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HomeMy WebLinkAboutbocc.con.145.2017 , p Y It N Pitkin County Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin County Representative. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement_help_g1!pitkincounty.com). Any contracts $50,000 and over will be routed for signatures to County Manager and Attorney's Office (it-required) by Procurement. Contract Information Contract Number 145.2017 Project.Name River Park Building Roof and Deck Replacement Contractor CRW, Inc. Budget Line Item 110.24.92824.82286 S Additional Budget Line Item(s) _ S (Please fully allocate New _ $ Contract Total) _ $ Contract Start Date 7/5/2017 _ Contract End Date 9130/2017 Automatic Renewal Yes ❑ No0 If Construction: Retainage Yes S or NoE If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department Facilities Project Manager Jodi Smith Project Manager (970) 920-5396 Phone Provide a brief description of the contract: Roof and deck replacement fbr the River Park building at 123 Emma Rd. _ Contract Value Summary: Original Contract Amount _ S 147,569.89 Previous Change Order/Amendment Amount (if-applicable) $ 0.00 This Change order/Amendment amount(if applicable) S 0.00 New Contract Total _ S 147,569.89 Procurement Method: None ❑ informal❑ Formal Sole Source ❑ Emergency ❑ Contract Type: Services/Maintenance ❑ Construction ❑r Goods, Equipment, Supplies ❑ Change Order/Amendment ❑ Contract Renewal ❑ Other, please explain ❑ Click. here to enter text NOTE: CLERKS OFF1CH WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RF.T.AINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract# 145.2017 Rev. 2.!13%17kjrn Budget Line Item# 110.24.92824.82286 4f) i .1' 1y1Ai COLiT 7 V. 1) • PITKIN COUNTY CONSTRUCTION CONTRACT RIVER PARK BUILDING ROOF AND DECK REPLACEMENT THIS CONTRACT, made June 29, 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 CRW, Inc., 2487 Industrial Blvd. Unit #5, Grand Junction, CO 81505 (hereinafter called the "Contractor") to perform the following work: River Park Building Roof and Deck Replacement ("Project"). I. Term of Contract: The term of this contract is from July 5, 2017 to September 30, 2017. II. Scope of Work and Work Schedule: A. Scope of Work: Contractor shall provide the following construction services. Detailed description, schedule, pricing and project team are defined in Exhibits A through F. 1) Base Bid 2) Phase 1 3) Alternative 1 4) Alternative 2 5) Alternative 3 B. All work performed under this Contract shall he completed within seventy (70) days. All work is to be overseen by a third-party Facilities Engineering Associates ("FEA"), hired by the County. All work shall be in conformance with the FEA direction and observation reports. Should there be any discrepancy or disagreement as to the obligations, performance or any item of these contract documents,this Construction Contract shall control followed by the exhibits, in alphabetical order. 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 one hundred forty-seven thousand five hundred sixty-nine dollars and eighty-nine cents($147,569.89)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 t Contract# 145.2(117 Rev. 2.I3 17kinr Budget Line Item# 110.24.92824.82286 I ) Contractor shall submit applications for payment monthly for work done to date. 2) Progress payments for Contracts exceeding one hundred fifty thousand dollars (S 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 13150,000.00) 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 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 he 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 Superintendence 1) The Contractor shall supervise and direct the Project competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Project in accordance with this Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall he 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 be kept on the Project at all times during its progress and who shall not be replaced without written notice to the County and the 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 he as binding as if given to the Contractor. Contract # 145.2017 Rev. ?1+ 1?Aim Budget Line Item# 110.24.92824.82286 B. Subcontractors, Suppliers and Others } The Contractor shall not employ any subcontractor, supplier or other person or organization (including those acceptable to the County and the Project Lead, whether initially or as a substitute) against whom the County or the Project Lead may have reasonable objection. 2) The identity of subcontractors, suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment must be submitted to the County in advance of any work performed or materials supplied under this Contract for acceptance by the County and the Project Lead. No acceptance by the County or the Project Lead of any such subcontractor, supplier or other person or organization 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 he 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 Project or resulting from the product or device not specified in this Contract, and shall defend all such claims in connection with any alleged infringement of such rights. D. Permits. Unless otherwise provided in this Contract. the Contractor shall obtain and pay for all construction permits and licenses. The County shall assist the Contractor,when necessary, in obtaining such permits and licenses. The Contractor Contract 4 145.20i7 Rev. 213'1'k/m Budget Line Item 4 110.24.92824.82286 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 lees. 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 he responsible for monitoring the Contractor's compliance with any Laws or Regulations. F. Taxes. The Contractor shall pay all existing and future applicable federal, state and local sales, consumer,use and other similar taxes whether direct or indirect. Federal excise tax may not apply to materials purchased by the County. The Contract price shall include all other federal, state, and/or local direct or indirect taxes, which do apply.The Contract price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the County (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 he 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 fora Certificate of Exemption indicating that the Contractor or subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the County. G. Use of Premises. 1) The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by this Contract, law, ordinances, and permits. The Contractor shall assume full responsibility for any damage to any such land or area, or to the County or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Project. Should any claim be made against the County or the 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, lees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the County or the Project Lead to the extent based on a claim arising out of the Contractor's performance of the Project, 4 Contract# 145.2017 Rev, _'`I3 17kirrr Budget Line Item # 110.24.92824.82286 2) During the progress of the Project, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Project. At the completion of the Project. the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, temporary structures, stumps or portions of trees, and surplus materials, and shall leave the site clean and ready for occupancy by the County. The Contractor shall restore to original condition all property not designated for alteration by this Contract. 