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Home My WebLink Aboutbocc.con.060.2015Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 60.2014 ORIGINATING DEPARTMENT: Facilities Management PROCUREMENT OFFICER: Jodi Smith PHONE #: 5396 PROJECT NAME: Pitkin County Library Roof CONTRACTOR: FCI Constructors DOLLAR AMOUNT: $0.00 LINE ITEM # 166.63.92863.86200 CONTRACT EXECUTION DATE: 5/10/2014 CONTRACT END DATE: Upon Completion AUTOMATIC RENEWAL: ❑ YES ®NO TERM: ❑ BOCC AGENDA ITEM (Grants, IGA) ® STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ❑ OVER $50,000 (Requires Section Leader & County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ® None ❑ Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ❑ 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% or $25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all 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 ✓❑ All Legal Descriptions attached (if applicable) ✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (if applicable) ✓ ® All Dates Filled In ✓® Warranty (if applicable) ✓ ® Special Instructions for Finance Department: Archive Warranty Only ✓ ® Authorized Procurement Officer's Name: Jodi Smith, Facilities Superintendent BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! Signature Signed Date Prolog Manager Printed on: 3/3/2015 FCI PM Data Page 1 FC I Transmittal Cover Sheet Constructors. Inc. Detailed, Grouped by Each Transmittal Number Pitkin County Library Expansion Project # 10-14-023 FCI Constructors, Inc. - GJ 120 North Mill Street, Aspen, CO 81611 Tel: tbd Fax: 970-434-7583 Date: 3/3/2015 Reference Number: 0019 Transmitted To Transmitted By Jodi Smith Mary Hussman Pitkin County FCI Constructors, Inc. - GJ 485 Rio Grande Place #101 P. 0. Box 1767 Aspen, CO 81611 Grand Junction, CO 81502 Tel: 970134-9093 Fax: 970-4347583 Tel: 970-920-5396 Fax: ❑ Acknowledgement Required Package Transmitted For Delivered Via Tracking Number Information UPS Warranty Item # Qty Item Ref. Description Notes 0001 1.00 copy Hurst Roofing 5 Year Warranty/Guarantee 0002 1.00 copy Hurst Roofing Amendment to 5 Year Warranty/Guarantee Cc: Company Name Contact Name Copies Telephone Fax Remarks Signature Signed Date Prolog Manager Printed on: 3/3/2015 FCI PM Data Page 1 flLE 01 HURST ROOFING FIVE (5) YEAR WARRANTY/GUARANTEE WHEREAS, Hurst Roofing (hereinafter referred to as HR) has sold Its products and applications which have been used in applying a Roof System on the building described as follows: OWNER: Pitkin County, Colorado ADDRESS OF BUILDING: 120 North Mill St., Aspen, CO BUILDING USE: Pitkin County Library AREA(S) OF ROOF: 5,858 Scir. Ft. SYSTEM APPLIED: Mulehide 60 mil Adhered TPO HURST ROOFING hereby warrants the Roof System installed at the above subject property (project), subject to the following terms, conditions, limitations and exclusions, for a period of FIVE (5) YEARS from the date of substantial completion of the Roof System installed. We hereby Guarantee and Warranty the workmanship and/or materials provided and/or installed by HR under the terms of the contract issued by Contractor and/or Owner. We Warrant and Guarantee that all materials and workmanship finished and incorporated in the work are as specified in the contract documents. We further Guarantee to remedy or correct, at our sole cost and expense any defect, damage or consequential damage resulting from contractors defective workmanship, or materials for the term of Guarantee/Warranty stated above. EXCLUSIONS FROM COVERAGE HR shall not be liable for leaks, damage or injury of any type, including, but not limited to, damage to roof membrane, insulation, roof decks or other bases over which Roof System is applied, attributable to any of the following: 1. Damage caused directly or indirectly by natural disasters, winds exceeding Force 9 on the Beaufort scale, lightning, earthquakes, flood, hail or fire. 2. Physical damage resulting from failing objects, maintenance work, or vandalism. 3. Damage resulting from settlement, deflection or other movement of the roof deck, walls, foundations or any other part of the building structure. 4. Damage to, or failure of, the roof system caused or contributed to by: A) Infiltrating or condensation of moisture in, through or around the walls, building structure or underlying or surrounding materials; or B) Traffic of any nature or use of the roof surface as a storage area, walking or recreational surface, or for any other similar purpose; or C) Movement or deterioration of other building components connected to, or in conjunction with the Roof System; or D) Building design or construction. 0 HURST ROOFING - WARRANTY/GUARANTEE -CONT- PAGE (2) S. Failure to follow the manufacturer roof maintenance program. 