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HomeMy WebLinkAboutbocc.con.095.2017 Ili lb IN Pitkin County Cor . , ` 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 (procurcnicnun;pitkmcounty.com). Any contracts $50,000 and over will be routed for signatures to County Manager and Attorney's Office(if required)by Procurement Contract Information Contract Number 0952017 Project Name TSA Baggage Phase II Construction Contractor PNCI Construction, Inc Budget Line Item 404 69 91401.86002 S 1,147,990.00 Additional Budget Line S Item(s) S (Please fully allocate New $ Contract Total) $ Contract Start Date 8/4/2017 Contract End Date 11/24/2017 Automatic Renewal Yes ❑ No® If Construction: Retainage Yes $ or 5.00% No IC this is a new contractor,please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department Airport Project Manager Mike Yafi Project Manager (970)429-2850 Phone Provide a brief description of the contract: TSA Baggage Phase II Construction Contract Value Summary: Original Contract Amount $ 1,147,990.00 Previous Change Order/Amendment Amount(if applicable) $ This Change order/Amendment amount(if applicable) $ New Contract Total $ 1,147,990.00 Procurement Method: None ❑ Informal❑ Formal ® Sole Source ❑ Emergency ❑ Contract Type: Services/Maintenance ❑ Construction ® Goods, Equipment, Supplies ❑ Change Order/Amendment Contract Renewal 0 Other,please explain 0 Clr4 h.-re to enter L t NO'1 F: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract ti 095 2017 x., YUOn" Budget Line item#404.69 91401.96002 PITKIN COUNTY CONSTRUCTION CONTRACT TSA BAGGAGE PHASE H CONSTRUCTION THIS CONTRACT, made July 31, 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 PNCI Construction, Inc., 553 25 1/2 Road, Grand Junction, CO 81505 (hereinafter called the "Contractor`} to perform the following work: TSA Baggage Phase B Construction("Project"). I. Term of Contract: The term of this contract is from August 4, 2017 to November 24, 2017. II. Scope of Work and Work Schedule: The Work of Project is defined by the Contract Documents and consists of the following, including the VALUE ENGINEERING REVISIONS below: The scope of Work for ASE Outbound Baggage for American and United Airlines consist of construction for the outbound baggage handling system (BHS). Work includes modifications to the United and American Airlines outbound system post TSA screening.The United work will include;an addition of a single maxi flat plate device; modification to the current bag system and necessary controls: construct new PEMB canopy (see canopy VALUE ENGINEERING REVISIONS description below) adjacent to the existing canopy to cover the maxi device; modification to the electrical system to baggage additions; lighting and overhead heating system modifications and north wall removal to facilitate the maxi device. The American Airlines work will include: modifications to the existing belt to place the existing EDS machine inline; relocation of the existing EDS machine to facilitate the inline move including elevating it to a new height, associated electrical,technology,and building modifications:removal of an existing overhead door; construction of a new and exit door installation and relocation of current baggage overhead door to new location. The TSA office will be moved to a mobile office building adjacent to the terminal. The contractor shall purchase the mobile office building from the distributor noted in the mobile office building specification section Contract n 005 2017 x,. 21-z hl,x Budget Line Item It 40-1 69 91411 861102 The distributer will deliver the building to site and install it as shown on the construction drawings. The contractor shall provide prefabricated accessible switchback ramp assembly with integral stairs. The contractor will provide permanent high voltage electrical service and low voltage technology(communications)service to the office building (See TSA Trailer VALUE ENGINEERING REVISIONS description below). VALUE ENGINEERING REVISIONS. The VE used for this pricing consists of PEMB Canopy in Lieu of the Wood Frame. Install PEMB canopy with screw down roof in color, ceiling liner panels, trim and metal building gutter which will collect water and daylight onto asphalt at the South West corner of the canopy Deduct Wood package. Deduct wood framing labor. Deduct iron roof drains. Deduct membrane roofing Deduct field finishing of cedar siding and steel columns Deduct roof insulation. Deduct structural steel columns Reuse Existing Conduits to the New TSA Trailer, Pull existing SO Cord. Set new junction box at conduit end location at existing trailer Pull addition circuit and wire both trailers through existing conduit. From the junction box run surface mounted conduit to both trailers Delete innerduct as power and data is