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HomeMy WebLinkAboutbocc.con.062.2017 )1 1 h.r ` Pitkin County C'ti'" ' Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by ContractorNendor and Pitkin County Project Lead. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement hclpra'pitkincount) corn). 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 062.2017 Project Name Plumbing Services at County Facilities Contractor 2H Mechanical Budget Line Item Various $ Additional Budget Line $ Item(s) $ (Please fully allocate New $ Contract Total) $ Contract Start Date 2/13/2017 Contract End Date 2/12/2108 Automatic Renewal Yes IN NoD If Construction. Retainage Yes$ or °/ No® If this is a new contractor,please request they complete and submit to Finance a W-9 Form. Contact Information: Department Facilities Project Manager Jodi Smith Project Manager (970)920-5396 Phone Provide a brief description of the contract: On-call plumbing services for the County Facilities Contract Value Summary: Original Contract Amount NTg 42.5,peo/pbt0.0t3$0.00 Previous Change Order/Amendment Amount of applicable) $0.00 This Change order/Amendment amount Of applicable) $0.00 New Contract Total $ 0.00 Procurement Method: None ❑ Informal® Formal ❑ Sole Source 0 Emergency 0 Contract Renewal 0 Contract Type: Services/Maintenance ® Construction 0 Goods, Equipment, Supplies 0 Change Order/Amendment 0 Other, please explain 0 Click herr to tinter text NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract#062 2017 Revwon 10/05/2016 eh Budget Line Item#Various y 49iTKI N COUNTS • PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES PLUMBING SERVICES AT PITKIN COUNTY FACILITIES THIS CONTRACT, made February 10, 2017 by and between the Board of County Commissioners of Pitkin County, Colorado, 123 Emma Rd.. Suite #106, Basalt, CO 81621. (hereinafter called the"County")and 21-1 Mechanical LLC. 566 S Westgate Drive,Grand Junction. CO 81505 (hereinafter called the"Contractor")to perform the following work: Plumbing Services ("Project"). I. Term of Contract: The term of this contract is from February 13, 2017 to February 12. 2018. At the expiration of the initial term, the contract may be extended for three (3) additional terms of one (I) year by the express written consent of both parties 11. Contractor's Obligations. Contractor shall provide plumbing services to the County at the following locations: • Pitkin County Courthouse. 506 East Main Street, Aspen, Colorado 81611 • Pitkin County Jail: 485 Rio Grande Place,Aspen, Colorado 81611 • Pitkin County Library: 120 North Mill Street. Aspen. Colorado 81611 • Pitkin County Health and Human Services: 0405 Castle Creek Road,Aspen, Colorado 81611 • Pitkin County Public Works: 76 Service Center Road, Aspen. Colorado 81611 • Aspen Ambulance District: 0401 Castle Creek Road, Aspen, Colorado 81611 • Pitkin County Landfill: 2040 Highway 82, Snowmass, Colorado 81615 • Redstone Bathroom & Redstone Park: Redstone, Colorado 81623 • Pitkin County Ute City Building: 501 East Hyman Ave., Units#106& 205, Aspen, Colorado 81611 • Pitkin Count} Vectra Bank Office: 534 East Hyman Ave., Lower Level, Aspen, Colorado 81611 • Basalt River Park Building 123 Emma Road. Basalt CO 81621 Normal hours of service are 7:00 a.m.to 5:00 p.m. Monday-Friday. The contractor will occasionally be required to work non-traditional hours which includes weekends and holidays. Pitkin County expects quality work, which may exceed minimum industry standards. Needed sen ices during the contract period will be requested through the issuance of work orders. All work orders should have a building name and/or work order number and should be referenced on all invoices and statements. There is no guaranteed minimum amount of seryices to be ordered. No single 1 Contract#062.2017 Revision 10/05/2016W Budget Line Item#Various work order shall exceed S25,000 at any time. Pitkin County reserves the right to supply any or all materials. The service shall include, but is not limited to: I. Provide or schedule normal services as established in the work order within seven (7)working days. Response is determined to mean that all work shall commence within the specified time frames where the necessary parts are readily available. When parts need to be ordered, the parts shall be ordered within the specified time frames and work will commence within seventy-two (72)hours upon receipt of the parts. 2. Provide emergency or urgent requested services within four(4) hours of request. 3. Pros ide an after normal work hours, phone number to be used by the County to request emergency or urgent needed services. 4. Workmanship level shall be the standard of practice and acceptable to the Facility Director or designee. 5. Contractor shall install energy efficient parts and/or equipment on all County jobs, unless authorized by the County Facilities Director. 6. Contractor shall attempt to recycle all parts and or equipment removed from the county assets. 7. Job site clean-up must be done at the end of each day and again at the end of each job/project County dumpsters shall not be used for plumbing debris, unless authorized by Facilities Director or designee prior to doing so. S Proposal shall include the total cost to the County,to include actual cost and any markups that may apply. 