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HomeMy WebLinkAboutbocc.con.192.2002 CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating Department/Division: , /� �/� _ Ad Contact Person: ��_,1 L ,,.._� CONTRACT#' 1'9;1 -;Zoo Z Phone#: S 3 f 7 Check Contract Type: STAI`1; Services S'I.G �(t 1"�7ittE Maintenance Q License/Use ,Vf14t to c Lease Construction Purchase Employment Intergovernmental Agreement (Requires BOCC Action) Grant Agreements (Requires BOCC Action) Other Signatures Required: Under 25K—Department Head 25 —Department Head (if appropriate), Section Leader Over 50 K—Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): /S' Contract Start Date: i Contract End Date: o / z o0 Automatic Renewal (Y/N): All Contracts should be proofed for the following: • No Pages Missing • If a Page is Left Intentionally Blank—Note on Page • Page numbered consecutively • All Signatures Affixed • All Dates Filled In • All Other Blanks Filled In • All Exhibits Attached • All Legal Descriptions Attached (if appropriate) • Notice of Award/Proceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning/Archiving Date: �o Authorized Staff Person Signature of authorized staff person indicate that document has been proofed and ready for scanning. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. l pcjmj\ww\g\scannning\county contracts\narrative\checklistsheet 1 Pitkin Cou Y 76 Service Center Road - Aspen,Colorado 81611 STAFF AUTHORIZED SIGNATURE NOTICE TO PROCEED CONTRACT# /9 f„ C� DATE: Tuesday, May 28, 2002 TO: United Rentals Highway Technologies, Inc 1908 Main Street Billings MT 59105 406-245-9641fax FROM: Pitkin County Public Works 76 Service Center Road Aspen, Colorado 81611 You are hereby authorized to proceed on Tuesday, May 28, 2002 or within ten (10) consecutive calendar day thereafter, with the work covered by the Contract Documents titled: 2002 Pitkin County Road Marking Project for the sum of Thirty One Thousand, Eight Hundred Seven Dollars and twenty cents ($31,807.20). By: Jodi 5m Project Manager for Bert Pearce Public Works Fleet Maintenance Natural Resources (970)920-5390 (970)920-5393 (970)920.5214 fax 920-5374 fax 920-5769 fax 920-5374 rNe.e m.,p.e no. ,tk, �y 76 Service Center Road Aspen,Colorado 8 161 1 NOTICE OF AWARD Date: April 30, 2002 TO: United Rentals Highway Technologies Inc. 1908 Main Street Billings MT 59105 The Owner, having duly considered the Proposal submitted on April 11, 2002, for the work covered by the Contract Document titled 2002 Pitkin County Road Marking Project in the amount of Thirty-one thousand eight hundred seven dollars and twenty cents ( $ 31,807.20), and it appearing that the Price and other information in you Proposal Form is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement in three copies within ten (10) consecutive days from and including-the-date of this Notice of Award. In addition you are required to.furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to Bert Pearce PROCUREMENT OFFICER, 76 Service Center Road, Aspen CO 81611, FAX 970-920-5374 PITKIN COUNTY ,1 By: r •v— Bert Pearce Road & Bridge Manager- ===============================ACCEPTANCE OF Receipt the above Notice of Award is hereby acknowledged By: this day of 2002. Title VII -27 W Public Works Fleet Maintenance Natural Resources (970)920-5390 (970)920-5393 (970)920-5214 fax 920-5374 fax 920.5764 fax 920-5374 AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT FOR PROVISION OF SERVICES (the "Agreement") is made and entered by and between Pitkin County, Board of County Commissioners ("Pitkin County") and United Rentals Technologies, Inc. 1908 Main Street Billings, MT 59105 (hereinafter "Contractor"). 1. Purpose. The purpose of this Agreement is to complete the 2002 Pitkin County road Marking Project,see Exhibit "A". 2. Term. The term of this Agreement is from May 5, 2002 to September 30, 2002. At the expiration of the initial term, the Agreement may be extended for an additional term of up to 30 days by the express written consent of both parties. 3. Contractor's Obligations. Contractor shall supply all materials, equipment and signage to complete the project in workman like manner. 4. Compensation and Expenses, Invoicing and Payment. The County shall pay the Contractor for performance of services hereunder. Payment of invoices submitted by Contractor hereunder is contingent upon completion of each task to the satisfaction of the County. Invoices shall itemize specific work done to complete the task, and include receipts for all reimbursable items. In no event shall the total charges for services and reimbursements exceed thirty- one thousand eight hundred seven dollars and twenty cents ( $ 31,807.20). In the event the Contractor incurs time and expenses above said amount, no compensation for said additional time and expenses shall be required to be paid by the County without written authorization by the County. 5. CountVs Exclusive Ownership of Work Product. All work produced pursuant to this Agreement becomes the property of Pitkin County. 6. Pitkin County's Obligations. Pitkin County shall administer this Agreement through a County Representative. Bert Pearce will manage the project as the County's Representative. In the event that Bert Pearce is not available, Temple Glassier shall assume the County Representative's duties. The services provided and products delivered by the Contractor under this Agreement will be subject to review by the County's Representatives, or a designee, for compliance herewith. The review comments of the County's Representative may be reported in writing as needed to the Contractor. To prevent an unreasonable delay in the Contractor's work, the County's Representative will endeavor to examine all deliverable products and other documents and will accept same and authorize payment or will specify necessary changes within ten (10)working days of receipt of such documents. 7. Cancellation. In addition to the right of termination referenced in Exhibit B hereto, Pitkin County reserves the right to cancel this Agreement for unsatisfactory performance of Contractor's obligations as determined by Pitkin County in its sole discretion, upon written notice to Contractor as provided in Paragraph 11 herein. VII -33 r� 8. Required Clauses. Pitkin County's Required Clauses, including provisions for insurance and indemnification,are attached hereto as Exhibit B and incorporated by this reference. 9. Independent Contractor Status. a. The parties to this Agreement intend that the relationship between them contemplated by the Agreement 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 Agreement. Contractor may choose to work for other individuals or entities during the term of this Agreement, provided that the basic services and deliverable products required under this Agreement are submitted in the manner and on the schedule defined under this Agreement. 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 Agreement. 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 Agreement. 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. 10. Assynablility. This Agreement is not assignable by either party. 11. Notice. Any written notice required by this Agreement shall be deemed delivered on the happening of any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: a. To Pitkin County Bert Pearce Road & Bridge Manager 76 Service Center Road Aspen, CO. 81611 Fax 970-920-5374 with copies to: Pitkin County Attorney's Office 530 E. Main Street,#302 Aspen, Colorado 81611 VII -34 5 Fax: (970) 920-5198 b. To Contractor: United Rentals Technologies, Inc. 1908 Main Street Billings, MT 59105 Fax: 406-245-9641 12. Modification. This Agreement may only be modified by written agreement of both parties hereto. Any modifications hereof are subject to the requirements of the Pitkin County Procurement Code and the Required Clauses attached hereto as Exhibit B. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. CON TR OR: By: Titl tS U C Date PITKIN COUNTY: - -v c_ By: ��eGc�'"` 'zL Bert Pearce Date 4rianet at Road & Bridge Manager Public Works Director VII -35 lf/ Billings Office• P.O. Box 50475• 1908 Main Street•Billings, MT 59105 United Rentals- Phone (406)245-8710•Fax (406)245-9641 Highway Technologies Salina Office• 1 East North Street•Salina, 67401 OPhone(785)851 823-1146•Fax(785)823-120909 Bert Pearce Road and Bridge Manager 76 Service Center Road Aspen, CO 81611 RE: 2002 Pitkin County Road Marking Project Dear Sir, Enclosed is the bid package for United Rentals Highway Technologies, Inc. If any questions shall arise, please do not hesitate to call me at 866-245-8710. All remittances shall be addressed to: Mike Ryan United Rentals Highway Technologies, Inc. 1908 Main Street Billings, MT 59105 Sincerely, United Rentals Highway Technologies, Inc. Mike Ryan, Estimator www.unitedrentals.com Billings Office• PO. Box 50475• 1908 Main Street• Billings, MT 59105 United Rentals- Phone (406)2458710•Fax (406)245-9641 Highway Technologies Salina Office• 1737 East North Street•Salina, 67401 OPhone(785)823-1146• Fax(785)823-120909 Bert Pearce Road and Bridge Manager 76 Service Center Road Aspen, CO 81611 RE: Qualifications Dear Sir, United Rentals Highway Technologies, Inc. purchased Mark Rite Lines of MT, Inc. in September of 2001. All employees have continued to stay on and business will be conducted in relatively the same fashion. Mark Rite Lines of MT, Inc. (MRL) was established in 1976. Since then, we have worked in nearly every state in the union and even a few different countries. Our experience includes all forms of pavement marking including paint, epoxy, modified urethane, polyurea, methyl methacrylate, thermoplastic, and tape. There are many different types of applications as well, including spray, extrusion, grooving and rolling into fresh asphalt. Our extensive experience in the field of pavement marking made us a prime candidate for acquisition by a company with boundless opportunities for growth. United Rentals Highway Technologies, Inc. has nearly 100 offices nationwide and United Rentals, Inc. (our parent company) has over 980 offices across North America. We are also a publicly traded company, which we invite you to take a look at our stock (URI) to find out more. The Highway Technologies division of United Rentals specializes in pavement markings and traffic control. The experience of our staff is second to none in the construction industry. If you have any questions regarding these qualifications, please do not hesitate to call me at 866-245-8710. Thank you for your time. Sincerely, United Rentals Highway Technologies, Inc. Mike Ryan, Estimator www.unitedrentals.com Billings Office•P.O. Box 50475• 1908 Main Street• Billings, MT 59105 United Rentals M Phone (406)245-8710•Fax (406)245-9641 Highway Technologies Salina Office• 1 East North Street•Salina, 67401 OPhone(785)85)823-1146• Fax(785)823-120909 Bert Pearce Road and Bridge Manager 76 Service Center Road Aspen, CO 81611 RE: References Dear Sir, United Rentals Highway Technologies, Inc. purchased Mark Rite Lines of MT, Inc. in September of 2001. Since that is the case most of our references will know us as Mark Rite Lines of MT, Inc. Therefore, here are some of the people we have worked with in the past year. Mike Smith Region 3 Colorado, Epoxy Striping 970-248-7230 David Pickren Region 5 Colorado, Epoxy Striping 970-385-1447 Jeff Heitmeyer Region 1 Colorado, Epoxy Striping 303-790-1020 Shawn O'Leary City of Salina, Kansas, Paint Striping 785-826-7240 Dale Phillips Barton County, Kansas, Paint Striping 316-793-1936 Carl Thompson City of Missoula, Montana, Epoxy 406-523-2760 This is a very small list of people we have done business with in the past year. If you would like to have additional contacts, please do not hesitate to call me at 866-245-8710. Thank you for your time. Sincerely, United Rentals Highway Technologies, Inc. Mike Ryan, Estimator www.unitedrentals.com Billings Office• P.O. Box 50475• 1908 Main Street•Billings, MT 59105 United Rentals M Phone (406)245-8710•Fax (406)245-9641 Highway Technologies Salina Office• East North Street• Salina, 67401 OPhone(785)85)823-1146• Fax(785)823-120909 Bert Pearce Road and Bridge Manager 76 Service Center Road Aspen, CO 81611 RE: Approach to Project Dear Sir, United Rentals Highway Technologies, Inc. will proceed with this project as we do with all others. Our number one goal will be safety at all times on and off the road. Weekly toolbox meetings will be conducted onsite to provide our crews with the latest information regarding maintaining a safe work environment. You are invited to attend any that may happen in the duration of this project. All employees are also trained in First Aid and CPR. Secondly, we will proceed in a fashion that will cause the least amount of inconvenience to the traveling public. Our well - trained crews will map out the best possible way to proceed with the project prior to commencement. The foreman will then discuss the plan with your inspector to verify its soundness. Because we have many crews in different areas and scheduling work depends on so many variables, personnel assignments have not been scheduled for the project at this particular time. We can assure you that all employees assigned to this project will have considerable experience on the field of pavement marking. Hourly rates for personnel are as follows: Foreman - $18.60 per hour plus $4.40 per hour fringe benefits. They are also paid an extra hour per day for paperwork and such. All other people are paid $17.60 per hour plus $4.40 per hour fringe benefits. In addition to this, all employees are paid $25.00 per day per diem and motel rooms are reimbursed. Overtime wages will be based on a forty- hour week. All overtime wages will be paid at 1.5 times their base hourly wage. If you have any questions regarding the approach to the project, please do not hesitate to call meat 866-245-8710. Thank you for your time. Sincerely, United Rentals Highway Technologies, Inc. Mike Ryan, Estimator www.unitedrentals.com /D PITKIN COUNTY, COLORADO REQUEST FOR PROPOSALS PROPOSER'S INSTRUCTIONS AND SCOPE OF SERVICES FOR THE 2002 PITKIN COUNTY ROAD MARKING PROJECT PROPOSALS MUST BE SUBMITTED NO LATER THAN April 11, 2002 @ 10:00 am MSDT VII-3 / / REQUEST FOR PROPOSALS 2002 PITKIN COUNTY ROAD MARKING PROJECT I. Introduction SERVICES Pitkin County (hereinafter the "County") will accept proposals from interested parties for the Pitkin County 2002 Pitkin County Road Marking Project. The marking project is: Smith Way Road double vellow center line paint with *lass beads Snowmass Creek Road double yellow center line paint with glass beads Capitol Creek Road double yellow center line paint with glass beads East Sopris Creek Road single yellow center line paint with glass beads Sopris Creek Road single yellow,center line paint with glass beads Brush Creek Road double yellow center line paint with glass beads and white edge witi,,glass beads Red Mountain Road double yellow center line paint with glass beads Castle Creek Road double vellow center line paint with glass beads and white Thermo-plastic cross walk Upper River Road double yellow center line paint with beads dips and 1 bump painted yellow with glass beads Willoughby Way double yellow center line paint with class beads Magnifich Drive double vellow center line paint with glass beads Owl Creek Road double yellow center line paint with glass heads II. SCOPE OF WORK A. The contractor shall supply all materials, equipment and safety requirements to complete the marking project. B. The contractor shall notify the procurement officer two days prior to any marking taking place. C. All materials shall comply with the latest addition of the Colorado State Standards Specifications for Road & Bridge Construction. III. SELECTION PROCESS A. Submittals 1. Proposer shall submit 3 copies of their proposals for this project as outlined in the Request for Proposals and Scope of Services, or an alternately developed plan as developed by Proposer in response to and in accordance with this Request for Proposals and Information to Proposers attached hereto. The format for such proposals shall be as follows: a. The proposal must contain name, address, and daytime phone number(s) for person(s) to whom additional selection process requests should be communicated; VII-4 / b. A proposed approach (basic description of how Proposer will proceed with this project), time-table for the project, and proposed method of compensation for services rendered, c. A statement of Qualifications of the Proposer: d. References: e. A completed Proposal Form: 2. Proposer may be required to supply additional information upon request, or to make additional submissions under secondary selection criteria, if necessary. 3. All Proposals shall be sent; and any and all questions or comments directed to the Procurement Officer as follows: Bert Pearce Road & Bridge Manager 76 Service Center Road Aspen, CO. 81611 4. All proposals must be in a sealed envelope and clearly marked in the lower left-hand corner: "Proposals for 2002 Pitkin County Road Marking Project". All proposals must be received by April 11, 2002 @ 10:00 am MDST, 76 Service Center Road Aspen, CO 81611, at which time they will be publicly opened. The County will not accept facsimile (faxed) proposals unless such a proposal is delivered as follows: -- if a proposal or part of a proposal is to be delivered to the above address via a facsimile transmission (fax machine), it will be the responsibility of the Proposer to provide personnel to insure that the fax transmission is delivered in the required sealed envelope directly to the Procurement Officer by or before the date and time of proposal opening. The Procurement Officer or other staff members will not be responsible for insuring this timely delivery. In the event of such fax transmission, the Proposer will be additionally responsible for providing an original, signed copy of the document transmitted to the Office of the Procurement Officer no later than two (2) working days after the date of transmission, and for the production of the required set of 3 copies. 