o any solicitation or proposal therefor.
C.- Gratuity means a payment, loan, subschption, advance deposit of money, serv/¢es, or
anything of more than nominal value, pr6sent or promised, unless consideration of substantially
equal or greater value is received.
D. Kickbacks Prohibited. It shall be a breach of Agreement for any payment, gratuity, or offer
of employment to be made by or on behalf of a subcontractor under a contract to the prime
contractor or higher tier subcontractor or any person associated therewith, as an inducement for
the award of a subcontract or order. The Contractor is prohibited from inducing, by any means,
any person employed under this Agreement to ~ve up any part of the compensation to which
he/she is otherwise entitled. The Contractor shall comply with ail applicable local, state and
federal "anti-kickback" statutes or regulations.
E. ConSict of Interest Prohibitei No official, officer, employee or representative of 'the
County during the term of this Agreement or one (1) year thereafter shall have any interest, direct
or indirect, in this Contract or the proceeds thereof. (Additional restrictions on present and former
employees of County are found in Article 7 of the Procurement Code).
III-d
F. Sub-Conrracr Clause. The proh/bitions against contingent fees, gratuities, kickbacks and
conflict of interest prescribed in this Agreement shall be made a condition of and conspicuously
set forth in every sub-contract and solicitation therefor.
G. Conspicuously means wnttan in such special or distinctive format, print, or manner that a
reasonable person against whom it is to operate ought to have noticed it.
H. Remedies. In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratinties, kickbacks and conflict of interest, the County shal/have the right
(1) Terminate this Agreement without liability by the County;
(2) Debar or suspend the offending parties fi:om being a contractor or sub-contractor under
County contracts;
(3) Deduct fi:om the conu'act price or consideration, or otherwise recover, the value of anything
transferred or received by the Contractor; and
(4) Recover such value from the other offending parties.
EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAG~D/Mi2qORITY/WOiv[EN
BUSINESS ENTERPRISES CDBE/MBE/WBE)
A. Pursuant to local, state and/or federal anti-discrimination and affirmative action programs,
contractor shall meet ail apphcable requirements with respect to employment and subcontracting
in connection with Disadvantages/Minority/Women /ndividuals and enterprises
(DME/MBE/WBE).
B. In connection with the execution and administration of this Agreement, and any
subcontracts, the Contractor shall not dischminate against any employee or applicant for
employment because of race, reli~on, color, sex, national origin, age, handicap or stares as a
veteran.
C. In counection with the performance of this Agreeme~nt, the Conlractor will cooperate with
the County in meeting the County's comrmtmen~s and goals with regard to the max/mum
utiI/zafion of disadvantaged, m/nority and women business enterprises and w/il use its best efforts
to ensure that such busIness enterprises shall have the mmUmm practicable opportunity to
compete for employment and/or subcontract work, if any, under this Agreement.
D. The Contractor w/Il farinsh all necessary information and re'ports and will perrrfit access ro
its books, records, and accounts by Pitkin County for purpose of investigation to ascertain
compliance with the nondiscrimination/affirmative action provisions of any resultant contract.
E. Employment Data and Affirmative Action Plan. If requested, the Contractor agrees to
submit on an Employment Data Form to be provided by the County, the data showing the
utii/zation of disadvantaged persons, ruinorities and women by job category within its
organ/zation. Where the Contractor has f~y (50) or more employees or it is participating in con-
tracts with the County, which exceed Fifty-Thousand ($50,000.00) Dollars, an Affirmat/ve Action
Plan must be submitted to'the County when requested by the County Attorney*s Office within ten
(t 0) days after selection.
F. Noncompliance. In the event of the Contractor's noncompliance with the
¢ondisc~mlnafion~ affirmative action provisions of any resultant contract, Pitkin County shall
anpose such contract sanctions as it may determine to be appropriate, including, but not l/mired
to:
III-7
(1)
Wifi~aolding of payments under the Agreement until the Contractor complies,
and/or
(2) Cancellatior~ termination, or suspension of the Agreement, in whole or in part.
TERMINATION FOR DEFAULT OR FOR CONWENIENCE OF COUNTY
A- In addition to the right of cancellation referenced in Paragraph 7 of the Agreement, the
performance of work under the Agreement may be terminated by Pitktn County:
(1) Whenever the Contractor shall default in performance of this Agreement in accordance
with its terms, and fails to cure or show cause why such failure to perform should be
excused within ten (10) days (or longer as the County may allow or shorter, but not less
than three (3) days, for failure to prox4de proof of insurance or maintenance of any
dangerous condition) aiSer hand-delivery, facsimile or mailing to the Contractor of a ngtice
specifying the default as provided in Paragraph 11 of the Agreement.