3) The Contractor shall not load or permit any part of any structure to be loaded in any, manner that will endanger the structure, nor shall the Contractor subject any part of the Project or adjacent property to stresses or pressures that will endanger it. H. Safety and Protection, r1) 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 he 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. ?) The Contractor shall he 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) "I'he 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 ti Contract 4 145.2017 Re} 2;13;1710m Budget Line Item# 110.24.92824.82286 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 necessary barricades, signs, and lights shall not cease until the Project has been accepted. I. Shop Drawings and Samples. 1) After checking and verifying all field measurements and after complying with applicable procedures specified in this Contract, the Contractor shall submit to the Project. Lead for review and approval in accordance with the approved schedule of shop drawing submissions, three ()copies (unless otherwise specified)of all shop drawings, which will hear 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 will 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 he 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 written notice of each variation that the shop drawings or samples may have from the requirements of this Contract, and, in addition, 6 Contract # 145,2017 Reev. 2'11.'17A1„+ Budget Line item# 1 10,24,92824.82286 shall cause a specific notation to be made on each shop drawing submitted to the Project Lead for review and approval of each such variation. 5) Where a shop drawing or sample is required by the specifications, no related Project work shall he commenced prior to the Project Lead's review and approval of the shop drawing or samples. 6) 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 clone half of the total Contract value for all Contracts over fifty thousand dollars($50,000.00), 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 (5) days thereafter substitute another Bond and Surety, both of which must he 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 hear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 7 Contract# 145.2017 Rev.2.•!+'I'kTnr Budget Line Item# 1 10.24.92824.82286 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 arc 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 reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types, Commercial General Liability Completed Operations coverage must he 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. 1) Statutory' Workers. Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. h. 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 additional insured) Minimum Limits: General Aggregate $ 2,000,000 8 Contract# 145.2017 al', 2 /3'17kint Budget Line Item # 110.24.92824.82286 Products/Completed Operations Aggregate S 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury S 1,000,000 Fire Damage (Any One Fire) S 50,000 Medical Payments (Any One Person) S 5,000 Coverage to include: • Premises and Operations • Explosions. Collapse and Underground Hazards • Personal / Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • independent Contractors • Designated Construction Projects(s) General Aggregate Limit, ISO CC 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) S 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 he kept in effect for up to three (3) years after completion of the project. Coverage shall apply to sudden and gradual pollution conditions resulting 9 Contract 4 145.2017 Re,,,, _,I3:17k/rn Budget Line Item 4 110.24.92824.82286 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 he exercised for a period of three (3) years beginning from the time that work under this contract is completed. a. The policy shall be endorsed to include the following as Additional Insureds: "Pitkin County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 5) Professional Liability: The Contractor shall maintain Professional Liability covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract. Contractors Professional Liability (Errors and Omissions;) policy must be kept in effect during the project and for up to three (3) years after completion of the project. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three (3) years after project is complete. h. Policy is to be on a primary basis; if other professional coverage is carried. Per Loss $ l,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, 10 Contract# 145.2017 Rev.= t_ /'kJ»n Budget Line Item# 110.24.92824.82286 a. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders' Risk Insurance shall be 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, whichever is later. 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, backfil ling, 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 he 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 us appropriate and insert amount): a. L Performance Bond $ 73,236.95 I, ❑ Labor and Material $ ii, ❑ Payment Bond $ 11 Contract# 145.2017 Re :''I l7Ajm Budget Line Item N 11(1.24.92824,82786 b. ❑ Professional Errors and (_}missions c. ❑ Aircraft. Liability d. E Owner's Protective e. ❑ Boiler and Machinery f. E Loss of Use Insurance g. ❑ 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 sent directly to Katherine McEntyre, Pitkin County Procurement 123 Emma Rd„ Suite #106, 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 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. 2) In addition, these Certificates of Insurance shall contain the following 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 he delivered to the Procurement Department at procurement hclpru pitkincountv.com, 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. Exemptions and Preferences. 17 Contract 's' 145.2017 Rev.' / iI 719m Budget Line Item# 110.24.92824.82286 A. All purchases of construction or building or any other materials for any 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. B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the Project to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.R.S. § 43-2-208, which provides that all laborers shall he bona,fate residents of Colorado with a preference to residents of the County where the Project is performed. iX. Protection and Restoration of Property and Landscape; Hazardous Materials. A. Protection and Restoration of Property and Landscape. l) The Contractor shall be 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 shall not remove them until directed. 2) The Contractor shall be 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 he 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. l lazardous Materials l ) The County 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, 13 Contract# 145.2017 Rev. ?'13/17 jm Budget Line Item# 110.24.92824.82286 ?} 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 afford 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 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 he 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 writing 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, XI. Changes in the Project 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. 1 ) 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 14 Contract# 145.2017 !W, ' + I Thin, Budget Line Item # 110.24.92824.82286 Contract price and/or Contract time, and changes in the Project, such adjustments shall be promptly recorded in an executed Change Order. B. All Contractor initiated change requests shall be submitted to the County and the Project Lead in a letter or written notice with the reference notation "Contractor Change Request". If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the Project Lead or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Project; or. (v) becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Project Lead prompt written notice of such matters. l) All Contractor change requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor 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 time, 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 (]0) 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 15 Contract# 145.2017 Rev. .'13,1741,,, Budget Line Item 4 110.24.92824.82286 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. 