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HomeMy WebLinkAboutbocc.con.225.2017 0, it, ` Pitkin County (" Contract Cover Sheet Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County Project Manager Retum all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (pros urcmenot pitkmcounty aim) Any contracts$50,000 and over w ill be routed for signatures to County Manager and Attorney's Office(if required)by Procurement&Contracts Manager Contract Information Contract Number 225 2017 Project Name On Call Electrician Contractor R&A Enterprises Budget Line Item 111.55.00928.82001 Additional Budget Line Item(s) C L:'I. I-e r c to erre r and special notes to Finance Contract Start Date 10/15/2017 Contract End Date 10/14/2018 Automatic Renewal Yes U No© If Construction' Retainage Ctrl. hrci [o 'Vitra If this is a new contractor,please request they complete and submit to Finance a W-9 Form Contact Information: Department Facilities Project Manager Jodi Smith Project Manager 970-920-5396 Phone Provide a brief description of the contract: On Call Electrical Services—Parking Building Heater Lines Contract Value Summary: Contract Amount This Change order/Amendment amount(if applicable) $ 1,536.00 New Contract Total $ 1536.00 Procurement Method: None D Informal❑ Formal U Sole Source❑ Emergency U Contract Renewal n Contract Type: Services/Maintenance ® Construction U Goods,Equipment, Supplies U Change Order/Amendment n Other,please explain U I _I I ,1 _ .I _ ;, I NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract#225 2017 nevrstoo 07/13/2017 btf i ! "1.11 MASTER SERVICE AGREEMENT FOR PROVISION OF ON-CALL ELECTRICAL SERVICES THIS MASTER SERVICE AGREEMENT ("Agreement"), is made and entered by and between the Board of County Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt. CO 81621, ("County") and R & A Enterprises of Carbondale, Inc , 5317 County Road 154, Ste 201, Glenwood Springs, CO 81601 (hereinafter called the "Contractor") Term of Contract The term of this contract is from October 15, 2017 to October 14, 2018. At the expiration of the initial term, the contract may be extended for four (4) additional terms of one (1) year by the express written consent of both parties. II Contractor's Obligations: Contractor shall provide: A. General:The Contractor shall perform experienced electrical work to include repair and routine maintenance work at various County assets. The Contractor will occasionally be required to work non-traditional house, i.e.; hours other than 7:00a.m To 5 OOp.m., Monday-Friday, this may exceed minimum industry standards. Needed services during the contract period will be request through the issuance of task orders. All task orders should have a building name and/or task order number and should be referenced on all invoices and statements. There is no guaranteed minimum amount of services to be ordered County reserves the right to supply any or all materials.The awarded vendor shall perform all eledncal work that requires a contractor's license. B. The service shall include, but not limited to: • Provide or schedule normal services as established in the task order within seven (7) working days Response is determined to mean that all work shall commence within the specified time frames where the necessary parts are readily available. When parts need to be ordered, the parts shall be ordered within the specified time frames and work will commence within seventy-two (72)hours upon receipt of the parts. • Provide emergency or urgent requested services within four (4) hours of request. • Provide an after normal work hours' phone number or paging service to be used by the County to request emergency services. • Obtain permits for all required work and have work inspected is the responsibility of the successful proposer, per City of Aspen and County code requirements Contractor shall schedule and be present at all electrical inspections as required and certificate shall be provided to the County 1 Contract#225 2017 Revision 07/13/2017 btf • Perform work to the current electrical codes as accepted by the City of Aspen and County building officials. • Workmanship level shall be the standard of practice and acceptable to the Facility Director or designee. • Contractor shall install energy efficient parts and/or equipment on all County jobs. • Contractor shall attempt to recycle all parts and or equipment removed from County assets • Job site clean-up must be done at the end of each day and again at the end of each project/job County dumpsters shall not be used for electrical debris, unless authorized by Facilities Director or designee prior to doing so. • Provide evidence of adequate staff and equipment sufficient to perform the quality services • Carry insurance levels as indicated in the Contract documents • Proposal shall include the percentage of markup on parts over actual cost. • Travel time shall not exceed two (2) hours per trip, per day • Provide all documentation on all work completed;panel schedules, instruction, data sheets, warrantees, etc. • All electrical panels must be updated each time work is completed within that panel. • Notify the Facilities Operations Manager of any items discovered while working on County assets, submit written recommendation for corrective measures including scope and estimated cost. C. Unsatisfactory Performance: County may consider the following performance by the awarded vendor as unsatisfactory performance. An unsatisfactory performance determination shall not be limited to the following: • In excess of one service "call back" to correct the same problem within thirty (30)consecutive calendar days. • In excess of one (1) instance within one(1) calendar year of vendor personnel assigned to an authorized service call not having