9. Maximum of two(2)hour per trip/service of travel time shall be allowed for billable hours, unless otherwise approved by the facilities supervisor prior to the commencement of travel. 10. Provide all documentation on all work completed: panel schedules, instructions, data sheets, warranties,etc. I I Notify the Facilities Director of any items discovered while working on County assets: submit written recommendations for corrective measures including scope and estimated cost. UNSATISFACTORY PERFORMANCE County may consider the following performance by the vendor as unsatisfactory performance. An unsatisfactory performance determination shall not be limited to the following: In excess of one service "call back" to correct the same problem within 30 consecutive calendar days. In excess of one instance within one calendar year of vendor personnel assigned to an authorized service call not having the skill or knowledge to diagnose the problem and/or perform the repair. 2 Contract#062.2017 new5on 10/05/2016 btf Budget Line Item#Various In excess of two instances within one calendar year of response time, as defined in this specification, to an authorized service call exceeding the two-hour limit. PERFORMANCE WARRANTY Work performed under the purchase order shall meet all applicable requirements of the latest revision of the Mechanical. National Electrical and Unified Building and Plumbing codes. The vendor shall guarantee all w ork included in the purchase order against any defects in workmanship: and shall satisfactorily correct, at no cost to County, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by County. MATERIAL WARRANTY Parts furnished under the purchase order shall be the latest improved models in current production, as offered to commercial trade, and shall be of quality material. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED OR DISCONTINUED MODELS OR MATERIALS ARE NOT ACCEPTABLE. The warranty period for vendor provided materials shall be for a period of one year after completion of the installation or w ithin the manufacturer's warranty, whichever is the later period. The warranty period shall commence upon date of acceptance by County. Contractor shall provide the authorized County representative with all manufacturers' warranty documents upon completion of installation and prior to leaving the job site. SAFETY Contractor shall provide all equipment and tools which shall be the appropriate type for the task to which its use has been assigned and shall be well maintained, calibrated,and in proper working order before use in the performance of the service. Contractor shall, prior to commencing work, thoroughly examine and become familiar with the system(s) and associated facilities to ensure the service can be completed in an orderly, safe manner. Contractor shall maintain a safe work environment at all times. Contractor shall report immediately to County's authorized representative the existence of unsafe condition(s),which will compromise the performance of the service. RATES AND INVOICING Normal Hours: Monday-Friday 7am-5pm Job Title Normal Hours: Overtime I Sunday and Monday — Friday (Except I Holiday Rates 7am-5pm Sunday) Laborer $80.00/hr. $ 117.50/hr $ 155.00/hr. Journeyman $100.00/hr. $ 147.50/hr. $ 195.00/hr. Foreman $110.00/hr. $ 162.50/hr. $ 215.00/hr. Contractor shall issue invoices independently for each service upon completion. 3 Contract#062.2017 Revision 10/05/2016 by Budget line Item#Various III. Compensation and Expenses. Invoicing. Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Section II By contract or amendment. the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty(30)days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. IV. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the County. However,Contractor shall have the right to utilize such documents in the course of its marketing,professional presentations,and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: 1) reproduce the work: 2) prepare derivative works: 3) distribute copies to the public: 4) perform the works publicly: and 5)to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations,articles, speeches and other business purposes. V. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Jodi Smith, Facilities Director will manage the project as the County's Representative. In the event that Jodi Smith is not available. an alternate will be identified and shall assume the County Representative's duties. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. VI 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 (IC) 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 Count}'s property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory 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. VII. 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. 4 Contract a 062 2017 Revision 10/05/2016 btf Budget Line Item a Various 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 Contractors 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. VIII. 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. IX. