HomeMy WebLinkAboutbocc.con.105.2007
CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR
SCANNING/ARCHIVING
CONTRACT #: 105-2007
Originating DepartmentlDivision: Facilities Management
Contact Person: Jeff Pendarvis
Project Name:
Phone #: 970-920-5763
D BOCC AGENDA ITEM
(BOCC signature required)
IZISTAFF AUTHORIZED SIGNATURE
(per Revised Procurement Code 7/2005)
Check procurement type:
DNone IZIInformal DFormal DSole Source DEmergency DState Bid D
Check Contract Tvpe:
Dollar Amount: $34,775.00
Budget Line Item/Ledger Number 166.63.92863.86270
DEmployment (for county employees)
DIntergovemmental Agreement (Requires BOCC Action)
DNon-Profit
DQuasi-Public
DGrant Agreements (Requires BOCC Action)
DChange Order/Contract Amendment
DServices/Maintenance
DLicenselUse
DLease
IZIConstruction
DGoods, Equipment, Supplies
DOther (e.g. revenue)
Contractor/Business
Inc.
Complete Name: Forrest Painting & Decorating,
Contract Execution June 11,2007
Automatic Renewal No
Contract End Date: July 9, 2007
Term of Contract: 30 Days
All Contracts should be proofed for the following:
IZINo Pages Missing
IZIIf a Page is Left Intentionally Blank -Note on Page
IZIPage numbered consecutively
IZIAII Signatures Affixed
IZIAll Dates Filled In
IZIAII Other Blanks Filled In
IZIAII Exhibits Attached
IZIAll Legal Descriptions Attached (if appropriate)
IZINotice of AwardlProceed Attached (if appropriate)
DSpecial Instructions for Finance Department:
IZISent to Clerk and Recorder for Scanning! Archiving
IZIAuthorized Staff Person's Name: Jeff Pendarvis
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF
PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY
FOR SCANNING.
Note: Clerk's Office will keep original documents in compliance with Colorado State
Archives retainage schedule.
NOTICE OF AWARD
Date: June 6, 2007
Forrest Painting & Decorating, Inc.
P.O. Box 3829
Basalt, CO 81621
(970) 927-4153
(970) 927-4689 - fax
The Owner, having duly considered the Proposal submitted on May 24.2007, for the work
described in your Proposal in the amount ofThirtv Four Thousand Seven Hundred Seventy Five
Dollars ($34.775.00), and it appearing that the Price and other information in youT Proposal Form
is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby
accepted.
In accordance with policy, you are required to execute the Agreement within ten (10) consecutive
days from 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 requirement for insurance to Jeff Pendarvis, Project Manager, 530 E. Main
St. Ste. BOM, Aspen, CO 81611, (970) 920-5763, (970) 902-5285 fax. Please call for
clarification or if you have any questions.
PITKIN 9;9UN~
By: I ti/; ~
(/'/ Je Pendarvis, Project Manager
i./ f
=====----ACCEPTANCEOF NOTICE==----==
Receipt of the abo e Notice of A ward is hereby acknowledged
By ~ '7:""" thisgdayof :JiY.~007.
Title
')
NOTICE TO PROCEED
DATE:
June 14,2007
TO:
Forrest Painting & Decorating
FROM:
Pitkin County
You are hereby authorized to proceed on June 15. 2007 or within ten (10) consecutive
calendar days thereafter, with the work covered by Pitkin County Contract #105-2007.
By:
ermi ing should be approved and on site prior to commencement of
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Pitkin COImty Library Soffit Repair. Project #105-2007
Ledger #166.63.92863.86270
PITKIN COUNTY CONSTRUCTION CONTRACT
THlS CONTRACT, made this 8th day of June 2007, by and between the Board of
County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and
Forrest Painting & Decorating, Inc.(hereinafter called the "Contractor") to perform the following
work: Librarv Soffit ReDairIPainting ("Project").
I. Term of Contract. The term of this contract is from June 8. 2007 to Julv 9. 2007. At the
expiration of the initial term, the contract may be extended for an additional term often (\ 0) days
by the express written consent of both parties.