the skill or knowledge to diagnose the problem and/or perform the repair • In excess of two(2) instances within one(I)calendar year of response time, as defined in this specification, to an authorized service call exceeding the two- hour(2-hr) limit D. Performance Warranty: Work performed under the task order shall meet all applicable requirements of the latest revision of the Mechanical,National Electrical and Unified Building and Plumbing codes. The vendor shall guarantee all work included in the task order against any defects in workmanship; and shall satisfactorily correct, at no cost to the County, any such defect that may become apparent within a period of one (1) year after completion of work. The warranty period shall commence upon date of final payment by the County. E Material Warranty: Parts furnished under the purchase order shall be the latest improved models in current production, as offered to commercial trade, and shall be of quality material, used, shopworn, demonstrator, prototype, reconditioned or discounted models or materials are not acceptable. The warranty period for vendor provided materials shall be for a period of one (I) year after completion of the 2 Contract#225 201.7 Revoion 07/13/2017 btf installation or within the manufacturer's warranty, whichever is the later period. The warranty period shall commence upon date of final payment by the County Vendor shall provide the authorized County representative with all manufacturers' warranty documents upon completion of installation and prior to leaving the job site F. Safety Contractor shall provide all equipment and tools which shall be the appropriate type for the task to which its use has been assigned and shall be well maintained, calibrated, and in proper working order before use in the performance of the service Contractor shall, prior to commencing work, thoroughly examine and become familiar with the system(s) and associated facilities to ensure the service can be completed in an orderly, safe manner. Contractor shall maintain a safe work environment at all times. Contractor shall report immediately to County's authonzed representative the existence of unsafe condition(s), which will compromise the performance of the service G. Fee Schedule: All work shall be performed per the following Rates per Hour One(I)Hour Minimum on all Calls Description Regular Overtime Emergency After Hours Journeyman $75.00 $113.00 $113.00 $11300 Apprentice $53.00 $80.00 $80.00 $80 00 Mark Up on 10% Materials Tool/Equip Daily Weekly Monthly Delivery<40min Delivery>40min 100K W $312 00 $936.00 S2,808.00 $85 00 $170.00 Generator 400A $12500 $380.00 $95000 $85.00 $170.00 Distribution Gear 35' Single $100.00 N/A N/A $85.00 $17000 Bucket Truck 55' Single $250.00 N/A N/A $85.00 $170.00 Bucket Truck Wire Pull $86.00 $34400 $1,376.00 $85.00 $17000 Tugger and Trailer Job Box $47.00 $189.00 $756.00 $85.00 $170 00 Material $71.00 $285.00 $1,040.00 $8500 $17000 Trailer Hydronic $115.00 $461 00 $1,640.00 $85 00 $170.00 Pipe Bender Underground $201 00 $805.00 $3,216.00 $85.00 $170.00 Fault Leader 3 Contract#225 2017 Rews on 07/13/2017 btt Tool/Equip Daily Weekly Monthly Delivery<40min Delivery>40min Heater $12500 $476.00 $1,704.00 $8500 $170.00 50a Turtle w/ $200.00 $500 00 $1650 00 $85.00 $170.00 100'50 Cord 50a Turtle w/ $250.00 $540.00 $1725 00 $85 00 $170.00 200'SO Cord Locator $250.00 $54000 $172500 $85.00 $17000 Fee Schedule Exclusions. 1. Excavation, compaction or backfill 2 Generators(unless otherwise specified) 3 Security System 4. Any concrete work coring (unless otherwise specified) or patching 5 Lightning protection 6 Dimming Systems 7. Door Operator Equipment 8. Bid or Performance Bond 9 Overtime,based on 40 hours per week schedule (unless otherwise specified) 10. Snow Removal 11 Cutting or trimming of finished surfaces including logs and beams 12 Any damage caused by water 13. Shade wiring 14. Low voltage wiring for mechanical equipment H. Sen-ices for various County projects as set forth herein and as set forth in the individual Task Orders, which Task Orders shall be made a part of this contract upon execution by the County and the Contractor. Contractor shall complete the scope of work as defined in the individual Task Orders issued by the County, from time to time, and agreed upon by Contractor. The projects defined in the individual Task Orders shall he the County's engineering requirements for work with an estimated value of under thirty thousands dollars and zero cents ($30,000.00). All projects that are estimated to he over thirty thousands dollars and zero cents ($30,000 00) shall be subject to formal Request for Proposal/Quotation. 1. If required,the Contractor shall subcontractors to complete the work defined in the Task Orders. Subcontractors shall be added by written agreement from both parties III Compensation and Expenses, Invoicing, Payment and Offset The County shall compensate Contractor for its services in accordance with the Project Budgets and Schedules set out in the Task Orders. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum defined in the Task Orders.By Task Order or Task Order Amendment,the County and Contractor may reallocate the budget among project tasks if the total budget 4 Contract tt 225 2017 ReVISI011 07/13/2017 ml amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice, but any payment by the County may be offset by any amount the Contractor owes the County for any reason IV. County's Exclusive Ownership of Work Product. Drawings, specifications,guidelines and other documents prepared by Contractor in connection with this Agreement shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing, professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this Agreement, including the right to: I) reproduce the work; 2)prepare derivative works; 3)distribute copies to the public;4)perform the works publicly; and 5)to display the work publicly Contractor shall have right to use materials produced in the course of this Agreement for marketing purposes and professional presentations, articles, speeches and other business purposes. V. Pitkin County's Obligations. Pitkin County shall administer this Agreement through a County Representative identified in the individual Task Orders The services provided and products delivered by the Contractor under this Agreement will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. VI. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Agreement, with or without cause, by giving wntten notice to the Contractor of such termination and specifying the effective date thereof Such notice shall be given at least ten (10) days before the effective date of such termination In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Agreement shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the Agreement for any satisfactory work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. VII Independent Contractor Status. A. The parties to this Agreement intend that the relationship between them contemplated by the Agreement is that of independent contractor Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County B Contractor is not required to offer his services exclusively to Pitkin County under this Agreement. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable 5 Contract tt 225 2017 Pension btf products required under this Agreement are submitted in the manner and on the schedule defined under this Agreement C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this Agreement. D Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Agreement. E Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state,FICA and other income taxes VIII. Assignability This Agreement is not assignable by either party Any use of subcontractors by the Contractor for performance of this Agreement must be accepted in writing by the County. IX Severability In the event that any proxision of this Agreement shall be held to be invalid or unenforceable,the remaining provisions of this Agreement shall remain valid and binding upon the parties hereto X. Integration and Modification. A. This Agreement represents the entire and integrated Agreement between the County and the Contractor and supersedes all prior negotiations,representations,or Agreement,either written or oral. This Agreement may be amended only by written Agreement signed by both the County and the Contractor. B. The County may, from time to time,request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this Agreement Xl 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 Agreement 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 Agreement of indemnity 6 Contract IX 225 2017 aevmr,n 07/13/2017 bt/ applies. In consideration of the award of this Agreement, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend,pay or settle all claims,demands,or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent XII. Insurance Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Agreement arc satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might anse out of the performance of the work under this Agreement 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 Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types A Coverage and Limits of Insurance. Coverage and Limits of Insurance Contractor shall provide coverage with limits of liability not less than those stated below An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form"basis. I) Statutory Workers' Compensation: Colorado statutory minimums a Policy shall contain a waiver of subrogation against the County. b This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form Minimum Limits. Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 7 Contract#225 2017 Revsoon 07/13/2017er/ 2) Commercial General Liability— ISO ICG 0001 form or equivalent (With County named as an addaional insurer/) Minimum Limits. General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000.000 Personal/Advertising Injury $ 1,000,000 Fire Damage(Any One Fire) $ 50,000 Medical Payments(Any One Person) $ 5,000 Coverage to include. • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal /Advertising Injury • Products/Completed Operations • Liability assumed under an Insured Contract(including defense costs assumed under contract) • Independent Contractors • Designated Construction Project(s) General Aggregate Limit, ISO CG 2503 (1997 Edition) or equivalent • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition) or equivalent • Additional Insured- Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition)or equivalent • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County. its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials,trustees,employees,agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by. or on behalf of the Contractor, including completed operations" 3) Auto Liability: Bodily injury and property damage for any owned, hired and non-owned vehicles used in the performance of this Contract. Minimum Limits. Statutory Coverage Bodily/Property Damage(Each Accident) $ 1,000,000 4) Special Coverages (cheek as appropriate and Insert amount): a. 0 Performance Bond $ b. 0 Professional Errors and Omissions c. 0 Aircraft Liability S Contract#225 2017 aev,s on 07/13/2017 btf d. ❑ Owner's Protective e. 0 Builder's Risk f 0 Boiler and Machinery g ❑ Loss of Use Insurance h. 0 Pollution Liability 1. ❑ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance I) Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided or canceled except after thirty(30)days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurementta'pitkincounty corn. 