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HomeMy WebLinkAboutbocc.con.204.2017 1�� I Pitkin County C"t ^ ' Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by ContractorNendor and Pitkin County Representative. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (pi ocurementaupitkincountv.com).Any contracts$50,000 and over will be routed for signatures to County Manager and Attorney's Office(if required)by Procurement. Contract Information Contract Number 204.2017 Project Name Countywide Guardrail Repair Contractor Ideal Fence Corp Budget Line Item 110.54 96700.82002 $ 50.000,00 Additional Budget Line 110 54.96300.82900 $47.513 05 Item(s) S (Please fully allocate New $ Contract Total) $ Contract Start Date 8/14/2017 Contract End Date 11/15/2017 Automatic Renewal Yes ❑ No® If Construction. Retainage Yes $ or 4 NoN If this is a new contractor,please request they complete and submit to Finance a New Vendor Request corm. Contact Information: Department Public Works Project Manager G K Fielding Project Manager (970)920-5206 Phone Provide a brief description of the contract: 2017 Guardrail Repair Project _ Contract Value Summary: Original Contract Amount _ _ $97,513.05 Previous Change Order/Amendment Amount Of applicable) $0.00 This Change order/Amendment amount I if applicable) $0.00 New Contract Total $97,513.05 Procurement Method: None ❑ Informal❑ Formal N Sole Source ❑ Emergency ❑ Contract Type: Services/Maintenance U Construction El Goods, Equipment, Supplies ❑ Change Order/Amendment 0 Contract Renewal 0 Other, please explain ❑ Click here to enter text NOTE: CLERKS OFFICE WILL KEEP ORIGINAI. DOCUMENTS IN COMPLIANCE WITH COLORADO STA I E ARCHIVES RE I AINAGE SCHEDULE. ALL ATTACHMENTS MUST BE.WITH THIS CHECKLIST. Contract#bocc.con.204.201 7 Rn 8.2015 kjtn LAW N .18 e NOTICE OF AWARD Date: August 4, 2017 To. Ideal Fencing Corp. 5795 Ideal Dnve Erie, CO 80516 Re RFP 204 2017 Countywide Guardrail Repair Project The Owner, having duly considered the Proposal submitted on July 26, 2017, for the work or purchase covered by the RFP Countywide Guardrail Repair Project in the amount of ninety-seven thousand five hundred thirteen dollars and five cents (S97,513.05),and it appeanng that the Pnce and other information in your 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 to one original of contract within ten(10)consecutive days from this Notice of Award. In addition,you are required to furnish in the said time Certificates of Insurance evidencing YU11lp11a11cc FY'1[h the rc uucIIIGnI fvi II15Y[IlI16G t15 Dcated in the Contract Dvcamcntc to nl nom onlofEll+plmmeomll7•eom ram uiuiui nuy-04_=0 7 Pact] Smentist Date ----==ACCEPTANCE OF NOTICE=------------ Receipt of the above Notice of Award is hereby acknowledged 90/ j VT, Aug-07-2017 David 7 El ger Date Vire president Contract#204 2017 Rev 2 13 I krm Budget Line Item# 110 54 96700 82002 _AJ Li N '1 PITKIN COUNTY CONSTRUCTION CONTRACT COUNTYWIDE GUARDRAIL REPAIRS THIS CONTRACT, made August 4, 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 Ideal Fencing Corp, 5795 Ideal Drive, Erie, CO 80516 (hereinafter called the "Contractor") to perform the following work: Countywide Guardrail Repairs ("Project ). 1 Term of Contract:The term of this contract is from August 14,2017 to November 15.2017 II Scope of Work and Work Schedule: A. Scope of Work: As per the plans (Exhibit A), CDOT Standard Specifications for Road and Bridge Construction, 2011 or as amended in the standard Special Provisions and Project Special Provisions (Exhibit B), all attached hereto. B All work performed under this Contract shall be done according to the following work schedule: Per the Contractor's submitted proposal (Exhibit C) attached hereto, work shall be completed no later than November 15, 2017. III. Payment: The County agrees to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract, the total price of ninety-seven thousand five hundred thirteen dollars and five cents ($97,513.05) in accordance with this Contract, subject to increase or decrease in accordance with the provisions of this Contract, but any payment by the County may be offset by any amount the Contractor owes the County for any reason A. Payment Procedures I I Contractor shall submit applications for payment monthly for work done to date. 2) Progress payments for Contracts exceeding one hundred fifty thousand dollars($150,000.00) a. County shall make progress payments, within thirty (30) days of County's approval of Contractor's pay request. b In accordance to amend Section 2 Colorado Revised Statutes (C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty thousand dollars($150,000.00)and if the Contractor is satisfactorily performing this contract, progress payments shall be in an amount equal to ninety-five percent (95%) of the calculated value of completed Project work If, in the opinion of the Project Lead and Conti act#204 2017 Rel 213 111#331 Budget line Item 4 110 54 96700 822002 County, satisfactory progress is not being made on the Project, or if claims are filed under Section C R S. § 38-26-107, as amended, County may retain such additional amounts as County may deem necessary to assure completion of the Project or to pay such claims and any Project Lead's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of this Contract. Progress payments shall not constitute final acceptance of the Project. 3) County shall make final payment, including release of retainage, to Contractor in accordance with this Contract and Section C.R.S § 38-26- 107, as amended. IV Contractor Obligations: A. Supervision and Supenniendence I) The Contractor shall supervise and direct the Project competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Project in accordance with this Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Project compiles accurately with this Contract. 