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HomeMy WebLinkAboutbocc.con.207.2016 7/2015 kim *TKIN Pitkin County COUNT� Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County Project Manager. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement help@a,pitkincounty.com).Any contracts$50,000 and over will be routed for signatures to County Manager and Attorney's Office(if required)by Procurement& Contracts Manager. Contract Information Contract Number 207.2016 Project Name Pitkin County Historic Courthouse Stair Repair Contractor FCI Constructors,Inc. Budget Line Item 110.17.92817.82275 Additional Budget Line Item(s) Click here to enter text. and special notes to Finance Contract Start Date 5/18/2016 Contract End Date 6/30/2016 Automatic Renewal Yes 0 No El If Construction: Retainage No retainage • If this is a new contractor,please request they complete and submit to Finance a W-9 Form. Contact Information: Department Facilities Project Manager Smith Project Manager 5396 Phone Provide a brief description of the contract: Construction services to repair the damage done to the County's Historic Courthouse West Staircase. Work includes inspection,excavation, backfill,landscaping,waterproofing and masonry work. Contract Value Summary: Contract Amount $24,947.00 This Change order/Amendment amount(if applicable) $ New Contract Total $ Procurement Method: None 0 Informal❑ Formal ® Sole Source 0 Emergency 0 Contract Renewal 0 Contract Type: Services/Maintenance ❑ Construction ® Goods,Equipment, Supplies 0 Change Order/Amendment 0 Other, please explain 0 Click here to enter text. NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract#bocc.con.207.2015 Rev.06/02/2015 kj i Budget Line Item# /10 . l 7 - q as l 1. 815 firKIN PITKIN COUNTY CONSTRUCTION CONTRACT PITKIN COUNTY HISTORIC COURTHOUSE STAIR REPAIR . THIS CONTRACT,made this 18TH day of May 2016,by and between the Board of County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and FCI Constructors, Inc. 3070 1-70, Bldg A, Grand Junction, CO 81504 (hereinafter called the "Contractor")to perform the following work:County Historic Courthouse Stair Repair("Project"). I. Term of Contract. The term of this contract is from May 18,2016 to June 30,2016. H. Scope of Work and Work Schedule. A. Contractor shall provide construction services to repair the damage done to the County's Historical Courthouse West Staircase. B. Contractor shall complete the inspection, excavation,backfill, landscaping, waterproofing and mobilize and observe the masonry work. III. Payment. The County agrees to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract,the total price of twenty four thousand nine hundred forty seven dollars ($24,947.00) 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. 1. Contractor shall submit applications for payment every month for work done to date. Contractor shall bill on the 25th of each month. 2. Progress payments for Contracts exceeding one hundred fifty thousand dollars ($150,000). a. County shall make progress payments, within thirty (30) days of County's approval of Contractor's pay request. b. In accordance to amended Section 2 24-91-103, C.R.S. For contracts exceeding one hundred fifty thousand dollars ($150,000) and if the Contractor is satisfactorily performing this contract,progress payments shall be in an amount equal to ninety percent (95%) of the calculated value of completed 1 • Project work. If, in the opinion of the County Representatives and County, satisfactory progress is not being made on the Project, or if claims are filed under Section 38-26-107, Colorado Revised Statutes, as amended, County may retain such additional amounts as County may deem necessary to assure completion of the Project or to pay such claims and any County Representative's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of this Contract. Progress payments shall not constitute final acceptance of the Project. 13. County shall make final payment, including release of retainage, to Contractor in accordance with this Contract and Section 38-26-107, C.R.S. and Section 24-91-103, C.R.S., as amended. IV. Contractor's Obligations. A. Supervision and Superintendence. 1. The Contractor shall supervise and direct the Project competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Project in accordance with this Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Project complies accurately with this Contract. 2. The Contractor shall appoint and identify to the County and County Representatives, a competent on-site superintendent to be kept on the Project at all times during its progress and who shall not be replaced without written notice to the County and the County Representatives except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. B. Subcontractors, Suppliers and Others. 1. The Contractor shall not employ any subcontractor,supplier or other person or organization(including those acceptable to the County and the County Representatives, whether initially or as a substitute)against whom the County or the County Representatives may have reasonable objection. 2. The identity of subcontractors, suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment must be submitted to the County in advance of any work performed or materials supplied under this Contract for acceptance by the County and the County Representatives.No acceptance by the County or the County Representatives of any such subcontractor, supplier or other 2 person or organization shall constitute a waiver of any right of the County or the County Representative to reject defective Project work. 3. The Contractor shall be fully responsible to the County Representatives for all acts and omissions of the subcontractors,suppliers and other persons and organizations performing or furnishing any of the Project work under a direct or indirect Contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in this Contract shall create any Contractual relationship between the County Representatives and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of the County Representatives to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 4. All Project work performed for Contractor by a subcontractor will be pursuant to an appropriate Contract between the Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of this Contract for the benefit of the County Representatives. C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and assume all costs incident to their use in the performance of the Project or