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. X. Severability. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. Xl. Integration and Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either tuitten or oral. This contract may be amended only by written contract signed by both the County and the Contractor. B. The County may',from time to time,request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. 5 Contract#062.2017 nemsoon 10/05/2016 eq Budget the Item#Various XII. Indemnity A The Contractor agrees to indemnify.hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent. associated and/or affiliated entities, successors. or assigns. its elected officials, trustees. employees. agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project. hereinafter referred to as indemnitee. from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done In fulfillment of the terms of this Contract or on account of any act,claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree It is agreed that the Contractor will be responsible for primary loss investigation,defense and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents.and volunteers for losses arising from the work performed by the Contractor for the County 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 expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. XIII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied,insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by 6 Contract#062.2017 RNmon 10/05/2016 dr] Budget Line Item#Various reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3)years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the cos erage is written on a"following form" basis. I) Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500.000 $ 500.000 2) Commercial General Liability— ISO ICG 0001 form or equivalent. (With County named as an 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 Project(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) 7 Contract#062 2017 Revision 10/05/2016 btf Budget Line Item#Venous • 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: Statutory Coverage Bodily/Property Damage(Each Accident) $ 1,000,000 4) Special Coverages (check as appropriate and insert amount). a. E Performance Bond $ b. E Professional Errors and Omissions c. E Aircraft Liability d. 0 Owner's Protective e. E Builder's Risk f 0 Boiler and Machinery g. E Loss of Use Insurance h. E Pollution Liability i. E Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended. voided or canceled except after thirty(30)days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement Help a'pitkincounty.com. If the insurance carrier will not provide the required notice. the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers' notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead 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. 8 Contract#062 2017 Revision 10/0s/2016 eh Budget Line Item#Various 2) In addition,these Certificates of Insurance shall contain the following clauses: a. The contractors insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of and at the sole expense of the Contractor. d. Location of operations shall be. "all operations and locations at which work for the referenced Project is being done:' 3) Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (1S) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. XIV. Exemptions and Preferences. All purchases of construction or building or any other materials for this contract 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. XV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records,and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract 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 contract and applicable law. XVI. 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. XVII. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. XVIII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or 9 Contract#062.2017 Revision 10/O5/2016 bit Budget Line Item P Various 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 this contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to am person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XIX. 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. No provision of the contract shall be construed or interpreted as creating a multiple-fiscal y ear director indirect debtor other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract 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 contract 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 contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. XX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified regular mail,postage pre- paid to the addresses of the parties as follows. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. To Pitkin County. with copies to: Jodi Smith Pitkin County Attorney's Office 485 Rio Grand PI., Unit#101 123 Emma Rd.. Suite#204 Aspen. CO 81611 Basalt, Colorado 81621 Email: Jodi.Smith a PitkinCounty com Email: Attorney@pitkincounty.com To Contractor: 21-1 Mechanical LLC 566 S Westgate Drive Grand Junction, CO 81505 Phone: (970) 778-4560 Email: Rickyy112HMechanical.com 10 Contract#062.2017 Revision 10/05/2016 eq Budget Line Item#Various 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. § 24-76.5101. 