6. Any failure of non -approved roofing material of any kind or nature. UNAPPROVED REPAIRS, ALTERATIONS, ADDITIONS OR DELETIONS All repairs, alterations, deletions or additions to any aspect of the roof system, or any material contiguous thereto, must have prior written approval of HR and/or system manufacturer Warranty Services Department. In the event the Owner or Owners agent, without having first obtained the written consent of HR, shall make or permit any repairs, alterations, deletions or additions to the Roof System, then any obligations, duties or liabilities of HR under this Warranty/Guarantee shall be immediately terminated. HR agrees to respond promptly and in a reasonable manner whenever Its consent to repairs, alterations or deletions Is requested in writing. CONDITION PERTAINING TO WARRANTY/GUARANTEE ISSUANCE This Warranty/Guarantee shall become effective upon payment in full of all bills or statements for installation and supplies utilized in constructing the Roof System at the property noted above. All disputed claims or other disputes that may occur between the Owner, Owners Agent, Contractor and/or HR arising out of or relating to or in connection with this limited Warranty/Guarantee shall be submitted to and decided by arbitration in accordance with the Construction Industry Arbitration Association Rules then in effect, unless the parties mutually agree otherwise. The award rendered by the arbitrator shall be final and judgment may be entered upon such award in accordance with applicable law in any court having jurisdiction thereof. HR does not practice engineering or architecture. Therefore, HR cannot and does not warrant any review or issuance of construction or design plans by Owner and/or Owners Agent. Neither the issuance of this Warranty/Guarantee nor any review of the buildings construction or any inspection of the Roof System or roof plans (or of the building's roof deck) by HR representatives shall constitute an approval of such plans, specifications or construction or in any way constitute an expansion of the terms and conditions of this Warranty/Guarantee. Any roof inspections made by HR or its authorized agent(s) are for the sole benefit of HR _Owner/Dec. 04, 2014 \ Howard urst / urst ng Title Date /J HURST ROOFING HURSTROOFING@110TMAIL.COM & CONSTRUCT/ON CO. 703 Nugget Drive • Fruita, Colorado 81521 (970) 250-8384 • (970) 858-5161 Fax February 20, 2015 TO WHOM IT MAY CONCERN: AMENDMENT. TO` /HURST ROOFING FIVE (5) YEAR WARRANTY/GUARANTEE AS ISSUED ON DECEMBER 04, 2014, to: PITKIN COUNTY, CO., re: 120 N. Mill St., Aspen, CO RECITALS A - Hurst Roofing (subcontractor) issued a Five (5) Year Warranty/Guarantee to Owner on December 04, 2014. B - The parties desire to AMEND the Warranty/Guarantee. NOW THEREFORE, in consideration of request(s) made by and through FCI Constructors, Inc. (owners agent), Hurst roofing agrees to AMEND their Warranty/Guarantee, as follows; C - HURST ROOFING - WARRANTY/GUARANTEE PAGE (2) (article) UNAPPROVED REPAIRS, ALTERATIONS, ADDITIONS OR DELETIONS Add the following clarifications - I) All reference to 'Prior Written Approval' of HR (Hurst Roofing), shall henceforth be deleted, as not required on this project by the Owner, or Owners Agent. Amend with the following - 2) Hurst Roofing (HR) shall be 'NOTIFIED' in writing of any and all repairs, alterations, deletions or additions to any aspect of the Roof System applied by HR, or any material contiguous thereto. Further, such notification shall include the location of and the extent of any repairs, alterations, deletions or additions to any aspect of the completed Roof System, or material contiguous thereto. 3) HR shall utilize the aforementioned information to track activities in connection with the Warranty/Guarantee issued by, and maintained by HR. 4) This aspect of Warranty/Guarantee compliance shall, in no way, hinder the Owner, or Owners Agent from utilizing the resources of any Qualified Contractor of their choice to perform any work that may alter the finished roof system. D - (article) CONDITION PERTAINING TO WARRANTY/GUARANTEE ISSUANCE Add the following clarification 1) The Owner may join any other party in the Arbitration proceedings that the Owner determines is necessary to reach a complete adjudication of all Disputes arising under the terms of the Contract, and/or Disputes arising under the terms of any other agreement or contract entered into between the Owner and any other party performing work on the Project, so long as such other Disputes arise out of the same core of operative facts; 2) All Dispute(s) not resolved by arbitration pursuant to the terms of the Warranty/Guarantee previously issued, will be resolved by LITIGATION in any court located in the state where the project is located, AMENDMENT TO / HURST ROOFING FIVE (5) YEAR WARRANTY/GUARANTEE -cont: Page -2- February 20, 2015 utilizing such state's laws, after compliance with standard terms of the Warranty/Guarantee, as issued; and 3) The failure of either, the Contractor (HR), the Owner, or Owners Agent to comply with the provisions of any portion of the issued Warranty/Guarantee, or Amendment thereto, shall be in contravention of the parties expressed intention to implement this alternative means of Dispute Resolution and shall constitute a breach of the provisions therein. The Contractor (HR), the Owner, and the Owners Agent expressly stipulate that any court having jurisdiction over the parties shall be empowered to immediately enjoin any proceeding commenced in contravention of these provisions and the party failing to comply with these provisions shall reimburse the other party for all costs and expenses (including allomey's fees) incurred in enforcing these provisions. END OF AMENDMENT to Hurst Roofing Five (5) Year Warranty/Guarantee Howard Hurst / Hurst Roofing ONav BR. Title os te..r Date