the incorporation in the Project of any invention,design,process,product or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the County and the County Representatives and anyone.directly or indirectly employed by either of them from and against all claims,damages,losses and expenses(including attorney's fees and court costs)arising out of any infringement of patent rights or copyrights incidental to the use in the performance of the Project or resulting from the product or device not specified in this Contract, and shall defend all such claims in connection with any alleged infringement of such rights. D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain and pay for all construction permits and licenses. The County shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Project. The Contractor shall pay all charges of utilities for connections to the Project,and the County shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. E. Laws and Regulations.The Contractor shall be familiar with and shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing and performance of the Project including rules,regulations,and ordinances the County promulgates at any time. Except where otherwise expressly required by applicable laws and regulations, neither the County nor the County Representatives shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. F. Taxes. The Contractor shall pay all existing and future applicable federal, state and local sales, consumer,use and other similar taxes whether direct or indirect. Federal excise tax may not apply to materials purchased by the County. The Contract price shall include all other federal, state,and/or local direct or indirect taxes,which do apply. The Contract price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the County 3 • (except as provided in this Contract). The Contractor shall not be reimbursed separately for any taxes,which may apply except as provided in this Contract, and the Contractor shall be responsible for all taxes, which may apply. The County is tax exempt from Federal Excise Tax and Colorado State or local sales or use taxes. The Contractor and its subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the County. G. Use of Premises. 1. The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by this Contract,law,ordinances,and permits.The Contractor shall assume full responsibility for any damage to any such land or area, or to the County or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Project. Should any claim be made against the County or the County Representatives by any such owner or occupant because of the performance of the Project, Contractor shall promptly settle with such other party. The Contractor shall,to the fullest extent permitted by Laws and Regulations, indemnify and hold the County harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the County or the County Representatives to the extent based on a claim arising out of the Contractor's performance of the Project. 2. During the progress of the Project, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Project. At the completion of the Project,the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools,appliances,construction equipment and machinery, temporary structures, stumps or portions of trees, and surplus materials, and shall leave the site clean and ready for occupancy by the County. The Contractor shall restore to original condition all property not designated for alteration by this Contract. 3. The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure,nor shall the Contractor subject any part of the Project or adjacent property to stresses or pressures that will endanger it. H. Safety and Protection. 1. The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. The Contractor shall take all necessary precautions for the safety o1, and shall provide the necessary protection to prevent damage,injury or loss to: a. All employees in the Project area and other persons and organizations who may be affected thereby; 4 b. All the Project materials and equipment to be incorporated therein, whether in storage on or off the site;and c. Other property at the site or adjacent thereto,including trees,shrubs, lawns,walks,pavements,road-ways,structures,utilities and underground facilities not designated for removal,relocation or replacement in the course of construction. The Contractor shall be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including the safety of all persons who may enter on the job site for any reason and the security of all property located on the job site. This requirement shall apply at all times during the courses of the Contract and not only to normal Project work hours. 2. The Contractor shall at all times conduct the Project in such manner as will • incur the least practicable interference with traffic and existing utility systems. No section of any road shall be closed to the public, nor any utility system put out of service except after permission,has been granted by the County Representatives. Each item of the Project shall be prosecuted to completion without delay and in no instance will the Contractor be permitted to transfer its forces from an uncompleted Project to a new Project without prior written notification of the Contractor to the County Representatives. Unless this Contract specifically provides for the closing to traffic of any local road or highway while construction is in progress, such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition temporary approaches,crossings,or intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over the section of road affected by the Project to be done under this Contract, and of constructing and maintaining such approaches, crossing, intersections and any necessary features without direct compensation,except as otherwise provided. The Contractor shall provide, erect and maintain all necessary barricades, signs, danger signals and lights to protect the Project and the safety of the public. The Contractor's responsibility for necessary barricades, signs, and lights shall not cease until the Project has been accepted. I. Shop Drawings and Samples. 