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 price 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. XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Project Work A. Warranty. 1) The Contractor warrants and guarantees to the County that ail Project work, whether supplied, furnished, installed, provided, or performed by Contractor, a subcontractor, or supplier, will be in accordance with this Contract and will not he defective and that all Project work shall be performed 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 title, he 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 II (Scope of Work) of this Contract and Contractor's Proposal. Except where longer periods 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 he warranted for two (2) growing seasons. 16 Contract# 145.2U 17 Rev.2 w 7%kim Budget Line Item # 110.24.92824.82286 2) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Project work performed and materials furnished under the Contract. the Contractor shall: a. Obtain all warranties that would be given in normal commercial practice, To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty exceeds the minimum County requirements as set forth in this Section or elsewhere in this Contract, the subcontractor's, manufacturer's, or supplier's standard warranty shall apply. b. Require all warranties to he 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. d. Assign all warranties and guarantees in writing to the County upon the request ofthe 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 full 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 he 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 he incorporated in the Project, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Project. The cost of all inspections,testing, re-testing and approvals in addition to the above which are required by this Contract shall be paid by the Contractor (unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place,and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter. 3) All inspections, tests or approvals other than those required by laws, ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be performed by organizations acceptable to the Project. I.ead. 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 17 Contract# 145.2017 kei'. 2,13;1071 Budget Line [tern # 110.24.92.824.82286 Project Lead, it must he uncovered for observation. Such uncovering and testing when required by the Project Lead shall be at the Contractor's 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. E. Correction Period. If within two (2) years after the date of Final Payment or such longer period of time as may be prescribed by laws or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Project work is found to be defective. 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 00) 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 Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Project all materials and equipment stored at the site or for which the County has paid the Contractor but which are stored elsewhere. The Contractor shall allow the County, the County's representatives, agents and employees such access to the site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and 18 Contract n 145.2017 Rev. 2;13:/7kim Budget Line Item 4 [ 10.24.92824.82286 consequential costs of the County in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the County incorporating the necessary revisions in the Contract price. Such direct, indirect and consequential costs will include but not he limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Project work. The Contractor shall not he allowed an extension of the Contract time because of any delay in performance of the Project work attributable to the exercise by the County of the County's rights and remedies hereunder. XIII. Liquidated Damages. It is the County's intent to complete this project no later than September 2017. Liquidated damages of three hundred dollars and zero cents ($300.00) 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 time of completion as specified herein are essential conditions of the Contract. The Contractor agrees that said Project shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed, by and between the Contractor and the County, that the time(s) for completion of the Project described herein are reasonable time(s) for the completion of the Project, taking into consideration the average climatic conditions prevailing in the locality ol'the Project. B. Time is of the Essence to the Contract. It is further agreed that time is of the essence in completing the Project, and that the Project Work Schedule and all dates set forth therein and where in this Contract, an additional time is allowed for the completion of the Project, the new time limit fixed by such extension shall be of the essence of the Contract, C. Liquidated Damages. 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 be impractical and extremely difficult to estimate accurately. Therefore, 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 particular provision 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 of just 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. If, by reason of' Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this 19 Contract 145,2017 Rev.2'12/17 n: Budget Line Item# 1 10.24,92824.822S6 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 he suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision, except the County, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. F. Cumulative Remedy. 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: l) If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 2) If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 3) If the Contractor makes a general assignment for the benefit of creditors; 4) If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5) If the Contractor persistently fails to perform the Project in accordance with this Contract including but not limited to, failure to supply sufficient 20 Contract# l 45.2017 Rev.2 /3'!71tijnr Budget Line Item # 110.24.92824.82286 skilled workers or suitable materials or equipment or failure to adhere to the work schedule established in this Contract; 6') If the Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction. B. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten 00) days before the effective date of such termination, In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory Project work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above. Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor, 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. XV I. 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. 21 Contract# 145.2017 Rev.' !