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Re,•. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 85.2013
ORIGINATING DEPARTMENT: Facilities
PROCUREMENT OFFICER: Wheeler PHONE#; 5763
PROJECT NAME: Fleet Shop remodel CoNTR.acTOx: RA Nelson LLC
DOLLAR AMOUNT: $185.384.00 LINE ITEM # I 10.55.92855.82262
CONTRACT EXECUTION DATE: 5/28/2013 CONTRACT END DATE: 10l1/2013
AUTOMATIC RENEWAL: ❑ YES �NO TERM: defined
❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signaturej (Per Revised Procurement Code 7/2005)
� OVER $50,000(Requires Section Leader& Counry Manager's Signature)
�/ CHECK PROCUREMENT TYPE:
❑ None ❑ Informal � Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑Compliance with C.R.S. 8-U-5-101, 102 as amended(Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT 7'YPE: �� �� ��L
❑ Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease ❑ Non-Profit
� Construction ❑ Quasi-Public(e.g.-AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements(Notify Finance& Resolution Required)
❑Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/O: 10°6 or S25K whichever is the Izsser must have County Managzr signaWre)
All Contracts should be proofed and aIl exhibits and notices must be attached for the following:
✓ � No Pages Missing ✓� All Other Blanks Filled in
✓ � If Page Left Intentionally Blank—Note on Page ✓� All Exhibits Attached
� � Page numbered consecutively ✓Q AII Legal Descriptions attached (iJapp/icable)
✓ � All Original Signatures Affixed ✓� Notice of Award/Notice to Proceed Attached (ijapplrca6le)
✓ � All Dates Filled In ✓❑ Warranty(if applicable)
� 0 Special Instructions for Finance Department:
✓ � Authorized Procurement Officer's Name: Wheeler
RY CHECKING ABOVE AND ENTF.RING NAMF„ THF. AUTHORIZED STAFF PF.RSON INDICATES THAT
THE ATTACHF.D DOCUMENT IiAS BEEN PROOFEU AND RF.ADI' FOR SCANNING.
NOTF.: CLERK'S OFFICE W[LL KEEP ORIG(NAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCIIIVES RETA[NAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
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PITHIN COUNTY CONSTRUCTION CONTRACT
�Pitkin County Fleet Shop Remodel Projeet �
THIS CONTRACT, made this 28 day of May 2013, by and between the Board of County
Commissio�ers of Pitkin County, Colorado, (hereinafter called the"County") and RA Nelson
LLC (hereinafter called the °Contractor") to perform the following work: Pitkin Couuty Fleet
Shop Remodel Project("ProjecY').
L Term of Contract. The term of this contract is from May 28, 2013 to October 1, 2013.
II. Scope of Work and Work Schedule.
Contractor will be responsible to provide all permits, labor, material, clean up and supervision
for a complete Fleet Shop remodel as per plans dates 4/10/2013 and as oudined in the RFP
Response dated May 9, 2013 (attached as exhibit A). Contractor is responsible for all work to be
inspected by the proper authority and meet or exceed all local and national codes. Contractor
scope of service must include but is not limited to the following.
1. Remove overhead door and install a 26'x14' overhead door with
operator. As per plans
2. Install new 3'0"x 7'0" Metal door to match existing doors as per plans
3. Install new 6'0"X7'0" double metal door one side active to match
existing. As per plans
4. Remove one side of inetal cross bracing and relocate as per plans
5. Remove Gas bottle CMU storage wall and repair slab as per plans
6. Remove CMU divider wall in between small and large bays as per plans
7. Relocate all utilities from the CMU walls to locations as needed.
8. Add additional electrical service, outlets, lighting etc as per plans and as
ctarified with owner.
9. Repair concrete around and in the service pit as per plans
10. Level the utility trench in the center bay as per plans
1 l. Remove oil island and relocate utilities and reels to the west wall as per
plans
12. Install new owner provided crane as per plan
13. Install new owner provided Exhaust fan
14. Relocate two unit heaters as per plan
15. Please iuclude an allowance to relocate air lines '
16. Repair 3 windows that have cracked glass.
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16. Prep and Epoxy paint the entire concrete floor. This will need to bc done
in three separate areas/phases as we cannot empty the entire building.
l7. Install an eleMrical and data drop from the ceiling for a workstation
near the center of the existing parts bay.
18. All finishes shall be similar to existing finishes.
19. Please provide pricing broken dowu.by division with general conditions
and fee separate.
B. All work performed under this Contract shall be done according to the following
work schedule:
Schedule shall be according.to the submitted schedule by RA Nelson with the
start date being the day of issuance of Building Permit by Pitkin County. This schedule
will be evaluated at that time and may be changed by the Contractor wi[h approval by
Jack Wheeler.
ID. 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 One Hundred Eighty Five Thousand
Three Hundred Eighty Four pollars ($ 185,384.00) 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.
l. Contractor shall submit applications for payment on the 25th of each
Month for work done to date.
2. Progress payments.
a. Counry shall make progress payments, within thirty (30) days of
Cou�ty's approval of ConVactor'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 pereent (50%) of the Project work required by this Contract has
been performed. Thereafrer, Coun[y shall pay all remaining progress payments
and maintain only existing retainage if, in the opinion of Ihe Procurement Officer
and Counry, satisfactory progress is being made on the Project If, in the opinio❑ �
of'[he Procurement Officer and County, satisfacrory progress is not being made
on the Project, or if claims are filed under Sec[ion 38-26-]07, 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
Coutract Price shall be retained until the Project is comple[ed satisfactorily and
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finally accepted by County in accordancc with the provisions of [his Contract.
Progress payments shal( not constitute final acceptance of the Project.
B. County shall make fival payment, including release of retainag�e, 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.
N. Contractor's ObliQations.
A. Supervision and Superintendence.
l. The Contractor shall supervise and direct the Project competently and
efficiendy 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 superintenden[ [o be kept on the Project at all times duri�g
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 communicatio�s given to the superintendent shall be as binding as if
given to the Contractor.
B. Subcontractors, Suppliers and Others.
L The Contractor shall not employ any subcontractor, supplier or other
person or organization (including those acceptable to the County and [he Procurement
Officer, whether initially or as a substitute) against whom the County or the Procurement
Officer may have reasonable objec[ion.
2. The identity of subcontractors, suppliers or other persons or organizations
including those who are to fumish 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 Projec[ 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 fumishing 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
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othcr person or organization, nor shall it create any obligation on the part of the County
or the Procurement Officer ro pay or to see to the payment of any moneys due any such
subcontractor, supplier or olher person or organization exccpt 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 ar the incorpora[ion 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 hartnless the County
and [he Procurement Officer and anyone directly or indirectly employed by either of them from
and against all claims, damages, losses and expenses (including at[omey'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 i�con�ection with any alleged infringement of such rights.
D. Permits. Unless otherwise provided in this Contrac[, the Contractor shall obtain
and pay for all construction permits and licenses. The County shall assist the Contractor, when
necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution of the Project. The Contractor shall
pay all charges of utilities for connections to the Project, and the County shall pay all charges of
such utility owners for capital wsts 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, ntles, and regula[ions applicable to furnishing
and performance of the Project including rules, regulations, and ordinances the County
promulga[es at nny time. Except wbere otherwise expressly required by applicable laws and
regulations, neither the County nor [he Procurement Officer shall be responsible for monitoring
the Contractor's compliance with any Laws or Regulations.
F. Taxes. The 6ontractor shall pay all existing and future �pplicable federal, state and
local sales, consumcr, use and odier similar taxes whether direct or indirect. Federal excise [ax
may not apply to materials purchased by the County. The Contrac[ price shall include all o[her
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.
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G. Use of Premises.
1. The Contractor shall confine construc[ion equipment, the storage of
materials and cquipment 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 Co�tractor 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, attomeys 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 Procuremant 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 Prom accumulations of waste materials, rubbish and other debris resulting from the
Project. At the completion of the Project, the Contracror shall remove all waste
materials, rubbish and debris from and about the premises as well as all tools, appliances,
construction equipment and machinery, temporary structures, stumps or portions of trees,
and surplus materials, and shall leave the site clean and ready for occupancy by the
County. The Contractor shall restore to original condi[ion all property not designated for
alteration by this Contract.
3. The Contractor shall not load or permit any paR of any structure to be
loaded in any manner that will endanger the structure, nor shall the Contrac[or subject
any paR of the Project or adjacent proper[y to stresses or pressures that will endanger i[.
H. Safety and Protectio�.
L The Contractor shall be solely responsible for initiating, maintai�ing 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 thc
necessary protection to prevent damage, injury or loss to:
a. All employees in the Projec[ 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 therero, including trees,
shrubs, lawns, walks, pavements, road-ways, s[ructures, utilities and underground
facilities not designated for removal, relocation or replacement in the course of
construction.
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The Contractor shall be rcquired 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 i❑ no instance will the
Contractor be permitted to transfer its forces from a❑ uncompleted Project to a new
Project without prior written notification of the Contractor to the Procurement Officer.
Unless this Contract specifically provides far the closing ro traffic of any local
road or highway while construction is in progress, such road or highway shall be kept
open to all traffic by ihe Contractoc 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 Ihe section of
road affected by the Project to be done under this Contract, and of constructing and
m�intaining such approaches, crossing, intersections and any necessary features without
direct compensation, except as otherwise provided.
The Contractor shall provide, erect and maintain all necessary bamcades, signs,
danger signals and lights to protect the Project and the safety of the public. The
Contractor's responsibility for necessary barricades, si�ms, and lights shall not cease until
the Project has been accepted.
L Shop Drawings and Samples.