The Contractor shall not be in default by reasons of any failure in performance of ttds
Agreement in accordance with its terms if such failure arises out of causes beyond the
control and without the fault or negligence of the Contractor. Such causes may include, but
are not restricted to, acts of God, natural disasters, str/kes, or freight c-mbargoes, but in
every case the failure to perform must be beyond the control and without the fault or
negligence of the Contractor. Upon request of the Contractor, the County shall ascertain
the facts and failure, and, if the County shall determine that any failure to perform consti-
tuted a vahd commercial excuse, th~ performance shall be revised accordingly and notice
of default withdrawn; Or
(2) Whenever for any reason and in its sole discretion the Cotmty shall determine that such
termination is in its best interest and 6onvenience.
B. Notice of Tm'minatiom In the event of tenninafi~n, the County shall deliver to the
Contractor a written notice of terminatio~ specifying the reasons therefor, and the effective date
of such termination. The effective date shall not be earlier than the date of hand-delivery,
facsimile or the date of malting of the notice, as provided in Paragraph 11 of the Agreement.
C. Term/nation Procedure. After the effective date of the notice of cancellation, termination
for default or for the convenience of the County, unless otherwise directed by the County, the
Contractor shall:
(1) Stop work under the Agreement on the date specified in the notice of termination.
(2) Place no further orders for materials, services or facilities.
(3) Tenmrmate all orders and subcontractors to the extent that they relate to the performance of
work teninnated by the notice of termination:
(4) With the approval or ratification of the County', settle al1 outstanding liabilities and all
claims arising out of such terminatiun on orders or subcontracts, the cost of which would
be compensable or reimbursable in whole or in part in accordance with this Agreement.
Iit-8
D. Termiaarion Payment. Afte~ the effective date of a notice of term/nation for the
convenience of the County, the Contractor shall submit to the County his term/ration claim in the
(orm of a 5hal invoice ia accordance with the provisions ia "Method of Payment," includiag costs
recurred to the date of termination, and costs incurred because of termination, which termination
costs shall not exceed 10% of the total mount of proposal; provided, however, that ia the event of
default by the Contractor, no extra costs incurred because of termJxmtion shall be paid to the
Contractor and any costs paid shall not be a waiver of any claim, counterclaim or set-offby the
County against the Contractor on account of any default. Such claim mlnst be submitted
promptly, but in no event later than thirty (30) days fi:om the effective date of terminatinn, unless
one or more extensions are granted in writing by the County. Upon the Contractor's failure ro
submit a claim in the time allowed, the County may review the information available to it and
determine the amount due the Corgractor, if any, and pay the Contractor the amount as deter-
mined.
E. Termination Settlemenn Subject ro Paragraph 4.D., the Contractor and County may
negotiate the whole or any part of the amount or amounts ro be paid, if any, upon cancellation,
termination for default or for the sonvemence of the County.
F. Remedies. The Contractor shall have the right of appeal from any determination made by
the County under "Cancellation or Termination for Default or for Convenience of
CounV;" except that if the Contractor has failed to submit his claim within the time provided in
Paragraph 4.D., above, and has failed to properly request extension, he shall have no such righl of
appeal. In any case where the County has made a determination of the amount due under
Paragraphs 4.D. or 4.E., above, the County shall pay the Contractor: (1) the amoum the County
has determined ff there is no right to appeal or if no tLmely appeal Nas been taken, or (2) the
amount finally determined on such appeal if an appeal has been taken.
G. Method of Appeal. If the Contractor disagrees with the County's determination ander
Paragraphs 4.D. or 4.E., he can appeal this decision in wrking to the County. Such appeal must be
made within twenty (20) days of receipt in writing of the County's determination. The County
shall have twenty (20) days ha which to respond in writing to the appeal. The Comxty's response
shall be final and conclusive uuless within thirty (30) days fi:om the date of receipt of such
response the Contractor submits the dispute to a court of competent jurisdiction or submits a
demand for arbitration if requ/red by the Contract Documents.
17i',WEGRATION AND MODIFICATION
A. The Agreement constitates the full and complete agreement of the parties and supersedes
o~ incorporates any prior written' and oral agreements of the part/es. In addition_ the Contractor
anderstands that unless the contract is for goods or sernces of a value less than $50.000, no
County official or employee, other than the Board of County Commissioners actiag as a body ar a
Board meeting, has authority to enter iato a comract or to modify the terms of the Agreement on
behalf of the County. Any such conrrac~ or modification to this 2~greemenr must be in writing and
be executed by the paaies hereto.