II. Scope of Work and Work Schedule.
A. Repair, replace and repaint the soffits at the Pitkin County Library. This includes
but not limited to complete drywall repair and replacement as necessary. Also
power wash, scrape, sanding and prepare soffits for priming and painting and to
be finished with uniform coats of exterior latex paint to all soffits in existing
color. Included are all the white exterior soffits on the building. Also see
Exhibits.
Exhibit A: Proposal from Forrest dated May 24, 2007
B. All work performed under this Contract shall be done according to the following
work schedule:
June 6, 2007 - Notice of Award.
June 8, 2007 - Contract 1ssued.
June 15,2007 - Notice to Proceed.
July 2, 2007 - Substantial completion.
July 3,2007 - Final Punch List.
July 9, 2007 - Project Complete.
III. Pavment. The County agrees to pay, and the Contractor agrees to accept, in full payment
for the performance of this Contract, the total price of Thirty Four Thousand Seven Hundred
Seventy Five Dollars ($34,775.00) 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.
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax. email: jetTp@co.pitkin.co.us
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Pitkin County Library Soffit Repair ~ Project #105-2007
1. Contractor shall submit applications for payment every 14 days
for work done to date.
2. Progress payments.
a. County shall make progress payments, within thirty (30) days of
County's approval of Contractor's pay request.
b. If Contractor is satisfactorily performing this Contract, progress
payments shall be in an amount equal to ninety percent (90%) of the calculated
value of any Project work completed, less the aggregate of payments previously
made until fifty percent (50%) of the Project work required by this Contract has
been performed. Thereafter, County shall pay all remaining progress payments
and maintain only existing retainage if, in the opinion of the Procurement Officer
and County, satisfactory progress is being made on the Project. If, in the opinion
of the Procurement Officer and County, satisfactory progress is not being made
on the Project, or if claims are filed under Section 38-26-107, Colorado Revised
Statutes, 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
Procurement Officer'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.
B. County shall make final payment, including release of retainage, to Contractor in
accordance with this Contract and Section 38-26-107, C.R.S. and Section 24-91-103, C.R.S., as
amended.
IV. Contractor's Obligations.
A. Supervision and Superintendence.
I. 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
complies accurately with this Contract.
2. The Contractor shall appoint and identify to the County and Procurement
Officer, 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
Procurement Officer 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.
Pitkin County Facilities Management, 530 E. Main, Suite RGM, Aspen, CO 81611
(970) 920-5763. (970) 920-5285 fax. email: jeffp@co.pitkin.co.us
.../
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Pitkin County Library Soffit Repair - Project #105-2007
B. Subcontractors, Suppliers and Others.
I. The Contractor shall not employ any subcontractor, supplier or other
person or organization (including those acceptable to the County and the Procurement
Officer, whether initially or as a substitute) against whom the County or the Procurement
Officer 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 Procurement Officer. No acceptance
by the County or the Procurement Officer of any such subcontractor, supplier or other
person or organization shall constitute a waiver of any right of the County or the
Procurement Officer to reject defective Project work.
3. The Contractor shall be fully responsible to the County and the
Procurement Officer 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 Procurement Officer and any such subcontractor, supplier or
other person or organization, nor shall it create any obligation on the part of the County
or the Procurement Officer to payor 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 Procurement Officer.
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 Procurement Officer 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
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax, email: jeffp@co.pitkin.co.us
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Pitkin County Library Soffit Repair - Project #105-2007
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 Procurement Officer 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.
I. 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
Procurement Officer 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 Procurement Officer 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
Pitkin County Facilities Management, 530 E. Main. Suite BOM, Aspen, CO 8J611
(970) 920-5763, (970) 920-5285 fax, email: jeffp@co.pitkin.co.us
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Pitkin County Library Soffit Repair - Project #105-2007
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.
I. 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.
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 courses of the
Contract and not only to normal Project work hours.
2. 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 Procurement Officer. 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 Procurement Officer.
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.
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax, email: jeffp@co.pitkin.co.us
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Pitkin County Library Soffit Repair - Project #105-2007
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.
I. After checking and verifying all field measurements and after complying
with applicable procedures specified in this Contract, the Contractor shall submit to the
Procurement Officer 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 Procurement Officer 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 Procurement Officer to review the information as required.
2. The Contractor shall also submit to the Procurement Officer 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 ofthe 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 ofthe Project and this Contract.