2) The Contractor shall appoint and identify to the County and Project Lead, a competent on-site superintendent to he kept on the Project at all times during its progress and who shall not be replaced without written notice to the County and the Project Lead except under extraordinary circumstances The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor All communications given to the superintendent shall be as binding as if given to[h@ Cornractnr R Qibcontmelnrc. G:!4$Ii P anti(Jlhnrn fl The fl.mlractor hall not employ 445 etlhMeteaetor. aul+pllar OF other or organ ant:on Cnclud,ng those accentahle to the Counts,and the Project Lena. whcther in:dally or ac a suhci;tulel against whom the Conroy r, the Project Lead may have reasonable objection 2) The identity of subcontractors, suppliers or other persons or organizations mewing those who arc to funush the principal items of matenals and equipment must be submitted to the County in advance of any work performed or materials supplied under this Contract for acceptance by the County and the Project Lead.No acceptance by the County or the Project Lead of any such subcontractor, supplier or other person or organization Contract#204 2017 Re, _U/'Aim Budget Line Item# 110.54 96700 82002 shall constitute a waiver of any right of the County or the Project Lead to reject defective Project work. 3) The Contractor shall be fully responsible to the County and the Project Lead for all acts and omissions of the subcontractors, suppliers and other persons and organizations performing or furnishing any of the Project work under a direct or indirect Contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions Nothing in this Contract shall create any Contractual relationship between the County or the Project Lead and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of the County or the Project Lead to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations 4) All Project work performed for Contractor by a subcontractor will be pursuant to an appropriate Contract between the Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of this Contract for the benefit of the County and the Project Lead C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and assume all costs incident to their use in the performance of the Project or the incorporation in the Project of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the County and the Project Lead and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights or copyrights incidental to the use in the performance of the Projector resulting from the product or device not specified in this Contract, and shall defend all such claims in connection with any alleged infringement of such rights. D Permits. Unless otherwise provided in this Contract, the Contractor shall obtain and pay for all construction permits and licenses The County shall assist the Contractor,when necessary,in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Project. The Contractor shall pay all charges of utilities for connections to the Project, and the County shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees E Laws and Regulations The Contractor shall be familiar with and shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing and performance of the Project including rules, regulations, and ordinances the County promulgates at any time. Except where otherwise expressly required by applicable laws and regulations,neither the County nor the Project Lead shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. 3 Contract 4 204 2017 Re, 2 13 141.4n Budget Line Item# 110 54.96700 82002 F Taxes The Contractor shall pay all existing and future applicable federal, state and local sales,consumer,use and other similar taxes whether direct or indirect. Federal excise tax may not apply to materials purchased by the County.The Contract price shall include all other federal, state, andlor local direct or indirect taxes, which do apply The Contract price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the County (except as provided in this Contract) The Contractor shall not be reimbursed separately for any taxes, which may apply except as provided in this Contract, and the Contractor shall be responsible for all taxes,which may apply. The County is tax exempt from Federal Excise Tax and Colorado State or local sales or use taxes The Contractor and its subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the County. G Use of Premises I) The Contractor shall confine construction equipment,the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by this Contract,law,ordinances, and permits. The Contractor shall assume full responsibility for any damage to any such land or area, or to the County or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Project. Should any claim be made against the County or the Project Lead by any such owner or occupant because of the performance of the Project, Contractor shall promptly settle with such other party. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the County harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party dzalnst the County or the Prolrvt LcaG to the cant baccd on a aloins i nGInLI tillt nfthl=[nnIfitclolk ftrformatlC tiFIHC Proltit 1( fl tkg ming g# #ng PRINPnl. Inn [(lntra[to[ t;hall APPA thr p. mLcs P.« From .,lahnna of . nale matanaft t;;Rhlah enA REko Jahn, re..udnb 1,nam the t1t eje t At the con-a-Jet:cm of the 11rn,oet. IEe (-tan,actor shall lemons all waste mmertals, ,66:.1. and clehr,s from and about the premises as well as all uud., appliances, con.truction equipment and machine'y, tempo at1 atruetut es, stumps or potions of tree., and surplus materials, and shall lean the sac clean and ready rot ULcupancy by File County. The Contractor shall restore to original condition all property not designated tor alteration by this Contract. 3) The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the 4 Contract k 204 2017 Rel 21311'11m Budget Line Item# 110 54 96700 82002 Contractor subject any part of the Project or adjacent property to stresses or pressures that will endanger it. H. Safety and Protection. 1) The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: a All employees in the Project area and other persons and organizations who may be affected thereby, b All the Project materials and equipment to be incorporated therein, whether in storage on or off the site, and c Other property at the site or adjacent thereto,including trees,shrubs, lawns, walks, pavements, road-ways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 2) The Contractor shall be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project,including the safety of all persons who may enter on the job site for any reason and the security of all property located on the job site This requirement shall apply at all times during the course of the Contract and not only to normal Project work hours. 