1. After checking and verifying all field measurements and after complying
with applicable procedures specified in this Contract, the Contractor shall submit to the
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 wri[[en indication that the Contractor has
satisfied the Contractor's responsibilities under this Contract with respect to the revicw 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
quanti[ies, dimensions, specified performance and desigu 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 far review
and approval with such prompMess as [o cause no delay im Project, all samples required
by this Contract. All samples will have been checked by and accompanied by a specific
written indication that the Contractor has satisfied the Contractor's responsibilities under
this Contract with respect to the review of the submission and will be identified clearly as
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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 verifled all quantities, dimensions, specified performance criteria,
installation requirements, materials, catalog numbers and similar data with respect
thereto; and reviewed or coordinated each shop drawing or sample with other shop
drawings and samples and with the requirements of the Project and this Contract.
4. At the time of each submission, the Contractor shall givc 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 cause a specific
❑otation to be made on each shop drawing submitted to the Procurement Officer for
review and approval of each such variatioo.
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 bome by
Contractoc
V. Performance and Payment Bond.
A. Contractor shall fumish 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. § 38-26-105,
et seq. All Bonds shall be in the form acceptable to the County. All Bonds signed by an a�ent
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 [he.
requirements of paragraph A of this Section, Contractor shall within five (5) days thereafter
substimte another Bond and Surety, both of which must be acceptable to the County.
VI. Indemni .
A. Thc Contracmr agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected o�cials, tmstees, employees, agents, volunteers, and any
jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as
indemnitee, from all suits and clairns, iocluding attomey's fees aud cost of litigation, actions, loss,
damage, expense, cost or claims of any character or any nature arising out of the work done in
fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of [he Contractor to
conform to any statutes, ordinances, regulation, law or court decree. [t is agreed that the Contractor
will be responsible for primary loss investigation, defense and judgment costs where this contract of
indemniry applies: In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities,.
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successors, or assigns, ils elected officials, trustees, employecs, agents, and volunteers for losses '
arising fi�om the work perfonned by the Con[ractor for the County.
B. The Contractor further shall i�rvestigate, process, respond to, adjust, provide defense
for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and
shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is
groundless, false or fraudulent.
VIL Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any wananty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may arise
from or in connec[ion with the performance of[he work hereunder by the Contractor, its agen[s,
representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way
limit the indemnity covenants contained in this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to protect
the Contractor from liabilities tha[might arise out of the performance of tfie work under this
Contract by the Contractor, its agents, representatives, employees, or subcontractors. The
Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher
limits and/or broader coverages. The Contractor is not relieved of any liability or other
oblig�tions assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types.
A. Coverage and Limits of Insurance:
' Contractor shall provide coverage with limits of liabiliry�ot less than those stated below. An
umbrella and/or excess liability policy may be used to meet the minimum liability requirements
provided that the coverage is written on a "following form"basis.
1. Sta[utory Workers' Compensation: Colorado sta[utory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall no[apply when a contractor or
subcontractor is exempt under Colorado Workers' Compensation Act.,
AND when such contractor or subcontractor executes the appropriate
sole proprietor waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial.General Liability—[SO 1CG 0001 forrtt or equivalent
� (With Co�aity named additional insured)
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Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advenising Injury $ 1,OOQ000
Fire Damage(Any One Fire) $ 50;000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal/Advertising Injury
• Products/Completed Operations
• Liabili[y assumed under an Insured Contract(induding defense costs assumed
under contract)
• Independent Contractors
• Desig�ated Construction Projects(s) General Aggregate Limit, ISO CG 2503
(1997 Edition or equivalent)
• Addi[ional Insured—Owners, Lessees or ConVactors Endorsemen[, [SO Form
2010 (2004 Edition or equivaleut)
• Additional Insured—Owners, Lessees or Contractors Endorsemen[, [SO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities
performed by, or on behalf of the Contractor, including completed operations".
3. Auto Liability: Bodily injury and property damage for any owned, hired, and
non-owned vehicles used in the performance of this Contract
Minimum Limits:
Bodily Injury/Property Damage(Each Accident) $ 1,000,000
4. Special Coverages (check us approprinte nnd insert unvo�u�t):
� (7) Performance Bond $ 185,384.00
❑ 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
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❑ (7) Loss of Ose Insurance �
❑ (8) Pollution Liability
❑ (9) Crime, including Employee Dishonesty Coveragc, or Fidelity Bond
B. Proof of Insurance:
1. Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended, voided or
canceled except after thirty(30) days prior written notice has been given to the County,
except when cancellation is for non-payment oPpremium, then te� (10) days prior notice
may be given. Such notice shall be sent directly to (Counry Representative's Name&
Address). If[he insurance c<lrrier will not provide the required notice, the
ConsultandContractor and or its insurance broker shall notify the County of any
cancellation, or reduction in coverage or limits of any insurance within seven(7) days of
receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Co�tractor shall file with the
Procurement Officer a certified statement as to claims pending against the required
coverages, reserves established on account of such claims, defense costs expended and
amounts remaining on policy limits.
2. In addition, these Certificates of Insurance shall contain the following clauses:
a. The contractor's insurance shall be primary and non-contributory
with any insurance or self insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder
shall have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles or self insured retentions in the above-
described insurance policies shall be assumed by and be for the amount of,
and at the sole expense of the Contractor.
d. Location of operations shall be: "all operations and locations at
which work for the referenced Project is being done."
3. " Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifteen (l5)days prior to a policy s expira[ion date except
for any policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy
and any policy endorsement at any time during the term of this contract
VQL Exemations and Preferences.
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A. All purchases of construction or building or any othcr malerials for any Contracl
shall not include Fedcral 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-SK.
B. Pursuant to state statute and ro the extent permitted by law, Colorado labor shall
be employed to perform the Project to the extent of not less than eighty percent (80%) of each
type or class of labor employed on such project except for highway.construction, which is
subject to C.R.S. § 43-2-208, which provides that all laborers shall be fionn 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 PropeRy and Landscape.
l. 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 proper[y marks un[il [he 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 prosecu[ion of the Projec[, resulting from any act, omission,
neglect, or misconduct i� its inanner 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 direc[ or indirect damage or injury is done to public or
private propeRy by or on account of any act, omission, neglect, or misconduct by the
Contractor in the execution of the Project, or in consequence of the non-execution thereof
by the Contractor, it shall restore, at i[s own expense, such property to a condition similar
or equal to tha[ existing before such damage or injury was done, by repairing rebuilding,
or othenvise restoring as may be directed, or it shall make good such damage or injury in
an acceptable mannec
4. Materials storage, equipment parking, vehicle parking and stockpiling
excavated ma[erials shall be allowed only in those areas designated by the Procurement
Officer.
5. If the Convactor disturbs any of the landscape not called for removal, it
shall restore those areas as directed by the Procurement Officer at the Convactor's
expense.
B. Hazardous Materials '
1. The County shall not be responsible for the cost of and the removal or
cleanup of Hazardous Materials found in any materials brought to the Project site, after
the Project site is turned over to the Contractor.
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2. The Con[ractor 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. Countv Work at the Proiect Site.
A. The County may perform other work related to the Project a[ 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 o[her 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 [ha[ may be required to makc its several parts come together properly
and integrate with such other work. The Contractor shall not endanger any work of others by
cutting, excavating or otherwise altering their work and will only cut or alter their µ•ork with the
written consent of Procurement Officer and the others whose work will be affected. The duties
and responsibilities of Contractor under this paragraph are for the benefit of such utility owners
and other wntractors to the extent that there are comparable provisions for the benefit of the
Contractor in said direct contracts between the County and such utility ow�ers and other
contractors.
C. If any part of the Contractor's Project depends for proper executioo or results
upon the work of any such other co�tractor or utility owner (or the County), the Contractor shall
inspect and prompdy repori to the Procurement Officer in wriling any delays, defec[s or
deficiencies in such work that re�der it unavailable or unsuitable for such proper execution and
results. The Contractors failure to report such conditions will cons[i[ute an acceptance of the
other work as fit and proper for integration with the Contractor's Projec[ except for latent or non-
apparen[defects and deficiencies in the other work.
XI. Chanaes 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 perfomted hereunder.
1. 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.
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conditions, will not be co�sidered by the County as a change to the Projcct
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 cliange 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 provisious in this
Contract, which supports the Contracror change requesL If the Contractor
does not submit its itemized proposal within the time described above or
within such extensio�, which [he Procurement Officer, in his/her
discretion may have gran[ed in wri[ing it waives any claim- for an
adjustment in [he Contract price or Contract time arising out of the act or
event described in the Contract change request.
c. If a Contractor change reques[ 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.
XIL Warrantv and Guarantee; Tests and Ins�ections; Correction, Removal or Acceptance of
Defective Proiect Work.
A. Warranty.
, 1. The Contractor warrants and guarantees to the County that all Project work,
whether supplied, fumished, installed, provided, or -perfortned 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 wartant 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 [he 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 11 (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 fumished, installed,
provided, performed or supplied by Contractor, a subcontractor or supplier, to be free from
faulty.materials and workmanship and that each piece of equipment or any part thereof
incorporated into the Project or any subsystem shall conform to the aforementioned
warranty and guarantee provisions and be free from failure for a period of not less than One
Year from date of Final Payment. Landscaping replacement shall be wairanted for two (2)
growing seasons.
2. With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Project work performed and matenals furnished under the
Contract, the Contractor shalL
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a. Oblain all. warranties lhat would be given in normal commercial
practice. To the extent that the subcontractor's, maoufac[urer's, or suppliers,
stand�rd warranty exceeds the minimum County requirements as set forth in
this Section or .elsewhere in thi,s Contract, the subcontractor's,
manufacturer's, or suppliers 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 wananties for the benefit of the County, if directed by the.
Procurement Officec
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
B. Access to Projec[. 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. Tes[s and Inspections.
1. The Contractor shall cooperate with material testing persons and firms, and
for required inspections, and compliance and approval tests for the work performed by the
.Contractor or its subcontractor.