1. After checking and verifying all field measurements and after complying with applicable procedures specified in this Contract, the Contractor shall submit to the County Representatives for review and approval in accordance with the approved schedule of shop drawing submissions, three (3) copies (unless otherwise specified) of all shop drawings, which will bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission. All submissions will be identified as the County Representatives may require. The data shown on the shop drawings will be complete with respect to quantities, 5 Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2. Commercial General Liability–ISO 1 CG 0001 form or equivalent (With County named additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 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 • Liability assumed under an Insured Contract(including defense costs assumed under contract) • Independent Contractors • Designated Construction Projects(s) General Aggregate Limit,ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement,ISO Form 2010 (2004 Edition or equivalent) • Additional Insured Owners,Lessees or Contractors Endorsement, ISO 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. Contractors Pollution Liability The County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution 8 conditions (including asbestos)that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Contractors Pollution Liability coverage (including Completed Operations)must be kept in effect for up to three(3)years after completion of the project. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke,vapors, fumes, acids, alkalis,toxic chemicals, liquids, or gases,natural gas,waste materials, or other irritants,contaminants, or pollutants (including asbestos). If the coverage is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three(3)years beginning from the time that work under this contract is completed. a. The policy shall be endorsed to include the following as Additional Insureds: "Pitkin 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". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 • 5. Professional Liability The Contractor shall maintain Professional Liability covering wrongful acts, errors and/or omissions,including design errors, if applicable,for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract. Contractors Professional Liability(Errors and Omissions)policy must be kept in effect during the project and for up to three(3)years after completion of the project. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three(3)years after project is complete. b. Policy is to be on a primary basis; if other professional coverage is carried. Per Loss $ 1,000,000 Aggregate $ 2,000,000 9 from date of Final Payment. Landscaping replacement shall be warranted for two(2)growing seasons. 2. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Project work performed and materials furnished under the Contract,the Contractor shall: a. Obtain all warranties that would be given in normal commercial practice. To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty exceeds the minimum County requirements as set forth in this Section or elsewhere in this Contract,the subcontractor's,manufacturer's, or supplier's standard warranty shall apply. b. Require all warranties to be executed,in writing,for the benefit of the County, if directed by the County Representatives;or c. Enforce all warranties for the benefit of the County,if directed by the County Representatives. • d. Assign all warranties and guarantees in writing to the County upon the request of the County. B. Access to Project. The County Representative and other representatives of the County,testing agencies and governmental agencies with jurisdictional interests shall have access to the Project,at any time for their observation,inspecting and testing. Contractor shall provide proper and safe conditions for such access. C. Tests and Inspections. 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 Project work (or part thereof) to specifically be inspected, tested or approved,the Contractor shall assume full responsibility therefore,pay all costs in connection therewith and furnish the County Representatives the required certificates of inspection,testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or re-testing required in connection with the County's or the County Representative's acceptance of a supplier of materials or equipment proposed to be incorporated in the Project,or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Project. The cost of all inspections, testing,re-testing and approvals in addition to the above which are required by this Contract shall be paid by the Contractor (unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place,and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter. 16 3. All inspections, tests or approvals other than those required by laws, ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be performed by organizations acceptable to the County Representatives. • 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 County Representatives,it must be uncovered for observation. Such uncovering and testing when required by the County Representatives shall be at the Contractor's expense. 5. Neither observations by the County Representatives nor inspections,tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Project in accordance with this Contract. D. Correction or Removal of Defective Work. If required by the County Representatives or the County, the Contractor shall promptly, as directed, either correct all defective Project work, whether or not fabricated, installed or completed, or, if the Project work has been rejected by the County Representatives or the County, remove it from the site and replace it with non-defective Project work. The Contractor shall bear all direct,indirect and consequential costs of such correction or removal(including but not limited to fees and charges of engineers,architects,attorneys and other professionals)made necessary thereby. E. Correction Period. If within one (1) year 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 beyond normal wear and tear and physical damage, the Contractor shall promptly without cost to County and in accordance with County's written instructions,either correct such defective Project work,or,if it has been rejected by County,remove it from the site and replace it with non-defective Project work. If the Contractor does not promptly (within seven(7)days from receipt)comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage,the County may have the defective Project work corrected or the rejected Project work removed and replaced,and all direct and indirect costs of such removal and replacement(including but not limited to fees and charges of engineers,architects, attorneys