+ !'km Budget Line Item 4' 1 10.24.92824.82286 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 he available to the Project Lead for reference. Upon completion of the Project, these record documents and samples will he delivered to the Project Lead for the County. B. The Contractor shall maintain ail data and records pertinent to the Project performed under this Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of three (3) years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of this Contract. The County shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any subcontractor utilized in the performance of this Contract permit the authorized representatives of the County to similarly inspect and audit all data and records of said subcontractors relating to the performance of said subcontractors under this Contract for the same time period. C. if this Contract is completely or partially terminated, the records relating to the Project terminated shall be made available for three (3) years after any resulting final termination payment. D. Records pertaining to appeals or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims. XVIII. Miscellaneous. A. Any use of subcontractors by the Contractor for performance of this Contract must he accepted in writing by the County. B. Severability. If any term, section, or other provision of this Contract shall, for any reason, he held to be invalid or unenforceable, the invalidity or unenforceability of such term, section, or other provision shall not affect any of the remaining provisions of this Contract, and to this end, each term, section and provision of this Contract shall be severable. 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 written 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 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. 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 attornev's fees. F. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity 22 Contract# i 45,201 7 Rev. :1 I.kfm Budget Line Item # 110.24.92824.82286 Act, C.R.S., 24-10-101, et seq., 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. G. 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. H. Notice. Any notice required or permitted under this Agreement shall he in writing and shall be hand-delivered or sent by registered or certified regular mail, postage pre-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 be considered delivered upon receipt of confirmation of delivery on the part of the sender. To Pitkin County: with copies to: Jodi Smith, Facilities Director Pitkin County Attorney's Office 485 Rio Grande Place, Unit 101 123 Emma Rd., Suite #204 Aspen, CO 81611 Basalt, Colorado 81621 Email: Jodi.Smithra%PitkinCounty.com Email: Attorney ,pitkincounty.com To Contractor: CRW, Inc. 2487 Industrial Blvd. Unit#5 Grand Junction, CO 81505 Phone: (970) 241-1 0 18 Email: zane(iacrwrooling.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 waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. XIX. Contractor's Representations. A. In order to induce County to enter into this Contract, Contractor makes the following representations: I) Contractor has familiarized himself with the nature and extent of this Contract, Project, locality, and with all local conditions and federal, state, 23 Contract# 145.2O 17 Rev. 2;I 17krnl Budget Line Item# 110.24.92824.82286 and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of Project. 2) Contractor has carefully studied the site and has performed all necessary investigations, tests, and subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. 3) Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price, within the Contract time, and in accordance with the other terms and conditions of this Contract; and no additional examinations, investigations, tests, reports, or similar data are or will he required by Contractor for such purposes. 4) Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of this Contract. 5) Contractor has given 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 he performed (including weather conditions which can be expected), and correlated its observations with the requirements of' this Contract. 7) The undersigned representative of Contractor represents that it is an authorized representative of Contractor for the purposes of executing this Contract and that it has full and complete authority to enter into this Contract on behalf of Contractor. XX. Counterparts. This Contract may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. XXI. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. tiff 8-17.5-101, et seq., as amended and C.R.S. §y 24-76.5-101, et seq., as amended: A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. !dot 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 F.-Verify Program established under Pub. L. 104-208 or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract 24 Contract # 145,21)17 Rev, 213 17001 Budget Line Item# 1 10.24.92824,82286 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 (i) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C,R.S., by the Colorado Department of Labor and 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 `ti8-17.5-101 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 terminated, 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 et seq. C.R.S., and (iii) has produced one form of identification required by C24-76.5-103, C.R.S. prior to the Effective Date of this Contract. 25 Contract # 145.2017 Rev.' 1 Uk!m Budget Line Item# 110.24.92824.82286 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. CRW, INC. .� , 7/---7 Si ure Date �0Ir?� in0 4 � �� Printed Name Title PITKIN COUNTY, COLORADO RECO ENDED FO APPROVAL: (_ __- & --2,e)/ -- Jodi Sm. , Faciliti s irector Date SECTION APPROVAL: Section Leader Date MANAGER APPROVAL: AL. tiu 1 -zy - 17 Jon �eack. County Manager Date 26 Contract# 145.2017 Rev. 8.31.11 ja js Budget Line Item# 110.24.92824.82286 Lump Unit Price Base Bid Sum for Base Item DESCRIPTION Quantity/ Base Bid Units Bid Adjustment Amount s Project mobilization, general conditions DI and incidentals including full time NA 1'�2U0+�'D NA superintendent, required construction permits Scaffolding, protection barriers, work D2 curtains, overhead protection and NA '3,E57, �t) NA pedestrian controls. D3 Six Low Sloped Roof Areas - D3a Roof top mechanical unit disconnect All locations i- r and reconnect Lump Sumr �£� ,ua NA Removal and disposal of existing roof D3b membrane and substrate to expose 3.300square feet MA 7'erJ + NA existing wood decks. D3C Replace damaged wood decking as Budget $ , needed at unit rates l 00 3 SO,co Per square square feet foot D3d Install new cover board and new TPO 3,300 i5' NA roof membrane square feet .).._6 2-5- D4 Exterior Deck Areas Remove and reinstall existing deck 3.900 6A,01.?9 D4a boards NA square fee Sil�,‘ , i ti Phase I Work Area - Removal and D4b disposal of existing roof membrane and 2,200 f, NA substrate to expose the structural wood square feet t 8-J'+� deck. Phase I Work Area - Install new EPDM 2,200 NA D4c membrane. #J3�S�,S, co square feet Phase 2 Work Area - Removal and U4d disposal of existing roof membrane and 1.700 NA 7161 substrate to expose the structural wood square feet Ci - - • CU deck. Phase 2 Work Area - install new F.PDM l 700 4Doe membrane. J n g 3 '. r, NA square feet Replace damaged wood decking in Budget I d $ 3, .'a D4f Phase I and 2 work areas at unit rates 32z,vo Per square • square feet foot Fill cracks and voids in wooden railing 46 WoodenU4g and pergola supports f � _ NA Supports D5 Provide Performance and Payment Bonds bump Sum *3g7ii C.7 NA TOTAL OF ALL BASF BID AMOUNTS *„.r***;�*x** .*+****.