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HomeMy WebLinkAboutbocc.con.006.2010CLERK'S CHECK LIST F(JR CONTR,ACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: 006.2010 ORIGINATING DEPARTMENT/DIVISION: FacilitieslPublic Works CONTACT PERSON: Jodi Smith PHONE #: x5396 PROJECT NAME: Public Works Grate Repairs ^ BOCC AGENDA ITEM ~STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (per Revised Procurement Code 7/2005) ^ Over $50,000 (Requires County Manager's Signature) / CHECK PROCUREMENT TYPE: ~None ~Informal ~Formal ~Sole Source ~Emergency ~State Bid ^ ^Compliance with House Bills 06-1343 and 07-1073 - Immigration Form (Under $10,000, Letters of Engagement, etc DOLLAR AMOUNT: p$p, BUDGET LINE ITEMJLEDGER NUMBER:~'f 1, SS, kSS '~ 2 3~ ~,a oa p,~ ,~ r / CHECK CONTRACT TYPE: ^Services/Maintenance ^Employment (for county employees) ^License/Use ^Intergovernmental Agreement (Requires BOCC Action) ^Lease ^Non-Profit ~Construction ^Quasi-Public ^Goods, Equipment, Supplies ^Grant Agreements (Requires BOCC Action) ~Other (e.g. revenue) ^Change Order/Contract Amendment CONTRACTOR: Myers & Company, Architectural Metals COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Contract Execution Date:2/8/10 Contract End Date: 3f5/10 Automatic Renew~l: ^Yes ~No Term of Contract: ~~'A'~ 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 /~HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract / ^All Legal Descriptions Attached (if applicable) /~Notice of Award/Notice to Proceed Attached (if applicable) / ^Warranty (if applicable) / ^Special Instructions for Finance Department: /~Sent to Clerk and Recorder for ScanningJArchiving /~Authorized Staff Person's Name: Jodi Smith BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHNES RETAINAGE SCHEDULE. PITKIN COUNTY PI;BL[C WQRKS F[ApR DRAIN/GRA'PE REPAiRS Cc~NTRACI' n o06.20~o Rev. 3I28f09,jls THIS GUNTRAC'T, made this 2nd day of Februarv, by and betw•een the Board vM' C'ounty Commissioners o~ Pitkin County, Colarado, (hereinafter cafled Che "County'") aEtd Mlvers & Company Architectural Metals 555 Basa(t Ave, Basalt Colorada 81621 hereinafter called the "Contractor") ta perfonn the following ~i~ork: F'ub{ic Worlcs I'laor Urain/Grat~: (tepairs (`PrajceE"). 1. Terrn of Contract. The term of this cc~ntract is from Februarv 4 2010 to I~raar~'i~, ?(I 10. ~ y~,,~rtct._ S I1. Scape af' Work and Work Schedule. i) Pricing for labor and materials for tre-fch drain repair to include: (1) Time & Materials contract, not to excee.d $20,25UA0 (2} This is a tax exempt project (certificat~ avaifable) (3) Kemova! ofi existing metal frame (4) Saw cut ~f'cancrete ( 5} Graut to repair all saw cut/c~ncrete (f~) 52~ If 2x2xi/~!" ~alvanized an~;le; (based 2S0 ft an ~8l(If1 (7) 'I~rash rem~val (county dumpster/metal recycle bin) ii) E:nd result anc~ exceptian c~t'the project is to replace the metal brackets and re~lace them with non-corrosive metal fc~r lungevity and safety. iii) Existing grates w~il! be re-u~:c1. iv) All ~rates must be stable and flush with the floor upan completion ~fthe project; this is a safety issue and na tripping hazard can exist at the end afthe projcct. 2) All ~vark perfarmed under this Cantrac:t shat! be dane accordin~, to the #ollowing w~ark schedule: 1) ~ll cornmunication shalf go through Mark E3enesh M-W by cal{ing 379-b38~ or Brent Eieaton W-F by calling 618-9827. 2) All work must be schedule through the Facilities Management Clepartment Cc~ntacts Iisted abave priar to work. Na exceptions. 3) Stagin~ arc;a rnust be cuvrciinateJ with Mark B~nesli ~) 'Vl='ark flow/schedule must be provided in writing tn Mark, this wili allow caUrdinatic~~i uf moving equipment and use of the faci lities. S} All changes and authorization must bc in writing; vcrbal communications ~vill nc~t be honared or valid. C~ [1!. Pa~~rnent. ~I'he C'ounty- agrees tU pay, and the Contractor agrees to accept, ~n full payment for the perfarmance of this ('ontract, the tota) price nc-t Cc~ exceed $20.'S0.00 in accordance with this Contract, subject to increase ar decrease in accordance with the provisions af this C:c~ntra~t: PITKIN COUNTY COIVSTRUCTION COIVTRACT PITKIN COUNTY PUBLIC WORKS FLOOR DRAIN/CRATE REPAIRS CONTRACT # 006.2010 Rev. 3/28/09 jis hut any payment by the County may he offset by any amount the Contractor owes the County for any reason. A. Payment Procedures. 1. Contractor shall submit applications for payment every 30 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 tiled 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 he as binding as if given to the Contractor. B. Subcontractors. Suppliers and Others. 2 PITKIN COUNTY PUBLIC WORKS FLOOR DRAIN /GRATE REPAIRS CONTRACT r 006.2010 Rev. 3128/09 jls 1. 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 pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 4. All Project work performed for Contractor by a subcontractor will be pursuant to an appropriate Contract between the Contractor and the subcontractor which specifically hinds 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 pay all charges of utilities for connections to the Project, and the County shall pay all charges of such utility owners fur capital costs r elated 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 3 PlTKIN COUN1'Y PUBLIC ~'VORKS FtAOR DRt11N jGRATE REPAIR3 COIvTItACT ~ 0o6,2oi~ Rev. 3,f28r09 jls and performance of the Project ineiudin~ rules, reg~ilati~ns, and ~rdinances the County promulgates at any time. Except where otherwise express(y required by applicabie taws and regulatians, neit~er the Gaunty nor the Procurement Officer shal! be responsibie for monitoring the Contractar'~ comptiance witil any (_.aws ~r Reguiations. F. Taxes. The Cuniractur shall pay all existing ai~d future applicable f~deral, state and local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax may not apply to materials ~urchased by the Gounty. "T~he Contract price shall include al) ather federal, state, and/or loca) direct ar indircct taxes, whieh da Apply. The Contruct price shall include the cost af compliance with alt other Federal {.a~i~s and Regulations at no additional cost to the County (except as provided in this Cantract}. "l'he C:ontractar shall not be reimbursed separateiy f'Qr any taxes, which may apply eYCept as prc>vided in this Cantract, and the Contracior shall be responsible for all taxes, which may apply. The County is tax exernpt from Federai Excise "I'ax and Colorado State or lacal sates or use taxes. I he C;~ntractor anci its subcontr~ctors sha(1 apply to the Cotorado Department c~f i2evenue f~r a(`ertifieate c~F Fxemption indic~ting that the Contrae#or or subcontractor's purchase of construction material or bu+lding rnaterials is far use in a building, structure, or oth~r public w~qrk owr-ed anti used by the C:ounty. G. llse of Premises. I. The Contractor shall cont7ne coiistruction equipment, the storage of' materials and equipment and the aperations of workers tc~ the Project site and land and areas permitted by this Gcmtract, lativ, ordinanc~;s, and pcrmits. The Cantr~zctor shall assume fuil res~onsibility for anv~ dama~;e to any such land or area, or tt~ the Gc~unty or occupant there~t' or of any land ar areas conti~;uous theretc~, resultii~g frorn the perforn~ance of the Prc~ject. Should any ctairn be made against the C-ounty ar thc Prc~curement Officer by any such owner or occupant bccause of the pert'ornzance of the Pr~ject, Cc~ntractar shalE prompt~y settte with such ather party. 1'he Coniractor sha!!, 20 the fulfest cxient: pcrmitted h~~ f..~u:~ and Reg~ilatir~ns. indemnif'y and hold the C'~unty harmless from and a~ainst all claims, damages, losses and e~pettses (including, but not limited to, fees ot'engineers, architects, attorneys anci other professi~~nals and wun cc~s~a) arising directly, indirectly ar consequentiall~ c~ut ol~ any action, legal ar equitabte, brc~ught by any such other party against the C~unty or the Procurement Ufficer to the extent based an a clairn arisin~ uut eaf the Contractor's performance vf tiie Project. 2. During the pragress of the Prc~ject, the C"ontractor shall keep the premises f`ree from accumulations af wastc matcrials. rubbish and other c~ebris resulting from the Project. At the completion of the Project, tl7e Cantraetor shall remov~: a11 w~aste rnateriais, rubbish anti debris from and aboui the premises as we!! as a!I toofs, applianc~.s, constructiott equipment ancl tttaehinery, temporary sir~tct-ares, stumps ~r portions nf trees, and surplus materials, and shall leavc the site clean and ready for occuparuy by tMe Gounty. The Contractor shall restore to original conditian all property not desi~nated for alteration by this Cnntract. 