3) The Contractor shall at all times conduct the Project in such manner as will incur the least practicable interference with traffic and existing utility systems. No section of any road shall be closed to the public,nor any utility system put out of service except after permission, has been granted by the Project Lead. Each item of the Project shall be prosecuted to completion without delay and in no instance will the Contractor be permitted to transfer its forces from an uncompleted Project to a new Project without prior written notification of the Contractor to the Project Lead a. Unless this Contract specifically provides for the closing to traffic of any local road or highway while construction is in progress, such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition temporary approaches, crossings, or intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over the section of road affected by the Project to be done under this Contract, and of constructing and maintaining such approaches, crossing, intersections and any necessary features without direct compensation, except as otherwise provided. b. The Contractor shall provide, erect and maintain all necessary barricades,signs,danger signals and lights to protect the Project and the safety of the public. The Contractor's responsibility for 5 Contract 82042017 Re' 213 t-Ai"' Budget Lme Item X 110 54 96(11).82002 necessary barricades, signs, and lights shall not cease until the Project has been accepted. L Shop Drawings and Samples. 1) After checking and verifying all field measurements and after complying with applicable procedures specified in this Contract, the Contractor shall submit to the Project Lead for review and approval in accordance with the approved schedule of shop drawing submissions, three (3)copies(unless otherwise specified)of all shop drawings,which will bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission. All submissions will be identified as the Project Lead may require. The data shown on the shop drawings tvlll be complete with respect to quantities,dimensions,specified performance and design criteria, materials and similar data to enable the Project Lead to review the information as required 2) The Contractor shall also submit to the Project Lead for review and approval with such promptness as to cause no delay in Project, all samples required by this Contract All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission and will be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which intended. 3) Before submission of each shop drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto;and reviewed or coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the Project and this Contract. 4) At the time Of each submission the Contractor shall give the Project Lead specific wnhen notice or can variation that tui ohvp wawmgo yr eamplet may have from the requirements or this Contract, anU, m addition, 4611 MO a speeltie notation to he made on each shop drawing submitted to the Projec( t end for review and anproval of each such variation S) Where a Shop drawing or sample is required hy the epeelfieatinna, no related Ptoject % ork shall he commence,' poor to the Project I eadts review and approval of the shop drawing or samples 0) the cost of furnishing all shop drawings and samples shall be borne by Contractor, V. Performance and Payment Bond A Contractor shall furnish a performance and payment bond in the amount of one half of the total Contract value for all Contracts over fifty thousand dollars($50,000.00), n Contract#204.2017 fit ti I',Om Budget Line Item# 110 54 95700.82002 as required by C.R.S § 38-26-105, et seq. all Bonds shall be in the form acceptable to the County All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of paragraph A of this Section, Contractor shall within five (51 days thereafter substitute another Bond and Surety, both of which must be acceptable to the County VI 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. VII. 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 7 Contract#204 2017 R.. 2 13 1'1.,m Budget Line Item# 110 54.96700 82002 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 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 not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form' basis. 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 (Ifirh County named additional insured) Minimum Limits. Ceneral kaareanf2 S 2.000.000 2,000,,0n e.7 !...!, 1 J11111 1111(1 PVfWlliUflilwont;L' '7 R r,uo0.nnu Fire IA,xAf+e lAey Duo Giro' D0,1111U Medical Payments(An> One PCI'AU.) $ S dao Govcragc tu ulcluac • Premises and oper au..n. • Explosion, Collapse and Undersround Hazards • Personal! Advertising Injury • Products/Completed Operations Contract#204.2017 art 2 O IA,m Budget Line Item# 110 54 96700 82002 • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". 3) Auto Liability Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract Minimum Limits. Statutory Coverage Bodily/Property Damage(Each Accident) $ 1,000,000 4) Contractors Pollution Liability: The County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Contractors Pollution Liability coverage (including Completed Operations) must be kept in effect for up to three(3) years after completion of the project Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three(3)years beginning from the time that work under this contract is completed. a The policy shall be endorsed to include the following as Additional Insureds: "Pitkin County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of 9 Contract it 204 2017 R„ 2 13 1'qm Budget line Item St 110.54.%700.82002 the activities performed by,or on behalf of the Contractor, including completed operations". Minimum Limits. Per Loss s 1,000,000 Aggregate S 1,000,000 5) Professional Liability The Contractor shall maintain Professional Liability covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract Contractors Professional Liability (Errors and Omissions)policy must be kept in effect during the project and for up to three (3) years after completion of the project The policy/coverages shall be amended to include the following a. Coverage shall apply for three (3)years after project is complete b Policy is to be on a primary basis; if other professional coverage is earned Per Loss $ 1,000,000 Aggregate $ 2,000,000 6) Builders Risk Insurance or Installation Floater—Completed Value Basis Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk Insurance in the amount of the Initial Contract Sum,plus value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles_ „ Peon cy unngt pro',dc tab t age oat, the to„e n3 .a..a.real property becomes the ,cspuna iblrali or the C a.nuacto,, and cenunoe m ohoot II1t911 HpNV11 QN'tmb s.Vnbtructitnil Ictio anonl or installation? including any time during v hieh Inc evr vivo property t Ucnrb transported to the construction installation site, or awaiting Installation. whether on or ori site b Such Rudders' Risk Insurance shall he maintained. unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance_ until final payment has been made or until no person or entity other than the County's has insurable interest in the property to be covered, whichev er is later. 