** i5l, /.7z. * 9 Contract 4 145.2017 Rev, 8.31 I jaa js liudget [,inc Item# 110.24.92824.82286 I. Allowance Amounts -- The amounts included in the Bid will be used for work that cannot be fully defined prior to removal of existing construction to identify concealed conditions or for unidentified work that may be encountered during the project. The Contractor will submit work item proposals for C'ounty's approval prior to execution of applicable work items. Any unallocated amounts will he retained by the County. Unit Price Adjustments to Base Bid Amounts — The Unit Prices in the right column above will be used to adjust the Contract Amount for actual quantities of work completed in variance with the quantities included in the Base Bid Amounts. Where Base Bid Quantities are provided and Unit Pricing is not requested, as indicated by NA in the Unit Price column, the work item shall he completed for the Lump Sum Base Bid Amount regardless of the quantity provided. The Contractor is responsible to verify all such quantities prior to bidding. ALTERNATE NO. 1: // Provide a 20-year manufacturer warranty in lieu of a 15-year warranty.�7 /1 !-`tt_ -b� C v c! �� C �r?1 ""� r jri�r l$ 3/�3 f.c.A� L t�7o 1 �r� de State price in both words and figures ALTERNATE NO. 2: Provide tapered insulation to provide adequate drainage on all six low-slope roof sections. t 4/1 CIA.s r,rvA, 5e tie k h red Tc �-F t ($ / 2—f 7?1 t State price hi both words and figures ALTERNATE NO. 3: Replace the counter flashing boots on plumbing vents identified on the standing seam metal roof sections as indicated on the Drawings. / C) •e„ c�wA *e__ k1 r J, if . /1 j 65 C), cal State, /lk,tip ,t`WdiL �$ Th 5 price in both worm and figures ALTERNATE; NO. 4: Bidder proposes to fill wood checks and cracks on all railing and pergola supports for the remainder of the support length. Proposer shall use same wood Ell associated with the base bid installation work. 7 i' o ,t,t.. d o_t_ re��, for w:� �t (� �4 NZ . c' State price in both words and figures 4 Ia p Contract#145.2017 Rev. 8.25.11 jaa 4)1JKIN V COUNT (c •' .) Contract # 145 2017 Exhibit A GENERAL REQUIREMENTS SECTION 010000 PART 1 - GENERAL 1.01 QUALITY ASSURANCE A. Comply with industry standards except when specified requirements indicate more rigid standards or precise workmanship. B. Comply with manufacturer's instructions in full detail,including each step in sequence. C. Provide copies of these Specifications to all subcontractors, and maintain a copy at the job site for the duration of the project. D. Notify County Representative verbally,followed in writing, of any condition that Contractor believes will result in unsatisfactory performance, or of any items of non-conformance between these Specifications and manufacturer's recommendations or instructions. 1.02 PROJECT MEETINGS A. Attendance is mandatory for all meetings called by County. B. The contractor shall attend a pre-construction meeting organized by the County ten (10) working days prior to the start of full-scale construction to review coordination and access issues as well as all other necessary items. The delivery of materials or equipment shall not occur until the pre-construction meeting has occurred. 1. Attendance: a. Provide attendance by authorized representatives of the Contractor and major subcontractors. Contractor shall coordinate attendance of these parties.Work shall not begin until such parties have been included in the pre- construction meeting. 2. Minimum agenda: Data will be distributed and discussed on at least the following items: a. Organizational arrangement of Contractor's forces and personnel, and those of subcontractors,materials suppliers,and County. b. Channels and procedures for communication; Contract 145.2017 Rev. 8.25.I l jaa c. Construction schedule,including sequence of critical Work; d. Contract Documents, including distribution of original Documents and revisions; e. Processing of Shop Drawings and data submitted to County for review; f. Processing of Applications for Payment, field decisions,and Change Orders; g. Permit Application timeline and updates; h. Rules and regulations governing performance of the Work; and i. Procedures for security,quality control,housekeeping,and related matters. C. The Engineer will schedule and administer project progress meetings with the Contractor and County's on-site representative throughout the progress of the Work.The Engineer shall record and distribute minutes of each meeting to the attendees and those delegates identified by the County. 1. Attendance: a. To the maximum practical extent, assign the same person or persons to represent the Contractor at project meetings throughout progress of the Work. b. Subcontractors, materials suppliers, and others may be required to attend those project meetings in which their aspect of the Work is involved. 2. Minimum agenda: a. Review,revise as necessary,and approve minutes of previous meetings. b. Review progress of the Work since last meeting, including status of submittals. c. Identify problems that impede planned progress. d. Develop corrective measures and procedures to regain planned schedule. e. Complete other current business. 3. Revisions to minutes: a. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. b. Challenge to minutes shall be settled as priority portion of"old business" at the next regularly scheduled meeting. D. The Contractor representative attending the meetings must have the authority to make binding decisions for the Contractor. 1.03 NOTIFICATIONS A. The Contractor shall provide an updated work schedule on a weekly basis that outlines the anticipated crew levels and work to be performed. This information shall be sent to the County by electronic mail. B. Prior to the start of Work,Contractor shall communicate to the County the anticipated work to be completed at the site and crew level. Schedule updates and notifications will be addressed at the weekly progress meetings.If no work will be on-going,notification shall still be sent so notifying all parties. Contract# 145.2017 Rev. 8.25.11 jaa 1.04 SEQUENCING AND SCHEDULING A. The Contractor is prohibited from using any of the facilities except those specifically identified in the bidding documents or approved by the County in writing to the Contractor. B. Provide sufficient and adequate materials,personnel,and equipment to facilitate completion of the Work without undue delays.Conduct the Work in a manner to minimize inconvenience to building users and employees. 1.05 WEATHER CONDITIONS A. No Work shall be performed under adverse weather conditions, immediately after rain, during thunderstorms, or when temperatures are above or below manufacturer's recommended limitations for materials installation. B. Proceed with the Work only when weather forecasts are favorable for proper development of the performance characteristics of the materials. C. Protect the building from inclement weather and be responsible for all damage repairs necessary due to lack of protection. 1.06 PRE-JOB DAMAGE SURVEY OF FACILITY A. Perform a thorough pre-job survey of property and all affected areas of the building with the County prior to starting the Work to document existing damage, and provide a written summary to the County with photograph documentation. Damaged items identified will not be the responsibility of Contractor unless further damaged by Contractor during execution of Project. B. Any damage to building or property not identified in the pre-job damage survey as having resulted from execution of this Contract may be found to be the responsibility of the Contractor to correct at no additional expense to County. 