3. The Contractor shati nat load or permit any part uC any atructure to t~e loaded in any manner that will endanger the structure, nor shall the C'ontractor subject an~~ part of the Project or adjacent prc7perty to stresses or pressures that will endangcr it. 4 P11'KIlv COGt~TTY PUB[.IC WCIRKS F'LOOR pRA1N(GRATE RFPAIRS CONT`R.ACT # p(}(y,2p10 Rev. 312~f09 jis F~. Safety and Protection. i. The C:ontractar snall be solely respansible for initiating, maintaining ar~d supervising all safety~ precautions and programs in cannection with the Project. "1'he Gantractor shall take all necessary precautions for the safety of; and shall pravide the necessary protection to prevent damage, injury or loss to: a. All emplc~yees in the Project area and c~ther persons and Qrganizations who may be afferted therehy; b. All the Project matcrials and rquipment to be incarporated therein, whether in storage cm ar off the siteT and c. nther property at the site or adjacent thereto, incluciing trees, shrubs, lawns, watks, pavements, road-~vays, structures, utilities and undergrnunci f'acilities nat designated far remaval, relocatian or replacement in the course c-f' construction. The Contractor shall be requirr;d to assume sole and complete responsibility f'c~r job site conditions during the course of construction of the Project, including the safety c,f' all persans wha may enter ~n the _job site fQr any~ reasan and the security of' al! property lacated on the jol~ site. This requirement shall apply at all times during the c~urses of the C'ontract and not only to t~c~rmal Prc>jrc~ wurk huurs. 2. The C:rantractor shall at all times ccm:du~t the t'ro~ect in such r~~anner as will ii~cur the least practicable intecferencc with trat~ie and e~isting utility~ systems. No section c~f any road shall be closed to th~ public. nor any utility system put c~ut ~fi'service e~cept aftcr pertnission has been granted b}° the I'rc~curcment ()fticer. E:ach ittm af the I'roject shall be ~rasecuted tc~ ec~rnpletion without delay~ and in no instanee will the Cc~ntractor he permitt~:d ta transfer its fore~.s fr~m an uncc>mplc;ted Project tc~ a new~ I'rojec;t without prir~r writtc:n noti tication ~f the C~ntractor to the F'rocurement (.)t~~cer. Unless this Gontract specitically provides #or the closin~ to traffic of an}~ I~?~al road ~r highw~ay while c~nstruction is in pro~ress, such rc~ad or highway sliall be k~pt c~pen to al! traffic by the Contractar. 'I'he Cantractor shall also provide and rnaintain in a safe condition temporary apprc~aches, crossings, ar intersections ~~ith roads and highways. The Contractc~r shall b4ar a() ex~ense of cnai~~taining traftic aver thc seetion of raad affected by the f'rojeci tc~ be ciune under this Contract, and of constructing and ~naintaining such approaches, crossing, intersections and an~° nece;ssary features ~vith~}ut direct compensation, exce~t as othcrw~ise prcyvided. The C.~mtractor shall provide, erect and maii~tain all necessary barricades, si~ns, danger signals and libhts ta protect the Project and the safety of the nuhlic. The Contraetar's responsibility for necessary barricades, signs, and lights shali not cease until the Project has been accepted. I. Shop Drawin~s and Samples. 1. After checking and verifying all fielci measurernei~ts a~id after ec~mplying with appiicable procedures specified in this Cantract, the C~ntractor shall submit to the Procurement Ofticer fc~r reuiev~~ and apprc~~~a1 in accordance with thc: appraved scheduke uf ,ltc~~~ ~1ra~~`it3f; SU~)Ill1SS10115, three (3) copics (unlcss othcrwise spec:i~ed) vf a!! shap ~a PITKIN CUUN'i't' PUBLIC WORKS FLAOR DR4INJGltA1'E REP.AIRS CUNTRACT ~ 006.20~o Rev, :il28f04 jls drawings, which will bear a stamp ar specific writEen indicati~n that the Contractor has satistied the Cantracior's responsibilities under this Contract with respeci ta the review af the submission. Atl submissi~ns will be identified as the Procurement ~(7fficer may require. The data shown on the shop drawings will be complete with respect to quantities, dimensions, specified performance and design criieria, materials and similar data to enable the f'rcacure-nenl Officrr tu revirw tl-r infi~E~-~~atio~j as required. 2. The Contractor shall alsa submit to the Prc~curem~;nt Offi~;er fc~r r~:~~ier~~ and approval with such prornptness as to causc no dclay in Prpject, n!{ s~mple5 required by this Contract. Al) samples wilt have been checked by and accam~anied by a specific written indieation that the Contraetor ha~ satisfied the Cc~ntraetor's respc~nsibilities under this Contract ~vith respect to the re~iew of the submissian and will be identified clearly as to material, supplier, periinent aata such as catalog numbers and the use for ~r~hich intended. 3. ge~'are submission of each shop drawing or sample. the Ccmtractor shall have determined and veri~ed all quantities, dirnensians, specified perfor~nanee critcria. installation requirements, materials, catalog numhers and similar data with respect thereta; and reviewed or coc~rdinated each shop cira~ving or sample ~~•ith other shc~p drawin~;s and samples and with the rc:yuirernents c,f tiie Projec;t and this Conh-act. 4. At the time of each submission, the Cantractc~r shall give the f'rocurement Officer specific w~ritten notice o1' eaeh variation that the shap drawings or s~mples may have frc~m the reyuire.ments of this C;ontract, and. in additian, shall causc: a specific notation to be made an cach shop draw~in~ s~~bmittec~ to the ~'racurement Ofticer fc~r review and approval ofeach such variation. 5. Where. a shop clrawing or sample is required by~ the specificaeions, n<a related Prc~ject work shall be commc:nced rrinr te~ the Prc~curement ()tficer's review and approval of che shop dra~4~ing c~r samples. t. The cast of furnishing all shop drawings and samples shall be bc~rne by Contraclor. V. Performance and Pavment Bond. A. Contraccc~r shall furnish a perfc~rmancc and pe~y~nent bond in the amount of one half of the t~tal Contract value for all Contracts over $SO,t~pO, as required by C.R.S. § 38-26-101, et seg. All Bonds shafl b~ in the form acceptable ta the County. ~II Bands signed by an agent must be accompanied by a certifted copy of the authority to act. B. (f the surety on any liand turnished by Coniractor is declared bankrupt nr becomes ins~lvent ~r it~ right to do business is terminated in any state ar it ceases to meet the requirements of paragraph A af' this Section, Contractar shall within five (5) days thereafter substitute another t3ond and Surety, both of WIIIC}1 111US~ bL dCl'C~li1E)IC lU ~Il~ GOUIlt~•. VI. Indemnit~•. 'I`he Contraciur ( including, by de~nition here and hereinafter. its ot~'icials. emplvytc~, a~erits and t~epresentalives, suUcontractors and supplicrs), shall and hereby da~s rele:~se. 6 PITKIN COUA;T'Y PUBL[C WORKS FI,OOR DR~1IN/GRATE R~PAIRS CONTRAC7" # 0o6.2oto Rev. 3l?$/09 jis dischar~e, indemnify and hold harmless the Couniy c~f Pitkin and its ofticials, em~loyeee, agents and representatives from and against liability for any etaim, demand, loss, damages, penalty, judg- ment, expenses, costs (inc(uding costs c~f investigation and defense), fees (includin~ reasanable att~rney and ex~ert witness tees} or compensatian in any form or kind whatsoever for any bodily injury, death, perspnal injury or property damage arisin~ out ofor in connection with any ne~;ligent act, intentionat act, error or ~mission k~y the Contraetor, and far any cunsec~uential I iabil ity alleg~e~ t~ aecriie against the County~ on account caf the Cantractc~r's aets, errors or ornissic~ns; provided, how~ever, that such indemnity shall not t>e construed as an indemnity for bodily injury or prc~~rty cta-na~;e arisi~~g Ei~e~m the sale nzgligence: of the County or its ernplayees. `1'he Contractor further shall invcstigate. process, respond to, adjust, provide defiense for and defend, puy or s<:ttle all claims, demands, or lawsuits related hereto at its sote expense and shall bear all oth~r casts and expenses rel~ted thereto. even if the claim, demand ar lawsuit is grounclless, false ~>r iraudulent. VII. lnsurance. T'he Contractc~r agrees to ~rocure and maintain, at its own expense, a polie}~~ ar pc~{icies ~f insurance as specified in this sectian. "I~he C'~ntractUr shali caus~e any sutacontractar e~f th~ ('~ntract~r tr~ prr,cure and maintain, the minimum in~urance coverages as s~ecified in this section. A. In whote or in part, the Cantractar shal! sccure and m~intain li>r the e~rn, of its C.ontractual relaiionshi}~ with the County such insurance palicies, frorn ec~mpanies licensed in the State ~f'Col~rada, as will protect itself; thc County and others as specified f'rorn clairns for bodily injuriCS, ~leath, ~acrs~~nat i~zjury ur property damage, which may arise c~ut of or result from thc Contractar's acts, errors or amissions. The foilawing insurance coverage, at or abcave the }imits indicatcd and includin~ such ~cnd~rscmer~ts as are inciicated by an "X", are rcyuired: I. Staiutcrry V~°carkers' Compensation: Cc~lorado statutc~ry minimums 2. Cc~mmercial C;encral l..iabiiity -!