and other professionals)will be paid by the Contractor. F. County May Correct Defective Work. If the Contractor fails within ten (10) consecutive calendar days after written notice of the County Representatives 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 County Representatives or the County in accordance with paragraph D of this Section, or if the Contractor fails to perform the Project work in accordance with the Contract Documents,or if the Contractor fails to comply with any other provision of the Contract Documents, the County may, after seven(7)days'written notice to the Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to • the extent necessary to complete corrective and remedial action. The County may exclude the Contractor from all or part of the site,take possession of all or part of the Project, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Project all materials and equipment stored at the site or for which the County has paid the Contractor but which are stored 17 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 ofthe County in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the County incorporating the necessary revisions in the Contract price. Such direct,indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Project work. The Contractor shall not be allowed an extension of the Contract time because of any delay in performance of the Project work attributable to the exercise by the County of the County's rights and remedies hereunder. XIII. Liquidated Damages. Not used. A. Time for Completion. It is hereby understood and mutually agreed,by and between the Contractor and the County,that the date of beginning Project work and the time of completion as specified herein are essential conditions of the Contract.The Contractor agrees that said Project shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed, by and between the Contractor and the County,that the time(s)for completion of the Project described herein are reasonable time(s)for the completion of the Project,taking into consideration the average climatic conditions prevailing in the locality of the Project. B. Time is of the Essence to the Contract. It is further agreed that time is of the essence in completing the Project,and that the Project Work Schedule and all dates set forth therein and where in this Contract, an additional time is allowed for the completion of the Project, the new time limit fixed by such extension shall be of the essence of the Contract. C. Liquidated Damages. Not used D. Delays in Project Completion of Construction Phase. Not used 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 party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or overcome such inability with all reasonable dispatch.The term Force Majeure as employed herein, shall mean acts of God,strikes,lockouts,or other industrial disturbances,acts of public enemy,orders of any kind of the Government of the United States or the State of Colorado or any political subdivision, except the County, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery,pipelines,or canals,or other causes not reasonably within the control of the party claiming such inability.It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty,and that the above requirement that any Force 18 Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. F. Cumulative Remedy. Not used. XIV. Termination of Contract. A. The County may terminate this Contract upon the occurrence of any one or more of the following events: 1. If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code(Title II,United States Code),as now or hereafter in effect,or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 2. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing,or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 3. If the Contractor makes a general assignment for the benefit of creditors; 4. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under Contract,whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5. 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; B. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract,with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten(10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory Project work completed pursuant to the terms of this Contract prior to the date of termination. 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. 19 XV. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractor. Contractor,and any agent, employee, or servant of Contractor shall not be deemed to be an employee,agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract,provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. F. The Contractor shall be required to complete and submit to the County,a Form W-9 Taxpayer Identification Number Request. XVI. Computation of Time. A. When any period of time is referred to in this Contract by days,it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation. B. All times stated in this Contract are of the essence. XVII. Records and Cost Pricing Data. A. The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated and updated weekly to show all changes made during construction. These record documents together with all approved samples will be available to the County Representatives for reference. Upon completion of the Project, these record documents and samples will be delivered to the County Representatives for the County. B. The Contractor shall maintain all data and records pertinent to the Project performed under this Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of three (3)years from the date of final payment under this Contract, or for such longer period,if any,as is required by applicable statute or by other articles of this Contract. The County shall have access to all such data and records for such 20 time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any subcontractor utilized in the performance of this Contract permit the authorized representatives of the County to similarly inspect and audit all data and records of said subcontractors relating to the performance of said subcontractors under this Contract for the same time period. C. If this Contract is completely or partially terminated,the records relating to the Project terminated shall be made available for three(3)years after any resulting final termination payment. 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. XVIH. 