5. During the Request for Proposal selection process,all proposals shall remain confidential. The entire selection process (procurement) file shall be opened to the public (which includes all proposals) after an agreement is approved by the County, except those items for which confidentiality has been requested in writing by the Proposer, and providing that the County Attorney has reviewed and determined this to be the properly confidential under the State Open Records Act and other relevant statutes and regulations. B. Evaluation Criteria Approach to Project L20_%) VII-5 The service provider shall prepare a brief statement as to how he intends to handle; i. the Project ii, the Project schedule iii. the personnel assignments, including qualifications and experience of those personnel iv, the time estimates of personnel assigned to the Project v, other pertinent facts List of Similar Work L5_%) The service provider shall submit examples of work with governmental agencies and work of similar size and type. Availability L20_%) The Service provider shall staff and complete the Project to the point of proposing in a timely fashion. Estimated Cost of Services, including Reimbursables L50_%) The Service provider shall list all cost assumed necessary to provide a completed product, including cost of sub-consultants, reimbursables, and miscellaneous. The Service provider shall provide a list of standard hourly rates for personnel, in general, i.e.: List of References, Prior Clients, especially, Local, State, and Federal Government L_521*) C. Time Line 1. April 11 Submittals returned to the County. 2. April 15 The selection committee meets to review and evaluate proposals requests additional information if necessary, "short lists," if necessary, notifies unsuccessful proposers, if necessary. 3. April 17 Announce top-ranked proposer. Begin contract negotiations. Notify unsuccessful proposers 4. April 18 Notice of Award 5. April 29 Notice to Proceed D. Selection Committee Voting Membership Bert Pearce Procurement Officer Temple Glassier Committee Member Jodi Smith Committee Member VII-6 LI Legal Counsel, Ex-Officio Member County Attorney Communications between proposers and any members of the selection committee during the selection process, except when and in the manner expressly authorized by the proposal documents, is strictly prohibited. Violation of this requirement is grounds for disqualification from the process. VII-7 / PROPOSAL FORM Proposal Time: 10:00 am MDST Proposal Date: April 11, 2002 From: To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Bert Pearce Road & Bridge Manager 76 Service Center Road Aspen, CO. 81611 For: 2002 Pitkin County Road Marking Project Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having examined the Contract Documents, including the site of the proposed work and being familiar with conditions surrounding the construction of the proposed Project, including the availability of materials and labor hereby proposed to furnish all labor, materials, supplies, services and supervision required to perform the work for the project identified above and listed below and as detailed in the Contract Documents for the sum of: 1 -�r�ON e-l�ov.S2N p The lump sum of E►! LI-A J1jmg&e-A SeVtN aoj Dollars ($31.8D?.?� } The project will be completed within IS working days of initiating the Work. Description: Exhibit "A" ROAD # 1 : Smith Wa .3 miles Highway 82 to Upper River road Project Item Unit Estimated Quantity Unit Price Proposal number Amount Double Yellow 2 times of ST- 1 with beads LS .3 miles $443,69 /LS $ 44.3. ROAD # 2: Snowmass Creek 1.8 miles Highway 82 to intersection Capitol Creek road Project Item Unit Estimated Quantity Unit Price Proposal number Amount Double Yellow 2 times of 44 ST- 1 with beads LS 1 .6 miles $ `�`�/LS $Q3Co$. `— Single white turn 2 times of TL- 1 lane LS 60' $ Ice:>-c!?/LS $ rOO. 2t- ROAD # 3: Capitol Creek .2 miles through S curves Project Item Unit Estimated Quantity Unit Price Proposal number Amount Double Yellow 2 Dimes of ST— 1 with beads LS .2 miles $Rgs5 g /LS ROAD #4 : East So ris Creek 1.1 miles intersection West Sooris to end pavement Project Item Unit Estimated Quantity Unit Price Proposal number Amount Single Yellow 2 times of ST— 1 with beads LS 1 .1 miles $ 913.1 ai LS $ S13.1 a ROAD #5: So ris Creek .7 miles intersection West So ris for .7 miles Project Item Unit Estimated Quantity Unit Price Proposal number Amount - . - Single Yellow 2 times of ST— 1 with beads LS 1 .1 miles $ 813,19 /LS $ $13. 1 a ROAD #6: Brush Creek 2.7 miles Hiqhway 82 for 2.7 miles Project Item Unit Estimated Quantity Unit Price Proposal number Amount Double Yellow 2 times of ST— 1 with beads LS 2.5 miles $ 3&9&.':*/LS $3&09jo White edge with 2 times of ES — 1 beads LS 1 2.5 miles $ 1949.ca/LS $ ) c—":' ROAD #7: Red Mountain .9 miles Hunter Creek bride to Drivate qate Project Item Unit Estimated Quantity Unit Price Proposal number Amount Double Yellow 2 times of ST— 1 with beads LS .9 miles $ 330.5� LS $13 30.S VII-9 l ROAD # 8: Castle Creek 13.5 miles Highway 82 to end Project Item Unit Estimated Quantity Unit Price Proposal number Amount Double Yellow 1 time of ST— 1 with beads LS 13.5 miles S g97ci /LS $99701. Cross walk white CW— 1 bars LS 1 crossing $ 508.°—"/LS S SoO. co ROAD # 10: Upper River 4 miles intersection Lower River to intersection McLain Fiat Road Project Item Unit Estimated Quantity Unit Price Proposal number Amount Double Yellow 2 times of ST— 1 with beads LS 1.9 miles $CASOS`��/LS $09.$. Q� — Dips Yellow with 2 times D - 1. beads LS 2 dips $ 400Qa/LS S (0C).o0 Bump Yellow 2 times B — 1 with beads LS 1 Bum $30D. /LS ROAD #11: Willoughby Way .9 miles intersection Red Mountain Road to Magnifico Drive Project Item Unit Estimated Quantity Unit Price Proposal number Amount Double Yellow 2 times of ST— 1 with beads LS .9 miles $1330 LS $ 133n. — ROAD #12: Ma nifico Drive .1 miles intersection Willou hbv Wav to Y Project Item Unit Estimated Quantity Unit Price Proposal number Amount Double Yellow 2 times of ST— 1 with beads LS .1 miles $ )47 LS $ /q7.$j VII-10 /� ROAD #13: Owl Creek Road 3 miles intersection Highway 82 to Snowmass town shop Project Item Unit Estimated Quantity Unit Price Proposal number Amount Double Yellow 2 times of ST— 1 with beads LS 3 miles 3 3e,��S S 414 35.�� Specifications: All materials shall meet the latest edition of Colorado Department of Transportation Standards Specification for Road and Bridge Construction. Smith Way road .3 miles from Highway 82 to intersection Upper River road 1. The contractor shall provide all materials.labor.and equipment to complete road markings. 2. The contractor shall paint a double yellow center line with glass beads. 3. The contractor shall paint once-in May and once in September. Snowmass Creek road 1.8 miles from Highway S_' to intersection of Capitol Creek road 1. The contractor shall provide all materials,labor and equipment to complete road markings. 2. The contractor shall paint a double yellow center line with glass beads. 3. The contractor shall paint right turn lane with Thermo-plastic arrow. 4. The contractor shall paint once in May and once in September. C3nitol Creek road 2 miles through s curves 1. The contractor shall provide all materials,labor and equipment to complete road markings. 2. The contractor shall paint a double yellow center line with glass beads. 3. The contractor shall paint once in May and once in September. East Sopris Creek road 1.1 miles from intersection of West Sopris Creek road to end of pavement 1. The contractor shall provide all materials,labor and equipment to complete road markings. 2. The contractor shall paint a single yellow center line with Blass beads. 3. The contractor shall paint once in May and once in September. Sopris Creek road .7 miles from intersection West Sopris Creek road toward Emma road for.7 miles 1. . The contractor shall provide all materials,labor and equipment to complete road markings. 2. The contractor shall paint a single white center line with glass beads. 3. The contractor shall paint once in May and once in September. Brush Creek road 2.7 miles from Highway 82 to Town of Snowmass Village VII-11 1. The contractor shall provide all materials.labor and equipment to complete road markings. 2. The contractor shall paint a double yellow center line and white edge both with glass beads. 3. The contractor shall paint once in Mav and once in September. Red Mountain road .9 miles from Hunter Creek bridge to private gate 1. The contractor shall provide all materials, labor and equipment to complete road markings. 2. The contractor shall paint a double yellow center line with glass beads. 