~t) 1998 f=orm or equivalent (With C'ount}' ~ramed additianul i~~sitreri) F',ach Occurrence Limit ~I t)OQ,OQO.~(? Genera} Aggregate I,imit $2AQ0.000.00 Products/Cc~mpleted Opcratia~is Aggregate L.imit ~2.f}OO,qQQ.O~ Comprehensive fbrm (All risks~ tu in~;lu~le (pla4e }C t~y applicable pmvisions): X Premises/(7~rc:ratians _____ l)ndergr~und, Explosia~~ & Ccyilapse I i~z~rd X Products/Completed ()perations X Contractuall.iability X inde~x;ndent Contractclrs ancf Subcontractc~rs X E3road Form Praperty Damage X Perscmal [njury 3. f3usiness Auto Cc~verage: Combined Single Limit [_:iabiliry (each aceident) $I,OOO,OOOAO 4. Special Cc~aera~es (check as apprapriate and insert amount): ( I ) Pcrformai~cc [3cancl 7 PITKIN COUNTY PU~LiC WOR}iS FIAOR DRAIN(GRATE REPAIRS COhTRr1C1' n Uo6.2o~o Rev. :~I28I09.jls [ ,ahnr and Material Payment Bond _._ r._ ________ _ (2) Professinnal E.rrors and Omissions _ (3} Aircraft t..iability _ (~) Ow~mer's Protectivc ~ {5) Builder's Risk (6) I3oiler and Machinery (:7) L.oss of Use Insurance _ (8) i'nlluti~n l,iability _,_, (9) Crime, including E:rnployee Dishonesty Goverage, «r f~idelitX Bond B. Proof af Insurance: 1. t~o provide evi~lence af the required insuranee caverage, copies of Certificates of' In~~~r;~nce in a ti~rm accertahle tci the ('c~unty shall be tiled with the Caunty through the Procurement Officer, na later than ten { 10) calendar days priar ta commencement af operations affecting the C'aunty. Faifure to file or maintain acceptable Certiticates of Insurance with the C'ounty is a~reed to be a material breach of any Contract. "fhese C'ertificates ~f`Insurance shall cantain a pr~visian that eoverage affarded under lhe pe}lieies 4vi11 nut k~e car~celeJ ur tnatcrially attered unless at le;ast thirty~ (30) calendar days prior written ncitice by certified mail, return receipt r~quested {effective upan proper mailin~), has been sent to the C'ountv (through the C~unty's Risk Department). (~or purpases af this provisinn, "matcrially ~ftered" sh~il me€~n a change aff'ecting the covera~e's required herein, including a chan~,c to policy limits as set aut in the Chen-cw•rent policy declaratic~~~s pa~e). Simultaneausly with lhe C~rtiticates of lnsurance, the Ccmtracior shalf tile tiuith thc ~aunty, through tl~e Procurement Ot~icer (and pram~tly update, as necessary), a certitied statement as to elaims pending against the requireci cc~verage~, reserve~ eslablished cm account of suc1~ claims, defensc casts expended and amounts remaining on policy limits. 2. (n additi~n, these Certiticates of lnsurance shaU contain the faflc>w•in~ clauses: a. The clause "other insurance provisions," in a policy in ~a~hich the C~uniy uf Pitkin li~,IJs a Certiti~ate, shafl not ap~ly tc~ the CouE~ty of Pithin. b. Thc: insurance comp~nies issuing the ~olicy or polieies hereunder shall ha~e na recaurse against the County of Pitkii~ for p~yment of any premiums or for asscssrncnts undcr any form of policy. c, Any and al! deductiblts in the above-described insurance poiicies shall be assumed by and be for the amount of, and at the saie expense of the Contractor. d. Location of operati~ns shall be: "alf aperaticros and locations at which work far the referenc~d Praject is bein~ donc." 3. Certilicates of lnsurance for al( renewal policies shall be delivered to the County's Representative at (east fil~een ( I S) days pri~r tu a pc~licy"5 exE~irali~~r~ ~late exccpt for any palic~ expiring on the ex~iratian dat~ oYthis C'ontract c~r thereaft~r. 8 PITKTN COLzNT'Y PUBLIC WORKS FIAOR DRAIN/GRAT'E REPAIRS COi~tTRACT ~" oob.2Uto Rev. 3+'2$/09 jIS 4. Tlle Cc~unty reserves tl~e right to request and receive a c~~y c~f any ~olicy and any policy endorsement at any time during the term of this Contract. V[TL Fxemptions and Preferences. A. El,ll purc:hases of canstruction or buildin~ ur any ~ther rnaterials for any Cc~ntra~t shall not include Federal Excise Taxes or ~'alorado State or (ocal sales or use taxcs. Pitkin County is exetnpt fram such taaes uttder registration numbers 9$-07624 and 8~-784~00-SK. B. Aursuant tt~ state statute and ta the c~xtent permitted by la~v, Colorado labor shall be employed tn perform the ('roject to the extent nf not less than eighty percent (80%} of each type or class of labor emplayecl c~n such project; eYCept for highway construction, which is subject ta CR.S. 43-2-208, tivhich provides that all labvrers shall be I7(?I1f7.~L~B residents c~f Cc~larado vvith a preference to residents of t(~e C~unty where the Prc~ject is performed. IX. Protection and Restorati~n nf Property and (.andscane; tiazardous Materials. ~A. ~'ratection and Restaration a1~ Property and I,.andscape. !. "Che Contractar shal l hc resptmsiblr fur ttae presei~vation af all public and private ~rc~perty and shall carefully protect t~dm disturbancc or damage all land and prU~erty, as well as any manuments and pr~perty rnark~ until the Pracurement Ot~icer kias witnessed or c~tlter~'-se refercnced thcir Ic~catian and shall not remove thern unti) dir~cted. 2, 'rhe Contractor shall bc responsiblc~ f`ar all damage nr injury~ to property caf any° character, during th~: prosecution of the Pr<aject, resulting from any~ aci, omissian, negtect, or misconduct in its rnannc:r c~r mettsod af executin~ the F'roject, c~r at any time due tc~ defective Project work ar materials, and saici res~,rn~cihilit.y ~hail not be released until the prnject shaU havc; bcen camp{ete~l and accepted. 3. W'hen ar where any~ direct car indirect damage ~r injury~ is done tc~ public c~r private prqperty by ~r ~an account vf any act, omissic~n, neglect, or misconduct by the Gontraetor in the exeeution of the f'roject, e~r in cvnaeyuc;nce of tt~e non-execution thereaf by the Contractor, it shall restore, at its ow~n expense, such property to a condition similar or equal to that existing before such damage ar injury~ was done, by repairing, rebuild'rng, c~r othen~~ise resto~-in~ as may be directed, or it shal( make ~aad such dAmage c~r injury in an acceptable manner. ~1. Materials starage, equipmem parking, vehicle parking and stc~ck~aili~ig excavated materials shail be allc~wed only in thase areas designated by the Procurement Ofticer. 5. If the Contract~r disturbs any of the landscape not called f'or removal, it shall restore th~s~ areas as directed by the Procurement C?fficer at the Contractor's e~cpense. F3. Hazardaus Materials 9 PI'FKIIv CUUN1'Y PUBLIC WORKS FI.OOR DR,1IN/GR~1'1'E REPAIRS CONTRACT ~ on6.2oio Rev. 3i281U9 j[s 1. The ('r~Einty shall nr~t l~e recn~msible fior the cost of and the remaval or clear~ up of Hacardaus Materials found in any materials braught to the Projc;ct site, after the Project site is turned over to the Contractor. 2. The C'nntractc~r sha(I provide the Procur~ment Officer with a written certification each time materials ar equipment is brau~ht onto the Project site that such materials or equipme.nt du nut cuntain t ~ar.ardous Nvlaterials. X. County WlJork at the Praject Site. A. `Che C'ount~~ may~ perforin other wark related to the Praject at the site t~y the County's own forces, have ofher work performed by utility awners or let other direct cnntracts therefor which shall eontain terms similar tc> these. 1~he Contractor shall perfc~rm and coorc~inate its activities with c~ther cantractars to avoid cc~ntlict and minimize disruptions. B 'I'he C~ntractnr ~hall ~ft~rd each utility owner ai~d c~ther cc~ntractor who is a~arty to such a direct contract (or the C~unty~ if the County~ is perfarming the additiona! work 4eith the County's employees) proper anc~ safe access to the site and a reasona6le c~ppUrtunity f~r tt~e introduction and storage c~f mate.rials and equipment and the e~ecution of such work, and sh~ll prc~~erly connecl and caordinate the wark with theirs. The CantractUr shall do all cutting, litting and patching of the Pre~jc:ct lhat rnay f~e required tu make its several parts come togethc:r propcrly and integraie ~~-ith such other v~~c>ek. The C:~ntractor shal) not endanger any wc>rk of others by cutting, excavating or other~vise altering their wc~rk and will only cut ur alter their wc~rk with thc ~vritten consent of ('roeurement Officcr and thc othcrs whose work will be af'fi;cted. '1"he duties and resp~nsibilities of Contract~~r under this para~raph are fc~r the b~nefit of such utility~ «w•ners and other contractars to the extent that there are comparable provisions far the t~enetit c>f the Contractor in said direct cantracts betw°een the Countv and surh utility awners anc{ ~~the:r conCract~rs. C. (f any~ part c~i` the C"a~ntraetc~r'~ F'rcrjeet depends fttr prc~~er exeeution c~r resu{ts upan the wark of any such other contractc~r or utility oµmer (c~r the County=), tlie Contractar shall inspect and prc~mptlv report t~ the Procurement Uff'icer in writing any~ delays, clcfcct~ c,r deficiencies in such work that render it unavailable or unsuitahle for such praper execution and results. llie ContractUr's fai[ure t~ report such conditions wiil constitute an acceptance of the other v~;~ork as fit anc) pr~per I'e~r iiit~bration v-ith the C~mtractor's I'rc~ject ercept tar latcnt c~r non- apparent c~efects and de~cicncies in the other wark. Xt. Changes in thc I'rojcct anc~ lJse of Chan~e Urders. A. 