2. If any laws, ordinances, rules, regulations, code or order of any public body
having jurisdiction requires any Projec[ work (or part thereo� to specifically be inspected,
tes[ed or approved, the Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and fumish [he Procurement Officer the required ceRificates of
inspection, testing or approval. The Contractor shall also be responsible for and shall pay all
costs in coonection with any inspection or re-testing required in connection with the
Counry's or the Procurement Of6cer's acceptance of a supplier of materials or equipment
proposed [o be incotpora[ed in the Project, or of materials or equipment submitted for
approval prior to the Contractor's purchase thereof for incorporation in the ProjecL 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
Counry will conduct and pay for the conformance tests on materials i�stalled in-place, and
the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter.
3. All inspections, [ests 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
15
must be uncovered for observation. Such uncovering and testing when required by the
Procurement Officer shall be at the Contractor's expcnse.
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
[he 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 bee� rejected by the
Procurement Officer or the County, remove it from [he si[e and replace it wi[h non-defective Project
work. The Contractor shall bear all direc[, indirect and consequen[ial costs of such correction or
removal (including but not limited to fees and charges oP engineers, architects, attomeys and other
professionals) made necessary thereby.
E. Correction Period. If within one year (1) 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
[he terms of such instructions, or in an emergency where delay would cause serious risk of loss or
damage, the County may have the defective Project work correc[ed or the rejected Project work
removed and replaced, and all direct, indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of engineers, architects, attorneys and
o[her 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. Counry May Correct Defective Work If the ContracCOr fails within ten (10)
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 Projec[work in accordance with the Contract Documents, or
if the Contractor fails to comply wi[h any other provision of the Contract Documen[s, 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 wrrective 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 Co�tractor'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 agains[the Contractor, and a Change Order will
16
be issued by the County incorporating the necessary revisions in the Contracl price. Such direct,
indirect and consequential costs will include but not be limited to [ees and charges. of engincers,
architects, attorneys and other professionals, all court costs and all costs of repair and replacement
of work of others desvoyed or da�naged 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 Counry
of the County's rights and remedies hereunder.
X[IL Liquidated Damages. It is the County's intent to complete this project no later than 100
work days from the start date: Liquidated damages of One Hundred Fifty Dollars ($150.00)
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 prosecuCed regularly, diligently, and at such rate of progress as will ensure completion
within the time(s) specified. It is expressly unders[ood and agreed, by and between the Contractor
and the County, tha[ the time(s) for completion of the Project described hereiu are reasonable
time(s) for the completion of the Project, taki�g into consideration the average climatic conditions
prevailing in the locality of the Project.
B. Time is of the Essence to the Contract It is fixRher agreed that time is of the
essence in completing the Project, and that [he Project Work Schedule and all dates set forth therein
and where in this Contract, an additional tune is allowed for the completion of the Project, the new
time limit fixed by such extensio�shall be of the essence of the Con[ract
C. Liquidated Damages. Completion of the Project is of paramount importance to the
County. If any poRion of the Projec[ is no[ completed in accordance with any time extensions
granted by the County, the County will suffer damage, the extent of which will be impractical and
extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the
Contract, it is hereby agreed that the Contractor shall pay to the County the liquidated damage
amounts specified in the Contract. This particular provision shall not be construed as a penalty
upon said Contractor for failing fully to complete said Project as agreed in the Proposal and this
Contract nor is it intended, but as Liquidated Damages to compensate the County fo� all costs
incuned as a result of such breach of Contract.
D. Delays in Project Completion of Construction Phase. Subject to the terms of
'Bxcusable Delays", as con[ained in paragraph E of Ihis Section, the Contractor expressly agrees to
pay the County as a reasonable estimate of just compensation for damages contemplated with the
clause, [he amount set forth as liquidated damages for each consecutive calendar day Ihat
completion is delayed in the constniction of the Project.
E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party hereto
shall be rendered unable wholly or in part to carry out its obligations under this Contract then such
party shall give notice and full particulars of such Force Majeure in writing to the other paRy 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
17
continuance of tlie liability then claimed, but for no longer period, and any such party shall remove
or overcome such inability with all re�sonable dispa[ch. The [erm Force Majeure as employed
herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts oP public
enemy, orders of any kind of the Government of the United S[ates or the State of Cobrado or any
political subdivision, except the County, or any civil or military authority, insurrection, nots,
epidemics, landslides, lightning, earthquakes, fires, humcanes, storms, floods, washouts, droughts,
arrests, restraint of govemment and people, civil disturbances, explosions, breakage or accidents [o
machinery, pipelines, or canals, or other causes not reasonably withi� the control of the par[y
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 parfy or parties when
such settlement is unfavorable to it in the judgme�t 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 hereafrer enforceable a[
law, in equity, by statute,or under Contract.
XIV. Termination of Contract.
A. The County may tertninate this Contract upon the owurrence of any one or more of
the following events:
l. If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code (TiUe II, United States Code), as now or hereafter in effect, or if
Contractor takes any equivalent or similar action by filing a peti[ion or o[herwise under any
other federal or state law in effect at such time relating to the bankmptcy or insolvency;
2. [f a petition is filed against Contractor under any chapter of the Bankruptcy
Code as now or hereafter in effect at the tune of filing, or if a petition is filed seeking any
such equivalent or similar relief against Contrac[or under any other federal or state law in
effect at the[ime relatiog to bankruptcy or insolvency;
3. If the Contractor makes a general assignment for the benefit of creditors;
4. If a trustee, receiver, custodian or agen[ of Contractor is appointed under
applicable law or under Contract, whose appoin[ment or authority to take charge of property
of Contractor is for the purpose of enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit of Contractor's creditors;
5. If the Contractor persistently fails to perform the Project in accordance with
this Contract including but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the work schedule established in this
Contract;
6. If the Contractor disregards laws, ordinances, rules, regulations, or orders of
any public body having jurisdiction;
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B. Teiminatio� Prior to Expiration of Contract Term. The County has thc right to
lerminate this Contract, with or withou[ cause, by giving written notice to the Contractor of such
termination and specifying the effective datc thereo£ Such notice shall be given at leasl ten (10)
days before the effective date of such termination. In such event all finished or unfinished
documents, data, studies and reports prcpared by the Contrac[or pursuant to this Contract shall
become the County's property. Contractor shall be entitled to receive compensation in
accordance with the Co�tract for any satisfactory Project work completed pursuant to the terms
of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not
be relieved of liability to the County for damages sustained by the County by virtue of any
breach of the Contract by the Contractor.
XV. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that oP independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of
PiUcin County.
B. Contractor is not required to offer his services exclusively ro Pitkin County under
this contracL Con[ractor may choose to work for other individuals or entities during the [erm of
this contract, provided that the basic services and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence'in the performance of Contractor's obligations under this .
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation bene6ts through Pitkin
County and is responsible for payment of any Pederal, state, FICA and o[her income taxes.
F. The Contractor shall be required to complete and submit to the County, z Form W-9
Taxpayer ldentification Number Request.
XVL Computa[ion ofTime.
A. When any period of time is referred [o in [his Contract by days, it will be computed
to exclude the first and include the las[day of such period. If the las[day of any such period falls on
a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation.
B. All times stated in this Contract are of the essence.
XVII. Records and Cost Pricina Data.
19
A. The Contractor shall maintain in a safe place at the site one rccord copy of all
Drawings, Specifications, Addenda, Written Amendments, Ch�nge 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 Counry.
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 artides 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 perfortnance of this
Contract permit the authorized representatives of the County to similarly inspect and audit all data
and records of said subcontracto� 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 terntinated shall be made-available for three (3) years after any resulting final [ermination
payment.
D. Records pertaining to appeals.or to litigation or the settlement of claims arising
under or relating to the performance of this Contract shall be made available until disposition of
such appeals, litigation, or claims.
XVIIL 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 arbitra[ion. 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 Pilkin 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 provisiou of this Contract shall be severable.
D. Integration and Modification. This Contract represents the entire and integrated
Contract be[ween the County and the Contractor and supersedes all prior negotiations,
20
representations, or Conlract, eithcr wntten or oral. This Contract may be amended only by written
Contract signed by both the County and the Con[ractor.
E. Contract Made in Colorado. The p�rties 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. Attomey's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract including the arbitratio❑ described i❑ this section, the substantially
prevailing party shall be entided to its costs and reasonable attomey's fees.
G. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does nof waive the monetary limitations or terms or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, 24-10-1O1, 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 propeRy 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
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 Pi[kin County.
I. Notice. Any notice required by this Contract shall be deemed delivered through
either of the following: (1) hand delivery to the person at the address below or (2) by certified
first class mail, postage prepaid, return receipt requested addressed as follows:
1. Pitkin Countv with copies to:
Jack Wheeler, Facilities Project Manager Pitkin County Attomey's Office
485 Rio Grande Pl #]O1 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax (970) 920-5285 Fax: (970) 920-5198
2. To Contractor.
Kris Meyers
RA Nelson LLC
1000 Delores Way
Carbondale CO 81623
Fax 970-963-3179 �
21
J. Waiver. No waiver by either party of any ri�;ht, term or condition of this Contract
shall be deemed or construed as a waiver of any other right, tenn 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.
X[X. Contractor's Reoresentations.
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, localiry,.and with all local conditions and federal, state, and local laws,
ordinances, rules and regulations that i❑ any manner may affect cost, progress, or
performance of Project.
2. Contractor has carefully studied the site and has performed all necessary '
investigations, tests, and subsurface investigations to define the latent physical conditions
of the construction site affecting cost, progress, or performance of Project.
3. Co�tractor has cnade or caused to be made examinatio�s, investigatious,
and tests and studies of such reports and related data as it deems necessary for the
performance of Project at the Contract price, within the Contract time, and in accordance
with the other terms and conditions of this Contract; and no additional examinations,
investigations, tests, reports, or similar data are or will be required by Contractor for such
purposes.
4. Contractor has correlated the results of all such observations,
examina[ions, inves[igations, tests, reports and data with Ihe terms and conditions of this
Contract �
5. Contractor has given Procurement Officer written notice of all conflicts,
errors, or discrepancies that i[ has discovered in this Contract, and the written resolution
thereof by Procurement Officer is acceptable to Contractoc
6. By executing this Contract, [he 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 condi[ions which can be expected), and correlated its
observations with the requirements of this Con[ract.