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 three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (e) 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 pros ision 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. 11 Contract#062 2017 Revision 10/05/2016 ery Budget Line Item#Various IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. 2H Mechanical LLC 3710 / Signature Date ice- k A � toorgic T2Es ID Printed Name Title PITKIN COUNTY, COLORADO RECO ENDED F R APP VAL: 240' Jodi Smith hal Da 12 �)J,h1N Pitkin County uN 0 Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by ContmetorNendor and Pitkin County Project Lead. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement help�alpitkincomnv.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 062.2017 Project Manager Jodi Smith Project Name Plumbing Services at County Facilities $ 0.00 Contractor 2H Mechanical Budget Line Item Various $ Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ $ $ $ Contract Start Date 2/13/2017 Contract End Date 2/12/2108 Automatic Renewal Yes ® No❑ If Construction: Retainage Yes $ or % No® If this is a new contractor, please request they complete and submit to Finance a W-9 Forth. Contact Information: Department Facilities Project Manager Jodi Smith Project Manager Phone (970) 920-5396 Provide a brief description of the contract: On-call plumbing services for the County Facilities Contract Value Summary: Ori final Contract Amount T6 dz5,oe / 0.00 Previous Change Order/Amendment Amount (if a licable) $ 0.00 This Change order/Amendment amount (ira licable) $0.00 New Contract Total $ 0.00 Procurement Method: None ❑ Informal® Formal ❑ Sole Source ❑ Emergency ❑ Contract Renewal ❑ Contract Type: Services/Maintenance ® Construction ❑ Goods, Equipment, Supplies ❑ Change Order/Amendment ❑ Other, please explain ❑ 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 N 062.2017 rte.wm: 10/0512016 eq Budget Line Item d Various '0 1TI(IN r COUNTt 0 • o PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES PLUMBING SERVICES AT PITKIN COUNTY FACILITIES THIS CONTRACT, made February 10, 2017 by and between the Board of County Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite 4106, Basalt, CO 81621, (hereinafter called the "County") and 2H Mechanical LLC. 566 S Westgate Drive, Grand Junction, CO 81505 (hereinafter called the "Contractor") to perform the following work: Plumbing Services ('Project'). Term of Contract: The term of this contract is from February 13, 2017 to February 12, 2018. At the expiration of the initial term, the contract may be extended for three (3) additional terms of one (1) year by the express written consent of both parties. II. Contractor's Obligations. Contractor shall provide plumbing services to the County at the following locations: • Pitkin County Courthouse: 506 East Main Street, Aspen, Colorado 81611 • Pitkin County Jail: 485 Rio Grande Place, Aspen, Colorado 81611 • Pitkin County Library: 120 North Mill Street, Aspen, Colorado 81611 • Pitkin County Health and Human Services: 0405 Castle Creek Road, Aspen, Colorado 81611 • Pitkin County Public Works: 76 Service Center Road, Aspen, Colorado 81611 • Aspen Ambulance District: 0401 Castle Creek Road. Aspen, Colorado 81611 • Pitkin County Landfill: 2040 Highway 82, Snowmass, Colorado 81615 • Redstone Bathroom & Redstone Park: Redstone, Colorado 81623 • Pitkin County Ute City Building: 501 East Hyman Ave., Units 4106 & 205, Aspen, Colorado 81611 • Pitkin County Vectra Bank Office: 534 East Hyman Ave., Lower Level, Aspen, Colorado 81611 • Basalt River Park Building: 123 Emma Road, Basalt. CO 81621 Normal hours of service are 7:00 a.m. to 5:00 p.m. Monday -Friday. The contractor will occasionally be required to work non-traditional hours which includes weekends and holidays. Pitkin County expects quality work, which may exceed minimum industry standards. Needed services during the contract period will be requested through the issuance of work orders. All work orders should have a building name and/or work order number and should be referenced on all invoices and statements. There is no guaranteed minimum amount of services to be ordered. No single Contract k 062.2017 10/05/2016 by Budget Line aem k Various work order shall exceed $25,000 at any time. Pitkin County reserves the right to supply any or all materials. The service shall include, but is not limited to: I. Provide or schedule normal services as established in the work order within seven (7) working days. Response is determined to mean that all work shall commence within the specified time frames where the necessary pans are readily available. When parts need to be ordered, the parts shall be ordered within the specified time frames and work will commence within seventy-two (72) hours upon receipt of the parts. 2. Provide emergency or urgent requested services within four (4) hours of request. 3. Provide an after normal work hours, phone number to be used by the County to request emergency or urgent needed services. 