3. The contractor shall paint once in May and once in September. Castle Creek road 13.5 miles from Highway 82 to end 1. The contractor shall provide all materials.labor and equipment to complete road markings. 2. The contractor shall paint a double yellow center line with glass beads and Thermo- plastic white crosswalk. 3. The contractor shall paint a turn lane with white stripe with glass beads and a Thermo-plastic arrow. 4. The contractor shall paint once in May. Upper River road 4 from intersection Lower River road to intersection of McLain Flats road 1. The contractor shall provide all materials. labor and equipment to complete road markings. 2. The contractor shall paint a double vellow center line with glass beads. �. The contractor shall paint vellow with glass beads_2 dips and one bump. 4. The contractor shall paint once in May and once in September. Willoughby-Way .9 miles from intersection Red Mountain to intersection Magnifico Drive 1. The contractor shall provide all materials,labor and equipment to complete road markings. 2. The contractor shall paint a double yellow center line with glass beads. 3. The contractor shall paint once in May and once in September. Magnifico Drive.l miles from intersection Willoughby Way to Y 1. The contractor shall provide all materials.labor and equipment to complete road markings. 2. The contractor shall paint a double yellow center line with glass beads. 3. The contractor shall paint once in May and once in September. Owl Creek Road 3 miles from intersection Highway 82 to Snowmass town shop 1. The contractor shall provide all materials,labor and equipment to complete road markings. �. The contractor shall paint a double vellow center line with glass heads. VII-12 e 3. The contractor shall paint once in May and once in September. VII-13 � ' It is further understood that the right is reserved by the Owner to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The undersigned agrees that upon notification of acceptance of this proposal, it will execute a Contract for the above stated work for the above compensation within the scheduled mutually determined. The proposer hereby certifies: A. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed person, firm or corporation and is not submitted in conformity with any agreement of rules of any group,association, or corporation. B. That it has not directly or indirectly induced or solicited any other proposer to put in a false proposal. C. That it has not solicited or induced any person, firm, or corporation to refrain from proposing. The Proposer acknowledges receipt of Addenda's Nos. d The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures) Dated this 94' day of Awe) 2002 (Corporate seal) THE PROPOSER 1111 t�� �W 1'`� ntatl r 11dG• M:kc SIGNATURES: If the proposal is being submitted by a Corporation, the proposer should be signed by an officer, i.e. President or vice-president. The signature of the officer signing shall be attested to by the secretary and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. VII-14 n (Revised 2/26/02) INSTRUCTIONS TO PROPOSERS FOR PITKIN COUNTY CONTRACTS For the Project Entitled: 2002 Pitkin County Road Marking Project Date of Proposal Opening: April 11,2002 1. a. A "proposal" is a responsive, conforming, unconditional, complete (in ink or typewriter), legible and properly executed offer on the form supplied to do the work called for in the Request For Proposals (and plans and specifications) for the compensation specified. For the purposes of this document and the procedures specified herein,a"proposal" shall be subject to the some procedural requirements and where only one such term is used,the other is to be implied,as applicable,unless otherwise noted. b. Proposals must be submitted in sealed opaque envelopes and submitted at the time and place designated in the Request for Proposals (RFP). Proposal envelopes must be clearly marked on the front of the envelope as a "sealed proposal" with the project name and the name, contact person, mailing address and telephone number of the proposer. C. It shall be the responsibility of the proposer to insure that the proposal document is in proper form and in the County's possession by or before the scheduled time and date of public proposal opening. Proposals will not be accepted after the scheduled time and date of opening. Any proposals received late will be returned to the proposer unopened, if possible. In the event that it is impossible to determine who the late proposer is unless the envelope is opened,the envelope will be opened, the address determined,and the envelope and proposer returned immediately without being considered a proposal. d. If specified in the Request for Proposal, parties who request packages of proposal documents will be required to pay a fee or place a deposit for the document package. All parties who actually receive packages must sign a list and leave the name of the potential proposer, along with the name of a contact person, address and telephone number for the purpose of dissemination of Addenda or additional proposal information. e. If a mistake is made or discovered at or after the public opening, the County reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations, the County, in its sole discretion, shall make the decision whether to accept or reject the proposal. No advantage shall be taken by either party of manifest clerical errors or omissions in the proposal documents or the Request for Proposals (and plans and specifications). All proposers are required to notify the County immediately of any errors of omissions that may be encountered. (See 2.o.and 2.c., below). f. The signer of the Proposal must initial any interlineation,alteration or erasure. If provided on the required Proposal Form, the proposal price of each item must be stated in numerals and words; in case of a conflict, the words will control. In case of conflict between the indicated sum of any addition of figures and the correct sum,the correct sum will control. g. No reimbursement will be made by the County for any costs incurred in the preparation of a statement of qualifications,or proposals,or attendance at a site inspection,pre-bid conference or interviews. h. No person, firm or corporation shall be allowed to make,file or be interested in more than one proposal for the same work,unless alternate proposals are called for. A person, firm,or corporation who has submitted a subproposal to Proposer, or who has quoted prices on materials to a Proposer, is not hereby disqualified from submitting a subproposal or quoting prices to other Proposers. Vll_i6 �3 2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Drawings, Specifications or other Proposal or Contract Documents, or finds discrepancies, errors,ambigui- ties, inconsistencies, incompleteness or omissions in the Drawings or Specifications or the proposal process, he/she must submit to the Procurement Officer a written request for an amplification, clarification, explanation,interpretation or correction thereof. b. Proposers may propose substitute materials or techniques if such substitution is equal to or better than the materials or techniques called out in the plans and specifications and if the substitution has been submitted in writing at least ten (10) days prior to the public proposal opening. The burden of proof of equality or superior quality is on the proposer. If accepted as equal by the County in its discretion,the substitute will be designated as an alternative on a formal addendum. C. Any amplification,clarification,explanation, interpretation or correction of the documents will be made only by written Addendum duly issued and a copy of the Addendum will be mailed or delivered to each person receiving a set of the Proposal Documents. Neither the Owner nor the Procurement Officer will be responsible for any information, representations,explanations or interpretations of the Contract Documents not in written addenda. d. The County reserves the right to call a pre-proposal conference; if called and conducted,a summary of the pre-proposal conference will be mailed to all parties receiving a set of Proposal documents. e. On request, the County will provide each Proposer access to the site to conduct, at Proposer's sole cost, such inspections, tests and investigations as each Proposer deems necessary for submission of a Proposal. No information provided by County representatives at such a site inspection shall be deemed a waiver of the requirements of 2.a.and 2.c.,above. f. Any addenda issued during the time of the proposal process,or forming a part of the Contract Documents, shall be covered in the Proposal,and shall be made a part of the Contract. Receipt of each Addendum shall be acknowledged in the Proposal. g. IF specified in the Project RFP,a request for qualifications may precede the ITS/RFP process. 