7. The undersigned representative of Contractor represen[s tha[ it is an
authorized representative of ConVactor for the purposes of executing this Contract and
that it has full and comple[e au[hority to enter into this Contrac[on behalf of Contractor.
XX. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall constitute an original, but all of which shall constitute one and the same document.
22
XXI. Public Contracts for Services and Public Contracls with Natural Persons. In conformance
with the provisions ofC.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as
amended
PUBLIC CONTRACTS FOR 5ERVICES. CRS §8-17.5-]Ol. [Not App(icable to agreeneents
rela6ng to Ihe offer, issuance, or sale of securities, investment advisory services or fund
»eanagement services, sponsored projects, intergovernmental agreentents, or infnrmaNn�t
technoingy services nr products and services] Contrac[or certifies, warrants, and agrees tha[ it
does not knowingly employ or contract with an illegal alien who will perform work under this
contrac[ and will conftrm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this contract, through participation in
the E-Verify Program or the Department program established pursuant to CRS §8-17.5-
102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this contract or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor(a) shall not use E-Verify Program or Department
program procedures to undertake pre-employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency wi[hin
three days if Contractor has actual knowiedge that a subcontractor is employing or contracting
with an illegal alien for work under this contract, (c) shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and (d) shall comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor
and Employment. If Contractor participates in [he Department program, Contractor shall deliver
to the contracting State agency, Institution of Higher Education or political subdivision a writte�,
notarized affirmation, affirming that Contractor has examined the legal work status of such
employee, and shall comply with all of the other requirements of the Department program. If
Contrac[or fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,
the contracting State agency, i�stitution of higher educa[ion or political subdivision may
terminate this contract for breach and, if so terminated, Contrac[or shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a
natural person eighteen(18) years of age or older,hereby swears and affirms under penalty of
pequry that he or she(a) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced
one form of identification required by CRS §24-76.5-103 prior to the effective date o£this contract. �
ADDEIVDUM.
Attached Exhibit A Response to RFP dated May 9, 2013
IN WITNESS WHEREOF, the parties have executed tfiis Contract as of the date first set out
herein above.
23
CONTRACTOR
RA Nclson LLC
By: �/ �� �� �/, / .
Mr.�nyC�Ge�tr3 ice President
� /
Date
PITKIN COUNTY, COLORADO
. MANAGER AP
, (0 3—�
Jon P oc , ounty Manager Date
SECTION APPROV/L:
Cc�-3 —�3
Phylis attice, Asst. County Manager Date
RECOMMENDED FOR APPROVAL:
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Jo mith, Facilities Manager Date
S, 36 .2ci r 3
Ja heeler, Project Manager Date
24
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EXHIBIT A
Contrnct#352013 Rev.8.2G.1 1 jaa
Budge[Line Item t1 f 10.55.92855.82262
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PROPOSALFORM
Proposal Time: 2:00 PM MST
Proposal Date: May 2,2013
From: R.A. Nelson, LLC �
' 1000 Dolores Way Suite A
Carbondale, CO 81623
� Phone970-309-4749 Fax 970-963-3179 �
E-mailAddress: kmyers�ranelson.com
To: THE P[TK1N COL7NTY BOARD OF COLJNTY COMMISSIONERS
c/o lack Wheeler, Facilities Projec[Managcr
485 Rio Grande PL#101
Aspen, Colorado 81611
(970)920-5763 Fax(970) 920-5285
For. Piticin Coun[y Fleet Shop Remadel Project.
76 Service Ceuter Dr.Aspen CO 81611
Pursuant to a request by [he Pitkin County Commissioners, the undersigned Proposer having
examined this Request for Proposals (RFP), including the site of the proposed Project and
being familiar with conditions surrounding the conslmction of the proposed Project,
including the availability of materials and labor hereby proposed to furnish all labor,
materials, supplies, bonds, perrrtits, services and supervision required to perForm the Project
for[he project identified above and listed below and as detailed in this RFP for the sum oF.
The lump sum of bNE ry�dD�ZED ��_HTy F,�ETtio <p,NO Dollars($ g5 �0)
�CHREG NOft@0 E�yHYy CpvR —
The project wil(be compleled by August 15,2013.
Description:
(BREAKDOWN OP SPECIFICS FOR PROPOSALS)
. Pitkin Counry�acilities Management,4R5 Rio Grande Place,Unit 10L,Aspen,CO 8IG11
970')20-5763,970-920-5285 Fax or ei ai�: iack.�vheelerr co oitkin co ut
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Cart�act N85.2013 Rcv.S.?G.!1 jaa !
� Budget Line Item t/ 110.55.92Yi5.R2262 - �
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Statemeut and Detailed Approach to Project REFERENCe Tz�s z iN PROPOSAL
Proposed projecltimeline: REFEReHCe Tr,s e xN PROPOSAL
Proposed Payment Schedule:
Qualifications of Proposer:
Please insert names address, phone numbers and descriptio� of similar Project for Refcrence
Checks.
REFERENCE TABS 3 6 4 IN pROPOSAL
�.
'
3.
QUALIrICATIONS OF PERSONNEL
Please list assigned personnel and their quali6cations � _
� REFERENCE TABS 2 & 3 IN PROPOSAL
Qualifications:
Pi�kin County Facilities Management,48S Rio Grande Place, Unit 101,Aspen,CO 81 Gl1
970-920-5763,970-920-5285 Fax or emaiL• iack.mheelern.co.nitkin.co.us
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Co�m'act 0785.2013 . � Rc�c81GJ I jaa
Budget Line Item# 1 10.55,92855.82262 � � �
List of similar Yrojcct performed:
Reference Name, &Phone Number:
2.
Qualifica[ions:
List of similar Project perfortned:
Reference Name, &Phone Number:
3.
Qualifications
List of similar Project performed:
Reference Name, &Phone Number:
It is further understood that the right is reserved by the County to reject any and all proposals
and it is agreed thal Ihe proposals may not be withdrawn for a period of ten (10) days from
specified time for receiving proposals.
The Proposer acknowledges receipt of Addenda Nos: #85.2013A
The riglit is reserved tu waive any informalities and to reject any Proposal.
(TYPe/Print ntime under all si�naaires)
Pitkin County Facilities Management,485 Rio Grande Place,Unit 101,Aspen,CO 8161 I -
970-920-57G3,970•920-5285 Fax or email: i�ck.wheelernco.uitkin.co.us �
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Contrnct N35.2013 Rev.B:LG.I I jaa
Qudget I.ine Item t! I IO.Si92A55.82262
Dated this 9 d1y of .MaY , 2013
(Corporate seal) PROPOSER:
Bruce Gentry, Vice President
SIGNATURES: If [he proposal is being submitted by a Corporation, [he Proposer
should be signed by an officer, i.e. President or vice-presiden[. The signature of the officer
signing shall be attested to by the secretary a�d properly sealed. [f the proposal is being
submitted by an individual or a partnership, t(�e proposal shall so indicatc and be properly
signed.
(AUacli a Sepnrate Sheet fbr Suggested Cost Sa��ings Alternatives)
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' Pitkin County Facilities Management,485 2io Grande Place,Unit 101,Aspen,.CO 81G11 -
� 970A20-57G3,970-920-5285 Fax or email: ieck.wheeler(a�co.nitkin.co.ut
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. 6. LIST OF SUBCONTRACTORS (F)
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PITKIN COUNTY FLEET SHOP REMODEL PROJECT � CONTRACT#85.2013 - LIST OF SUB
SUBCONTRACTORS
L�st of Sub Con�ractors
STEEL
CUSTOM STRUCTURALSTEEL
970.625.034 5
GARAGE DOOR
BAILEYS GARAGE DOOR & MORE
970.948.1695
MECHANICAL
TJH HUEUR
970.379.2444
ELECTRICAL
LASSITER ELECTRIC
970.618.2080
POLYASPARTIC FLOOR COATING
CHEROKEE EPDXY
970.948.866 4
I': R,A.oN,E.LSQN
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7. SCHEDULE OF VALUES
�.�/� BUIl01NG MO�AIN RESOR�O�NiT�
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���. R.H..� E L.S �-I�Y May9, 2013 -
BUIIDINGMOUNIAIN 0.ESORT COMMUNITIES �
Pitkin County Fleet Shop Remodel
Cost Estimate Summ.ary
DESCRIPTION TOTAL�
Construction Cost
General Conditions � $19,675
Building Peimit $1,575
Div.2 Silework $8.160
Div.3 Concrete � $3,996
Div.5 Melals ' $6,133
� Div.6 Woods � � $14,000 �
Div.8 Doms 8 Wintlows ' $15,348
Div.9 Firishes $64,652
Div. 15 Mechanical $6,650
Div. i6 Electrical $15,500 . ,
SUBTOTAL � E155,689
5.00°/ Construction Corrtingency $7.784.45
SUBTOTAL 5763,473
1.57% General Liabiliry Insurence $2,567
SUBTOTAL E166,040 .
10.00% G.C.ConslructionFee $16,604
SUBTOTAL � E782.644
1.50% PeAormance&Payment Bond $2.740
� ESTIMATED CONSTRUCTION COST $185,384
� OTHER COST CONSIDERATIONS
Rubberized Trackways if Chained Equipment will be driving over New Flooring E10,200.00
. Use Tax Deposil NIC � �
Builders Risk Insuraice Policy NIC
Geolechnical&Materials Testing . By Owner
Architect and Consutlant Fees - By Owner
Structural Engineering Included as Allavance
' Mech Engineering 8y Owner
Elect Engineering Included as Allo.vance
- - Civil Engineering By Owner
Wetland&Environmental S�udies By Owner
NaNral Gas Fees By Owner
Holy Cross Eleclrical Primary Fees. By Owner
Misc.Fees By Owner .
Platting&Recordalion Fees By Owner
Lighling Design . By Owner
Intenor Design By Owner .