10 Contract#204 2017 R„ ,/3 1:6/m Budget Line Item ft 110 54 96700 82002 c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub-tier contractors in the Project. d The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false-work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses. flood (including water damage), earthquake,and if applicable,all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. f Equipment Breakdown Coverage(a k a Boiler& Machinery) shall be included as required by the Contract Documents or by law,which shall specifically cover insured equipment during installation and testing (including cold and hot testing). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc. 7) Special Coverages (check as appropriate and insert amount): a ® Performance Bond $48,756 53 i. ❑ Labor and Material S ii ❑ Payment Bond $ b ❑ Professional Errors and Omissions c ❑ Aircraft Liability d. ❑ Owner's Protectite e ❑Boiler and Machinery f 0 Loss of Use Insurance g 0 Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: I) 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 wntten notice has been Contract a 204 2017 Mi 2 13 ntjn Budget Linc Item# 110 54 96700 82002 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 sent directly to Pitkin County Procurement 123 Emma Rd., Suite#I06, Basalt, CO 81621. 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 colerage 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 2) h1 addition,these Certificates of Insurance shall contain the following clauses' a The Contractor's insurance shall be pnmary 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- descnbed 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 Procurement Department at procurementui pitkincounty.eom, 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. VIII Lvempuont and Marna) 4 411 puFnknuor of mammon nr hulltllnp or Anv (Orr Inlflrrhll) WI nnv t Illllrdot slmll not include [Acrid GedllA Tope M C61oludo tut or Inonl uuIPu or lire met bltktn Ltount,. exempt from .ueh raven tinder regiatrarme tniIMkefe OR-117(04 find R4-9R000 SR B Putsuant to tate statute and to the macro permitted by taw.rolm ado Iahor shall he employed to perform the Project to the extent of not less than eighty percent(g0o:.) of each type or class of labut employed on sail pt jest; except for high ay constructions which is subject to C.R.S. 43-2-208,which pro.,ides that all labotets Shall be Kona tide residents of Colorado with a preference to residents of the county where the Project is pertormed. IX. Protection and Restoration of Property and Landscape: Hazardous Matenals Contract k 201 21117 Ru : I t t-wim Budget Lane Item It 110.5-196707,R2002 A. Protection and Restoration of Property and Landscape. I 1 The Contractor shall he responsible for the preservation of all public and private property and shall carefully protect from disturbance or damage all land and property, as well as any monuments and property marks until the Project Lead has witnessed or otherwise referenced their location and shalt not remove them until directed 2} The Contractor shall he responsible for all damage or injury to property of any character, during the prosecution of the Project, resulting from any act, omission, neglect, or misconduct in its manner or method of executing the Project, or at any time due to defective Project work or materials,and said responsibility shall not be released until the project shall have been completed and accepted. 3) When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission,neglect,or misconduct by the Contractor in the execution of the Project, or in consequence of the non-execution thereof by the Contractor,it shall restore, at its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or it shall make good such damage or injury in an acceptable manner 4) Materials storage, equipment parking, vehicle parking and stockpiling excavated materials shall be allowed only in those areas designated by the Project Lead. 5) If the Contractor disturbs any of the landscape not called for removal, it shall restore those areas as directed by the Project Lead at the Contractor's expense. B. Hazardous Materials 11 The Comity shall not be responsible for the cost of and the removal or cleanup of Hazardous Materials found in any materials brought to the Project site, after the Project site is turned over to the Contractor. 2) The Contractor shall provide the Project Lead with a written certification each time materials or equipment is brought onto the Project site that such materials or equipment do not contain Hazardous Materials X. County Work at the Project Site. A. The County may perform other work related to the Project at the site by the County's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain terms similar to these. The Contractor shall perform and coordinate its activities with other contractors to avoid conflict and minimize disruptions B The Contractor shall aRbrd each utility owner and other contractor who is a party to such a direct contract (or the County if the County is performing the additional work with the County's employees) proper and safe access to the site and a 13 C'onttact#201 2017 len J I! 1'A,m Budget 1 me Item ft 110 54 96700 82002 reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work,and shall properly connect and coordinate the work with theirs. The Contractor shall do all cutting, fitting and patching of the Project that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Project Lead and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the County and such utility owners and other contractors. C. If any part of the Contractor's Project depends for proper execution or results upon the work of any such other contractor or utility owner (or the County), the Contractor shall inspect and promptly report to the Project Lead in wnting any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Project except for latent or non-apparent defects and deficiencies in the other work. XL Changes in the Prosect and Use of Change Orders A The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. I) The Project Lead shall Issue a notice informing the Contractor of a planned change in the Project and requesting the Contractor's detailed price proposal and adjusted schedule of work The Contractor shall submit a priced proposal for performing the proposed change in the Project within five (5)days of notice or such other time acceptable to both parties When the Contractor and the County reach agreement on the adjustments to the Contract price and/or Cvtrlla‘t UmM, anti changcJ III thy Protech auUl O11jI111111G11h5 null De pl(Iuililly FCCUFIIC(I In fill CTCCIIIC(1 Ow Hula ft All LohiIl3Clof Illllldlr±ll hhihl(I@ rennuAln ko QIIHIfllttli FA FHA [MR N0.A ;AR pPxIRRI I RRA IR IMtew EF . Fltt.,6 nn(,ce x dI1 tLe reference nolaLon :tflnnlr..cL.r Rance RegnecPl If the flentrnetor 1;1 r«<1.