3. a. Each proposal, if required by the proposal documents, shall be accompanied by a certified check or bid bond in a form acceptable to the County, in an amount specified, payable without condition to the County as a guarantee that the proposer, if awarded the Contract, will promptly execute the Agreement in accordance with the Proposal and the other Contract Documents,and will furnish, if required by the proposal or contract documents,good and sufficient bonds for the faithful performance of the contract and for the payment to all persons supplying labor and material for the work(see 10.a.,below). The Proposal guaranties of all parties except the three lowest responsive proposals will be returned promptly after the opening of Proposals. After execution of the Contract and issuance of a Notice to Proceed, the remaining two guaranties will be returned. b. Proposer also, if required by the Proposal Documents, will fully complete and submit with the proposal a Pitkin County Qualification Statement or an updated Statement if one is already on file. Pitkin County reserves the right to pre-qualify proposers based on said qualification statements. C. Proposer also must submit with the proposal a list of subcontractors, independent contractors and suppliers to be employed under the Contract. If the County has a reasonable objection to any such contractor or supplier, it shall notify the proposer and the proposer may then: (a)withdraw his proposal;or (b)substitute an acceptable contractor or supplier. If required by the Contract Documents, subcontractors may be required to submit a Contractor's Qualification Statement. d. Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be VII-17 n �] affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. e. Proposals by partnerships or limited liability companies ("LLC") must be executed in the partnership or LLC name and signed by a partner authorized LLC officer, whose title must appear under the signature and the official address of the partnership or LLC must be shown below the signature. The State in which the entity was formed and whose law governs the entity shall be shown below the signature. f. All names must be typed or printed below the signature. 4, a. Proposer acknowledges that this proposal is solicited and submitted subject to the requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter; Resolution No.82-37, April 12, 1982, copies available upon request for a nominal charge). As such,the Proposer agrees to comply with all applicable requirements of said Procurement Code relating to proposing,contract drafting, contract administration and ethics. The requirements of the Procurement Code are incorporated herein by this reference. b. The proposer shall immediately notify the County Manager in writing of any violation of said Code by the County's employees or agents,which violation is known or should have been known by proposer,and failure to so notify the County of violations within five (5) days of knowledge of such violations shall disqualify the proposer from award of the Contract being proposed and shall be deemed as a waiver of any action or defense that the proposer may have against the County by reason of such violation of the Procurement Code. C. The submission of a proposal shall be conclusive evidence and legal admission that the proposer: (1) has no questions,complaints or objections in connection with the Proposal process and/or documents,subject to any requests made by Proposer for amplification,clarification,explanation, interpretation or correction pursuant to Paragraph 2.a.and 2.c., above; (2) has no questions, complaints or objections as to the completeness, sufficiency, scope or detail of the Proposal Documents; and (3) has full knowledge of the scope, nature, quality and quantity of work to be performed,the detailed requirements of the proposal documents including any and all contract documents and required clauses and the plans and specifications,the site and conditions under which the work is to be performed,the Pitkin County Procurement Code,and applicable Colorado law. 5. a. All proposals will be opened and read in public. No proposals may be withdrawn after the beginning of the public opening. The County, in its sole discretion, may delay a proposal opening for no longer than two (2) business days if weather or other circumstances beyond control of proposers results in delay in receipt of proposals. Proposals may be withdrawn at any time prior to the beginning of the public opening or modified by a document executed and delivered in a form substantially similar to the Proposal Form prior to opening. b. All proposals submitted must be valid for a minimum period of sixty(60)days after the date of the proposal opening. During this time, proposers are investigated,evaluated, recommended and submitted to the Board of County Commissioners for final approval at a regular meeting. 6. a. Proposals will be awarded to the lowest responsible and responsive proposer complying with the terms, conditions, guidelines, selection criteria, plans and specifications presented in the Request For Proposals, and these Instructions. All rights are reserved by the County to determine, in the County's sole reasonable discretion,whether the Proposal meets the needs or a purpose intended and is within the project budget. b. Although price may be a major consideration in the award of contract,the County does not award on prices alone. The County also considers the quality of product as judged by the County; past experience with same proposers, subcontractors, products or suppliers; qualifications of the proposers and/or subcontractors or suppliers; services offered; warranties; maintenance considerations; long-range costs; delivery; and similar considerations,all as specified in detail in the Project RFP. C. The County reserves the absolute right to conduct such investigations as it deems necessary to assist in the evaluation of any proposal and to establish the experience, responsibility,reliability,references, reputation, business ethics, history, qualifications and financial ability of the Proposers and proposed subcontractors VII-18 and suppliers. The purpose of such investigation is to satisfy the County that the Proposer has the experience, resources and commercial reputation necessary to perform the work and support any warranties in accordance with the Contract Documents in the prescribed manner and time. d. The County,at its sole discretion, may require the apparent successful Proposer to demonstrate,at a place and time designated by the County, that the proposal meets the performance criteria specified, or to otherwise provide documented proof from independent reliable sources acceptable to the County that said performance criteria will be met prior to final acceptance of the proposal. The burden of proof of such a demonstration is on the or Proposer. In the event that the apparent successful proposer fails to demonstrate or provide acceptable proof of meeting required performance criteria, that proposal will be rejected and the next eligible proposer in the selection ranking will be invited to participate in the same process until a proposal meeting performance criteria is found within the ranking of eligible proposers. The County reserves the rights to reject any or all proposals or to otherwise accept the proposal, which in the County's sole discretion is in the best interest of the County. e. Pitkin County reserves the right, if it deems such action to be in the best interests of the County,to reject any and all proposals or to waive any irregularities or informalities therein. Any incomplete, conclusionary, false or misleading information provided by proposer shall be grounds for rejection of the proposal. If proposals are rejected, the County further reserves the right to investigate and accept the next best proposal in order of ranking or to reject all proposals and re-solicit for additional proposals. f. Any questions or disputes involving the documents or procedures not covered by these Instructions or other proposal documents, shall be resolved by the above-named Procurement Officer on the basis of fairness, custom in the industry,maximization of competition and best interests and convenience of the County. 7. Issuance of Notice Of Award, execution of Contract Documents and issuance of a Notice To Proceed shall be as specified in the Contract Documents and subject to approval by the Board of County Commissioners. 8. Contracts will be executed on standard Pitkin County Contract documents including the County's"Required Clauses" and/or by separate agreement with the proposer. Copies of any applicable standard forms are included with the proposal documents. The County reserves the right to negotiate with the proposer for contract terms not specified in the Proposing Documents. 