Landscape Design � By Owner
LEED ConSUltant and Fees(RANA has allowed adequate staffing/or LEED if desired) � By Owner
Building Permit arM Plan Check Fees By Owner �
Ambulance Dislrict Fees By bwner
Fire District Feg By Owner
Wild Fire Mitigation Fees - By Oomer
Road Impact Fees By Qwner
Snowmelt Fee N/A
Plan I Spec Printing and Reproduction Allowance By Owner
Testing and Inspections(Other than Bldg. Department) By Owner
DRB Compliance Deposit By Owner
Design Review Board Fees � � By Owner
Environmental Proteclion Agency Permits Not Mticipated .
Total Sak Costs Budget E10,200.00
33
R.a.rveiso� Standard Estimate Report vage t
Pifkin Counfy Fleef Servi 5/9/1013 11:39 AM
� Suecanvaa raai
LLem �escdpflan TakeoHOq. UnitCasl Amowt Name UnitCOSt 4mount
001-0000 GENERAL REQU/REMENTS .
001-JIIYO ACmIn.Requiremenlz '
01W PmIec15upernsion . -150 MO ].500.00IMO tB]W ].500.00IMO 18]50
� AtlMn.RequiremeNS . 19,]50 18]50
001-5000 TemporaryFacilitles �
5tW TemporaryPOVrerConsumplion 0.00 MO 0.00 0 ,
PvnM ROrieetl .
54p0 temporaryWaterCOnsump0on 000 MO 0.00 0
PvlINROWdM �
5Ap0 FIeI40fficeEquipmmtBSupplie5 2.50 MO 250.00IMO fi25 450.00IMO 625
550D TemporarySanl�eryFadlite5 0.00 MO 0.00 0
Qvnei Pmvidetl
Sfi00 Dumps�xCM1aryes 0.00 SF 0.00 0
PvnerProvieee '
SB40 TemporaryBartien85gns . t00 LS 300.00h5 300 3W.00IlS 300
Tempanry Facllllias 935 935
GENERAL REqUIREMENTS 19,675 19,675
00P-0000 S/TEWORK '
ooa�000 OemdWw6Hazma1
' H00 DemoWall�NeaGa�egeDOOr ' J200 HR 35.00IHR 1,120 35.00IHR . 1,120 -
1100 Demo�DOUGkDOOr 160p HR ]S.00IHR 56U J5.00IHR 560
H00 DemoCMUBIOCkWaII�GL8.6 92.00 HR 35.00IHR 1,120 95.00IHR 1,120
110p DemoGMU�GLB 64.40 HR 95.00IHR 2,2C0 95.ODIMR 2240
1100 NigleDemoBfteplacement J2.00 HR 35.00IHR 1,120 9500IHR 1,120
110p ManL111Ren�el 100 LS 2.OW.00ILS 2,000 2.OW.00ILS 2,000 ,
0¢mdiflon 8 Navnn 8,160 B,1fi0
. S/TEWORK 8,760 8,160
OOJ-0000 CONCRETE � � .
0031000 FwntlatlonFtgsBWalb
110p Cq�we�eBUNassRepair . . 1.00 LS 2.100.00ILS 2,100 2.100.00ILS 2.10p
P LaYwns 3 tlaySlnclWeS Conaete
FauntlallonFtgsBWalls , '3.IDU � . �d00
4USb00 E�tenaGOn[rtroSlaba �
3100 NewGaregeOoo�ApproeM5lab t]000 SF ].00ISF 89fi ].00ISF 896 �
ErtMOr Cmcrt�e Slabz 89fi 896
003b00 Cancrete Spclaltles '
06pp Cqmek CNUng 8 Palrl�irg t 0p LS 1.000.00 h5 1,000 1.00D.OD ILS 1.00�
Cwa<te Sce��ai0es �,000 . 1,000
CONCFETE . 3,996 3,996
OOS0000 METALS
oosla4o Strvdua�Sroe� �
1100 SWQUr015(eel 1.00 L$ 5.383.00 IL$ 5389 5.3fl100/LS 5,J4t
. Intlutl¢s CdumnS Beans,ReplacemenlAigk.Ga�MowingGlafez S�cps,61n9aY LaM
1100 PmN�aNew%Bmce � 1.00 LS ]SO.00 IL$ )50 ]50.W IL$ ]50
SVUCtunlSteel � 6.1JJ , � � fi,1ll
METALS 6,133 6,733
006-0000 WOODS . �
006fi000 GemralLabw
6100 Gene2lLebo� 40�.W HR 3500IHR 1J,000 35.00IHR 1d,0p0
IndWesGarie Ingatl.FYdepion,Oon b Habwae InSatl
Geneai�aoor � u,000 1d,W4
WOODS � 14,000 � 10,000 .
008-0000 DOORS AND W/NDOWS '
oaa:000 oaon �
22W ]'-0'.r-0'btMetalDOOr 1.00 e . 9)5.00/ea. 9�5 WSDOIea. WS �
220p 6.0'.x]-0'DLI.�tMelalWOr 1.00 ea. 1.600.p01ea. 1.fi00 1.600001ea. 1,600
� Doars 2,95 �I.STS
OU61000 Speclatty Doors .
3200 Garege0oors80perabrs L0p ea. t0.323.001ea. 10,32J 10.323.00lea. t0,323
IndWes RaymvTLJ001nsulatetl Steel Oao'lMiile w/6Oval SecmiryWintlows verticallik iiack
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R.A.Nelson Standard Estimate Report Page a
PitkinCounfyFleetServi ' S/9/1013H:39AM �
tt f Tolal
I�em O¢Stflp�lOn Tdk¢oHOh' UnitC05� Rmoun� Name UnilCos� /m0unt
SpltldRy DOOR tU,323 10,JD
0065000 `MnEOws "
, 5100 Rede�BmkmGlass 3.00 LS <pO.Op ILS 1,200 J00.0��LS 1,3p0
� mnaows i.soo i.zoo
oosiaaa FlnishHaMware
]t00 3'-V+T-O'EaLMelalOOOr 1.00 EA SOO.00IEA 500 500.00IFA 500
]tOD 6'-0'tiT-0'OW.FatMelalOOOr 1.00 EN ]SO.00IEA I50 ]50.00IEA ]50
FinlSh HirtlwaR 1,d50 1.3W
DOOHSANDW/NOOWS ' 15,308 75,308
009-0000 FINISHES
0046000 Flaaring
62W Floon�gFlexmarPdyaspaNCLOa4ng 1.00 LS 6E,G53.00ILS. fi4,65] fi4,652.00h5 64,652
IntlWesallCpxreleFborNeasantlPils. InclWestlixrxntlGn'ntlmga'ISUYacesanEMnyca'waranty SfaMa'JEOOryFbwwiN�fhWtlupwilhcertan�urJSUm�inlhe.MOp.
Flooring 61,65t fi0,653
. FINISHES 64,651 60,653
075-0000 MECHAN/CAL
OtS3000 FlreProtecllan
3tpp Re-bwre5pnnkixNeaOS�Crene t.00 LS t,300.00/LS t,300 � i,300.001L5 t.](10
Fin ProteNOn 1,I00 1,300
OliC000 PIUm0lnqanEHeaWg
4100 Re�bra�eAirPipeAllowance 100 LS 1.500.00ILS 1,500 1,500.00 h5 1,500
AXpvdnce
n100 RebtateOuUeLakrRcels 10D LS t.0pp.0p25 t.0pp 1,00O.00hS 1,000
PIUmEingantlHealhg R,500 - 3,500
O1S]000 AIrD1s41DWlon
i2(10 Movx Meaten fl InS�all ER1iau5t Fan 1.0p LS ],B50.00 IL5 t.850 ],BSO.00 ILS 2,850
Pir DISWENion 3,8W 2,850
MECHAN/CAL 6,650 6,650
076-0000 ELECTRILAL
0161000 EbcWCalRwq�BTnm
H00 EIecN�'elROUg�6Tnm 1.00 LS 10,9IS.00ILS 10.9]5 10.915.00ILS 10.9]5
11W Elepnral6SWdu2lErgirevirgAlbwarKe 100 AL 1,00O.00IAL 1,000 t.000.001AL ' 1.OW
Eiernicai B SvuGU�a�Fng'neaNg/�lawance
tt00 ElecNwlFUIVeAAOwance�6Ne.vFaNres) 6.00 EA 58).50IEA 3,525 59].SOIE4 3.515
� 6NewligMSperGenera�NUex Pa��NwnDa�siiv.etlinAdOeMuna�endgootlpaTnumbcrs.
Electtical Raug�8 Trim 15,SOU 15,500
ELECTRICAL 15,500 15,500
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8. CONSTRUCTION SCHEDULE
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May 3,2013 '
Pi[kin County
Courthouse Plaza
530 East Main St.,3`� Floor �
Aspen, CO 81611 �
Rc: R.A. Nelson, LLC
Project Pitkin County Fleet Shop Remodel Project
Dear Pitkin County:
We have worked with the owners of R.A. Nelsoq LLC. in regard to their surety bond program since 2004. We
understand R.A. Nelson wishes to be considered as general conhactor for the above referenced projec[and lhey have
requested we provide this reference letter for Ihat purpose. R.A. Nelson's bonds are underwritten by Berkley
Regional Insurance Company and issued Ihrough our office. Berkley Regional Insurance Company,who is admi[[ed
in Ihe State of Colorado, is rated"A+, X°by A.M. Best and is listed as an approved surety in the Department of
Treasury Circular 570.