4. At the time of each submission, the Contractor shall give the Procurement
Officer specific written notice of each variation that the shop drawings or samples may
have from the requirements of this Contract, and, in addition, shall <;ause a specific
notation to be made on each shop drawing submitted to the Procurement Officer 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 Procurement Officer'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.
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax, em.iI: jeffp@co.pitkin.co.us
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Pitkin County Library Soffit Repair - Project #105-2007
A. Contractor shall furnish a performance and payment bond in the amount of one
half of the total Contract value for all Contracts over $50,000, as required by C.R.S. ~ 38-26-101,
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. Indemnitv. The Contractor (including, by definition here and hereinafter, its officials,
employees, agents and representatives, subcontractors and suppliers), shall and hereby does release,
discharge, indemnifY and hold harmless the County of Pitkin and its officials, employees, agents
and representatives from and against liability for any claim, demand, loss, damages, penalty, judg-
ment, expenses, 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 against the County on account of the Contractor's acts, errors or omissions; 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.
The Contractor further shall investigate, process, respond to, adjust, provide defense for and
defend, payor 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. The Contractor agrees to procure and maintain, at its own expense, a policy or
policies of insurance as specified in this section. The Contractor shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages as specified in this
section.
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 Colorado, as will protect itself, the County and others as specified , from claims for
bodily injuries, death, personal injury or property damage, which may arise out of or result from
the Contractor's acts, errors or omissions. The following insurance coverage, at or above the
limits indicated and including such endorsements as are indicated by an "X", are required:
I. Statutory Workers' Compensation: Colorado statutory minimums
2. Commercial General Liability - ISO 1998 Form or equivalent
(With 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
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax, email: jeflp@co.pitkin.co.ns
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Pitkin County Library Soffit Repair - Project #105-2007
Comprehensive Form (All risks) to include (place X by applicable
provisions):
.lL
-X
.lL
.lL
.lL
.lL
Premises/Operations
Underground, Explosion & Collapse Hazard
Products/Completed Operations
Contractual Liability
Independent Contractors and Subcontractors
Broad Form Property Damage
Personal Injury
3.
Business Auto Coverage:
Combined Single Limit Liability (each accident)
$1.000,000.00
4. Special Coverages (check as appropriate and insert amount):
(1) Performance Bond
Labor and Material
Payment Bond
(2) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. To provide evidence of the required insurance coverage, copies of
Certificates of Insurance in a form acceptable to the County shall be filed with the
County through the Procurement Officer, no later than ten (10) calendar days prior to
commencement of operations affecting the County. Failure to file or maintain acceptable
Certificates of Insurance with the County is agreed to be a material breach of any
Contract. These Certificates of Insurance shall contain a provision that coverage afforded
under the policies will not be canceled or materially altered unless at least thirty (30)
calendar days prior written notice by certified mail, return receipt requested (effective
upon proper mailing), has been sent to the County (through the County's Risk
Department). (For purposes of this provision, "materially altered" shall mean a change
affecting the coverage's required herein, including 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,
through the Procurement Officer (and promptly update, as necessary), 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.
Pitkin County Facilities Management, 530 E. Main, Suite BOM, Aspen, CO 8161]
(970) 920-5763. (970) 920-5285 fax, email: jeffp@co.pitkin.co.us
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Pitkin County Library Soffit Repair - Project #l05~2007
2.
clauses:
In addition, these Certificates of Insurance shall contain the following
a. The clause "other insurance provisions," in a policy in which the
County of Pitkin holds a Certificate, shall not apply to the County of Pitkin.
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 fonn of policy.
c. Any and all deductibles 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
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 Contract or thereafter.
4. The COlmty reserves the right to request and receive a copy of any policy
and any policy endorsement at any time during the tenn of this Contract.
VIII. ExemPtions and Preferences.
A. All purchases of construction or building or any other materials for any Contract
shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin
County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
B. Pursuant to state statute and to the extent pennitted by law, Colorado labor shall
be employed to perfonn 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.
I. 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 Procurement Officer
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,
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen. CO 81611
(970) 920-5763. (970) 920-5285 fax, email:jetfp@co.pitkin.co.us
9
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Pitkin County Library Soffit Repair. Project #105-2007
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 ofthe 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 Procurement
Officer.
5.
shall restore
expense.