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 Procurement Officer 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- descnbed insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. d Location of operations shall be: "all operations and locations at which work for the referenced Project is being done" 3) Certificates of Insurance for all renewal policies shall be delivered to the Procurement Officer 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 dunng the term of this Agreement 9 Contract#225 2017 Revision 07/13/2017 bq XIII Exemptions and Preferences All purchases of construction or building or any other materials for this Agreement shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k XIV Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Agreement for a period of three(3) years after final payment under the Agreement and the County shall have the right within the three (3) year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Agreement and applicable law. XV Contract Made in Colorado. The parties agree that this Agreement 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. XVI. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement,the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq , CR S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees Further, nothing in this Agreement shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees XVIII. Current Year Obligations.The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple-fiscal year director indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation This contract shall not directly or indirectly obligate Pitkin County to make an). payments beyond those appropriated for Pitkin County's then 10 Contract a 225 2011 Revision 07/13/2017ery current fiscal year No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys. nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. XIX Notice Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 11 hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing 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 Nothing contained herein shall he construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: with copies to: Pitkin County Procurement Pitkin County Attorney's Office 123 Emma Rd., Suite#106 123 Emma Rd., Suite#204 Basalt,CO 81621 Basalt, Colorado 81621 Procurementva'PitkinCounty.com Attomeyra7pitkincounty.com To Contractor R&A Enterprises of Carbondale, Inc 5317 County Road 154, Ste 201 Glenwood Springs,CO 81601 Phone: (970) 945-6500 Email: chrisb@draelectric.com XX. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of CRS §§ 8-17.5-101, et .seq., as amended and C.R.S. §§ 24-765-101, et seq , as amended' A. PUBLIC CONTRACTS FOR SERVICES. §§S-17.5-101, et seq. C.R.S. (Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory• services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services]Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify Program established under Pub. L. 104-208 or the State verification program established pursuant to §8-17.5-102(5)(c), CRS , Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that fails to certify to 11 Contract#225 2017 Revision 07/13/201712f f Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor (i) shall not use E- Venfy Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement 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 Agreement,(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 §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages. B. 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 §24-76 5-103, C.R.S prior to the Effective Date of this Agreement XXI. Prison Rape Elimination Act (PREA) Requirements per DO) 6115.17 The Contractor asserts that they have not. • Engaged in sexual abuse in a prison, jail, lockup, community confinement facility,juvenile facility, or other institution(as defined in 42 U.S C 1997) • Been convicted of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, of if the victim did not consent or was unable to consent or refuse; or • Been civilly or administratively adjudicated to have engaged in the activity described. Pitkin County does hereby certify that all contractors whom may come into contract with inmates are required to undergo a criminal background check and the Contractor has complied with this requirement 12 Contract 14225 2017 aemzror? 07713/10ll btf IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. R& A ENTERPRISES OF CARBONDALE, INC. (fens 8rea,I)<url Oct-02-2017 Chris Broadhurst Date Breedent PITKIN COUNTY, COLORADO MANAGER APPROVAL: j tA, Nan& Oct-23.2017 Jon Peacock Date County Manager COUNTY ATTORNEY'S OFFICE: y 4 "'t Oct-78-2017 Richard Ne'ey Date Asst County Attorney 14 Docu5, •se(eeee Certificate Of Completion Envelope Id 0C44486CF3554801 BA699B87903C88F9 Status Completed Subject R8A Enterprises Pitkin County Contract 225 2017 for Review and Signature Source Envelope Document Pages 16 Signatures 5 Envelope Originator Certificate Pages 5 Initials 0 Procurement Mailbox AutoNav Enabled Procurement@Pi&inCounly corn Envelopeld Stamping Disabled IP Address 10 103 101 11 Time Zone (UTC-07 00)Mountain Time(US 8 Canada) Record Tracking Status Original Holder Procurement Mailbox Location DocuSign Sep-29-2017 Procurement@PitkinCounty corn Signer Events Signature Timestamp Ben Ferrara Sent Sep-29-2017 7.ben Ferrara@pitkincounty corn "` Viewed Sep-29-2017 Procurement and Contracts Manager Signed Oct-02-2017 Pitkin County Security Level Email.Account Authentication Using IP Address 198 233 197 98 (None) Electronic Record and Signature Disclosure Not Offered via DocuSign Richard Neileyy 2 i,.