'i'he C~unty may, from time to time, request ehanges in the sec~pe c~f serviees c~k the Contractor tc> be performed hereunder. 1. The E'rocurement Officer shall issue a notice infc~rrning the Carttractar of a ptanned change in the Yroject and reqttesting the Contractar's detaited price propc~sal and adjusted schedule of work. T'he Contractor shall submit a priced proposal for perfarmin~ the proposed changc in the E'roject within five (5) days c~f nc~tice or such ~ther time acreptttble to both parties. Vb'hen the Conlractur arta the Ce~ui~ty reach agreement cm thc adjustments tc~ the Cantract price andlor Cantr~ct time, and changes in the Project, such adjustments shall be promptly rec~rde~3 in an executed Chan~e C)rder. t0 PI"['KIN COUN'['S' PUI~LIC t~4'~RKS FLpOR DRAIN/Gli~1T~; REPAIRS COVTRACT ~ ao6.2o~o Kev. 3~28/O~J jis B. All Cantractar initiated change reque.sts shall he suhmitted t~ the County ~nd the Procurement Officer in a letter or written notice with thc referer~ce notatic~n "Cantractor Change Keques#". If the Contractor: t,i) receives any oral or written instructians, directives or interpretatic~ns ~f Ccantract Dc~cuments, or determinations from the Procurement Ufficer or, (ii) identifies ~~uhat it believes are design errors c~r c~missions in Che Cantract t)rawin~s or S~ccitications. or (iii) encounters a differing s~te cUnditiun; ar, (ivj is delayed in the progress vF the Project; or, (v} becomes aw~are af any other matter or circumstance w~hich it believes would require a change in che Contract Price or Contraci 'I'irne, the Contractc~r shall give the Prucur4in~nt Oft7cer p--o~npt written nvtice of such matters. 1. AI I Contractor change requests shall be dated, numbered sequentialfy, ancl shall describe the action ar event which the Contractor belieu•es may require an extensic~n in time, price Ur other modificatinn. "i'he Contractc~r shall also provide descriptions of possible Contractor actions vr sole~tions to minimize the cost of the ~antractc~e rhange request and, ~rc~vide an estimate of the a~iju~tmez~t in the Contract price ancllt~r Gontract time, ~~~hich it belie~~es is apprc~priat~. 2. Contractor "I'im~ Requirements. a. With respes~t ta orders, instructi~ns, ciirectives, interpr~tatioi~s. determinations, or the discvvery al` any errurs c~E arnissioi~s iit this Coiztract. a Contractor change request shall be submiEteti bef'ore the t'ontract~r acts c~n thern, but in nU event m~re tha~ ten { 1 t~) consecutive caler~dar days after they~ r~~er~ received «r diycovered. h. Vb'ith respuct to any diftering site conditians, a CQntract~r change request shall be suhmitted before the Gc>nditions are disturbed, but in no event rnare than ten (10} consecutive calendar days aiter the conditions ~r~ first disc~~~ered. c. 1~'ith res~ect t~ detays, a C'~ntractor change request shall he sribmitted as saan as the Contractar h~s kn~wlec~gP c~f the delay, but in no evei~t more than ten ( t 0) consecuxive calendar day~s therefrc~m. d. V1~'ith respect to any matters c~r cireurnstance which the Cbntractc~r believes would reyuire a change, including delays, a Contractor change request shall be suhmitted as saon as the Contractc~r has knowled~e of' the matter <~r cireumstance. but in nc, evcnt ri~ure than t~n (1O) cc~i~sc:cutive calendar days aftcr the C~ontractc}r becames a~~~are c~f such circuenstance ~~r matter. 3. Submittal Requiremc~~ts and Waiver of Cl~ims a. Ifi thc Contract«r daes not submit a ContracEor change request within the time required above. any action by the Contract~r related ta si~ch ~rder, direction, instructian, interpretaticm, determinati~n, desi~n error c~r ornission, or other matter, including delays or differin~ site conditians, will not be considered by the County as a change t~ the f'roject and the Gantraetar waives any cfaim fcar an adjustmenc on the C<mtract price or tl~e Cc~ntract tirne. b. The Cc~ntracEor sha(1, ac tht time a C'ontractor change rcquest is submitted provide ihe Procurcrntnt Officer w~ith a comp{ete and itemizec~ prUpnsai uf Camtract pri~e an~ time adjustments. Th< proposaC shafl als<~ cc~ntain a detailed 12 PITKIN COUNTY PUBLtC WURKS FLOOR DC2Ait3 JGRATE REPAIRS GONTRACT n oo6.2oao Rev. 312$!p9 j~s explanation, citing all applicable provi~ic~ns in this C'~ntract, which supports the C:e~ntractor chan~e requ~st. If the Cc~ntractor does not submit its ii.ernized proposal within the time described above or within such extension, which the Procurement Officer, in his/her discretion may have granted in vuriting, it waives any claitn for an adjustment in the Contract price or Contract time arising out of the act ar event described in the Cunlydct change reyuest. c. 11' a Gontractar change request is denied by~ the Procurement Officer. in whole or in part, any claim for an incre~tse in the Contract price or Contract time arising aut of the act or e4~ent describec~ in the Coniractor change request is waived unless the Contractor timely com~lied with the provisions c~f paragraphs 2(a-d) ~Pthis Section. Xil. Warranty and Guarantee• 'I~ests and Inspections• (;arrection Kemoval or Acceptance ~f' De~ective Pro~ect Wark. A. Vt~arrantv. l. ~I~he Contract~r warrants and ~uarantees ta the County that all Prc~ject r~~orlc, whether supplied, furnished, installed, providcd, ar performed by Contractor, a subcontracwr, ur yupplicr, wil) be in accur~lancc with this C:ontract and ~~ill not be de~'ectivc and that al! Pre~ject wark shall he perfarmed in a skillful and w~orkmanfike ~nanner. Additianallyy, the Contraet~r shall warrant that all eyuipment which is incor~wrated into the Praject or an~~ subs}rstem shaU bc ncw, frec frnm liens ~nd defects in design, have clear title. bc: free froan faulty materials and warkmanship, and shall confcarm in all aspects ta thc terms oF this Contract, to the drawings issued fur manufacture by tht Contractor, anci shall bw i~~ canfarmance wiih the chase technical specifications provided in Sertic~n II (Scope of Work) af this C:ontract and Gontractor's ~'ropc~sal. fxce~t where longer peric~ds ~f warrant}• arc indicatec~ f'or certain items, C:~ntract~r ~uarrants t'roject wwark, whether furni~hec~, installed, providecl, performed or surrlied hy (~s~ntractc~r, a subc;cmtractor or supplirr. to be, fr~e fram f'aulty materials and w~orkmanship and that each piece af equipm~;nt ur any pan therec~f incarporated inta the !'rojecc c~r any subsystem shall canibrm to the aforemenlioneci warcanry and guarantee pre~visions and be free fram failure for a pcriod of not less than I Year from date of~ Final Payment. l.andscapin~ replacement sha11 be warranted far tti~r~ (~) gcowing seasuns. 2. With respect tc> all w~arranties. express t~r imp(ied, from subconiractars. manufacturers, or supplicrs f<~r Prc~ject wor{: perfarmed and materials furnished under the Contract, the C'ontractar shall: a. Obtain all warranties that would be given in nc~rmal cammercial practice. `l~o the extent ihat the subcontractc~r's, mat~ufar.turer's, or ~urrlier's, standard warranty e~ceeds thc minimum Cnunty requirements as set fiarth in this Sectian or e(sewhere in this C~ontrac;t, the subcontractor's, manufacturer's, or supplier's standard warranty shall apply. b. Require all warranties tc~ b~: executed, in writin~;, far the benefit c~f the County, if direeted by the Proo~ire~r~+~nt Off i~;er, ur c. E.nfi~rce all warranties f'or the benefit c~f ihc; County, if ~irected by th~ Procurement Officer. 12 PITKIN CUUN7'Y PUBUC WnRKS FIAQR DRAINJGRATE REPAIRS CONTRACT # oa6.2oin Rev. 3128l09 jls d. Assign all warraniies nnd guarantecs in writing to the C'ounty upon the r~:c~uest of'the County. B. A,ccess tc> Proiect. The Procuremeni Ot~tcer and thc Procurecnent Officer"s representatives, other representativcs ~f the C~unty, testing agencics and governmental agencies with jurisdictional interests shall have access to the Projcct, at any timc for their observation, inspectin~ and testing. Contraetc~r shall provide proper and safe conditians ~'or such access. C. Tests and lnspections. 1. T'he Contractor shall co~perace with material testii~~; persons and tirrns, and far required inspectic~ns, and com~liance and aJ~proval tests for the w~ork perfi~rmed by the Contractar or its subcantractar. 