If the Contractor disturbs any of the landscape not called for removal, it
those areas as directed by the Procurement Officer at the Contractor's
B. Hazardous Materials
1. The County shall not be responsible for the cost of and the removal or
clean up 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 Procurement Officer with a written
certification each time materials or equipment is brought onto the Project site that such
materials or equipment do not contain Hazardous Materials.
X. County Work at the Proiect 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 wiIl only cut or alter their work with the
written consent of Procurement Officer and the others whose work wiIl be affected. The duties
and responsibilities of Contractor under this paragraph are for the benefit of such utility owners
Pitkin County Facilities Management. 530 E. Main, Suite BGM. Aspen. CO 81611
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Pitkin County Library Soffit Repair - Project #105-2007
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 Procurement Officer 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.
XL Changes in the Proiect 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.
I. The Procurement Officer 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
Procurement Officer 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 Procurement Officer 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
Procurement Officer prompt written notice of such matters.
I. 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,
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
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Pitkin County Library Soffit Repair. Project #105-2007
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 (l0) 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 (l0) consecutive calendar_days after
the Contractor becomes aware of such circumstance or matter.
3. Submittal Requirements and Waiver of Claims
a. 1f 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 Procurement Officer 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 Procurement
Officer, 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 Procurement
Officer, 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 Acceotance of
Defective Proiect Work.
A. Warranty.
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 8161 1
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Pitkin County Library Soffit Repair - Project #105.2007
I. 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 frorn failure for a period of not less than one
(l) vear 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 Procurement Officer; or
c. Enforce all warranties for the benefit of the County, if directed by the
Procurement Officer.
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
B. Access to Project. The Procurement Officer and the Procurement Officer's
representatives, other representatives of the County, testing agencies and govemmental 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.
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax, email: jeffp@co.pitkin.co.us
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Pitkin County Library Soffit Repair - Project #105.2007
I . 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 Procurement Officer 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 Procurement Officer'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 Procurement Officer.
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 Procurement Officer, it
must be uncovered for observation. Such uncovering and testing when required by the
Procurement Officer shall be at the Contractor's expense.
5. Neither observations by the Procurement Officer 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 Procurement Officer
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
Procurement Officer 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
Pitkin County Facilities Management. 530 E. Main, Suite BGM, Aspen, CO 8161 1
(970) 920-5763, (970) 920-5285 fax. email: jeffp@co.pitkin.co.us
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Pitkin County Library Soffit Repair - Project #1 05~2007
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 lirnited 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 (I 0)
consecutive calendar days after written notice of the Procurement Officer 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 Procurement Officer or the County in accordance with paragraph D of this Section,
or if the Contractor fails to perform the Project work in accordance with the Contract Documents, or
if the Contractor fails to comply with any other provision of the Contract Documents, the County
may, after seven (7) days' written notice to the Contractor, correct and remedy any such deficiency.
In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to
the extent necessary to complete corrective and remedial action. The County may exclude the
Contractor from all or part of the site, take possession of all or part of the Project, and suspend the
Contractor's services related thereto, take possession of the Contractor's tools, appliances,
construction equipment and machinery at the site and incorporate in the Project all materials and
equipment stored at the site or for which the County has paid the Contractor but which are stored
elsewhere. The Contractor shall allow the County, the County's representatives, agents and
employees such access to the site as may be necessary to enable the County to exercise the rights
and remedies under this paragraph. All direct, indirect and consequential costs of the County in
exercising such rights and remedies will be charged against the Contractor, and a Change Order will
be issued by the County incorporating the necessary revisions in the Contract price. Such direct,
indirect and consequential costs will include but not be limited to fees and charges of engineers,
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. Liauidated Damages. It is the County's intent to complete this project no later than (July
9, 2007). Liquidated damages of ($100.00) per calendar day shall be paid if project is not
completed by that deadline.