„ n, nrnl or written 1n.in.ctlnns. .11recds es or intensretadons oP Cnnn act bo...nrents. or dote..rr.t ,,,,. n..... ,be Prnje t T ea.l or, iii) id.nti Res w bat .t believes tire design errors or omissions in the Conn act Di awing.. or Specifications, o, (ti) Cr.0,olein a diffenns site condition, or,(n..1 is delayed in the prostess of the Project, or, It)becomeb awalo of any other minter or urcuinsttlncc which it bcllvvcb would requuv a change in lhG Contract Price or Contract Time, the Contractor shall give the Project Lead prompt written notice of such matters. I) All Contractor change requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor i4 Contract#204 2017 2 13 1312m Budget Line Item# 110 54 96700 81001 believes may require an extension in time,price or other modification The Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor change request and,provide an estimate of the adjustment in the Contract price and/or Contract tame, which it believes is appropriate. 2) Contractor Time Requirements a. With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions in this Contract, a Contractor change request shall be submitted before the Contractor acts on them, but in no event more than ten (10) consecutive calendar days after they were received or discovered. b With respect to any differing site conditions, a Contractor change request shall be submitted before the conditions are disturbed,but in no event more than ten (10) consecutive calendar days after the conditions are first discovered c With respect to delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the delay, but in no event more than ten(10)consecutive calendar days therefrom d. With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than ten (10) consecutive calendar days after the Contractor becomes aware of such circumstance or matter 3) Submittal Requirements and Waiver of Claims a If the Contractor does not submit a Contractor change request within the time required above,any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, will not be considered by the County as a change to the Project and the Contractor waives any claim for an adjustment on the Contract price or the Contract time b The Contractor shall, at the time a Contractor change request is submitted provide the Project Lead with a complete and itemized proposal of Contract price and time adjustments. The proposal shall also contain a detailed explanation, citing all applicable provisions in this Contract, which supports the Contractor change request. If the Contractor does not submit its itemized proposal within the time described above or within such extension, which the Project Lead, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract price or Contract time arising out of the act or event described in the Contract change request 15 Contract a 204 2017 Rn 213 I'km Budget Line Item# 110 54 96700 82002 c. If a Contractor change request is denied by the Project Lead, in whole or in part, any claim for an increase in the Contract pnce or Contract time arising out of the act or event described in the Contractor change request is waived unless the Contractor timely complied with the provisions of paragraphs 2(a-d)of this Section X11 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Project Work A Warranty I) The Contractor warrants and guarantees to the County that all Project work, whether supplied, famished, installed, provided. or performed by Contractor, a subcontractor, or supplier, will be in accordance with this Contract and will not be defective and that all Project work shall be perfonned in a skillful and workmanlike manner. Additionally, the Contractor shall warrant that all equipment which is incorporated into the Project or any subsystem shall be new,free from liens and defects in design,have clear tide, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of this Contract, to the drawings issued for manufacture by the Contractor, and shall be in conformance with the those technical specifications provided in Section 11 (Scope of Work) of this Contract and Contractor's Proposal. Except where longer penods of warranty are indicated for certain items. Contractor warrants Project work, whether furnished, installed, provided, performed or supplied by Contractor, a subcontractor or supplier,to be free from faulty materials and workmanship and that each piece of equipment or any part thereof incorporated into the Project or any subsystem shall conform to the aforementioned warranty and guarantee provisions and be free from failure for a period of not less than two (2) years from date of Final Payment. Landscaping replacement shall be warranted for two(2) growing seasons. 21 With respect to all walrantic5, express in implicit, hum LuhCUIIUaCIOrt. m nUtritirrR. Or enOlinnnk lit 'Inject Work flown anll af= ala kllalehgg hfl4AF EhA CanE4aet.ilia CnxffaptaF shall u. Uhmm ull wtlnantio that wvulU tic Xl)cn in nvrmal wnunvrvlxt pruGtIDG, lu thG GALInt Ulan WG bubvvliUn vi'b, mal1wit4 % cI1 yr bupplicfs, otanuaru warranty access me nuninum county rcquvementb ab bet forth to dlfb Section or elsewhcrn in nub contract, the subcontractor's, manulaeturer's, 01 supplicl's standard wananty shall apply. b. Require all warranties to be executed,in writing, for the benefit of the County, If directed by the Project Lead, or c Enforce all warranties for the benefit of the County, if directed by the Project Lead Contract#204 2017 R., ] I3 I'ym Budget Line Item# 110.54.96700.82002 d. Assign all warranties and guarantees in writing to the County upon the request of the County B. Access to Project The Project Lead and the Project Lead's representatives, other representatives of the County, testing agencies and governmental agencies with jurisdictional interests shall have access to the Project, at any time for their observation, inspecting and testing Contractor shall provide proper and safe conditions for such access C. Tests and Inspections. I) The Contractor shall cooperate with material testing