2. lf any laws, ordinances, rufes, regulations, code or arder c~i'any public bcxly havin~; jurisdiction requirc:s an}~ Project work (or part there~f} ta specitically be inspected, tested or apprvved, the C.antraclar shalt assurne full responsibility therefare, pay all cc~sts in connectinn therewith and furnish ihe Prc>curemc:nt Of~icer the required rertificates of insp~;ctian, testing or approval. The Contractor shall also he responsible for and shall pay all costs in connection w~iEh uny inspcction or re-testin~ rcquired in connection with the Couniy's t~r the Yrocurement C)fticer's acceptance ui" a supplier nf materials ar equipment pro~osec~ ta be incarporated in the Prc?ject, ar of materials or equipment subtnitied for upproval prior to the C:antractor's purchase th~reof for incvrpvration in the Project. `I'he rcast of all inspections, testing, re-#esting and apprcfvals in additian to the abc~ve whieh are required by this Contract shall be paid by the Cc>ntractor (unless othen~~isc s}~ecit7ed). 1 he County will conduct anci pay t~~r the c~7nfi,rrnance tests on materials installed in-place, and the Contractor shall pay fi>r re-testi~~g of a!I failing anci nan-cc~nfarming rnaterials thereafier. 3. All inspections, tests ar apprc~vals other than those r~;quired by laws, ordinances, rule, regulations, code, or order af' any public body having jurisdiction shalC l~e performecl by organi~.atiuns ac4e~table t« thr Frcrcuremei~t Offic~r. 4. If any Projeet work (including the work c~f other~) ihat is to be inspeeted, tested or approved is covcrc;c~ without written eonctrrrence of the Procurernent C)f~icer, it must be uncovered for observatic~n. Such unco~~erin~ and testing when requicrd by the Procurernent Uf~cer shall be at the Contractor"s expense. 5. t~feither abservations by the Proc;urement Ofticer nar inspections, tests or appr~vals by others ~hall relieve the tbntraciar froin the Contractor's obligatic~ns to perfc~nn the Prc~ject in acc~rdance w~ith this Cemtract. D. Correction ar Removal of Defective Work. If required by the Prcx;urerr~ent t~t'fcer or the County, the Contractor shall prcrmptly, as directed, eithcr ca~rect all defective Project work, ~vhether or not fabricated, installed or campleted, ar, iE'the Project w~ork has been re;jected by Che Prucur~rneni Officer or the C:aunty, ~rnu~ve it from the site and replacc it with nnn-defective Project w~c~rk. The Contractor shall bear all direct, indirect and consequential costs af such correction ar removal (including but not lirnited to tees and charges of engineers, architects, attarney~s ~nd ~ther ~rc~fcssianals) m~de nece;ssary thereby. 13 P[TKIN COUN`['Y Pli6l~iC lA~'ORKfi Ft,(1[1R t]H.4~N/'(:RAT6: RRf'A[RC CC1N1'RACT# oob ~otp RCt'. 3~'~$./09 jlS E. +C'orrectic~n Period. If within two (2) }rears after the date c~f ~inal Payment or sueh longer periad of time as may be prescriFaed by laws or by the terms of any appficab(e special guarantee required hy the Contract Documents or k~y any specitic provision c~f' rhe Contract Documents, any Pr~ject w~~rk is i~ound ta be defective, the C.~ntractor sha(C prompt(y without eost ta County and in accordance with Gounty's ~lritten instructions, either correct such defective Project work, nr, if it has been rejeeted by~ County, rem~ve it fr~m the site ~nd rentace it with non-defecti~re Project wark. tf the Contractc~r does ncat promptly (~Fithin seven (7) days t'rarn rec;eipt} c~mpiy ~rith the tenns of such instructions, or in an entcr~;ency ahere delay~ wou~d cause serious risk of loss ur damage, Ehe County may have the defective t'roject ~vork ccrrrected ~r the rejected F'roject w~rk rem~vec! and replaced, anc! ai! direct, indirc:ct and consequeaitial costs of such remc~va! ancl re~alacernen! (incfucling but ru~t lin~ile~ ta f'e~s and charges c~f~engineers. architects, attarneys and ~ther professi~nals) will he paici by the C'ontractor. Contractc~r shal( also pay for any damage tc~ other Prajeet w~ork, ather property. ~r persc~n, which occurred as a result c~f the defective Project work. P. ~ Caunty May Correct C)efective Work. If the Cc~ncractar fails w°ithin ten (10} consecutive calendar davs after written natir:e of the Prc~curement 4ffieer c~r the Gaunty to proc~ec~ to correct and ta c~mect defective Prc~ji;ct ~~ork or tca remove ancl rep(ace rejected Project waric as require.d by the Procurement f)fficer or the Caunty in accordance ~~ifh paragraph D c~f this Section, or if the Contracte~r fails ta perform the Project ~e~rk in accordance with the C'c~ntract Uacument~, c~r if the Cantractor fails tn comply w~ith any c~ther rm~~isinn c~t the (.'cttttt~act I?taeume~tts, tfte C-c~urti~ may, after seven (7) days" writ~ten notice tc~ the Conkractar, correct and remedy any such deticiency. fT~ c;xercising the rights and remedies under this para~;raph the Cc~unty shall prUCeed ex}~ditiously to the extent necessary ta co~nplete c~rrective and remedial actioM. 'i~he C'ounty ma} exclude the C:ontractor from all ar part af the sit~:, take passession of all ar part caf'the Pre~ject, and suspend the Cantractvr's ac~vice> rc;late~l the.rcto, take passessic~n E~f~ the Contractar's tools, appliances, construction ey~~ipm~nt and machiner}r at the site and incorporat~ in the Yroject all mat~rials and equipmNnt storecf at the site e~r Cc~r which the County has paic~ the Contractor but ~~~hich are stored el5cwhcrc. 1'hc Contractor shall Allo~~• the County, the C,ounty's representatives, agents and employees sueh acces~ to the site as ma~~ b~ necessary to enable the County tc~ exercise the rights and remedic;s under this paragraph. fi~(I direct, indirect and cansequentiat costs of the C'ounty in exercising such ci~hts and remedies ~~ill t~e char~ed against the Contractc~r, and a Change !)rcier will be issued by the County inccc~rporating th~: necessary revisions in the C'ar~tract price. Sueh direct, indirect and consequentia! costs wilt include but n~t b~; fimited to fees and charges af engineers, architects, attomeys and other ~rc~fiessi~nals, all crrurt costs and a{1 casts of repair and replacement of' work oC others dcstroyed or damabed 6}~ carrection, removal t~r replac~ment of tfle Cantractar's defeetive Projeet wurk. 7~e Cc~»traetor shall nc~t be allc~we~i an extensi~n of the Contract tirr~e because of any delayr in }aerformance of the Project work attribucable tc~ the exercise b}~ the; C`ounty of the Gounty's rights and rerr-edies hereunder. ;~ ~~; ,, X[Il. I.iquidated Dama~es• [t is the County's intent to co~nplete this project no iater than § ~,;,~/10. Liquidated damages ~c $~aa.oo ~P calendar day shalt 6e paic~ if praject is iacst ~= o ~Icted by thAt deadline. .~ ~ ~~ 6k {`~ A. T'ime for Co~npletion. It is hereby underst~x~d artd mutually agreed. by and between the t:ontract~r anc3 t}~e Caunty, that the date of beginnin~ Prnject ti~~rk and the time of completiran as specified herein are essential conditior~s af the Contract. "l~he Contractc~r agrees that said I'r~ject sha!! b<: prc~see~~ted re~;uiarly. ditigenti}~. ~~nd at sueh rate «f pro~re~s as ~a~ill ensure cc.~mplrtiu~r 14 PITKIN COUIv"I'l' PUBLIC'~VORKS F1.00R DRAfNjGR~1TF. RCPAIRS CpNTR~CI'# oab.2oio Rev. .x;28f09 jfs within the ti~ne(s} speciti~d. lt is expressly understood and agreeciT by and hetween the Cc~ntr~actc~r and the County, thai the time{s} far cc~mpletion of th~ Praject described herein are r~asonab(e time(s) fUr the completion of the ~rc>ject, taking into ennsideration the average clim~tic conditions rrc:vailin~ in the I~cality of the Prqject. t3. Time is at' the E:ssence to the Contract. (t is 1'urther d~,reed ttiat time is caf the essence in completing the Project, and that the Project Work Schedu(e and ali dates set Forth therein and where in this Contract, an additianal time is a(lowee~ frar the completion of the Project, the n~w~ ti~rie li-Z~it ti~ced Uy such extensian shall be of the essence c~fthc Contraat. C. L.iquidated Damages. Completion of the T'roject is af ~ararnaunt importanc~ to the Caunty. If ~ny partion af the Pre>ject is not completed in accordance with any time eYtensians granted by the Caunty, the Caunty will suf'fer damage, the ex.tent af which will be irnpractical and extremely difticult to estimate accuratefy. 'I'herefare, as part of the cansideratian for executing the C~ntract, it is hereby agreed that the Contract<>r shall pay to the ('c~unty= the liquidated damage amounts specified in the C.antract. "i'his particuiar provisian shaU n~~t be construed as a~enalty upon said (:antractor for failing fuliy tc~ eom~lete said Project as a~reed in tlle Prapasal and this C'~~ntract n~r is it intend~d, but as Liquidated Damages ta c~m~ensate th~ County f~r a!I costs incurred as a result of s«ch breaeh af Contract. D. Dela~~s in Project C.