A. Time for Completion. It is hereby understood and mutually agreed, by and between
the Contractor and the County, that the date of beginning Project work and the time of completion
as specified herein are essential conditions of the Contract. The Contractor agrees that said Project
shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion
within the timers) 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
Pitkin County Facilities Management, 530 E. Main. Suite BGM. Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax, email: jeffp@co.pitkin.co.us
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Pitkin County Library Soffit Repair - Project #105-2007
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 wiIl be irnpractical 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 ofthis 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. 1f, by reason of Force Majeure, any party hereto
shall be rendered unable wholly or in part to carry out its obligations under this Contract then such
party shall give notice and full particulars of such Force Majeure in writing to the other party within
a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party
giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the
continuance of the liability then claimed, but for no longer period, and any such party shall remove
or overcome such inability with all reasonable dispatch. The term Force Majeure as employed
herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public
enemy, orders of any kind of the Government of the United States or the State of Colorado or any
political subdivision, except the County, or any civil or military authority, insurrection, riots,
epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts,
arrests, restraint of government and people. civil disturbances, explosions, breakage or accidents to
machinery, pipelines, or canals, or other causes not reasonably within the control of the party
claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall
be entirely within the discretion of the party having the difficulty, and that the above requirement
that any Force Majeure shall be remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when
such settlement is unfavorable to it in the judgment of the party having the difficulty.
F. Cumulative Remedy. The liquidated damages referred to herein are intended to be
and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at
law, in equity, by statute, or under Contract.
XIV. Termination of Contract.
A. The County may terminate this Contract upon the occurrence of anyone or more of
the following events:
Pitkin County Facilities Management, 530 E. Main, Suite BGM. Aspe~ CO 8161 1
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Pitkin County Library Soffit Repair - Project #10S~2007
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. 1f 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 equiprnent 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 (I 0)
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. Not withstanding 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 Contractor 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.
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
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Pitkin County Library Soffit Repair - Project # 105-2007
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. Comoutation 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 ofthe essence.
XVII. Records and Cost Pricing Data.
A. The Contractor shall maintain in a safe place at the site one record copy of all
Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive
Changes, Field Orders and written interpretations and clarifications in good order and annotated
and updated weekly to show all changes made during construction. These record documents
together with all approved samples will be available to the Procurement Officer for reference.
Upon completion of the Project, these record documents and samples will be delivered to the
Procurement Officer 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 to 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.
Pitkin County Facilities Management, 530 E. Main. Suite BGM, Aspen, CO 8J6J J
(970) 920-5763. (970) 920-5285 fax. email: jeffp@co.pitkin.co.us
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Pitkin County Library Soffit Repair - Project #105-2007
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. Assignability. This Contract is not assignable by either party. Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in writing by
the County.
B. Binding Arbitration. Any disputes arising out of this Contract shall be subject to
binding arbitration. The parties agree that any disputes concerning the terms and conditions of
this Contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the American Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to arbitrate Pitkin County Contract disputes. Costs of
the arbitration shall be awarded to the substantially prevailing party.
C. 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.
D. 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.
E. 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.
F. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract including the arbitration described in this section, the substantially
prevailing party shall be entitled to its costs and reasonable attorney's fees.
G. 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, 24-10-101, et seq.,
C.R.S., 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.
H. 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
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
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Pitkin County Library Soffit Repair - Project #105.2007
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.
I. Notice. Any notice required by this Contract shall be deemed delivered through
either of the following: (l) hand delivery to the person at the address below or (2) by certified
first class mail, postage prepaid, return receipt requested addressed as follows:
I.
To Pitkin County
Jeff Pendarvis, Project Manager
530 E. Main Street, Suite BGM
Aspen, Colorado 81611
Fax (970) 920-5285
with copies to:
Pitkin County Attorney's Office
530 E. Main Street, #302
Aspen, Colorado 81611
Fax (970) 920-5198
2.
To Contractor:
Forrest Painting & Decorating, Inc.
Tim Forrest
P.O. Box 3829
Basalt, CO 81621
Fax (970) 927-4689
J. Waiver. No waiver by either party of any right, term or condition of this Contract
shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver
of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the
same or of a different provision of this Contract.
XIX. Contractor's Representations.
A. In order to induce County to enter into this Contract, Contractor makes the
following representations:
1. Contractor has familiarized himself with the nature and extent of this
Contract, Project, locality, and with all local conditions and federal, state, and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress, or
performance of Project.
2. Contractor has carefully studied the site and has performed all necessary
investigations, tests, and subsurface investigations to define the latent physical conditions
ofthe 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,
Pitkin County Facilities Management, 530 E. Main, Suite BGM. Aspen, CO 81611
(970) 920-5763. (970) 920-5285 fax, email:jeffp@co.pitkin.co.us
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Pitkin County Library Soffit Repair - Project #105-2007
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 Procurement Officer written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the written resolution
thereof by Procurement Officer 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. Counteroarts. This Contract may be executed in multiple counterparts, each of which
shall constitute an original, but all of which shall constitute one and the same document.