4. Workmanship level shall be the standard of practice and acceptable to the Facility Director or designee. 5. Contractor shall install energy efficient parts and/or equipment on all County jobs. unless authorized by the County Facilities Director. 6. Contractor shall attempt to recycle all pans and or equipment removed from the county assets. 7. Job site clean-up must be done at the end of each day and again at the end of each job/project County dumpsters shall not be used for plumbing debris, unless authorized by Facilities Director or designee prior to doing so. 8. Proposal shall include the total cost to the County, to include actual cost and any markups that may apply. 9. Maximum of two (2) hour per trip/service of travel time shall be allowed for billable hours. unless otherwise approved by the facilities supervisor prior to the commencement of travel. 10. Provide all documentation on all work completed; panel schedules, instructions, data sheets, warranties, etc. 11. Notifv the Facilities Director of any items discovered while working on County assets: submit written recommendations for corrective measures including scope and estimated cost. UNSATISFACTORY PERFORMANCE County may consider the following performance by the vendor as unsatisfactory performance. An unsatisfactory performance determination shall not be limited to the following: In excess of one service "call back" to correct the same problem within 30 consecutive calendar days. In excess of one instance within one calendar year of vendor personnel assigned to an authorized service call not having the skill or knowledge to diagnose the problem and/or perform the repair. Contract k 062.2017 ee.s,on 10/0512016btf Budget Line Item k Various In excess of two instances within one calendar year of response time, as defined in this specification, to an authorized seryice call exceeding the two-hour limit. PERFORMANCE WARRANTY Work performed under the purchase order shall meet all applicable requirements of the latest revision of the Mechanical. National Electrical and Unified Building and Plumbing codes. The vendor shall guarantee all work included in the purchase order against any defects in workmanship: and shall satisfactorily correct, at no cost to County, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by County. MATERIAL WARRANTY Parts famished under the purchase order shall be the latest improved models in current production, as offered to commercial trade, and shall be of quality material. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED OR DISCONTINUED MODELS OR MATERIALS ARE NOT ACCEPTABLE. The warranty period for vendor provided materials shall be for a period of one year after completion of the installation or within the manufacturer's warranty, whichever is the later period. The warranty period shall commence upon date of acceptance by County. Contractor shall provide the authorized County representative with all manufacturers' warranty documents upon completion of installation and prior to leaving the job site. SAFETY Contractor shall provide all equipment and tools which shall be the appropriate type for the task to which its use has been assigned and shall be well maintained, calibrated, and in proper working order before use in the performance of the service. Contractor shall, prior to commencing work, thoroughly examine and become familiar with the system(s) and associated facilities to ensure the service can be completed in an orderly, safe manner. Contractor shall maintain a safe work environment at all times. Contractor shall report immediately to County's authorized representative the existence of unsafe condition(s), which will compromise the performance of the service. RATES AND INVOICING Normal Hours: Monday — Friday 7am-5pm Job Title Normal Monday — 7am-5 m Hours: Overtime Friday (Except Sunday) Sunday and Holiday Rates Laborer $80.00 / hr. $ 117.50 /hr $ 155.00 /hr. Journeyman $100.00 / hr. $ 147.50 /hr. $ 195.00 /hr. Foreman S 110.00 / hr. $ 162.50 /hr. $ 215.00 / hr. Contractor shall issue invoices independently for each service upon completion. Contract a 062.2017 Budget Line Item k Various Revision: ]0/05/20]6 btr III. Compensation and Expenses. Invoicing. Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Section 11. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. IV. Countv's Exclusive Ownership of Work Product. Drawings, specifications. guidelines and otherdocuments prepared by Contractor in connection with this contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and forother business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: I reproduce the work: 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. V. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Jodi Smith, Facilities Director will manage the project as the County's Representative. In the event that Jodi Smith is not available, an alternate will be identified and shall assume the County Representative's duties. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. VI. 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 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. VII. 