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 Mediation. Any disputes arising out of this Contract shall be subject to binding mediation. The parties agree that any disputes concerning the terms and conditions of this Contract shall be submitted and finally settled by mediation. Mediations shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer as mutually acceptable to both parties. Costs of the mediation shall be awarded to the substantially prevailing party. C. Severability. If any term, section, or otherprovision of this Contract shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term, section,or other provision shall not affect any of the remaining provisions of this Contract,and to this end,each term, section and provision of this Contract shall be severable. D. Integration and Modification. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or Contract, either written or oral. This Contract may be amended only by written Contract signed by both the County and the Contractor. E. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. F. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract including the arbitration described in this section, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. G. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,24-10-101,et seq.,C.R.S., 21 as from time to time amended,or otherwise available to Pitkin County or any of its officers,agents or employees.Further,nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. H. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. I. Notice. Any notice required by this Contract shall be deemed delivered through either of the following: (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: To Pitkin County: with copies to: Jodi Smith Pitkin County Attorney's Office 485 Rio Grande Place 530 E.Main Street,#302 Aspen,Colorado 81611 Aspen, Colorado 81611 Fax: 970-920-5285 Fax: (970) 920-5198 Ph: 970-920-5396 To Contractor: Stan Kiser, Senior Project Manager 3 070 I-70 B,Bldg A Grand Junction, CO 81504 Fax: 970-434-7583 Ph: 970-434-9093 J. Waiver. No waiver by either party of any right,term or condition of this Contract shall be deemed or construed as a waiver of any other right,term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. XIX. Contractor's Representations. A. In order to induce County to enter into this Contract, Contractor makes the following representations: 1. Contractor has familiarized himself with the nature and extent of this Contract, Project, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of Project. 22 • 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. Contractor has made or caused to be made examinations,investigations,and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price,within the Contract time, and in accordance with the other terms and conditions of this Contract;and no additional examinations,investigations,tests, reports, or similar data are or will be required by Contractor for such purposes. 4. Contractor has correlated the results of all such observations,examinations, investigations,tests,reports and data with the terms and conditions of this Contract. 5. Contractor has given County Representatives written notice of all conflicts, errors, or discrepancies that it has discovered in this Contract, and the written resolution thereof by County Representatives is acceptable to Contractor. 6. By executing this Contract,the Contractor represents that it has visited the site, familiarized itself with the local conditions under which the Project work is to be performed (including weather conditions which can be expected), and correlated its observations with the requirements of this Contract. 7. The undersigned representative of Contractor represents that it is an authorized representative of Contractor for the purposes of executing this Contract and that it has full and complete authority to enter into this Contract on behalf of Contractor. XX. 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. XXI. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. §24-76.5-101, as amended PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services,sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm 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 within 23 three days if Contractor has actual knowledge 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 the Department program, Contractor shall deliver to the contracting State agency,Institution of Higher Education or political subdivision a written, 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 Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and,if so terminated, Contractor 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 perjury 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 of this contract. • 24 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. CONTRACTOR: FCI Constructors, Inc. By: Name Date Title PITKIN COUNTY,COLORADO MANAGER APPROVAL: SEC . ON APPROVAL: 71i1� o i iy Manager Date Seetien _ r Date IF A NON- STANDARD/ADDITIO L L GUAGE ADDED: J. Attorney Date 25 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. CONTRACTOR: FCI Constructors, Inc. By: Stan C. Kiser I��� 6-22-2016 Name Date Project Manager Title PITKIN COUNTY, COLORADO MANAGER APPROVAL: SECTION APPROVAL: County Manager Date Section Leader Date IF A NON- STANDARD/ADDITIONAL LANGUAGE ADDED: John Ely, County Attorney Date 24 FCI CONSTRUCTORS, INC. Cost Proposal 4/19/2018 Pitkin Co Courthouse Stair Damage Repair DESCRIPTION QTY UNIT MATERIALS EQUIP OR SUB LABOR TOTAL Testing, Kmwo��0mo - ����|n, By Owner General Conditions 1.5 WK 11.947 11,947 Soil Stabilization-CSI ByOvvnmr Inspection Excavation and Backfill 1.0 LS 250 500 800 1,550 Landscape, Waterproofing, FourGeaaons 2.500 2.500 Masonry Repairs-Mountain Man Masonry LS 5.040 5'040 Mason Observation during Foam Ijectjon LS 320 320 Mason Nlob LS 250 250 - Total | 821.608.85 0t Sales Tax 0.00%0.00% , NIC Builder's Risk Insurance By Owner _ General Uabi|ityInsurance 0.004 $ 86 �� ConstructionW1anag�mentFee 15% $ 3,254 w�" ` ~ MA PROJECT TOTAL WITHOUT BOND 24,947 '7: ��' NIC d `` / gi PROJECT �-��IT�� ������K� ,�$�///''��^`��,'�24~947` a Summary Work to repair damage done to the west exterior stair case of the Pitkin County Courthouse,Aspen,Colorado. Work is detailed In the cover letter from FCI to Jodi Smith,Dated 4-19-2016, Project-Pitkin County Couthouse West Stair Damage Repair. This proposal is to repair the damage done during installation of a waterline adjacent to the staris by others and does not include any cost to maintain or upgrade the stairs.