XXI. Compliance With House Bill 06-1343
A. In compliance with House Bill 06-1343, amending Title 8 of the Colorado
Revised Statutes by the addition of Article 17.5, Illegal Aliens-Public Contract for Services,
enacted by the General Assembly of the State of Colorado, the Contractor shall not:
1. Knowingly employ or contract with an illegal alien to perform work under
this contract or;
2. Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this contract.
B. In compliance with House Bill 06-1343 enacted by the General Assembly of the
State of Colorado:
1. The Contractor shall verify or attempt to verify through participation in
the Basic Pilot Program [created in Public Law 208, 104th Congress, as amended and
expanded in Public Law 156, 108th Congress, as amended, that is administered by the
United States Department of Homeland Security] that the Contractor does not employ
any illegal aliens and, if the Contractor is not accepted into the Basic Pilot Program prior
to entering into this contract, the Contractor shall apply to participate in the Basic Pilot
Program every three months until the Contractor is accepted or this contract has been
completed, whichever is earlier. This provision shall not be required or effective if the
Basic Pilot Program is discontinued.
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax. email: jeffp@co.pitkin.co.us
21
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Pitkin County Library Soffit Repair - Project #105-2007
2. The Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while this contract
is being performed.
3. If the Contractor obtains actual knowledge that a subcontractor performing
work under this contract knowingly employs or contracts with an illegal alien, the
Contractor shall be required to:
a. Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (a) of this
paragraph (3) the subcontractor does not stop employing or contracting with the
illegal aliens; except that the Contractor shall not terminate the contract with the
subcontractor if during such three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an
illegal alien.
4.The Contractor shall comply with any reasonable request by the Department of
Labor and Employment made in the course of an investigation that the Department of
Labor and Employment is undertaking pursuant to the authority established in
Subsection (5) ofC.R.S. S 8-17.5-102.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out
herein above.
CONTRACTOR
Forrest Painting & Decorating, Inc.
P.O. Box 3829
Basalt, CO ~
~/
By:.. /
, ame
iff/",-- I J 0 ?-
,
Date
//l.<.A _
Title
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax, email: jeffp@co.pitkin.co.us
22
d;)
Pitkin County Library Soffit Repair - Project #105-2007
TE OF COLORADO
Date
Je
\~~
Joq.i ~mith, Facilities Manager
la,L\ lIB
Date
Date
ProjectlPurchase Contract # 105-2007 and Line Item Account # 166.63.92863.86270
Pitkin County Facilities Management, 530 E. Main, Suite BGM, Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax, email: jefTp@co.pitkin.co.us
23
f)ro
MAY.24.2007 2:12PM
FORREST PAINTING
NO.50El
P.l
Pitkin County Library Soffit Repair ~ Project #105-2007
FORREST PAINTING &; DECORATING, INC.
P.O. Box 8829
Basalt, CO 81621
(970) 927-4153
Fax (970) 927.4689
May 24, 2007
if' :iA~ ~ fD)
PItkin County Courthouse
Attn: Jody Smith
920-5396 - phone
920-5374 - fax
Re: Pitkin County Library
120 Mill Stre6t
Aspen, Colorado
Jody:
Thank you for reviewing with me the exterior white soffit detail at the Pitkin
County Library. As you have pointed out, the white soffits are In need ofrepair and
repainting on the entire bulldlng. I have reviewed the project and estimating costs for the
complete drywall repair and replacement as necessary and the priming and painting to
follow. Included are all tho white exterior soffits on the bulldlng, Costs include all
necessary labor, equipment and materials for the project.
$34,775.00
Should you accept our costs. I will review the project with you to be sure the
entire acope is included In the dme frame necessary for ""cryone.
Labor and Materials:
All work to be performed in a timely and professional manner. Plesse contact me
dlrectly at 379-4363 with any questloM. .
Pitkin County Facilities Management, 530 E. Main, Suite 80M, Aspen, CO 81611
(970) 920-5763, (970) 920-5285 fax, email: jefli>@co.pitkin.co.us
24
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