9. If the contract awarded as a result of a proposal extends beyond the calendar year, nothing herein shall be construed as an obligation by the County beyond any amounts that may be, from time to time,appropriated by the County on an annual basis. It is understood that payment under any contract is conditional upon annual or supplemental statutory appropriation of funds by said governing body and that before providing services, the Proposer, if he/she so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated. VII-19 Rev. 2/26/02 REQUIRED CLAUSES For purposes of these Required Clauses,"Contractor"means United Rentals Highway Technologies,Inc. Contractor shall be subject to the following provisions: 1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CONTRACTING LAW A. The Contractor acknowledges that this Agreement is entered into subject to the requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter, Ordinance # 00-18, approved April 26, 2000). As such, the Contractor agrees to comply with all requirements of said Procurement Code,and such requirements are incorporated herein by this reference. B. The Contractor shall immediately ratify the County Manager in writing of any violation of said Code or statutes by the County's employees or agents, which violation(s) is known or should have been known by him, and failure to so notify the County of any violation(s) within five (5) days of knowledge of such violations shall be considered a breach of this Agreement. Further,such failure to notify the County of violation of the Procurement Code or statutes within five (5)days of knowledge shall be deemed as a waiver of any action or defense that the Contractor may have against the County by reason of such violation of the Procurement Code or statutes. 2. WARRANTIES AGAINST CONTINGENT FEES,GRATUITIES,KICKBACKS AND CONFLICT OF INTEREST A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. B. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of Pitkin County a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request,influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement,or to any solicitation or proposal therefor. C. Gratuity means a payment, loan,subscription,advance deposit of money,services,or anything of more than nominal value,present or promised,unless consideration of substantially equal or greater value is received. D. Kickbacks Prohibited. It shall be a breach of Agreement for any payment,gratuity,or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith,as an inducement for the award of a subcontract or order. The Contractor is prohibited from inducing,by any means,any person employed under this Agreement to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal"anti-kickback"statutes or regulations. E. Conflict of Interest Prohibited. No official,officer,employee or representative of the County during the term of this Agreement or one(1)year thereafter shall have any interest,direct or indirect,in this Contract or the proceeds thereof. (Additional restrictions on present and former employees of County are found in Article 7 of the Procurement Code). F. Sub-Contract Clause. The prohibitions against contingent fees,gratuities,kickbacks and conflict of interest prescribed in this Agreement shall be made a condition of and conspicuously set forth in every sub-contract and solicitation therefor. G. Conspicuously means written in such special or distinctive format,print,or manner that a reasonable person against whom it is to operate ought to have noticed it. VI I-20 H. Remedies. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities,kickbacks and conflict of interest,the County shall have the right to: (1) Terminate this Agreement without liability by the County; (2) Debar or suspend the offending parties from being a contractor or sub-contractor under County contracts; (3) Deduct from the contract price or consideration,or otherwise recover,the value of anything transferred or received by the Contractor;and (4) Recover such value from the other offending parties. 3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISES (DBE/MBE/WBE) A. Pursuant to local,state and/or federal anti-discrimination and affirmative action programs,contractor shall meet all applicable requirements with respect to employment and subcontracting in connection with Disadvantages/Minority/Women individuals and enterprises(DME/MBE/WBE). B. In connection with the execution and administration of this Agreement, and any subcontracts, the Contractor shall not discriminate against any employee or applicant for employment because of race,religion,color, sex,national origin,age,handicap or status as a veteran. C. In connection with the performance of this Agreement,the Contractor will cooperate with the County in meeting the County's commitments and goals with regard to the maximum utilization of disadvantaged,minority and women business enterprises and will use its best efforts to ensure that such business enterprises shall have the maximum practicable opportunity to compete for employment and/or subcontract work, if any, under this Agreement. D. The Contractor will furnish all necessary information and reports and will permit access to its books, records, and accounts by Pitkin County for purpose of investigation to ascertain compliance with the nondiscrimination/affirmative action provisions of any resultant contract. E. Employment Data and Affirmative Action Plan. If requested, the Contractor agrees to submit on an Employment Data Form to be provided by the County, the data showing the utilization of disadvantaged persons, minorities and women by job category within its organization. Where the Contractor has fifty (50) or more employees or it is participating in contracts with the County,which exceed Fifty-Thousand($50,000.00)Dollars,an Affirmative Action Plan must be submitted to the County when requested by the County Attorney's Office within ten(10)days after selection. F. Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination/affirmative action provisions of any resultant contract,Pitkin County shall impose such contract sanctions as it may determine to be appropriate,including,but not limited to: (1) Withholding of payments under the Agreement until the Contractor complies,and/or (2) Cancellation,termination,or suspension of the Agreement,in whole or in part. 4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY A. In addition to the right of cancellation referenced in Paragraph 7 of the Agreement,the performance of work under the Agreement nay be terminated by Pitkin County: (1) Whenever the Contractor shall default in performance of this Agreement in accordance with its terms,and fails to cure or show cause why such failure to perform should be excused within ten(10)days(or longer as the County may allow or shorter, but not less than three(3)days,for failure to provide proof of insurance or maintenance of any dangerous condition)after hand-delivery,facsimile or mailing to the Contractor of a notice specifying the default as provided in Paragraph 11 of the Agreement. The Contractor shall not be in default by reasons of any failure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the VII-21 �� control and without the fault or negligence of the Contractor. Upon request of the Contractor,the County shall ascertain the facts and failure,and, if the County shall determine that any failure to perform consti- tuted a valid commercial excuse, the performance shall be revised accordingly and notice of default withdrawn;or (2) Whenever for any reason and in its sole discretion the County shall determine that such termination is in its best interest and convenience. a. Notice of Termination. In the event of termination, the County shall deliver to the Contractor a written notice of termination,specifying the reasons therefor,and the effective date of such termination. The effective date shall not be earlier than the date of hand-delivery,facsimile or the date of mailing of the notice,as provided in Paragraph 11 of the Agreement. C. Termination Procedure. After the effective date of the notice of cancellation,termination for default or for the convenience of the County,unless otherwise directed by the County,the Contractor shall: (1) Stop work under the Agreement on the date specified in the notice of termination. (2) Place no further orders for materials,services or facilities. (3) Terminate all orders and subcontractors to the extent that they relate to the performance of work terminated by the notice of termination. (4) With the approval or ratification of the County,settle all outstanding liabilities and all claims arising out of such termination on orders or subcontracts, the cost of which would be compensable or reimbursable in whole or in part in accordance with this Agreement. D. Termination Payment. After the effective date of a notice of termination for the convenience of the County,the Contractor shall submit to the County his termination claim in the form of a final invoice in accordance with the provisions in "Method of Payment,"including costs incurred