Although no maximuin single or aggregate bonding limits have been established for R.A. Nelson LLC, Berkley
Regional Insurance Company will consider single contracts in the area of$25,000,000 with an aggregate bonding
capacity up to $40,000,000. If requested by R.A Nelson, Berkley Regional Insurance Company will consider bid,
100% performance and l00%payment bonds subject to the surety's favorable review of the contract tenns and
conditions, bond fortns,project financing as well as any other u�derwriting information needed at the time of the
bond requesL R.A. Nelsods financial sta[emen[retlec[s[he ability[o suppor[ [heir bond program including Ihe � �
above referenced projecL �
This letter is not an assumption of liability. Any arrangement for a bond is a matter between R.A. Nelson, LLC and
Berkley Regional Insuraoce Cmnpany, and neither the surety nor IMA assumes any liability to you, or to third
parties, if for any reason the surety does not execute said bonds.
R.A. Nelson enjoys an excellent reputation within the const�vction community for producing a quality product in a
timely and wst effective manner. If you have any questions you inay contact me at(303) 534-4567.
Sincerely,
�.- ��__.
Sue Wood
Surety Account Executive � . �
cc: R.A. Nelson, LLC.
Berkley Regional Insurance Company
IMA,Inc.
- 1550 17'^Street
Risk Management,Insurance,Surety � Suite 600
Dallas � Denver � KansasCity � Wichita Denver,CO80202
and Employee Benefits Phone:303-534-4567
� � www.imamrp.com
Protecting Assets.Making a Difference sm � Phone:800-873-0203
IMA,IncdbalMAlnsuranceServiceyCAOCFOH64R0 Fax:303-534-0600
�O .
�.^� �t01NG MO�afrv RESORT�CO.�NiY� �VTGS�
,. .. . . . .. . . .. . _ _ . . _ ._ . ._. . ....
. ..... . ..._. . _. _..... . .... ... . �
www.ranelson.com
`-f�
� �� R�o�'�r:,oNA�N RE�RSo�N�,N
P.O.Drawer 5400 � 51 Eagle Road#2 � Avon,CO 81620 � t 970.949.5152 � f 970.949.4379
www.ranelson.com
✓,�
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Client#:68957 8RANELSON
ACORD.M CERTIFICATE OF LIABILITY INSURANCE oATE,M"wo�,
5121/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPOR7ANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the poiicy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PROOUCER NAMEp T
Willis of Colorado,IfIG. PHONE 303 722-7776 a�,No; 303-722-8862
A/C No Ezt:
2000 South Colorado Boulevard E�AAIL
pooRESS:
TOWBfII�SUIt29OO� ' _ INSURER�S�AFFORDINGCOVERAGE NAIGp
Denver,CO 80222 ixsuaeRn:First Mercury Insurence Company � 10657
wsuneo wsunen e:Allianz Global Risk US 35300 �
R A Nelson &Assoc Inc 8 R A Nelson LLC iNSUaeac:Continental Casualty Company 20443
P.O.Drewer 5400 Pinnacol Assurance
INSURER�:
Avon,CO 81620-8162 ixsuRERE: RSUI Indemnity 22314
' INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICVPERIOD
INDICATED. NOTWITHSTANDING ANY RE�UIREMENT, TEftM OR CONDITIONOF ANV CONTR4CTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS.
INSft rypE OF INSURANCE ADOLSUBR� POLICY EFF POLICY EXP . �IMRS
LTR INSR WVO POLICYNUMBER MFVODInYY MM1VDO/YYYY
p cer+ean�uneaiTV - MACGL00000032030 �IO�IPO�3O�IO�IYO� �EpFC�tH�OCGTURRENCE $'IOOO�OOO
X COMMERCIALGENERALLIABILITV PREMISES�EaEoacurr�ence S�OOOOO
CLAIMS-MADE aOCCUR MEOE%P(Mywepersan) $rJ���
X BI/PDDed:5�000 PERSONALSADVINJURY S'I�OOO�OOO
GENERALAGGREGATE SZ�OOO�OOO
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG SZ�OOO�OOO
POLICV X jEa LOC S
(�` AUTOMOBILELIABWTY � SOBY�9OO7A �IO'IIYO'IS O�IO'IIYO'ISCOMBMEOSINGLELIMR ��OOO�OOO
Ea accitlent
X qNY AUTO � � BO�ILV INJURY(Par person) $
ALLOWNED SCHEDULEO BODILYINJURY(Peraccitlent) 8
AUTOS AUTOS
NON-0WNED ' ' PROPERTYOAMAGE y
X HIREDAUTOS X AUTOS ' Peraccitlan�
$
E �( UMBRELLl�LIAB J( OCCUR NHA231976 �IO'IIYO'IS O�IO'IIYO'I4EACNOCCU0.RENCE $$Q���QD
EXCESS LIAB CLAIMS-MADE AGGREGATE 5S OOO OOO
X DED RETENTIONS'IOOOO g
p WORKERSCOMPENSATION 4085343 �OIO'I�ZO�2 'IOIO'IIZO'I X WCSTATII- OTH-
AND EMPLOYERS'LIABI4TY -
ANV PROPRIEfORIPARTNERIEXECUTIVE r�N ' E.L.EACH ACCIDENT S'I OOO OOO
OFFlCEWMEMBEREXCLU�EpT � NIA
(MantlabrylnNH� E.L.OISEASE-EAEMPLOVEE $��OOOOOO
Ifyes,tlascnbeunJer ELOISEASE-POLICVLIMIT $����Q.���
OESCRIPTION OF OPERATIONS Delow
B Lease/Rent Equip MZI93037815 1/0112013 011011201 $250,000 Limit
Owned Equip � � 550,000 .
§1,000 Deductible
OESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 707,AEtlI[lonal Remarks Schetlule,if more epace Is requlreE)
RE: Pitkin County Fleet Services Re-model
CERTIFICATE HOLDER CANCELLATION
PIfI(Ifl COUfIt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN
Attn:Jack Wheeler ACCORDANLE WITH THE POLILV PROVISIONS.
485 Rio Grende Place,#101
Aspen,CO H'IG�'I AUTMORI2EDREPRESENTATIVE
Q�wn.c-Ue-►1� 'C mn.�Pbc.2Q
OO 7988-2010 ACORD CORPORATION.Ail rights reserved.
ACORD 25(2010/OS) 1 pf 1 The ACORD name and logo are registered marks of ACORD
#S1035842/M996696 . �� 8ALIN
3"�s�� �
==�A Document A312T"' - 2010
Performance Bond Bo�d�o.0,76303
CONTRACTOR: SURETY:
(Name, legal stams and addressJ (Name, legal status and pnncipal place
R.A. Nelson LLC ofbusinessJ . �
51 Eagle Road,Suite 2 � This tlocument hes impwtant legal
Avon,CO 8162D Berkley Regional Insurance Company
1120'I Douglas Avenue . consequences.Consultation with
OWNER: Urbandale, IA 50322 en ettomey is encoureged with
. respeM to its completion w
, (Name, legal status and address) modificatirn.
r
8oard of County Commissioners of Piikin County,Colorado My singular reference to
485 Rio Grande Place, Unit 101 � Contrecta,Surery, Owner a
Aspen,CO 8�611 Wher perty shell be considered
CONSTRUCTION CONTRACT p�ura�where app�iceble.
Date: May 28,2013 AIA Document A312-2010
canbines two separate bonds,a
Amount: One Hundred Eighty Five Thousantl Three Hundred Elghty Four antl 00/100 Dollars Perfwmence Bmd end a
� ($185,384.OD) - Peyment Bond,into one form.
DesCri hon: This is nd a single combined
P Pertormance and Payment Bond.
(Name and[oca6on) �
� Pitkin County Fleel Shop Remodel Project-Contracl No.85.2013 � �,
Pitkin County, Colorado _
BOND
� Date: June 4,2013 �
(Not earlier than Consm�ction Contract Date)
- �o��:One Hundred Eighty Five Thousand Three Hundred Eighty Four and 00/100 Dollars
- ($185,384.00)
Modifications to this Bond: �None ❑ See Section 16
CONTRACTORASPRINCIPAL SUREfY
Company: � (Corporate Seal) Company: (Corporate Seal)
R.A. Nelson LL � Berkley Regional Insu�ance Company
Siena[ure: Signature: . U' YvW �,,v{1
. Name ✓p-� GQx vN Name hilC ip J.t nasc� `
�. . and Tide: �,P, � -and TiUe: Attomey-in-Fact .
�, �A,ry¢ddifional signatures appear on the last page of this Performance BondJ
(FOR ItJFORMf1TIONONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATNE:
(Architect,Engitteer ar other party:J
IMA, Inc.
1550 17th Street, Suite 600 �
Denver,CO 80202 �
(303)534-4567 - .
Itllt. A�ADOCUmeMA312'^-T010.TheAmencenlnstituteofArchitects. osino '
�� �
§1 The Contractor and Surety,joinHy and severally,bind themselves,their heus,executors,adminisVators,successors
and assigns to the Owner fbr ihe performance of the Construction Contract,which is incorporated herein by reference.
§2If the Contractor performs the Co�struction Contract,ihe Surety and[he Contractor shall have no obligalion under
this Bond,except when applicable to puticfpate in a conference as provided in Section 3.
§3If there is no Owner Def'ault under the Construction Convact,the Surety's obligation imder Ihis Bond shall arise
after
.7 the Owner tirst provid0s nolice to the Contractnr and the Surety ihat the Owner is co�sidering declaring
a Contractor DefaulG Such no[ice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the ConRactor's performance.If the Owner does not
� request a conference,the Surety may,within five(5)business days aFter receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend. Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within[en
(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and[he
Surety agree,tlie Contractor shall be allowed a reasonable time to perfoan the Consuuction Con�act,
� but such an agreement shall not waive the Owner's right,if any,subsequenUy[o declare a Contractor
Default;
.2 the Owner declazes a ConVactor Default,terminates the Construcdon Contract and notiGes the Surety;
and
.3 the Owner has agreed to pay thc Balance of the Contract Price in accordance with the temis of the ,
- Construction Conhact to the Surety or to a contractor selected to perform the Constmction Contract.
§4 Failwe on the part of the Owner to comply with the notice requirement in Section 3.1 shal]not constitute a failure
to comply with a condition precedent to the Surery's obligatio�s,or release the Surery from i[s obligations,except to � .