-~mpletian of C'onstructic~n Phase. Subject tc~ the terms bf "Exeusable Delays", as cc~ntaineci in paragraph E of thi5 Seetion. the Contraetor expressiy a~rees tc> pay the Guur~ty as a reas~nable eltimate of just coinpensati~n for dama~cs eontcrnplated with the cl~use, the amount set fc~~h as liquidated clama~es tor each cansecutive calendar day that cornpletion is delayed in the ccynstrucCion ~at'the Prc~ject. ~.. Excusable UeEays - Force Majeure. If, by reason of Hc~rc.e Majeure, any party hereto shall be rendered unable w~holly or in part tc> carry out its c~bligatic~ns under this Cantract then st~ch partv shall give nntice and fiull partic~ilars oi'such Force Majeure in wriking tc~ the ~~ther ~arty w~ithitt a reasonable time atter accurrence oFthe event c~r cause relied upc~n, and the at~li~ation c~f the party giving such notiCe, sc> tar as it is affected by such Farce Majeure, shall be suspended during ihe c~ntinuanc~: c~f the liability then claimed, but for na langer ~erio~, and an_y such party shall remove or c~vercc~me such inabitity v~~ith all reasonable c~ispatch. 'I'he term Fc~rce Majeure as employed herein, shall mean acts r~t God, strikes, lc~ckuuts, ur ~rther in~lustrial disturba«ces, acts of public ene~ny. orders c~f any kind af the C;~vernment of'the CJnited States or the State c~f Colorado c~r any~ pofitical subdivision, except the Cuunty, or ~~n}° eivil or militar}~ authority. insurrectic~n, riots, e~i~lc;n~ics, lands[ides, tightning, earlhc~uakes, fires, hurricancs, starms, floods, washouts, droughts, arrests, restraii~t of government and people, ci~~il disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes nat reasonabiy within the contrc~l of the party claiming such inability. tt is understc7ad and agreed that the sett{ement of strikes and lockouts ~hal) be entirely within the discretieon of th~ party havin~ the dit~'iculty, and that the abave requireme~nt that any Eorce Majeure shall ~ rernecii~d with all reasc>nable dispatch shall not rec~uire the settlement of strikes and locknuts hy acceding ta the demands of the c~pposin~ party ~ar parties wlten such settlement is unfavorable to it in the judgmcnt af the party havin~ the ciifticulty. f~. C;umulative Remedy. The liyuidated dama~es referred to herein are inte~ided to l~: and are cumulative ~nd shaU b~ in addition t~i every c~ther remec~y nc~rv or hereafter enforceable at la4v< in eyuity. bY slatute, ~ar~ undcr C~c~i~tract. I5 PITKt*I C()UN7'Y PUBLIC tM~ORK5 FLU~R URAIN f GRA'I~E REPAIRS CONTRACT a oob.~o~~ Rev. 3~2$r`tl9 jls XIV. '("ermination of Contract. A. "I`he Caunty may terminace this Contract upon the occurrence of any one or more of the foil~wing events: t. lf the Contractvr cammCnce~ a vuluntary cast und~r any chapter ~t' the Bankruptcy C'.ode ("C°itle !1, United States Code), as now or hereafter in elTect, or if Contractor takes any equivalent or similar action by filin~ a petition or otherw~ise under at~y other fec~eral vr state la~~v in effect at suclz time relating to thc bankruptcy or insofvency; 2. lf a petition is filed against Contractor under al-y chapter c~f'the Bankruptc.}~ Code as now t~r hereaftcr in effect at the time of' filing, or if a petition is fil~d seeking any such eyuivalent or similar relief against Cuntractor under any other federal or state law in effect at the time relating co bankruptcy or insol~~ency; 3. If the Contract~~r makes a general assignment for the benefit of ~reditors, 4. tf a trustee, receiver, r.ustodian or agent c~f Ccintractcir is appointed under applicable law~ or under Cantract. ~vhose appointment c~r autharity ta take charge af pro~erty of C'ontractor is ti~r the purpose of'entorcing a Lien against such property or fUr the purpase af ~eneral administratic~n of'such property for tfae benefit ofC:ontractor's creditors; 5. If the Contractor persistently f'ails ta perform the Pr~ject in accordance with [his Coniract inctuding but not limit~el to, failure tu su~~~~ly sut~icient skilled ~<~rkers ae suitable materials or equipcnent or fiaifurc to adhere tc~ the ~~ork schedule eslablish~d in this Contract; fi. If tl~e Contractc>r disregards laws, ordinanecs, rufes, regulutions, Ur arders c~f' any public bc~dy havin~, jui•isdictian; B. 'l'ermination !'riar ta Expiration ot C'ontraci T~:rm. The Cc~unty has the right to terminate this Contract, with ar N~iihout cause, by ~iving 4vritter~ notice tc~ thc Contractor of such termination and specif'ying thc et~'ective date thEreaf. ~uch natice shall be giwen at least ten ( I O) da~~s before the effertive d~te of such te.rminatinn. fn such event all tinishec~ or untinished documents, data, studies and reports prepared b} the Cantractor pursuant to this C~~ntract shall become the County's prc~perty. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisf'actory Project wc~rk cornpleted pursuant ta the terms of this C~ntract priar to the date of`termination. Not withstanding the abc~ve, E'ontractor shall not be relieved of liabilily` tu lhe Cuunly fur dan~a~is sustaineci l~y thc County k~y virtue c~f any breach of the Contract by the C'ontractor. XV. Independent Contractor Status. A. "The paMies t~ this contract intend that the relatianship between them contemplated by the contract is that c~f independeni Contractor. Cantractor, ai~d any agent, employee, c~r servant of Contractor shall not be deemed to bc an employee, agent, c~r servant of Pitkin County. R. C~ntractnr is n~t required to oft~er his services exclusively to Pitkin County under this contract. Contractc~r may choose to work for other individuals c~r entities durin~ the term of this eantract, provided that the basic service~ and citliverable E-rc,ducts requi-•ed under this cUntract are submitted in the manner and ~n tht schedule d~fined under this cr~ntract. 16 PITKIN COUN't'Y YUBI.IC N'ORKS FLOUR Dt2~1IN/GRATE RE}~AfRS CONTRACT ~ 0o6.2oso Rev. 3f28109 jls C. C~niractor warrants that afl work prc~duc~d wil) cnnform t~ al! applicable industry standard c~f care, skiii and diligence in the perforrnance of Ccmtractar's obligatinns under this contract. D. Contractor shal{ not attempt ta oversee or superWise the wc~rk nr actions af any Pitkin Caunty emplayee, servant or a~ent in the course ot'compCeting work under this contract. E, Cantra~lor is nut et-titleJ to anv Workers' Co~~pensatian benefits thraugh Pitkin C`ounty and is res~onsible far payrnent of any federal, state, I~ tGA and ather income taxes. F. The Contractor shall be required to cc,mplete and subrrrit td the C`aunty, a~arm W-9 "("axpayer ldentitication Number Request. X V I. Com~,utatian of' Time. A. When any peric~d c~f time is referred to in this Contract by days, it will tie cc~mputcyd to exclude the tirst and include the last day af such period. fi'the last day i~f any such periad f'alls cm a Saturday or 5unday or on a le$al holiday, such day will be ornitted fram tt~e computation. B. All times st~ted in this C'~ntract are of the essence. XVI1. Kec~rds and C:ust Pricing [~ata. A. T'he Contractor shall maintain in a safe place at the sitc ane recprd ca~y af' ail Ura~vings, Specificatians, Addenda, V4~rikten Amendme~~ts, Change nrders, Prc~ject Directive Changes, Field C~reirrs aneJ writ~ec~ inlerpr~taticans a~ia clarificatic~ns in gavd c~rder and annotated and updated weekl~~ to shc~w all chan~es made during cc~nstruction. These record documents together with all approved samples w~ill be a~~ailat~le tc~ th~ Procurement Ofticer for refcrencc. Upan completion of' the Pro,jcct, thcsc rccard documents und ss~mples w'ill be delivercd to the Procurement f~fficer for the C'ouitty. H. The Contractc~r shall maintain all data and records perlinent to the E'roject ~e:rfnrmed under this Cuntract, in accordance with gencrally' aecepted ac~ounting principles, ancl shall preserve and make ayailable al{ data and records until th~; expirati~n of three (3) years frc~m the date af ~nal payment under t3~is Contract, or fr~r ~ach I~nger ~erit~d, if any, as is required ~y applicable statute; €>r by other articles c~f this Contract. 7'he Cnunt}~ shalt have access t<~ all such data anc~ records for such trme period ~o inspect, audit and +nake ec~pies thereo{' during normat business huur,. T'hC t:uttlra~tor covenants and agrees that it shall require that anY sul~ontractc~r ~~tilixed in the pert~~rmance ~f'this Contract ta permit the auth~rized repr~setttativ~;s of the C`ounty, to similarty inspect and audit al! data and reec~rds c~I' ~ai~! tiubcurrcractors relating ta tlze ~~erfornzance of said subeontraetors under this C~ontract f~~r the sa~r~e tirnc period. C. lf this Contrr~ct is cc>mpletely c~r pttrtially terminatecl, the records relating to the Project terminated shall be made available for three (3) years after any~ resulting final terminatic~n payment. G. Records pertaining to ~ppeals ~r to iitigatinn Ur the settlement of claims arising under or relating to the performance of this Contract shal! be made available cmtil dispasition of surh a~-peals, litigatian, car claims. XV1il. Pvliscellane~us. A. ,Assi~nability. "f"his Gontract is nc~t assi~nable b}~ either part~. t1,r~ti~ use of subcontractors by lhe Cantractor for ~erfc~rmance of t}us C'c~ntract must bc acceptecl in writin~ by~ tt~e: County, tr PiTKIN COUN1'Y PUBI.IC WORlCS FGOOR DR~I3J/GRATE REPAIRS CONTRACT ~ oo6.aoio Rev. 3f?