persons and firms,and for required inspections, and compliance and approval tests for the work performed by the Contractor or its subcontractor 2) If any laws,ordinances,rules,regulations, code or order of any public body having jurisdiction requires any Project work (or part thereof) to specifically be inspected,tested or approved, the Contractor shall assume fel] responsibility therefore,pay all costs in connection therewith and furnish the Project Lead the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or re-testing required in connection with the County's or the Project Lead's acceptance of a supplier of materials or equipment proposed to be incorporated in the Project, or of materials or equipment submitted for approval pnor to the Contractor's purchase thereof for incorporation in the Project The cost of all inspections,testing,re-testing and approvals in addition to the above which are required by this Contract shall be paid by the Contractor (unless otherwise specified) The County will conduct and pay for the conformance tests on matenals installed in-place,and the Contractor shall pay for re-testing of all failing and non-conforming matenals thereafter. 3) All inspections, tests or approvals other than those required by laws, ordinances, rale, regulations, code, or order of any public body having jurisdiction shall be performed by organizations acceptable to the Project Lead. 4) If any Project work (including the work of others) that is to he inspected, tested or approved is covered without written concurrence of the Project Lead, it must be uncovered for observation Such uncovering and testing when required by the Project Lead shall be at the Contractors expense 5) Neither observations by the Project Lead nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Project in accordance with this Contract. D Correction or Removal of Defective Work. If required by the Project Lead or the County, the Contractor shall promptly, as directed,either correct all defective Project work, whether or not fabricated, installed or completed, or, if the Project work has been rejected by the Project Lead or the County,remove it from the site and replace it with non-defective Project work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby 17 Contract 4 2114 2017 Rev 2 rt iMor Budget Line Item 8 110.54.90700 82002 E. Correction Period. If within two(2) years after the date of Final Payment m such longer period of time as may be prescribed by laws or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Project work is found to be defective, the Contractor shall promptly without cost to County and in accordance with County's written instructions, either correct such defective Project work, or, if it has been rejected by County,remove it from the site and replace it with non-defective Project work. If the Contractor does not promptly (within seven (7) days from receipt) comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the defective Project work corrected or the rejected Project work removed and replaced,and all direct,indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Project work, other property,or person,which occurred as a result of the defective Project work F County May Correct Defective Work. If the Contractor fails within ten (10) consecutive calendar days after written notice of the Project Lead or the County to proceed to correct and to correct defective Project work or to remove and replace rejected Project work as required by the Project Lead or the County in accordance with paragraph D of this Section,or if the Contractor fails to perform the Project work in accordance with the Contract Documents,or if the Contractor fails to comply with any other provision of the Contract Documents,the County may.after seven(7)days' written notice to the Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to the extent necessary to complete corrective and remedial action. The County may exclude the Contractor from all or part of the site, take possession of all or part of the Project, and suspend the Contractor's services related thereto, take possession of the Contractors tools, appliances, construction equipment and machinery at the site and incorporate in the Project all materials and equipment stored at the site or for which the County has paid the Contractor but which are stored elsewhere The Contractor shall allow the County, the County's representatives, a8cnts and employees such access to the site as may be necessary to enable the County to exercise the rnbhls and remedies under dub rarabraph. AU tlucLtl uiducet and YYf1YY5�FIYntlal 4YAV4 Y6 Pae &Witty ni cxavmmsuvir abiiu alta iememes viii be vhargcU agaual ulc cvntraetvrl anU a cnaogv Vrclvi ALL vv totte‘t vy Uie cvtnrty limn-putting the neccusary ruYislvns m Us cvnuact price, such direct, uiUircct and conbcqucntlal costs n ill incluUc but not by limited to Ices and churf(co or caplecrs, aiclutects, attorneys and otter protcssionals, all court cvsw and all wow of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractors defective Project work. The Connactor shall not be allowed an extension of the Contract time because of any delay in performance of the Project work attributable to the exercise by the County of the County's rights and remedies hereunder 8 Contract tt 204 21117 Ret 2 r a I'Ain, Budget Line Item d 110 54.96700_52002 XIII. Liquidated Damages. It is the County's intent to complete this project no later than November 15, 2017. Liquidated damages of one thousand dollars and zero cents t$1,000.00)per calendar day shall he paid if project is not completed by that deadline. A Time for Completion. It is hereby understood and mutually agreed, by and between the Contractor and the County, that the date of beginning Project work and the tune of completion as specified herein are essential conditions of the Contract. The Contractor agrees that said Project shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the times) specified. It is expressly understood and agreed.by and between the Contractor and the County.that the time(s) for completion of the Project described herein are reasonable times) for the completion of the Project, taking into consideration the average climatic conditions prevailing in the locality of the Project. B Time is of the Essence to the Contract It is further agreed that time is of the essence in completing the Project, and that the Project Work Schedule and all dates set forth therein and where in this Contract, an additional time is allowed for the completion of the Project, the new tine