. the extent the Surety demonstrates actual prejudice. ,
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 A�range for the Contractor,with the consent of the Owner,to perform and completz the Construction Contract;
§52 Undertake[o perform and complete the Construction Contract itself,through its agents or independent
confractors;
§5.3 Obtain bids or negotiated proposals from qualified coniractors acceptable to the Owner for a contract for
perforniance and completion of the Construction Contract,arrange for a con[ract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrenee,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of lhe Contractor Default or
§5.4 Waive its right to perform and complete, amange for wmpletion,or obtain a new contrac�r and with reasonable �
promptness under the circumstances:
.1 Af'ter inves[igatioq determine the amount for which[[may be liable[o the Owner and,as soon as
practicable after[he amoun[is detertnined,make payment[o the Owner;or .
2 Deny liability in whole or in part and notify the Owner,ciling the reasons for denial.
� §6 IC the Siaety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice&om the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety prweeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has deriled liability, in whole or in par[,without further notice the Qwner shall be entitled to enforce any
remedy available to the Owner.
IOIt. '4�ADOCUnerRA312""-2010.TheAmencenlnslituteofArthi[etts.
W� �-
§7If the Surety elecu to act under Section 5.1,52 or 53,then the responsibilities of the Surety to the Owner shall not
. be geater than lhose of the ConVactor under the Cons7uction Con[ract,and the responsibilities of the Owner to the
Siaety shall not be greater ihan those of the Owner under the Conshuction Contract. Subjecl to the commitmen[by the
Owner to pay the Balance of the Contract Price,[he Surety is obligated,without duplicaUOn, for
.1 the responsibilihes of the Contrac[or for correction of defective work and completion of the
Construction Contrac� ' •
.2 addihonal legal,design professional and delay costs resulting from the Cortractor's Default, and
resultut�from the actions or failure to act oF the Surety under Section 5;and
� . .3 liquidated damages,or if no]iquidated damages are specitied in the Construc[ion Contract,acmal
daznages caused by delayed perfoimance or non-perfoanance of the Contractor.
§B If the Surety elects to act under Section 5.1, 53 or 5.4,the Swety's liability is tunited to the amount of this Bond.
§9 The Surety shall not be liable m the Owner or others for obligetions of the Contractor tha[are unrelated to the
Construction Contract,ar�d the Balance of[he Contrac[Price shall not be reduced or set oft�on accoun[of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors, administrators,successors and assigns. �
§10 The Surety hereby waives notice of any change, including changes of time,to the Construc[ion Conh act or to
related subcontracts,purchase orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competentjurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years aRer a declaration
of Contractor Default or within two years afrer the Contractor ceased working or within two years after the Surery
refuses or fails to perfam iL�obligations under this Bond,whichever occurs first.If the provisions of this Paragaph
are void or prohibited by law,the mirumum period of lun itation available to sure[ies as a defense in the junsdiction of
the suit shall be appGcable.
§12 Notice to the Swery,the Ov,mer or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§131Uhen this Bond has been Curnished[o comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicling with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conformmg[o such slaNtory or other legal requirement shall be
deemed incorporated herein.When so fumished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price. The tota]amount payable by the Owner to the Contractor under the Construction
Contract atter all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in serilement of insurance or other claims for damages to which the Conrractor is
entilled,reduced by all valid and proper payments made to or on behalf oY the Contractor�under the Construction
Contract.
§142 ConstruCtlon Contraet.The agrezmen[be[ween the Owner and Contractor iden[ified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Con7actor,which has not been remedied or waived,to perform or othenvise to
comply wi[h a material tean of the Construction Conlract.
§14.4 ONmer Defeult.Failure of the Owner,which has not been remedied or waived,to pay the ConVactor as required
under the Construction Contract or ro petfomi snd completz or comply with the other m ateria]terms of the
Construction Contract.
,§14.5 Cont�act Documents.All[he documenLS that comprise ihe agreemen[between the Owner and Confractor.
§15If this Bond is issued Cor an agreement between a Convactor and subcon[ractor,the term ConTractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
I�It. A�ADOCUnerrtA312TM-2010.TheAmericenlnstituteo(lvchitects.
{� �
/
§16 ModiGcations to this bond are as follows:
(Space is provided below for ada4'banal signatures of added parties, other than d�ose appearing on die coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporote Seal) Company: (Corporate Sea1J
Signature: N�A Signature: N/A �
Name and Title: Name and Tide:
Address Address
CAUTION:You should sign an odginal AIA Conlract Document,on which this tazt appears In RED.An original assuras that -
changes will not 6e obscured. �
��+� AIADOtumeNA312'"'-2010.TheAmericanlnst@uteofArchkects.
�� '�
r
�ti� �
��AI Documen"t A312TM - 2010
Payment Bond sona No.o,�ssos
CONTRACTOR: SURETY:
(Name;legal sta[us and address) (Name, legal status and principal place -
R.A. Nelson LLC ofbusiness) .
51 Eagle Roatl, Suite 2 . � � This document has important legel
Avon,CO 51620 Berkley Regional Insurence Company crosequences.Cmsultetion with
1�201 Douglas Avenue
OWNER: Urbandale, IA 50322 en ettcmey is encoureged wifh
respect to its completion a
(Name, legal status and addressJ modification.
Board of County Commissioners of Pitkin County,Colorado My singular reterence to
485 Rio Grende Place, Unit 701 Contredor,Surery,Owner or
Aspen,CO 81611 Uher paAy shell be consideretl �
CONSTRUCTION CONTRACT plurel where appliceble.
Date: May 28,2013 AIA Document A312-2010
combines two separate bonds,e
� Amount:One Hundred Eighty Five Thousand Three Hundred Eighty.Four and 00i100 Dollars Pertortnance Bmd and a
($185,384.OD) Peyment Bontl,into one fortn.
Descri tion: This is not a single cwnbined
P Performance and Payment Bond.
(Name and location) .
Pitkin County Fleel Shop Remodel Project-Contract No. 65.2013
Pitkin County, Colorado
BOND
Date: June 4,2013 . �
(Not earlier than Consducfion ConVact DateJ
Amount:One Hundred Eighty Five Thousand Three Hundred Eighry Four and 00/100 Dollars
($185,384.00) _ � ,
Modifications to this Bond: �None ❑ See Section 18
CONTRACTORASPRINCIPAL SURETY
Company: - (Corpora Seal) Company: (CorporateSeal)
R.A.Nelson LLC Berkley Regional Insurance Company �
Signa[ure: Signatu[e: � �
� Name �v�G'B ✓r Natue ilip J. M asch, �
and Tide: (� , P . and Title: Attorney-in-Fact
� - (Rny addih'onal signatvres appeor on�e last page of this Payment BondJ
(FORIIJFORA�L4TIONOM,Y—Name, addressandtelephone)
AGENT or BROKER: OWNER'S REPRESENTATNE:
� (Architec; Engineer or other parly:J
IMA, Inc.
1550 77th Street,Suite 600 � �
Denver,CO 80202 -
� (303)534-4567
Init A�ADOC�une'rtA712*"-2010.ThaAmericanlnstiluleo(Nchitecls. - osino
y9 �
§1 The Contracmr and Surety,join[ly and severally,bindthemselves,their heirs,executors,administrators,successors
and assigns to the Owner to pay for labor,materials and equipment fi�mished for use in lhe performance of the
Construction Conlract,w}uch is incoipora[ed herein by reference,subject to the following terms.
§2If the Contractor promptly makes payment oY all sums due to Claimants,and def8nds, indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,meterials
or equipment fiunished for use in the performance of the Construc[ion Contract,then the Surery and the Contractor
shall have no obligation under this Bond.
§3If there is no Owner Default under the Construction Contract,the Surety's obligation[o[he Ownzr imder this Bond
shall arise aRer the Owner has promptly notified the Contractor and the Swety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment fiunished for use in the performance of the Consh-uction Contract and tendered
defense of such claims,demands, liens or suiu to the Conffactor and the Surery.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,iridemnify and hold hazmless the Owner agains[a duly tendered claim,dzmand, lien or suit
§5 The Surety's obligations to a Claimar�t under t}ils Bond shall arise after the following:
§5.7 Claimants,who do not have a d'uect contract with the Contractor,
.1 have fiunished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment u�as, fumished or
supplied or for�vhom the labor was done or perFormed,within nir�ery(90)days after having last
perfoimed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have senl a Claun to the Surety(at _
the address described in Section 13).
§6If a notice of non-paymzn[required by Sec[ion 5.1.1 is givzn by the Qwner to the Contractor,that is sufficient[o
satisfy a Claimant's obligation to fumish a written notice of non-payment ur�der Section 5.1.1.
' §7 When a Claiman[has satisfied the conditions oF Sections 5.1 or 52,whichever is appGcable,ihe Surety shall
promptly and at the Surety's expense lake[he following aclions:
§7.1 Send an answer to ihe Claimant,with a copy to Ihe Owner,within sucry(60)days after receipt of Lhe Claim,
stating the amounts that aze undisputed and the basis for challenging any amounts that are disputed;and
§72 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surery's failure to discharge its obligations under Section 7.1 or Section 72 shall not be deemed to �
constitute�a waiver of deCenses the Surety or Contractor may have or acquire as tn a Claim,except as to undisputed �
amounts for which the Surety and Claunant have reached agreemenL If,however,the Surely fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attomey's
fees the Claimant incurs Jhereafter to recover any,sums found to be due and owing to the Claunant.
§6 The Surety's[otal obligation shall not exceed the amount of[his Bonc�plus the amount of reasonable attomey's
fees provided under Section 73, and the amount of'this Bond shall be credi[ed for any payments made in good failh
by the Swery.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the pedorntance .
of the Consffuction Contract and to satisfy claims, if any,under a�y construction perfoanance bond.By the
Contrac[or fumishing and the Owner accepting[his Bond,they agree that all fimds eamed by the Conhactor in the
performance of the Construclion Contract are dedicafed to satisfy obligations of the Contractor ar�d Surety under lhis
Bond,subject to the Owner's priority to use the fimds for the completion of the work.