to the date of termination,and costs incurred because of termination, which termination costs shall not exceed 10% of the total amount of proposal; provided, however, that in the event of default by the Contractor, no extra costs incurred because of termination shall be paid to the Contractor and any costs paid shall not be a waiver of any claim,counterclaim or set-off by the County against the Contractor on account of any default. Such claim must be submitted promptly,but in no event later than thirty(30)days from the effective date of termination,unless one or more extensions are granted in writing by the County. Upon the Contractor's failure to submit a claim in the time allowed,the County may review the information available to it and determine the amount due the Contractor, if any,and pay the Contractor the amount as deter- mined. E. Termination Settlement. Subject to Paragraph 4.D.,the Contractor and County may negotiate the whole or any part of the amount or amounts to be paid, if any, upon cancellation, termination for default or for the convenience of the County. F. Remedies. The Contractor shall have the right of appeal from any determination made by the County under "Cancellation or Termination for Default or for Convenience of County;"except that if the Contractor has failed to submit his claim within the time provided in Paragraph 4.D.,above,and has failed to properly request extension, he shall have no such right of appeal. In any case where the County has made a determination of the amount due under Paragraphs 4.D.or 4.E., above, the County shall pay the Contractor:(1) the amount the County has determined if there is no right to appeal or if no timely appeal has been taken,or(2)the amount finally determined on such appeal if an appeal has been taken. G. Method of Appeal. If the Contractor disagrees with the County's determination under Paragraphs 4.1).or 4.E., he can appeal this decision in writing to the County. Such appeal must be made within twenty (20) days of receipt in writing of the County's determination. The County shall have twenty (20) days in which to respond in writing to the appeal. The County's response shall be final and conclusive unless within thirty(30) days from the date of receipt of such response the Contractor submits the dispute to a court of competent jurisdiction or submits a demand for arbitration if required by the Contract Documents. 5. INTEGRATION AND MODIFICATION VI I-22 A. The Agreement constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, the Contractor understands that unless the contract is for goods or services of a value less than$50,000,no County official or employee,other than the Board of County Commissioners acting as a body at a Board meeting, has authority to enter into a contract or to modify the terms of the Agreement on behalf of the County. Any such contract or modification to this Agreement must be in writing and be executed by the parties hereto. B. With respect to change orders under the Agreement, the County and the Contractor shall process and approve/disapprove requests for change orders as otherwise provided in this Agreement, subject to the requirements of the Procurement Code and the Finance Office. 6. INDEMNITY A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives,subcontractors and suppliers),shall and hereby does release,discharge, indemnify and hold harm- less the County of Pitkin and its officials,employees,agents and representatives from and against liability for any claim,demand, loss,damages,penalty,judgment,expenses,costs(including costs of investigation and defense),fees (including reasonable attorney and expert witness fees)or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act,error or omission by the Contractor,and for any consequential liability alleged to accrue against the County on account of the Contractor's acts,errors or omissions;provided,however,that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. B. The Contractor further shall investigate, 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 ex- penses related thereto,even if the claim,demand or lawsuit is groundless,false or fraudulent. 7. INSURANCE A. In whole or in part,the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies,from companies licensed in the State of Colorado,as will protect itself,the County (with the County named as additional insured)and others as specified,from claims for bodily injuries,death, personal injury or property damage, which may arise out of or result from the Contractor's acts,errors or omis- sions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an"X",are required: (1) Statutory Workers'Compensation: Colorado statutory minimums (2) Commercial General Liability-ISO 1998 Form or equivalent (Pitkin County Named Additionally Insured) Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form(All risks)to include(place X by applicable provisions): _X_Premises/Operations _Underground,Explosion 6 Collapse Hazard _X_Products/Completed Operations _X_Contractual Liability _X_Independent Contractors and Subcontractors _X_ Broad Form Property Damage _X_ Personal Injury (3) Business Auto Coverage: Combined Single Limit Liability(each accident) $1,000 000.00 VII-23 Coverage to include(place X by applicable provisions): _X_ Any Auto All Owned Autos _ Hired Autos Non-Owned Autos Garage Liability (4) Special Coverages(check as appropriate and insert amount): —(I)Performance Bond Labor and Material Payment Bond _(2)Professional Errors and Omissions _3)Aircraft Liability _(4)Owner's Protective _(5)Builder's Risk amount of project _(6)Boiler and Machinery _(7)Loss of Use Insurance _(8)Pollution Liability _(9)Crime,including Employee Dishonesty Coverage,or Fidelity Bond PROOF OF INSURANCE SHOULD BE SENT TO: Pitkin County C/o Bert Pearce Road A Bridge Manager 76 Service Center Road Aspen,CO.81611 fax 970-920-5374 B. To provide evidence of the required insurance coverage's, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County(through the County Representative)no later than ten(10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty(30)calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the County's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein,including a change to policy limits as set out in the then-current policy declarations page). Simultaneously with the Certificates of Insurance,the Contractor shall file with the County's Risk Department(and promptly update,as necessary)a certified statement as to claims pending against the required coverages,reserves established on account of such claims,defense costs expended and amounts remaining on policy limits. C. In addition,these Certificates of Insurance shall contain the following clauses: (1) The clause"other insurance provisions,"in a policy in which the County of Pitkin holds a Certificate,shall not apply to the County of Pitkin. (2) 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. (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of,and at the sole expense of the Contractor. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." VI I-24 D. Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or thereafter. E. The County reserves the right to request and receive a copy of any policy and any polity endorsement. B. EXEMPTIONS AND PREFERENCES A. All purchases of construction or building or any other materials for this Agreement shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. B. Pursuant to state statute and to the extent permitted by law,Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project;except for highway construction,which is subject to C.R.S.43-2-208,which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the work is performed. C. Preference is given, to the extent permitted by law, to: materials, supplies and provisions produced, manufactured or grown in Colorado,quality being at least equal to materials,supplies and provisions from outside the state;and to local(Roaring Fork Valley)services and labor of quality at least equal to non-local services and labor. 9. RECORDS The Contractor shall maintain comprehensive,complete and accurate books,records,and documents concerning its performance relating to this Agreement for a period of three(3)years after final payment under the Agreement and the County shall have the right within the three(3)year period to inspect and audit these books,records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards,compliance with all provisions of the Agreement and applicable law. 10. THIRD PARTIES This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties,except to parties to whom Contractor or County may assign this Agreement in accordance with the specific written permission,any rights to claim damages or to bring any suit,action or other proceeding against either the County or Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 11. AGREEMENT MADE IN COLORADO The parties agree that this Agreement was node 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. 