limit fixed by such extension shall be of the essence of the Contract. C. Liquidated Damages Completion of the Project is of paramount importance to the County. If any portion of the Project is not completed in accordance with any time extensions granted by the County,the County will suffer damage,the extent of which will he impractical and extremely difficult to estimate accurately. Thereibre, as part of the consideration for executing the Contract, it is hereby agreed that the Contractor shall pay to the County the liquidated damage amounts specified in the Contract. This particularprovision shall not be construed as a penalty upon said Contractor for failing fully to complete said Project as agreed in the Proposal and this Contract nor is it intended,but as Liquidated Damages to compensate the County for all costs incurred as a result of such breach of Contract. D. Delays in Project Completion of Construction Phase. Subject to the terms of "Excusable Delays", as contained in paragraph E of this Section, the Contractor expressly agrees to pay the County as a reasonable estimate ofjust compensation for damages contemplated with the clause,the amount set forth as liquidated damages for each consecutive calendar day that completion is delayed in the construction of the Project. E. Excusable Delays-Force Majeure. IC by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer penod, and any such party shall remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industnal disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision,except the County. or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes,fires,hurricanes, stones,floods,washouts,droughts, arrests,restraint of 19 Contract#204.2017 Re, 2131311/4,m Budget Line Item# 110 54 96700 82002 government and people, civil disturbances, explosions, breakage or accidents to machinery,pipelines, or canals, or other causes not reasonably n'thin the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of stnkes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. F. Cumulative Remedy. The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity,by statute,or under Contract. XIV. Termination of Contract A The County may terminate this Contract upon the occurrence of any one or more of the following events: I) If the Contractor commences a voluntary cast under any chapter of the Bankruptcy Code(Title II, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law m effect at such time relating to the bankruptcy or insolvency; 2) If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equiv alent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 3) If the Contractor makes a general assignment for the benefit of creditors, 4) If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's oreditorsi iIthc Contractor 1 latlnW ci lour LLs Y;l=ii' - Z ret"--"u3 P --.rW1 YYYfaiaiYY • this n"n"a "`"a :p h" ` 1St g1111Y F8 antltilr aalllh161h • "v"`Yf9 Yf iNiIi1PiY IllptcfiYla Uf tiWYlpmcnl Or MR to EEIlnic IU 1110 • vrh ovhyytplY Milan-MIN in alio UUIltract1 of It nisi cvnniwtvr 'Impala lanai uldlnunUu , 111I0, fceuIdtlutls, ill vrsivra sit nay ppbliv bogy Rifling JU1101110Ul1, ts, 1crmmpuvn pnvr to Lunation ul contract ICR. The County has the light to terminate ono Contract, with or without cavae. by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice bhall be given at least ten (1(I) days betore the effective date of such termination. In such event all Finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County's property Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory Project work completed pursuant co • Contract#204 2017 My 2131'eien Budget Line Item# 110 54 96700.82(102 to the terms of this Contract prior to the date of termination Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor XV. Independent Contract Status A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this contract D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this contract E Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal,state,FICA and other income taxes. F. The Contractor shall be required to complete and submit to the County, a Form W-9 Taxpayer Identification Number Request. XVI. Computation of Time. A. When any period of time is referred to in this Contract by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation B. All times stated in this Contract are of the essence XVII. Records and Cost Pricing Data. A The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated and updated weekly to show all changes made during construction. These record documents together with all approved samples will be available to the Project Lead for reference. Upon completion of the Project, these record documents and samples will be delivered to the Project Lead for the County. B The Contractor shall maintain all data and records pertinent to the Project performed under this Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of three(3) years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of this Contract. The 21 Contrast k 204 2017 R,12 13 ('him Budget Line Item N 110 54 96700 82002 County shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours The Contractor covenants and agrees that it shall require that any subcontractor utilized in the performance of this Contract permit the authorized representatives of the County to similarly inspect and audit all data and records of said subeonti actors iclating to the performance of said subcontractors under this Contract for the same time period C If this Contract is completely or partially terminated,the records relating to the Project terminated shall be made available for three (3) years after any resulting final termination payment. D. Records pertaining to appeals or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made at ailable until disposition of such appeals,litigation,or claims. XVIII. Miscellaneous. A. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. B Severability. If any term, section, or other provision of this Contract shall, for any reason,be held to be invalid or unenforceable, the im alidity or unenforceability of such term, section, or other provision shall nut affect any of the remaining provisions of this Contract,and to this end, each term, section and prnv'sion of this Contract shall be severable C. Integration and Modification This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or Contract, either wntten or oral. This Contract may be amended only by written Contract signed by both the County and the Contractor D. Contract Made in Colorado. The panics 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. E. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. F. Governmental Immunity. Contractor agrees and understands that Pitkin County is rclytn5 vn and dVcs not wary a the mvnctar) hmuations or terms or any othet ubhts, ImmuniticJ, and prvwcuon5 pros Idea by Ow Gvlvradv Qvvcrmncntal hnrntuuty Act, CPK,S„ 24-1V-1V1, ct seq., as from time to time amended, or otherwise available to PltKm County or any of its officers, agents or employees. Further, nothing in lhi Contract shall be construed or interpreted to require or pros Me 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. G. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropnatlons 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 Contras a?M 2017 Re, 2 u riym Badge:Lice kern 1 10.54.96704 R2002 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. H. 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 pm-paid and via e-mail(electronic delivery)to the mailing and e-mail addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall he considered delivered upon receipt of confirmation of delivery on the part of the sender. To Pitkin County: with copies to: G.R. Fielding Pitkin County Attorney's Office 76 Service Center Road 123 Emma Rd . Suite#204 Aspen, CX)81611 Basalt, Colorado 81621 Email- Email Attomey(opitkincounty.com Gerald.Fielding@PitkinCounty.com To Contractor: Ideal Fencing Corp 5795 Ideal Drive Erie, CO 80516 Phone- (303)962-8100 Email: Daveruidealfencingeorp.com I. Waiver. No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver of any other right, term or condition,nor shall a wailer of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. XIX. Contractors Representations. A. In order to induce County to enter into thio Contract, Contractor makes the following representations. I) Contractor has familiarized himself with the nature and extent of this Contract. Project, locality, and with all local conditions and federal. state, and local laws, ordinances, rules and regulations that in any manner may affect cost,progress.or performance of Project. 21 Contractor has carefully studied the site and has performed all necessary investigations. tests, and subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project 31 Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price,within the Contract time, and in accordance with the other terms and conditions of this Contract: and no additional examinations, investigations, tests,reports, or similar data are or will be required by Contractor for such purposes. 23 Contract a 204 2017 Rei 2 1117Aim Budget Line Item# 110 54.9h700.32002 4) Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of this Contract 5) Contractor has given Project Lead written notice of all conflicts, errors, or discrepancies that it has discovered in this Contract, and the written resolution thereof by Project Lead is acceptable to Contractor. 6) By executing this Contract, the Contractor represents that it has visited the site, familiarized itself with the local conditions under which the Project work is to be performed(including weather conditions which can be expected), and correlated its observations with the requirements of this Contract. 7) The undersigned representative of Contractor represents that it is an authorized representative of Contractor for the purposes of executing this Contract and that it has full and complete authority to enter into this Contract on behalf of Contractor XX. Counterparts. This Contract maybe executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. XXI Public Contracts for Services and Public Contracts with Natural Persons In conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and C R S. §§ 24-76.5-101, et seg, as amended: A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. /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, throubh participation in the B-Verify l.a.h..h..t 104-2 oa ,, theLatc cr!!!‘::t1!::: r::gga : i;etukhaNiN P "'==: :: fe .:Ie llYll k f) !! ht 11H8b1111 !lll[III HUE C[IIIINCI Rilll oil PION nll01l in pfrI01111 WUrk LIIIIICI liii C(11111VI if SUIS[ IUlll U LUUIrUPI With U IUhC(II hr[lI)I flu! hilt III Gprll[9IU CUH[FUPIUf[kU[INP S[IhAIMPRRERA 0.111 'AM ItitAwingIv MEW nA Pn8[PUPI WHIN nerinrn, wort nnJnr 11,1,[lnnir nn ra._t r 111 �N�II 41Mvee GALL,Pr.,er. r Q[aic n*( Mini.. neorectum to....le,-take n ng °Pink annlivant. .«lulc dd.: m Contract .. keing perfored, shall notify the Stftcontractor and the ..ont.actng S6uc agent y vdthin i clays it Cnntructor has actual kno..Icdae that a Subcontractor is emplo,int;or contractu,b with all nleal alien for oink under this Conti dab tilt) shall terminate the subcontract it a Subcontractor dvoo nut stop empioyinp or contractmb with the Mosul alien within 3 days of receiving the notice. and (ir) own comply with reasonable requests made in the course or an investigation. undertaken pursuant to §8-l7.5-102(5), C.R.S., by the Colorado Department of Labor and Contract#2042_017 Rei 2131:61n: Budget Linc Item H 110 54 96700 82002 Employment. If Contractor participates in the State 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 State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C R S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so tenninated, Contractor shall be liable for damages. PUBLIC CONTRACTS WITH NATURAL PERSONS.§§24-76.5-101,et seq.,C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she(i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of§§24-76.5-101 el seq., C.R.S., and (iii) has produced one form of identification required by §24-76 5-103, C.R.S prior to the Effective Date of this Contract. 25 Contract#204 2017 Rn 2 ry I-Aim Budget Line Item n 1 111 54 96700 82002 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above IDEAL FENCING CORP IIwdJ 1elf Aug-07-2017 David ] El ger Date Vice President PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL 1,CL Aug-07-2017 Gerald Fielding Date County Engineer SECTION APPROVAL tau.Pte' Aug-07-2017 Brian Pettet Date Public works director MANAGER APPROVAL: jtw p,„tNi Aug-08-2017 Jon Peacock Date County Manager 20 Li maa w+-= EJL- : L 1 - Oil il I - ' 1 f 10 -. _ _ y C4 a 0 0 a CI- a z - o ' ' co pzo 3. "1' _ - ' ., ��- _ v / ` - - - __ - - - y ❑ z v 3 1 z 7 r 1 H - - t ,I. �- - - P mV 1f o 3" 22 _ _3u 3%g'; 5 _ >s3 zi 431 f -' '' : _ § ¢ = 2„77 327 = - 37'3- - i 27 �4 . CIN dv xz 3 $ < 3 4 • _ _ _ CcC2! c3= f3� r ` --" `:f - 3 - : . z£ 5:x}f _ =;5; 252 LL ;3 _ ' i = i f LLk I '£"F - _ - 0N4c. 23' ' 04 332 34 - > r.71 { i 4 _ _ _2 E _k i•_- - :5[ v.O .•}. = - V }V