$f09 jls B. E3inding Arbitrati~n. Any disputes arisirrg out of' this C~niract shalf 6e subject ta binding arbitration. The parties agree that any disputes concerning the terms and cunditiuns ~l' this Cc~ntract shall be submitted and finai(y settled by arbitrati~n. Arb'rtratian shal! be conducted pursuant to the rules of the American Arbitratian Association and shall be presided aver by the Pilkin Cuunly titarin~ Oliicer ap~uinted to arbitt~ate Pitki~t Caui~ty Contract disputes. Cc>sts of the arbitration shall be awarded ta the substantially preti~ailing party. C. Scvcrability. lf any tcrrn, scction, or other prc~vision of this Contract shall, fc~r anv reason, be held to be invalid or unenforceable, the invalidity c~r unenfc~rceability afi such term, sectian, c~r other prc~vision shall n<~t af'f'ect any of the remaining pr~~~fisitms of this Contract, ai~d to this end, each term, section and provision of this Cantract shall be severabl~ . l). Integration and Moditication. This C'antract represents the enlire and integrated C:ontract betw~een the C'c~unty and the Cc~ntractar and supersedes ail priar negotiations. re}~resentations, or C.~ntract, either written or oral. 7'his C'ontract may be amended only ~y written C'ontract si~ned by both tt~e Count}~ and the Contractor. E. Contract Made in C'~lorado. The parties a,~ree that this Contract was rnade in ac~e~relanc~ ~vitty tfre ia~vs af tl~e 51ate of C~ulvrado and sl~all be so construcd. Venuc is agrccd tc~ be exclusively in the courts of E'itkin Cvunty, Colorad~. F. Atiorney's Fees. In the event that legal action is necessary ta enfc~rce any oI'the provisians r~f this Gantract including the arbitration described in this section, the substantially prevailing party shall be entitled to its ct~sts and reasonable attorney's fees. G. Governmental Immunity. Contractor agrces a~id understands th~t Pitkin County is relying on and does not waive th~ mUnctary limitations or lerm4 ar any other ri~hts, irn~nunities, and prntection~ rr<ivided h?~ the ~'c~Ie>rado t;ovcrnmental imrnunity Act, 2~-10-1Q1, e! set~., C.R.S., as from ti-ne to tim~: amended, or atherwise avaiiabfe to Pitkin Cc~unt~~ or any af its ofi~icers, agents or employees. Fureher, nothing in this C:c~ntract shal! br cunstruL~l ur inle~preted to require or provide fr,r indemnitication of the Contractar by~ the Gaunty for any injury to any persUn or any property dama~e whatsoever ~~hich is caused by~ the negligencc ar eather miscanduct af the C'vunty or its ageiit or emplayee~. H. C'urrent Year Ubligatic,~~s. 'I~he parties ~ckn~tiwledge an~i agree thai any paym~nts providcc~ fcar hereunder ~r requirements tor f'uture apprn~riatiuns shal! constitute only currently budgeted expenditures af Pitkin County. F'itkin County's obligations under this Contrnct are subject to Pitkin Cc~unty's annual right to budget and appropriate thc s~uns necessary tca provide the serviees set forth herein. No pravisions oF the C'c~ntraet shalt cc~nSti~ute a tnandator}r c;harge or requirement in any ensuin~ fiscai year beyond the then currerit ~scal year of Pitkirt C'c>unty. (. Notice. t~ny notice required by this Contract shall be ~eemed delivered thrc~u~h either ~F the fallc~wing: {~) hancl delivery to the pcrson af thc adc~ress belaw~ or (2) by cc:ntitied tirsC elass mail, pc~stage ~repaid, rtturrE receipt reWuest~d adclr~essed as t'Utlc~ws: A. 'l'o l'itkin C'ounty ~~ith cvpies t<~: .l<~di Sinith, Fac+litics Manager f~itkin C'c~unt}' .httc~rne}~"s Ofti~t* 1$ PITKtN C()UN'[Y PUBLIC h'URKS FLOOR DRA1NjCRAT't•: REPAIRS CUNTRACT a po6.2oio REV. 212$/09 jls 4$5 Ria Grande i~l # 101 530 E. Main Street, #3Q2 Aspen, Galorado 81611 ~spr.n, Calorado 8 i 61 l Fax(970)920-5285 Fax:(970)~)20-5198 ~t'o Contractor: lvtyers & Company, Architectural Metals SSS I3asalt Ave Basalt Col~frac~o 81621 1= ax (970) 927-~b 10 J. Waiver. Na waiver by either party of an}~ right, term or cc~ndition af'this Gontract shall be deemed or c~nstrued as a waiver of any other right, term or cnndition, nor shail a waiver of any breach hereaf be deemed to constitute a waiver of any subsequent brc~ach, whether nf t}aE same or af a different prc~visicm c~f this C~~ntract. X[X. Contractor"s Repres~i~taticros. A. In order to induce Caunty tc~ enter into this C'~ntract, Cantractor makes the follo~vi~~ representations: l. C't~ntractc~r has familiarize~i himself with the nature and exte;nt of this Contract, Ar~ject, I~~cality, and with all lot;ai concfitic~ns and ti;derai, state, and lacal la~a~s. ardinances, rules anci reg«lations that in any manner m~y affee.t c.ost, rrn~;ress. nr perft~rmance ofi Project. 2. Contract~r has carefully studied the site and has performed all necessary investigations, tests, anci subsurface in~•estigations to detine the latent physical conditions oC lhe c~mstructiun site al'Ircting ~ost, prugr~ss, or perfc~r~~iance af Project. 3. Contractor h~s made or caused to bc: made examinations, inyc:stigations, and tcsts and studies of such reports and reltztcd dat~ as it deems necessary~ for the performance af' Pr~ject at the Contract price, within the C;eantract time. anci in accc~rdance ~vith the other terms and c<anciitic~ns of this Ccmtract; and no additional examinations, investigatic~ns, tests, reports, or similar data arc: ~r ~~~ill be required by CContractar for such purposes. 4. Contrartdr has c~orrGlated the results e~f' all sueii obscrvations. examinations, in~esti~;atians, tests, reports and data with the terms and conditions af this Contract. S. Contractor has given Procurement Qfficer written notice c~f all conflicts. errars, ur cliscrepancies tt~at it has Jiscovered in this Cantract, and the written resc~iution thereof by E'rocurement Offtcer is acceptable to Contractor. 6. F3y executin~ lhis Contract, the Contractor represents that it has ~~isited the site, famiiiarized itself with the loca) conditians under which the Project ~~ork is ta be performed tincluding weather conditions w~hich can be expected), and c~rrelated its ot~ser~~ations with the requi-•ements of this C'c~ntract 11 PITKIh CI~UT'CY PUBLIC ~NORKS PL()OR ~RAINfGRATE REPAIRS CONTRACI' ~ oab.soao Rev. ~/28l04 jls 7. 7'he undersi~ned representative of C'ontractor re~resents that it is an authorized representative of Contractor fc~r the pur~ases af' executing this Cantract anc~ that it has ful I and complete authority to enter into this Cantract on b~~l~alf of Contractar_ XX. C'ounterparts. 1 his ~'ontract n~ay be executed irt multipte count~rparts, each of which shall cnn~tit~jte an c~ri~;inal. hut all rif which shall constitute «ne and the same document. XXL Compliance with House Bill Ob-13~3 and House k~ill Q7-1073 A. In cc~mpliance with t~ause Qill 06-1343 and House Bi1107-1073 am~ndin~ T'itle 8 of the Colorado Revised Statutes tzy the addition of Article 17.5, [Il~gal Aliens-t'ublic Cnntract f~r Serwices, enacted by the General Assemhly ofi the State af Caloradc~, the Contractor shall nnt: 1. Kno«~ingly employ or contract ~~fith an illegal alien tc~ perform wark under this c~~ntruct or; 2. finter into a contract with a s~ibcontractar that fails to certi~y~ to the t:ontractor that 1he subctmtractc~r shalt not knowin~ly emplay c~r cantract r.vith an ilte~al atien to perfc~rm ~vt]rk ~uidcr chis contract. t3. [n c~mplianc~ with f~[ouse E3ill 06-1343 and Hau~e C3iil 07-1073 enacted by the Cieneraf Assembly of the State ~f ('~Inrado: 1. The Cc~ntractar has contirmed or attempted ta confirm the emp(oymem eligibilit}~ c~f all employees wl~o are ne~~ ly hired f'ar empl~yment iis the l_Jnited States through participation in the Fiasic Nilc~t Program [created in Publie [,aw 208, 104th Cangress, c~r its successar ai~d eYpanded in I'ublic i,aw I S6, I 08~~' Congress, or its suece~sar, tl~at is administ~red by the llnited ~tates [~~partment of t~{omeland Security~) and, if the Contractor is nat accepti:d intc~ the Basic F~ilot Program prior to entcring into this contrACt, the C:ontractnr shult a~ply to participate in the Basic Pilot Prc~gram every three months until the Contractor is accepted or this contract has been completecl, whichever is ea~lier. This provision shall not be required ~7r ~ffective if the 8asic Pilot Program is discontinued. 2. 1 he Cantractar shatl be prohibited From usin~ Basic t'iiat Pragram nrocedures to undertake pre-employment screenin~ ot~,job applicants whi(e this contract is being perfarmed. 