12. ATTORNEY'S FEES In the event that legal action is necessary to enforce any of the provisions of this Agreement,the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. GOVERNMENTAL IMMUNITY Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Agreement,the monetary limitations or terms (presently$150,000.00 per person and$600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10- 101,et.seq., C.R.S.,as from time to time amended,or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in these Required Clause or the Agreement 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. 14. 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 VII-25 under this Agreement 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 Agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the Agreement shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This Agreement shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this Agreement shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this agreement restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. VII-26 33 NOTICE TO PROCEED DATE: TO: FROM: Pitkin County Bert Pearce Road & Bridge Manager 76 Service Center Road Aspen CO 81611 You are hereby authorized to proceed on or within ten (10) consecutive calendar day thereafter, with the work covered by the Contract Documents titled: 2002 Pitkin County Road Marking Project for the sum of ( � By: Bert Pearce Road & Bridge Manager VII -28 NOTICE OF FINAL PAYMENT Notice is hereby given that the Board of County Commissioners of Pitkin County, Colorado , hereinafter the "Board," shall make final settlement for the work contracted to be done on the project known as 2002 Pitkin County Road Marking Project, hereinafter the "Project," to United Rentals Technologies, Inc., hereinafter the "Contractor," on Any person, co-partnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by the Contractor or his subcontractors in or about the performance of the work contracted to be done or that supplies rental machinery, tools, or equipment to the extent used in the prosecution of the work, whose claim therefor has not been paid by the Contractor or his subcontractors shall file with the Board written verified notice of such claims at any time up to and including the time of final settlement first stated above or forever waive any and all claims, without limitation, pursuant to 1973 CPS 38-26-107, as amended, against the Board of County Commissioners, Pitkin County, Colorado and the Project. All claims must be addressed as follows: Board of County Commissioners c/o Bert Pearce, Procurement Officer 76 Service Center Road Aspen, CO. 81611 VII -29 � 5 CERTIFICATE OF SUBSTANTIAL COMPLETION Project Name: 2002 Pitkin County Rood Marking Project Contractor: Contract Date: Contract for striping of County roads. Project shall include striping of crosswalks and roads. Definition of Substantial Completion: The date of "Substantial Completion" of the project (or specified part of the project) is the date when construction is sufficiently completed, in accordance with the Contract Documents, so that the project (or specified part of the project) can be used for the purposes for which it was intended. To (Insert name of Contractor): Date of Substantial Completion: (Insert date) The work performed under the above-referenced Contract has be inspected by authorized representatives of Pitkin County and (Contractor), and the project 2002 Pitkin County Road Marking Project is declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is attached to this Certificate. This list may not be exhaustive,and the failure to include an item does not alter the responsibility of the Contractor to complete all of the work in accordance with the Contract Documents. Contractor will complete these items within days of the date of Substantial Completion. The date of Substantial Completion is the date upon which all guarantees and warranties begin, except as noted below. The responsibilities between Pitkin County and Contractor for maintenance, heat, and utilities shall beset forth below. Dated: Bert Pearce Procurement officer Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on tentative list within the time indicated. Dated: Signature of Contractor VII -30 Responsibilities of Pitkin County: none Responsibilities of Contractor: to supply and stripe County roads as in exhibit "A". Exceptions to guarantees and warranties: none VI -31 NOTICE OF FINAL ACCEPTANCE Project:_2002 Pitkin County Road Marking Project Contract Date: Contractor: This is to certify that all of the work required under the above-referenced contract, (as amended), has been completed; that the work has been inspected by Pitkin County and has been found to comply with the terms and conditions of Contract Documents governing the same. Therefore, all work under the above Contract is accepted on behalf of Pitkin County as of the date written below. Notice of Final payment will be advertised (date)and final payment will be made on (date). Dated: Date upon which warrantee is to start Pitkin County Board of County Commissioners By: Bert Pearce Procurement officer Contractor: date: VII -32 NOTICE OF FINAL PAYMENT Notice is hereby given that the Board of County Commissioners of Pitkin County, Colorado , hereinafter the "Board," shall make final settlement for the work contracted to be done on the project known as 2002 Pitkin County Road Marking Project, hereinafter the "Project," to United Rentals Technologies, Inc., hereinafter the "Contractor," on Any person, co-partnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by the Contractor or his subcontractors in or about the performance of the work contracted to be done or that supplies rental machinery, tools, or equipment to the extent used in the prosecution of the work, whose claim therefor has not been paid by the Contractor or his subcontractors shall file with the Board written verified notice of such claims at any time up to and including the time of final settlement first stated above or forever waive any and all claims, without limitation, pursuant to 1973 CPS 38-26-107, as amended, against the Board of County Commissioners, Pitkin County, Colorado and the Project. All claims must be addressed as follows: Board of County Commissioners c/o Bert Pearce, Procurement Officer 76 Service Center Road Aspen, CO. 81611 VII -29 3q CERTIFICATE OF SUBSTANTIAL COMPLETION Project Name: 2002 Pitkin County Road Marking Project Contractor: Contract Date: Contract for striping of County roads. Project shall include striping of crosswalks and roads. Definition of Substantial Completion: The date of "Substantial Completion" of the project (or specified part of the project) is the date when construction is sufficiently completed, in accordance with the Contract Documents, so that the project (or specified part of the project) can be used for the purposes for which it was intended. To (Insert name of Contractor): Date of Substantial Completion: (Insert date) The work performed under the above-referenced Contract has be inspected by authorized representatives of Pitkin County and (Contractor),and the project 2002 Pitkin County Road Marking Project is declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is attached to this Certificate. This list may not be exhaustive, and the failure to include an item does not alter the responsibility of the Contractor to complete all of the work in accordance with the Contract Documents. Contractor will complete these items within days of the date of Substantial Completion. The date of Substantial Completion is the date upon which all guarantees and warranties begin, except as noted below. The responsibilities between Pitkin County and Contractor for maintenance, heat, and utilities shall be set forth below. Dated: Bert Pearce Procurement officer Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on tentative list within the time indicated. Dated: Signature of Contractor VII -30 �v Responsibilities of Pitkin County: none Responsibilities of Contractor: to supply and stripe County roads as in exhibit "A". Exceptions to guarantees and warranties: none VII -31 NOTICE OF FINAL ACCEPTANCE Project:_2002 Pitkin County Road Marking Project _ Contract Date: Contractor: This is to certify that all of the work required under the above-referenced contract, (as amended), has been completed; that the work has been inspected by Pitkin County and has been found to comply with the terms and conditions of Contract Documents governing the some. Therefore, all work under the above Contract is accepted on behalf of Pitkin County as of the date written below. Notice of Final payment will be advertised (date) and final payment will be made on (date). Dated: Date upon which warrantee is to start Pitkin County Board of County Commissioners By: Bert Pearce Procurement officer Contractor: date: VII -32