B. With respect to change orders under the Agreemenz, the Count/and the Contractor shall
process and approve/disapprove requests for change orders as otherwise provided Lq this
Agreement, subject to the reqmrements of the Procuremenf Code and the Finance Office.
III-9
A. The Contractor (including, by de~d:Jtion here and hereinafter, its officials, employees,
agents and representatives, subcontractors and suppliers), shall and hereby does release, dis-
charge, indemnify and hold harmless the County of Pitkin and/ts officials, employees, agents and
representatives from and against liability for any claim, demand, loss, damages, penalty, judg-
ment, exposes, costs (including costs of investigation and defense), fees (including reasonable
attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily
injury, death, personal injury or property damage arising out of or in connection with any
negligent act, intentional act, error or omission by the Contractor, and for any consequential
liability alleged to accrue ~gainst the County on account of the'Contractor's acts/errors or omis-
sions; provided, however, that such indemnity shall not be construed as an indemnity for bodily
injury or property damage arising from the sole negligence of the County or its employees.
B. The Contract6r 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.
INSURANCE
A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual
relationship with the County such insurance policies, from companies licensed in the State of
Cdlorado, as will protect itself, the County and others as specified, from claims for bodily injuries,
death, personal injury or property damage, which may ar/se out of or result from the Contractors
acts, errors or omissions. The following insurance coverage, at or above the limits indicated and
in~Iuding such endorsements as are indicated by an "X!', are required:
(1) Statutory Workers' Compensation: Colorado statutory minimums
(2) Commercial General Liability - ISO 1998 Form or equivalent
(County named additional insured)
Each Occurrence Limit $1,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form (Al/risks) to include (place X by applicable provisions):
X Premises/Operations
- -- Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
(3) Business Auto Coverage:
. Combined Single Limit Liability (each accident) _$1,000~000.00
Coverage to include (place X by applicable provisions):
X Any Auto
Ail Owned Autos
l-lit ed Autos
Non-Owned Autos
III-10
Garage Liability
(4) Special Coverages (check as appropr/ate and insert amount):
( 1 ) Performance Bond
Labor and Mater/al
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
__.(4) Owner's Protective
(5) Builder's Risk amount of project
(6) Boiler and Machinery
__(71 Loss oflJse Insurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or
Fidelity Bond
EVIDENCE OF INSURANCE SHOIILD BE SENT TO:
Pitkin County
C/o Becky. Moiler
76 Serv/ce Center Road
Aspen, CO 81611
Fax: 970-923-2043
B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance
in a form acceptable to the County shall be filed with the County (through the County
Represemative) no later than ten (10) calendar days prior to commencement of operations
affecting the County. Fa/lure to file or maintain acceptable Certificates of InSurance with the
County is agreed to be a mater/al breacli of any contract and grounds for rescission or
termination. These Certificates of Insurance Shall .contain a provision that coverage afforded
under the policies will not be canceled or matm'ially altered unless at least thir[y (30) calendar
days prior written notice by cerfiSed mall, return receipt requested (effectige upon proper
mailing), has been sent to the County (through the County's Risk Depamnent). (For purposes of
this pro-v/sion, "materially altered" shall mean a change affecting the coverages required herein,
/ncluding a change to policy limits as set out in the then-current policy declarations page).
Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's Risk
Deparanent (and promptly update, as necessary) a certified statement as to claims pendin~ against
the required covcTages, reserves established on account of such cia/ms, defense costs expended
and amounts remaining on policy limits.
C. In addition, these Certificates of Insurance shall contain the following clauses::
(1) The clause "other insurance provisions," in a policy in wk/ch the County of Pftldn holds a
Certificate, shall not apply to the County of Pitldn.
The insuranqe companies issuing the policy or policies hereunder shall have no recourse
against the County of Pitltin for payment of any premiums or for assessments under any
form of policy.
III-11
(3) Any and all deductibles in the above-described insurance policies shall be assumed by and
be for the mount of, and at the sole expense of the Contractor.
(4) Location of operations shall be: "ali operations and locations at which work for the
referenced Project is being done."
D. Certificates of Insurance for ail renewal policies shall be delivered to the County's
Representative at least fifteen (15) days prior to a policy's expiration date except for any policy
expiring on the expiration date of this A~eement or thereafter.
E. The County reserves the right to request and receive a copy of any pol/cy and any policy
endorsement.