Init. AIA Doc�+netrt A3�2TM—20f0.TheAmencen Institute otArchitects.
�� �
! '
� §10 The Surety shall not Ue liable to the Owner,Claimanis or others for obligations of the Contractor that aze
unrelated[o the Construction Con[ract. The Owner shall not be liable for the payment of any costs or expenses oY'any
Claunant:under this Bond,and shall have under thSs Bond no obligation to make payments tq or give notice on behalf�
of;Claimants or otherwSse have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change, including changes of time,to the Constmction Contract or to
related subcontracts,purchase orders and other obligations.
§72 No suit or action shall be commenced by a Claunant under Ihis Bond other than in a cowt of competent
jurisdic[ion in tha state in which the project that is ihe subject of the Corvs[ruction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Swety pursuant to
Section 5.1.2 or 5.2,or(2)on which the [ast labor or service was perfornied by anyone or the lasi materials or
equipment were furnished by anyone under the Construction Conhact,whichever of Q)or(2)£ust occurs.If the
provisions of this Paragraph aze void or prohibited by law,the minimtun period of limitation available to sureUes as a
defense in the jwisdicUon of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signafnre appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the dace received.
§741Vhen this Bond�has been fumished to comply with a s[atutory or other legal requirement in[he]ocation where
the construction was to be perfoaned, any provision in t}ils Bond conflicting with said statu[ory ar legal requirement
shall be deemed deleted herefrom and provisions conforming io such staNtory or other]ega]zequirement shall be
deemed incoiporated herein. When so fiunished,the intent is that�his$ond shall be construed as a statutory bond and
not as a common[aw bond.
§15 Upon reques[by any person or entity appearing to be a potential beneficiary of this Bond,the Con[ractor and
Owner shall promptly fumish a copy of this Bond or shall pemiit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment fumished;
.3 a copy of the agreement or pwchase order pwsuan[to which labor, materials or equipment was
fumished tbr use in the perfomiance of[he Construction Contrac[; �
.4 a brief description of ihe labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last fwnished matenals or equipment for use in
the perfomiance of the Cons[ruction Contract; �
.6 the total amount eamed by the Claimant for labor,materials or equipment furnished as of the date of
the Claun; �
7� the total amount of previous payments received by[he Claunant;and
.8 the total amount due and unpa{d to the Claimant for labor,materials or equipment fumished as of the
date of Lhe Claun. •
§16.2 Claimant.M individual or entity having a d'uect contract with the Contractor or wi[h a subcontractor of the "
Con[ractor[o furnish labor,materials or equipment for use in the performance of the ConsWction Contract. The term
Claunant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similaz statute against the real property upon which the Projec[is loeated.The intent of t}ns Bond shal]be to -
include without]unitzuon in the terms"labor,materials or equipmenY'that pazt of'water,gas,power,light,heat,oil, -
gasoline,telephone service or rental equipment used in the Construction Contract, architectural and engineering
services required for perfortnance of ihe work of the ContracWr and the Contractoc's subcontractors,and all other
rtems for which a mechanic's lien may be asserted in thejunsdicUon where the labor,matenals or equipment were
fwnished.
§16.3 Construction Contraet.The agreement between the Owner arid Contractor iden[ified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
INt. A�A DotumeM A372'M—2010.iheAmeri<an Msldute oiNchdects. . .
� 7
� §16.4 Owne�Detault.Failure of the Owner,which has not been remedied or waived,[o pay the Conlractor as required
under the Cons[ruction Contract or to perform and complete or comply with the other material terms of the
Construction Conhact.
§16.5 Contratt Documents.All the documents that comprise the agreement beriveen the Owner and Contractor. - . ��
§17If this Bond is issued tbr an agreement between a Contractor and subcontractor,the tevn Contractor in this Bond �
shal!be deemed to be Subcontractor and[he[erm Owner shall be deemed to be Contractor.
§16 Moditications to[his bond are as f'ollows: �
(Space is provided below foradchfianal signatures of added parties, oU�er than ihose appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corpo�ate Seal) Company: (Corporate Seal)
Signature: N�A Signature: N�A
Name and Title: Name and TiUe:
Address Address
CAUTION:You should slgn an oAginal AIA Conlract Document,on whlch thls lezt appears In RED.An orlginal assures that
changes wlll not be obscured, ,
IOIL AIA Dactmterrt A312TM-2010.iheAmencan Msfdute olArehBects.. / .
J � �
!
No.7724d
� � POWER OF ATTORNEY
BERKLEY REGIONAI;INSURANCE COMPANY
WiLMINGTON,DELAWARE
NOTICE: The waming found elsewhere in this Power of Attomey affects the validity thereo£ Please review cazefully:
� KNOW ALL MEN•BY THESE PRESENTS, that SERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a
� corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, lowa,
p has made,constituted a�d appointed,and does by these presenu make,constitute and appoint:S/iery!/Slmw,Nicole L. McCollam,
roSue Wood, Brad[ey J. Jefjress, Kristen L. McGormick, Snra/: Finn, Robert L. Cohen, Robert J. Reiter, Michnel Lischer, Jr.,
;; Philip J. Monasdi or Jessica Ta[bo1 of IMA,li:c. of Denver, CO iu true and lawful Attorney-in-Fact, to si�� iu name as surety
°? only as delineated below and to execute, sea1, acknowledge and de]iver any and all bonds and undertakings, with the ezception of
h � Financial Guaranty Inswance, providing that no single obligation shall exceed Fifty .Million and 00/]00 U.S. Dollars
� ,� (U.S.$SQ000,000.00), to the same exYent as if such bonds had bee� duly executed and acknowledged by the regularly elected
� � offioers'of the Company at its principal office in their own proper persons. . ,
:.. .o _
�' C This Power oF Attome shall be construed and enforced in accordance with, and ovemed b the ]aws of the State of Delawaze,
.o „ Y B Y>
� � without giving effect to the principles of conflicts of laws thereo£ This Power of Attomey is granted pursuant to the following
_ � resolutions which were duly and validly adopted at a meeting of the Boazd of Directors of the Company held on August 21;2000:
a�i - � - � - - � .
E � "RESOLVED, that the proper o�cers of the Company are hereby authorized to execute powers of attorney authorizing and
� � qualifying the attorney-in-fact namad therein to execute bonds, undertakings, recognizances, or other sureryship obligations
o � on behatf of the Company, and to afGx the corporate seal of the Company to powers of attomey executed pu'rsuant hereto;
; ° and further .
o o RESOLVED, that such power of attomey ]imiu the accs of those named tE�erein to the bonds, undertakin�s, reco�nizances,
°' � ' or other sureryship obligations specifically named therein, and they have no,authority to bind the Company except in the
F � manner and to the extent therein stated; and further
,� � RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and
� further
.. b
L A RESOLVED, that the signature of any authorized officer and the seal of the Company,may be affixed by Facsimile to any
� � .power of attomey or.certification thereof authorizin�the execution and delivery of any bond, undertakin„ recognizance, or
°' q ocher suretyship obtigation of the Company;and such sia ature and seal when so used shalt have the same force and effect as
� 3 though inanually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
� C person orpersons who shall have been such officer or officers of the Company, notwithstandin�the fact that they may have
oa ceased to be such at the time when such instruments shall be issued."
° '� IN WITNESS WHEREOF, the Com an has caused these resents to be si�ned and attested b its a
� �o P Y p � y � ppropriate officers and its
w o corporate seal hereunto affixed this J � day of /�'�-�-�n�c-�., ,2013.
o � .
o � Attest: Berkley Regional Insurance Company
� � ���:
i � (Seal? By gy �k.� .
�+ E� � Ira S.Ledennan " ' J I. after
� � Senior Vice President& Secretary S � e President
� ti
� WAI2NLNG: THIS POWER INVALID IF NOT PRINTED ON BLUE `BERKLEY"SECURITY PAPER.
�
o v STATE OF CONNECTICUT)
N
a.� .� � SS: . � .
v o COUNTY-0F FAIRI'IELD )
N
o �° Sworn to before me, a Notary Public in the State of Connecticut, this /1 day of �Lw��� ,2013, by Jeffrey M. Hafter and
� ,x°'_, Ira S.Lederman who are sworn to me to be the Senior Vice President, ac�d the Senior Vice President and Secretary,respectively,of
� m Berl:tey Regional Insurance Company. � � " � �
� �
C � cIL��N K:LLE�N �—�.� f'�-e:.P�`-,�,�.
� o ����7,�r� ��E+rn,resi:�rcorconsv�cttcuT NotaryPublie, StateofConnectieut
i �— fvi4'CUMfNI5510NeXPIRESJUNE30.ZDV - � . - .
� �a CERTIFICATE
� <c I, the undersigned, Assistan+ Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the
� � foregoing is a true, correci and complete copy of the original'Power of Attomey; that said Power of Attomey has not been revoked
3 �, or rescinded and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this '_
'Y Power of Attomey is attached, is in full force and effect as of this date.
Given un�!er my hand and seal of the Company,this 4th day of ���'z .
(Seal) �
�✓Z .T a
Instructions for Inquiries and Notices Under the Bond Attached to This Power
Berkley Surety Group, LLC is the affiliated underwriting manager for the surety business of: Acadia lnsurance
Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance
Company, Union Standard [nsurance Company, Confinental Western Insurance Company, and Union
Insurance Company.
To verify the authenticity of the bond, please call (866) 765-3534 or email BSG[nquiry@berkteysurety.com
Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached
should be directed to:
Berkley Surety Group, LLC
412 Mount Kemble Avenue
Saite 3lON
Morristown,NJ 07960
. Attention: Surety Claims Department
Or
email BSGCIaim@berkleysurety.com
i
Please include with all notices the bond number and the name of the principal on the bond. Where a claim is
being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond,
please identify the project to which the bond pertains.
53 '