1.07 WORKING HOURS A. The working hours and restrictions will be discussed at the mandatory pre-bid meeting. B. Contractor shall comply with local noise restrictions during performance of the work. C. Work shall be performed allowing the County access as agreed upon by County and Contractor. } Contract# 145.2017 Rev. 8.25.11 jaa "KIN COUNT • Contract # 145.2017 Exhibit B SUMMARY OF WORK SECTION 011100 PART 1 - GENERAL 1.01 DESCRIPTION A. The project work will occur at the Pitkin County Temporary Administration Building located at 123 Emma Road in Basal, Colorado. The Temporary Administration building is a 2-story commercial building with an exterior deck to access the second-floor tenant spaces. The building's second-floor decks and plaza decks have an Ethylene Propylene Diene Monomer (EPDM)single-ply membrane which was concealed by a Trex boardwalk surface.The second- floor roofs sections consist of six gable roofs covered with a standing seam metal roof panels, once arched roof covered with standing seam metal panels,and six low slope roofs covered with Thermoplastic Polyolefin (TPO) single-ply membrane. The second-floor roof areas contain various. roof top mechanical units, fans, electrical conduit, natural gas piping, and mechanical air ducts. B. The purpose of this project is to replace the existing TPO single-ply membrane on six low slope roof areas and the EPDM single-ply membrane concealed by the existing walking surfaces on the exterior second-floor deck. The six roof sections and exterior decking total approximately 3,300 and 3,900 square feet respectfully. The second floor is accessed from stairwells on the North and East side of the building. C. Require that all phases of the Work be executed by skilled craftsmen experienced in their respective trades. 1.02 WORK INCLUDED IN THE CONTRACT DOCUMENTS A. Provide labor,materials,equipment,and supervision to perform the work as required by the Project Manual and Drawings,and as generally outlined below.Refer to the technical sections and Drawings for detailed description of work. All work shall be performed in accordance with this Project Manual,applicable building codes,and accepted industry standards. B. Examine the site and verify dimensions and conditions necessary for completion of the Work. Conditions that exist prior to or during the bidding process shall be considered pre-existing conditions. Conditions that may materially impact the performance of the work that are not indicated on the construction documents shall be noted to the Engineer/County for their review prior to submittal of the bid. Contract= 1-I5.2017 Rev. 8.25.11 jaa C. Coordinate necessary project review by all material manufacturer representatives to provide maximum manufacturer warranty for all installed products. D. Base Bid Work- Provide labor, materials, equipment and supervision to perform the work as required by the Project Manual, and as generally outlined below. Refer to the Technical Sections and Drawings for detailed description of work. The following descriptions of work are coordinated to the items listed in the Bid Form. 1. Project mobilization, general conditions, and incidentals including full time on-site job superintendent, and all required construction permits required by the Town of Basalt and Pitkin County. Provide full-time site supervisor with ten or more years' experience be on-site at all times that work is being performed. A project Superintendent approved by the County shall be present any time there are personnel under the Contractor's agreement on the property.Superintendent shall speak fluent English. 2. Provide all protection barriers, work curtains, overhead protection, and secure the exterior door when the roof perimeter rail is temporarily down to restrict access to work areas and to maintain safety for the building occupants and pedestrians,and to minimize, control, and contain any debris generated by the work of this Contract. Remove all at the completion of the work. 3. Low-Slope Roofing Areas: a. Obtain and coordinate necessary work forces to disconcert and reconnect electrical natural gas piping, air ducts, lightening protection and other services to temporarily remove mechanical systems to install the required roofing installation work. b. Demolish,remove,and dispose of the existing roof membranes and substrate materials to expose the structural wood roof deck. c. Replace all damaged wood decking at unit rates, Budget for 100 square feet of replacement d. Mechanically fasten new roof cover board over the existing plywood substrate and install mechanically fastened Thermoplastic Polyolefin (TPO) single-ply membrane on all six low slope roof areas. 4. Exterior Deck Areas: a. Temporarily remove, salvage, and reinstall the existing Trex decking boards in both Phase 1 and 2 work areas.Supplement with like-in-kind to provide an installation to match the existing. b. Phase 1 Work Area - Demolish, remove, and dispose of the existing exterior deck membrane in areas as identified on the Drawings for replacement and repair to expose the structural wood deck. c. Phase 1 Work Area- Install mechanically fastened Ethylene Propylene Diene Monomer(EPDM)single ply membrane in exterior deck areas as identified on the Drawings. d. Phase 2 Work Area - Demolish, remove, and dispose of the existing exterior deck membrane in areas as identified on the Drawings for replacement and repair to expose the structural wood deck. Contract# 145.2017 Rev. 8.25.11 jaa e. Phase 2 Work Area- Install mechanically fastened Ethylene Propylene Diene Monomer(EPDM)single ply membrane in exterior deck areas as identified on the Drawings. f. Replace all damaged wood decking at unit rates, Budget for a total of 100 square feet of replacement. In Phase 1 and Phase 2 work areas. g. Use a wood filler and stain to fill in wood cracks and checks on all railing and pergola supports approximately 6"-8"above the membrane termination. 5. Provide Performance and Payment Bonds for the above bid items. E. Provide single source Manufacturer's and Contractor's warranties for the entire system and as required by the specifications.The material and membrane warranty must be supplied by the manufacturer. F. Alternate No. 1: Provide a 20-year manufacture warranty in lieu of a 15-year manufacture warranty. G. Alternate No. 2: Provide tapered insulation or a roof slope compound to provide adequate drainage on all six low-slope roof sections. H. Alternate No. 3: Replace the counter flashing boots on plumbing vents identified on the standing seam metal roof sections as indicated on the Drawings. I. Alternate No. 4: Fill wood checks and cracks on all railing and pergola supports for the remainder of the support length. Bidder shall use the same wood fill associate with the base bid installation work. J. Verify all unit priced repair quantities prior to beginning the Work with the County/Engineer. Provide documentation of same to County/Engineer prior to start of work. Provide documentation and accounting of actual repair quantities with each Application for Payment. K. Provide sufficient and adequate personnel,materials,and equipment to accomplish the Work in a timely manner. Include all incidentals necessary to accomplish the Work listed in these Specifications. Require that skilled craftsmen experienced in their respective trades execute all phases of the Work. L. Contractor may subcontract any phase or portion of the Work. However,each subcontractor must be approved by the County and such subcontract shall not relieve Contractor from enforcing the use of all required safety equipment by subcontractor and its employees providing any phase of the Work. Require and verify that all materials and methods used by subcontractor are consistent with materials, methods and procedures specified in the Contract Documents. M. Provide Contractor's 2-year labor and workmanship warranty and product warranties as outlined in the technical specifications. N. Clean up all construction debris in areas used in construction of this project on a daily basis and remove from site.Upon completion of the project,perform final clean to the satisfaction of the County and Engineer. Debris removal may not interfere with County's use for housekeeping personnel and shall not be placed in County or building tenant dumpsters. 