EXEMPTIONS AND PRJEFERENCES
A. All purchases of construction or building or any other materials for this Agreement shall
not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is
exempt from such taxes anFler regis!ration numbers 98-02624 and 84-78000-5141.
B. Pursuant to state statate and to the extent permitted by law, Colorado labor shall be
employed to perform the work tothe 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 ali laborers shall be bona fide residents of Colorado with a
preference to residents of the County where the work is performed.
C. Preference is ~van, to the extent perm/tted by law, to: materials, supplies and provisions
produced, manufactured or grown in Colorado, quality being at least equal to materials, supplies
and provisions from outside the state; and to local (Roaring Fork Valley) services and labor of
quality at least equal to non-local services and labor.
~CO~S
The Contractor shall maintain comprehensive, complete and accurate books, records, and
documents concerning its performance relating to this Agreement fora period of three (3) years
after fmaI payment under the Agreement and the County shall have the fight within the three (3)
year period to inspect and audit these books, records and documentk, upon demand, in a
reasonable mariner and at reasonable times, for the purpose of determining, by accepted
accounting and auditing standards; compliance with ali provisions of the Agreement and
applicable law.
TI-I]5~ PARTIES
This Agreement does not and shatl not be deemed or construed to confer upon or grant to any
ttdrd party or parties, except to parties to whom Contractor or County may assign this Agreement
in accordance with the specific written permission, any rights to claim damages or to bring any
suit, action or other proceeding against either the County or Contractor because of any breach
hereof or because of any of the terms, covenants, a~eements or conditions herein contained.
AGP,.EE1VEENT MADE IN COLOR-ADO
1II-12
12.
13.
14.
The parties agree that this Agreement was made in accordance with the laws of the State of
· Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin
County, Colorado.
ATTORNEY'S FEES
In the event that legal action is necessary to enforce any of the provisions of this Agreement, the
prevailing party shall be entitled to its costs and reasonable attorney's fees.
GOVERNMENTAL IMMIJN1TY
Contractor agrees and understands that Pitldn County is relying on and does not waive, by any
provision of this Agreement, the monetary limitations or terms (presently $150,000.00 per
person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, 24-10-101, et. seq., C.R.S., as from time to time
amended, or otherwise available to Pitldn County or any of its officers, agents or employees.
Fur[her, nothing in these Requ/red Clause or the Agreement shall be construed or interpreted to
require or provide for indemnification of the Contractor by the County for any injury to any
person or any property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
CURRENT YEAR OBLIGATIONS
The parties acknowledge and agree that any payments provided for hereunder or
requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin County. Pitkin County's obligations under this Agreement are
subject to Pitkin County's annual right to budget and appropriate the sums necessarv ro
provide the services set forth herein. No provisions of the Agreement shall constitute a
mandatory charge or requirement in any ensuing fiscal year beyond the then current
fiscal year of Pitkin County. No provision of the Agreement shall be construed or
interpreted as creating a multiple-fiscal year direct or indirect debt or other financial
obligation of Pitldn County within the meaning of any constitutional or statutory debt
limitation. This Agreement shah not directly or indirectly obligate Pitkin County to
make any payments beyond those appropriated for Pitldn County's then current fiscal
year. No provisions of this Agreement shall be construed to pledge or create a lien on
any class or source of Pitkin County's moneys, nor shall any provision of this agreement
resthct the future issuance of Pitldn County's bonds or any obligations payable from any
class or source of Pitkin County's money.
111-13
ResoHrceRecover
Date: September 23, 2003
NOTICE OF AWARD
TO: Aspen Earthmoving
The Owner, having duly considered the Proposal submitted on July 29, 2003, work covered by the Contract
Document titled: ~er Mountain m the amount of $3.466~07, and it appearing that the Price and other
information in your Proposal Form is fa/~, equitable and to the best interest of the Owner, the offer in your
Proposal Form is hereby accepted.
In accordance with the rm~ns of the Contract Documems, you are required to execute the Agreemem in
three copies within ten (10) consecutive days ~rom and including the date of this Notice of Award.
In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with
the reqmrement for insurance as stated in the Contract Documents to Becky Moller, 76 Sezvice Center
Road,_Aspen, CO 81611, fax: 970-923-2043
PITKIN COUNTY
Becky Moiler
:ACCEPTANCE OF NOTICF~ ........
Re~p~//~ve;Nohce of Award is
hereby acknowledged
Solid Waste Center
76 Service Center Roaa Aspen, Colorado 81611 III-15
(970) 923-3487 fax (970) 923-2043 www.aspenpitkin.com