�t Sent Oct-02-2017 nchard neiley@pitkincounly coin /Lfh '� .j I Viewed Oct-18-2017 Asst County Attorney Signed Oct-18-2017 Secunty Level Email.Account Authentication (None) Using IF'Address 198 233 197 98 Electronic Record and Signature Disclosure: Accepted Oct-18-2017 ID 5992563d-990c-42c4-bf9b-b515e0a3fode Company Name Pitkin County,Colorado Chns Broadhurst /� �� I �I Sent Oct-02-2017 corn WAS Viewed Oct-02-2017 President Signed Oct-02-2017 Secunty Level Email,Account Authentication (None) Using IP Address 63 147 166 34 Electronic Record and Signature Disclosure: Accepted Oct-02-2017 ID ebd720a9-17a0-4059-95d4-a5003746a7bb Company Name Pitkin County,Colorado Jon Peacock Sent Oct-18-2017 Jon Peacock@PilkinCounty mm 36v. PLAUCt Viewed Oct-23-2017 County Manager Signed Oct-23-2017 Secunty Level Email,Account Authentication (None) Using IP Address 198 233 197 98 Electronic Record and Signature Disclosure: Accepted Oct-23-2017 ID 8797876b-fed3-4757-80f0dfgaad3bcda9 Company Name Pitkin County,Colorado In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Tlmestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Accounts Payable COPIED Sent Oct-23-2017 ap@pitkincounty corn Accounts Payable Pitkin County Seventy Level Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeanette Jones COPIED Sent Oct-23-2017 Jeanette tones@pdkincounty corn Viewed Oct-23-2017 BOCC Clerk Pitkin County Secunty Level Email.Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DocuSign Procurement Mailbox COPIED Sent Oct-23-2017 procurement@pitkincounty corn Resent Oct-23-2017 Procurement Mailbox Pitkin County Secunty Level Email.Account Authentication (None) Electronic Record and Signature Disclosure Not Offered via DecoSign Camrla Stefi COPIED Sent Oct-23-2017 camila stefi@pitkincounly corn Secunty Level Email.Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted Oct-23-2017 Certified Delivered Secunty Checked Oct-23-2017 Signing Complete Secunty Checked Oct-23-2017 Completed Security Checked Oct-23-2017 Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure creatod an Mar-17-2017 Padres agrees to Ream Netey err s b nadhurst,Jon Peacocx ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County(we, us or Pitkin County)may be required by law to provide to you certain written notices or disclosures.Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access,Intent, and Consent to Receive and Sign Materials Electronically To confirm to us that you can access this information electronically, which will he similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will he able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the agree button below. By checking the 'I Agree'box, I confirm that: • I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided. • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for for future reference and access:and • Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means ail notices, disclosures, authorizations, acknowledgements,and other documents that are required to he provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree button at the bottom of this document. When you don't have a DocuSign Account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time,you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed,processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these temis and conditions,please confirm your agreement by clicking the 'f agree'button at the bottom of this document. Getting paper or electronic copies At any time,you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time(usually 30 days)after such documents are first sent to you. After such tune, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you will he charged a$0 per-page fee You may request delivery of such paper or electronic copies from us by billowing the procedure described below. Withdrawing your consent If you are an authorised DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format.Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receii e notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format. it will slow the speed at which we can complete certain steps in transactions with you and deltveting services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures To indicate to us that you are changing your mind, you must withdraw }our consent using the DocuSign Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DotuSigu user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements. and other documents that are required to be provided ar made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system If you do not agree with this process. please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically. to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: susan.sullivan@pitkincounty.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at Susan sulltvan@pukmcounty coin and in the body of such request you must state: your previous e-mail address, your new e-mail address In addition,you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. . To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may. i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may: ii send us an e-mail to susan sullivan@pitkincounty.com and in the body of such request you must state your e-mail, full name, Postal Address, telephone number. and account number. Required hardware and software Operating Systems: Wmdows2000 or WindowsXP Browsers (for SENDERS): Internet Explorer 6.0 or above Browsers (for SIGNERS) Internet Explorer 6 0, Mozdla FireFox 1 0, Netscape 7.2 (or above) — Email: Access to a valid email account Screen Resolution 800 x 600 minimum Enabled Security Settings: •Allow per session cookies •Users accessing the Internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements. at which time you will have the right to withdraw your consent.