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, Contract # 062.2017 Budget Line Item # Various Revision: 1010512016 be 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. Contmetor 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. VIII. 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. IX. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. X. Sevembility. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. XI. Integration and Modification. A. 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. B. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become pan of this contract. Contract # 062.2017 Budget Line Item k Various ae.rsmn: 10/0512016 ett XII. Indemnitv. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees. agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense andjudgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees. agents, and volunteers for losses arising from the work performed by the Contractor for the County. 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 expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. XIII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by Contract» 062.2017 Budget Line Item p Various nevnmn 10/05/2016 nU reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or apes. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a "following form" basis. I) Statutory Workers Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A(Workers Compensation) Statutory Coverage B (Employers Liability) $ 500.000 $ 500,000 $ 500.000 2) Commercial General Liability— ISO I CG 0001 form or equivalent. (With County named as an 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 Project(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) 7 Contract # 062.2017 Budget Line Item p Various Revisan: 10105/2016 bn 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: Statutory Coverage Bodily/Property Damage (Each Accident) S 1,000,000 4) Special Coverages (check as appropriate and insert amount): a. ❑ Performance Bond $ b. ❑ Professional Errors and Omissions c. ❑ Aircraft Liability d. ❑ Owner's Protective e. ❑ Builder's Risk E ❑ Boiler and Machinery g. ❑ Loss of Use Insurance In. ❑ Pollution Liability i. ❑ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except afterthirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement lielnapitkincountv.com. If the insurance carrier will not provide the required notice, the Consurmt/Contmctor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers' notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead 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. Contract # 062.2017 aem5ron:1010512016 by Budget Line Item # Various 2) In addition, these Certificates of Insurance shall contain the followine clauses: a. The contractor's insurance shall be primary and non-contributory with any insurance or self-insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self-insured retentions in the above- described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3) Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. XIV. Exemptions and Preferences. All purchases of construction or building or any other materials for this contract 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. XV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract 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 contract and applicable law. XVI. 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. XVII. Attomev's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. XVIII. Governmental Immunitv. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or Contract # 062.2017 Budget Line Item # Various Revision: 1010512om by 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 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. XIX. 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. No provision of the contract shall be constmed 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 contract 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 contract 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 contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. XX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be hand -delivered or sent by registered or certified regular mail, postage pre- paid to the addresses of the parties as follows. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. To Pitkin County: Jodi Smith 485 Rio Grand PI., Unit 9101 Aspen. CO 81611 Email: Jodi.Smith@PitkinCounty.com To Contractor: 2H Mechanical LLC 566 S Westgate Drive Grand Junction. CO 81505 Phone: (970) 778-4560 Email: Ricky@2HMechanical.com 10 with copies to: Pitkin County Attorney's Office 123 Emma Rd., Suite #204 Basalt, Colorado 81621 Email: Attomey@pitkincounty.com Contract k 062.2017 Budget line Item k Various Revisiona0/05/2016 btf XXL 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 shat l 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 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. 11 Contract # 062.2017 Budget Line Item # Various Revision: 10/05/2016 btf IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. 2H Mechanical LLC alk') Signature Date (4� ie ui �6C �(jESIpevv(- Printed NaarrrIie Title PITKIN COUNTY, COLORADO REC0Ja1. LADED F R APP OVAL: Jodi Smith Date 12