0. To achieve satisfactory performance from the Work, it may be necessary to perform unanticipated work items encountered during the course of the Work, as recommended by the Engineer. Notify County and Engineer of any additional required work encountered not described in the Specifications. ('ontract# 145.2017 Rev. 8.25.1l jaa P. Change orders for additional payment will only be considered for such additional work items if they represent a substantial change to the Work. 1.03 SCHEDULING AND COORDINATION A. Coordinate the Work with County and conduct Work in a manner to minimize inconvenience, and to expedite the Work to maintain the Project Schedule. B. Establish a consistent daily work schedule with the County. Obtain the County's approval prior to revising the established daily work schedule. C. Provide sufficient and adequate materials,personnel,and equipment to facilitate completion of the work without undue delays. 1.04 PERMITS/LICENSING A. Contractor shall obtain and pay for all permits and licenses, including public space, pedestrian protection,public safety permits,and parking permits, required by all applicable authorities. 1.05 COUNTY OCCUPANCY A. The premises will remain occupied during the entire construction period for the conduct of normal operations.Cooperate with County in scheduling operations to minimize conflict and to facilitate County usage. B. Contractor shall at all times conduct its operations as to ensure the least inconvenience to the general public. All Work shall be performed in a manner to protect the building and public from damage and in accordance with OSHA requirements. C. Predetermine and obtain approval in advance from County and tenant for vertical and horizontal transportation of labor, materials and equipment around or within the property/buildings. D. Contractor, sub-contractors and all other individuals on the job site shall refrain from smoking or loud music. 1.06 CONTRACTOR USE OF PREMISES A. The Contractor and all subcontractors, vendors and materials suppliers accessing the property in the execution of the project must coordinate with the County Representative concerning use of the premises, parking, loading, and unloading. Contractors must comply with County's requirements and applicable provisions to access and work on the property. B. Where it is necessary for the Contractor to use portions of existing facility or grounds for operations, such use shall be strictly in accordance with requirements and approval of the County.Contractor shall provide proper and safe access to County occupied areas at all times. C. Unless otherwise indicated or specified,or unless otherwise directed by the County,existing water,gas,lighting,power,and telephone conduits and wires,sewer lines,and other surface and subsurface structures and lines, shall be maintained operational during progress of Work; should Contractor in performance of the Work, disturb, disconnect or damage any of the above, expenses arising from disturbance, or in replacing or repair, shall be borne by Contractor. D. Contractor shall: 1. Not unreasonably encumber site with materials and equipment. 2. Not load structures with weight that will overload structure. ♦ Contract# 1-15.2017 Rev. 8.25.11 jaa 3. Assume full responsibility for protection and safekeeping of stored products. 4. Obtain approval from County, and the governing authorities regarding trailer/dumpster storage and the restriction of traffic or parking. 5. Obtain and pay for use of additional storage and/or work areas as needed for operations. E. Upon receipt by the Contractor of Notice to Proceed from the County, the County will make the Project site available to the Contractor to execute the Work under the Contract. 1.07 EXISTING CONDITIONS A. Existing conditions are reflected correctly to the best of the County's and Engineers knowledge. Should minor conditions be encountered which are not exactly as indicated, modification to accommodate new Work shall be made as required at no additional expense to the County. B. Verify existing conditions and notify Engineer should the conditions vary from those described in the Contract Documents. C. All requests for change orders for additional payment will not be considered for such additional work unless previously approved by the County in coordination with the Contractor's contract. 1.08 METHOD OF PAYMENT A. Payment shall be made based on ninety percent(90%)of actual materials installed and work completed per building with ten percent (10%) retainage. Contractor may invoice for installed materials only, unless otherwise agreed in writing with County/Agent. Contractor may only invoice for work completed to-date,not for future work. B. Contractor shall submit applications on a monthly basis. Release of Liens documentation is required with each Application for Payment. C. Allow at least five (5) working days for review by the Engineer following Engineer's receipt of the Application for Payment. Contract#145.2017 Rev. 8.25.11 jaa orKIN v COUNT >> • Contract # 145.2017 Exhibit C CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SECTION 015000 PART 1 - GENERAL 1.01 SECTION INCLUDES A. General requirements for utilities and services, construction aids, barriers and enclosures, security,access and parking,temporary controls,project signs,storage boxes,field offices,and sheds. 1.02 GENERAL REQUIREMENTS A. Contractor shall provide all construction facilities and temporary controls specified in this Section and as necessary for the proper and expeditious prosecution of the Work. B. Contractor shall make, or have made, and pay all charges for all added connections to and distribution from existing services and sources of supply. C. Requirements of service and utility authorities relating to the Work shall be ascertained by Contractor.Comply with all such requirements,including those relating to continued protection and maintenance until completion of Work. D. Materials and construction for Construction facilities and temporary controls may be new or used, shall be adequate in capacity for required usage,and must not create unsafe conditions. Comply with requirements of Federal,State,and Local authorities having jurisdiction. E. Construction facilities and temporary controls shall be maintained by Contractor in usable condition at all times until completion of Work or their removal is authorized by Engineer or the County Representative. F. Relocate temporary services and facilities as required by progress of construction,by storage or work requirements,to accommodate requirements of County and other contractors employed at the Site,and when directed by the County Representative. G. Completely remove temporary services and facilities when their use is no longer required and at completion of Project,when directed by the County Representative. H. Clean and repair damage caused by temporary services and facilities to new condition for new work and to a condition as good as or better than existed prior to start of Work for existing construction,services,and facilities. (oinracl 145.2017 Rev. 8.25.11 jaa 1.03 TEMPORARY UTILITIES AND SERVICES A. General: Arrange and pay for connections, materials, and appurtenances required to provide temporary utilities and services. B. Electricity: 1. Coordinate connection to existing power service with the County. Power consumption shall not disrupt County's need for continuous service. 