3. If tl-e Contractc~r obtains actual knowted~e that a subcontractor peri'ormi«g work under this contract knawingly employ s or cc~ntracts w~iCh an illega) alien, the Contractar shall be required to: a. Notify the subcontractor and the Count,y within thre~ days that the C:ontractor has aclual knc~wledg~ that the subcontractc>r is employin~ or e~ntracting with an illegal alien; and b. "I'errninate tht subeontract with the subcontractar ifwithin three days of'receiving the natice requireci pursuant to subparagraph (a) of this paragraph (3) the suhcr~ntracte~r dr~es n~t stn~- em~loying or contracting wlth the illegal aliens; except that the Contractor shall not terminate the contract with the subcontr~~ctor if ~iurin~ such three days the sut~contrac.tor provides ~nfoe~natiun lu 2C? PITKIN COUNTY' PtiB[.IC tA~'ORKS ~'LO(JR pR4lIY/GRAT'E REPAIRS C~t~TRACT ~ 005.2o~O Rev. 31281G9.jts establ ish that the subcnntract~r has not knowin~ly employed nr cc~niracted with att ille~al alien. ~ 4. "I`he C"~ntractor shafl enmpty with any re~srmahle reyuest by th~ I)epartnnent of Labor and Employment made in the course ~f an invesligation that the Llepartment of Labor and Emptoyment is undertaking pursuant to the autharity established in Subsec[ion (5) c~f C.R.S. § & i 7.5-102. XXIt. P(?LITIC~t_. C'ONTRlBI%T1CJN5 P120}~{IBl'I,ED: Pursuant tc~ Sectian 15 of Article XXVIfi af the Colorado Cc~nstitution, there is a presumptian of impropriety bet~veen cantrihutiUns ta an}° cam~aign and sole source gc~vernment cantracts. 1'herefore, the Consultant agrccs, for ihc duration of this A~reement and for twc~ (?} years thereafter, fic~ cease making, causing tc~ be made, or inducin~; by any means, a cimtri6uti~n, directly or indirectly, an behalfaf any politieai party or for the benefit af any candidatc ('or an}~ elected office of the state ar any of its political subdivisions. C~urther, pursuant to Section 16 c~f Artie,le XXUIII of the Colorado Constitutiacj, the C`onsuitant shall promptly prcpare and detiver to ~he ehecutive direetor of the C'olorado Departmcr3t ot f'ersocznel, a true and cc~rrect "C;~~vernment Contract Summary," for this ~t~ree~ment in a fc~rm acce~table to that office. AUDEI~DUM IN W[TNE5S W!-~[~K~;C7F, the parties ha~re execut~d this C'ontract as af the date #~rst set out herein above. CONTRACTqR t~Iyc~~~s'~f`.~~n~~aj~, Arc~~itc ~ tl ~~ ~ ~~ _. . ~ ~..,.,,.... ' ~iy: . _ ~..~, ~-~ PI 1 KIN COUN I Y, S~'A ~I Mctals ~~ ~ ~ y~ y »R. . ~ .~ •~~L-":~..,"9 F C{}~OItAllU ~~ ~ ,.~ 1tl:"C~ i1'lMENDEI? Oit APPRCJiVAL:~ ~ ~~~ ,Indi Srnith, t~acilities Mana~er [~ate ~ ~~~,~~~ ,.~ ~ 21 PCI`KIN CUltN7'1` PURI.IC VVORK_'S FLAOR bKAl:~t fCRA'I'E REPAIRS C()NTRAt'T u nnh.2ntc~ Rev. 3~2$;'~y jIS No~r~~cr: To -~ROCr~:ra DATE: 2I1f10 `f'O: Myers cY~ Campanyr, Architectura( Metals SSS Basalt ~1ve t3asatt C:c~larado 81 b21 Fax {970) 927-46 I O FROM: Jodi Smith, T'acilities Manager PitkFn County ~$S [2ic~ C,rande PI #~lO1 Aspen CO 816 f t You are hereby authorized ta proceed an F`ebruary 4. 201!! or within ten (10) conseGUtive calendar ~1ay thereafter, w~ith the «rork covered b~~ the Contract 17oc~trnents titled: ~'ublir Warks Floor UrainlGrate Renairs for the sum not ta exceed $2Q 250 {itl. All reyuired permitti~~g shc~uEd be apprUVed and ~n site priar tu camrnencement ~f ~vork. sy: `~~~~~ .lodi ~mith, F~cilitie~ Manager Date 22 From:Heidi Lyster FaxID: Page 2 of 2 Oate~Z/5/2010 02:1 D PM Page2 of 2 OP ID ]{W acoRV CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDJYYYY) ~E~-2 02,05,10 PRODUCER THIS CERTIFICATE IS ISSUED AS A M,4TTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Forsberg Enqerman Company HOLDER. THIS CERTIFiCATE DOES NOT AAAEND, EXTEND OR 35'15 5. Sherlnsn St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Englewood CO 80113 Phone: 303-762-1717 INSURERS AFFORDING COVERAGE NNC # INSUR~ INSURER A. ~p y p lo ~rs tlutual Casualt Co. INSURER 8 ers & Company Architectural etals Int INSURERC PO BOX 2r'J~IO Basalt CO 81621 INSURERD INSURER E COVERAGES 1}iE POUCIES OF fNSURANCE L(STED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NON/ITHSTANDWG ANY REOUIREMENT. TERM OR CONDITiON OF ANY CONTRACT OR OTHER DOCUMENT WiTN RESPECi TO WHICH 7HIS CERTIFICATE MAY BE iSSUED OR MAY PERTAIN, THE WSURANCE AFFORDED 0Y THE POLIGES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR iYPE OF WSURANCE POLICY NUMIBER DATE (MMIDDIYY) DATE (MFNDDIYY) ~~~ GENERALLIABILIN EACHOCCURRENCE $ SOOOOOO j+~ }{ }{ COMMERGALGENER.4iLIA81LiTY 3D56591-10 06~~1~09 46~~1~1~ PREMISES(Eaoccurence) $ 3~0~0~ CLAlMS M,qL~E ~ OCCUR MED EXP (any one pereon) $ rjQ 0 ~ PERS0~14L &ADV INJURY $ 1QOOOOO GENERALAGGREGA7E $ ~LOOOUOO GEN'LAGGREGATELIMITAPPLIESPER. PRODUC7S-COMP/OPAGG $ZOOOOOO POLfCY ){ ~CT LOC F.l~lp $ep. ZUOOOOO AU7 0MOBILE LIABILIT! COMBINEDSINGLELIMIT $ lOOOOOO A X ANYAUTU 3E56591-1U 06/Ol/09 O6/O1/10 (Eaeccident) ALL OWNED AUTOS BODILY INJURY ~ SCHEDULED ALfTOS ~Per person) X HIREO AUiOS BODILYINJURY $ }{ NON-OWNEGAUTOS (Peraccident) PROPERTY DAMAGE $ (Per eccitlent) GARAGE LIA0ILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO GTHER 7}iAtJ EA ACC $ AUTO GNLY ~~ ~ EXCESSNMBRELLALIABLITY EACHGCCURRENCE $ SOOOOOO A X occuR ^ CLAIMSMADE 3J56591-10 06/O1/09 06/01/10 AGGREGATE $ 5000000 ~ DEOUCtIBLE $ }( RETENTION $ lOOOO $ WORKERS LOMPENSATION AND TORY LIMIiS ER EMGLOYERS' LIAB~ITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACN ACCIDEM $ OFFICER/MEMBER EXCLUDE09 E.L DISFASE - EA EMPLGYEE $ It yes, tlescnba untler SPECfRL PROVISIONS below E L DISEASE - POLICY ~IMIT $ OTHER A Leased/Rented Equi 3C56591-10 06/01/09 06/01/10 I.imit 525000 Ded $540 DESCRp'TION OF OPERATIONS / LOCA710N5/ VEWCLES / ExCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Pubiic Works Floor/Drain/Grate Repairs Pitkin County Colorado is named as sdditional insured with respects to ~3eneral Liability per form CCi7482.3 1/08. *10 day notice of cancellation applies to non-payment in premium. CERTIFICATE HOLDER CANCELLATION PITKINC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATF TNEREOF, THE IS3UKJG INSlA2ER WILL ENOEAVOR TO MAIL 3O # DAYS WRfiTEN NOTICE TO THE CERTIFICATE HOLGER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Pi tkin County Colorado Attn: Jodi Smith Facilities Ma IMPOSE NO OBIIGATION OR LIA&LITY OF ANY KIP1D UPON THE WSURER, ITS AGENTS OR 48r9 R10 cirande PL ~l~l REFRESENTATNES. Aspen CO 81611 A 12E REPRES NTATIVE ACORD 25 (20D1108) C~J AGOR D GOK POKAT ID IV 19ifif ~ ~ ~702470016 Acordia 16.21:18 02-05-2010 1 !2 ACOgQ'" ~ERTIFIGATE OF LIABILITY INSURANCE "~o Y, °A~o ~ PRODUCER PINNACOL ASSURANCE THIS CERTIFICATE I& ISSUED AS A MATTER OF INFORMATION ONLY 75D1 E Lowry glvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HQLDER. THIS Denver, CO 80230-7D06 . CERTIFICATE DOES NOt AMEND, EXTEND OR ALTER TNE CQVERAGEAFFORDED BY THE POLICIES BELOW. INSURERSAFFORDING COVERAGE NAIG# ~~~ MYERS AND CO ARGMITECTURAL METAL& IN~uRGNA pINNAGOI ASSURANCE 41180 555 BASALT AVENUE WbURER R BASALT CO 81 2 i~su~R c , 6 1 aasunFR or INBUREq E: CCVERAfiE6 UCI OF IN H 1 EO NAMED A VE OR HE L Y i~o~carm. ao ANY REQUIRflIAENT, TERM OR CONOITION OF ANY CONTRAGT OR OTHER DOCUAAMENT WITH RESPECT TO WHICH TN13 CERTIFICATE MAY 8E ISSUEO OR IAAY PERTAIN, TME INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, FXCLUSIONS ANG COIYOITIONS OF SUCH POLICiES. LIMITS SHOWN MAY HAVE 6EEN REDUCED BY PAIA C W AAS. ~wr~ ~coL vouorerreetnrt ~ouovtxrirtnnoro LT1i MARp TY~EOFINiUtMICE POLJCYNIlM96R DATE(MMip~M/VY1 DAT!{6p4001'/WYI LIMITA Od~16ML LMBILI7Y GAC11 pCCURRGNC6 CdMqRCUL pEn~iw. u~pu7v CAMA!!E TO RENTCD QINAAaA1~0! ~ OCCUR PREMIBE9 MMEW wx munf re~aa,K~~oviwum G6NLAAd1lMTi UMITA!'PUlIW PER: f~nBtALA001ifi0Atfi POLICY PRQJECi LOC PROOUC78 • COMP/OP AGO AVmltlpli 6MWUT' COM61NE0 81NOLE UMIT Mn nuro aBSk<xrM NLOWI~EDNlTpB IOOILYIWIMY dWRAU.Ep~Llf0.1 ~e~Denen~ sawEDwros ioot~r~wuev No~-oNr~ ~uros ~ Per~caaq VROPERTV DA~IMOG peraamenp wiuac ~w0.in ~uTOOr~r• w ~cc~owt ANVAU70 O7MfeR7FWa GAACC AUTOONLY: AO e:e~tnarar~ua w~.in wcN occu~eropt OGCVR ~ CWM9M'DG AOOREOATE CEOUCT~OLE araNna~ s wa+K~lacoxvaMUnoN~wo wcarAnr orh~eR A E4MLM'iR4 WIBIUTI' ANYPROrRiETORIFNtiP1ERlE%Ed1Tlv~ ~1216 01/01/2010 0110112011 7 s ~wd~ncaoeNr ~p0.0O0 OFFIClRMWBCREXOLtAiDi If l.LGlOlABE-EAEMPLOYEE $SO0000 Y!L DNiS! Oeutbe uMe~lPfCIALPQONI9(ON9 brlpr E,L 018EA8E- POIICY U~MT' 07MEI1 DESC1tlP'OONOF OPBtAilONS1LOCOTONiIVEHCLESIEXCLU&ONSl+DDEO 6Y ENDOR9f!h1ENT18PECIPLPROVISIONS CER7'(f(CATE HOLDER CANCELLATI~Ii 1213493 L O H AH VE s RI ~t Pitkin County 7HE EXPIRATION DATE THEREOF, THE ISSWNG GOMPANY WILL ENDEAVOR 7 Attn: Jodi Smith - Facilities Manager MAfL 30 DAYS WRITTEN NOTICE TO THE GERTIFICATE HOLDER NAAOED TO TH 485 Rto Grande Plece #101 LEF7, BUT FafLURE TO Mall SUCH NOTICE SHALL INPOSE NO OBLIGATtON OF ASpEO CO 81611 LUIBILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVE3. AUTHORI2€D REPRESF.NTATIYE Michael Smith ACORD 23(2001l08) Undervuriter ACORD CORPBRATiON 1988 ~ ~ ----.. -----....--.__ ---.._ ...._ _ _._._.__.. ~702470016 Acordia AGENT COPY INEL.LS FARGO INSURANCE SERVICES/DURA 150 TECH CEN1'ER DR., 5UITE A DtJRANGO, CO 81309 . 16.21:37 02-05-2010 2/2 IMPORTANT If the cartificate holder is an ADDfTIONAL INSURED, the policy(ies~ must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAfVED, subject to the terms and conditions of tha policy, certain policies may require an endorsement. A statement on this certificate does not oonfer rights to the certificate holde~ in lieu of such endorsement(s). DISCLAIN~R The Certificate of lnsurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~Z.a~