2. County will pay cost of energy used. Exercise measures to conserve energy. 3. Connections to the facility power supply to be provided by Contractor. 4. Acceptance by the Contractor of the use of County's electricity constitutes a release to the County of all claims and of all liability to the Contractor for whatever damages resulting from power outages or voltage variation. C. Water Services: 1. Coordinate with County regarding connection to existing water source for construction operations. 2. County will pay cost of water used.Exercise measures to conserve water. 3. Connections to the facility water supply to be provided by Contractor. 4. Acceptance by the Contractor of the use of County's water constitutes a release to the County of all claims and of all liability to the Contractor for whatever damages resulting from water use. D. Sanitary Facilities: 1. Contractor shall provide their own sanitary facility. Contractor use of sanitary facilities within tenant spaces are strictly prohibited. E. Temporary Fire Protection,if Applicable: 1. Construction practices, including cutting and welding, and fire protection during construction shall be in accordance with applicable requirements of Federal, State, and Local authorities having jurisdiction.Provide prominently located multi-purpose type portable fire extinguishers. 2. The Contractor shall provide a dedicated person to perform fire watch duties any time during and after that burning or welding occurs on the project. F. Signage:No sign or advertisement shall be displayed without the County's approval. G. Telephone: On-site Contractor supervisor shall a cellular telephone and shall have a crew member available that is fluent in English. Telephone number shall be provided to both the County and Engineer. 1.04 BARRIERS AND PROTECTION A. Protect facility, glass doors and windows, equipment, sidewalks, plantings, pavements and parking areas impacted by Work.Contractor is responsible for cleaning or repairing any surfaces or property that are marked or otherwise damaged as a result of the Work to the satisfaction of County,and at the Contractor's expense.Actively provide and construct barriers to protect the pre-mentioned components. Contract# 145.2017 Rev. 8.25.11 jaa B. Provide barriers to prevent unauthorized entry to construction areas and allow for County's use of site,and to protect existing facilities and adjacent properties from damage from construction operations and demolition. 1.05 STORAGE/STAGING AREA A. The Contractor staging location and debris disposal will be discussed at the mandatory pre-bid meeting. B. Material delivery and storage will be discussed at the mandatory pre-bid meeting. C. While not in use, store all materials,tools and equipment in previously approved staging area and in locked storage containers. D. Store all materials remaining on-site in locked storage containers,in an environment suitable to maintain material properties,and as otherwise required by regulating authorities. 1.06 SECURITY A. Provide security program and facilities to protect Work, existing facilities and County's operations from unauthorized entry, vandalism, and theft. Coordinate with County's security program.Project security within limits of construction is Contractor's responsibility. B. The Contractor shall submit a list of all sub-contractors working on the property and the personnel's name to County. 1.07 PARKING A. The Contractor shall have two (2) parking spots on-site. Parking in the staging area is strictly prohibited. The County suggests the Contractors utilize close street parking (not on-site) and access the site on foot. 1.08 TEMPORARY CONTROLS: A. Cleaning During Construction: Contractor at all times shall keep the premises free from accumulation of waste materials and rubbish caused by operations for the entire Work.Provide a collection can at each area used for eating. Pick up garbage daily. Keep Project Site free of garbage, trash, vermin and rodent infestation. Contractor, by agreement, shall require each subcontractor to collect and deposit waste and rubbish caused by subcontractor operations at pre-designated location. Clean interior areas prior to start of finish work.Maintain areas free of dust and other contaminates during finishing operations. B. Traffic Control: Conduct construction operations and the removal of debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. C. Noise Control: In and around occupied areas,minimize use of noise producing equipment. Work with noise producing equipment is subject,at all times,to County's approval of entire procedure. Use only on a scheduled basis as agreed with the County Representative prior to start of construction operations. 1.09 PROTECTION OF PERSONNEL,MATERIALS,EQUIPMENT,AND PROPERTY A. Temporary Protection Against Theft,Damage and Weather 1. Payment by the County for any materials, equipment or labor incorporated into the Work shall not be deemed to be an acceptance by the County.The risk of loss to such materials, equipment or cost of labor spent to install such shall remain with the Contract# 145.2017 Rev. 8.25.11 jaa Contractor and the Contractor shall be fully responsible for such materials, equipment,and labor. Stolen, damaged, vandalized, missing equipment or materials or weather damage shall be considered the property of the Contractor until final acceptance by County. 2. The Contractor shall protect and maintain all streets, vegetation, and sidewalks on the site used in transporting equipment and materials during this Contract. 3. Protect materials and existing facility from weather as they maybe adversely affected by the Work of this Contract. 4. Any damage to the new Work or existing property and/or contents by Contractor's failure to provide protection required above shall be corrected at the Contractor's expense. 1.10 CONSTRUCTION CLEAN-UP A. Clean-up During Construction: 1. Purpose: Clean-up shall be performed daily to prevent accidents to persons or property, protect all Work in place, and to effect completion of the project in an orderly manner. 2. Extent of Clean-up: Construction clean-up shall consist of the removal of all mud,oil, grease, sand, gravel, dirt, trash, scrap, debris, and excess materials, from any roof, floor space,windows, drive or walking surface. Particular attention shall be given to the prevention of stains on surfaces that will be exposed in the finished Work. 3. Loose materials or debris being removed from the site by the Contractor's vehicles, which becomes deposited on the roadways or other outside access areas, shall be cleaned up and removed daily. 4. "Clean"areas will be judged against a"broom-clean"standard. w fJ OFR rn Ww�.a s w... ,IX-Tr.. Q PROJECT MANUAL FOR 2017 ROOF AND DECK REPLACEMENT �Th,� PITKIN COUNTY ADMINISTRATION BUILDING �CUUNTSr I, 123 EMMA ROAD ` 0,,,,,,„all SINN BASALT, COLORADO 81621 ._ . . S>„F,.,.Read 0 - I 0 Pn,vFPiae • Basalt RUN Her Hewn Cs'e ¢m« r 0 SHEET LIST TABLE FZ . z 0,, . Sheet Number Sheet Title W IL 5 m NORTH T-01 TITLE SHEET 0 z ®„RELOCATION AS) A-01 _ PROJECT OVERVIEW a O g A-02 WIND MAP w g $Q A-03 ROOF LAYOUT SECTION 1 Y N 1 PREPARED BY: A-04 ROOF LAYOUT SECTION 2 ur f - i G A-05 ROOF LAYOUT SECTION 3 0❑ 6 5 . A-06 ROOF LAYOUT SECTION 4 8 5 LL i A-07 ROOF LAYOUT SECTION 6 1FEFACILITY A-08 DECK LAYOUT 8 a ENGINEERING D-01 ROOF DETAILS I`z z D-02 ROOF DETAILS N R /�L` ASSOCIATES D-03 DECK DETAILS a �_. ./ '''Z r FACILITY ENGINEERING ASSOCIATES,P.C. *►' {;ws. 405 URBAN STREET,SUITE 300 /4 LAKEWOOD,COLORADO 80228 303.984.7300 PH RELEASED FOR REVIEW PURPOSES 303.984.7301 FAX ONLY. 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