already separated. Alternate I- All ABI #1 work is excluded All work performed under this Contract shall be done according to the following work schedule- 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 million one hundred forty seven thousand nine hundred ninety dollars and zero cents (51,147,990 W) in accordance with this Contract, subject to increase or decrease in accordance with the protisions of this Contract; but any payment by the County may be offset by any amount the Contractor owes the County for any reason. A. Payment Procedures I) Contractor shall submit applications for payment monthly for work done to date, Coniraci+.09,5,21117 R.. )131 &iq Budget I Inc item 11404 o 9140) soon? 2) Progress payments fur Contracts exceeding one hundred fifty thousand dollars($150,000.00) a. County shall make progress payments, within thirty (30) days of County's apps oval of Contractor's pay request. b. In accordance to amend Section 2 Colorado Revised Statutes (C.R.S.) ss 24-91-103, for contracts exceeding one hundred fifty thousand dollars iS 150,000.00)and if the Contractor is satisfactorily performing this contract, progress payments shall be in an amount equal to ninety-fire percent 05%) 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 ate filed under Section C.R S. F 38-26-107. as amended. County may retain such additional amounts as County may deem necessary to assure completion of the Project or to pay such claims and any Project Lead's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of this Contract Progress payments shall not constitute final acceptance of the Project. 3) County shall make final payment. including release of retainage, to Contractor in accordance with this Contract and Section (I.R.S. * 38-26- 107, as amended. IV. Contractor Obligations. A. Supervision and Superintendence I) The Contractor shall supervise and direct the Project competently and efficiently devoting such attention thereto and applying such skills and expertise as may he necessary to perform the Project in accordance with this Contract. The Contractor shall be solely responsible for the means. methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Project compiles accurately with this Contract. 2) The Contractor shall appoint and identify to the County and Project Lead. a competent on-site superintendent to 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 Load except tinder extraordinary circumstances The superintendent will be the Contractor's represcntatise at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. B. Subcontractors, Suppliers and Others 3 Contract a 09S 2017 R.. :),):Ton Budget hoc Item 0 41/410791401/$10/02 f i 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 arc 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 Protect Lead to reject defective Project work 3) 'the Contractor shall be fully responsible to the Courcy and the Project Lead for all acts and omissions of the subcontractors,suppliers and other persons and organizations performing or furnishing any of the Project work under a direct or indirect Contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions, Nothing in this Contract shall create any Contractual relationship between the County or the Project Lead and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of the County or the Project Lead to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 4 All Project work perforated for Contractor by a subcontractor will be pursuant to an appropriate Contract between the Contractor and the subcontractor which specifically hinds 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 pertbmiance of the Project or the incorporation in the Protect 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 front the product or device not specified in this Contract, and shall defend all such claims in connection n ith any alleged infringement of such rights. D. Permits. Unless otherwise provided in ibis Contract, the Contractor shall obtain and pay for all construction permits and licenses The County shall assist the Contractor,when necessary,in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the 4 Contract Yr 095 2017 N., :IS 1?41in fudr t 1 me nem It 04,69 91402 Sn002 prosecution of the Project. The Contractor shall pay all charges of utilities for connections to the Project, and the County shall pay all charges of such utility owners for capital costs related thereto such as plant Investment fees. E. Laws and Regulations The Contractor shall be familiar with and shall comply with all federal, state, and local laws, ordinances, rules. and regulations applicable to furnishing and performance of the Project including rules, regulations, and ordinances the County promulgates at any time. Except where otherwise expressly required by applicable laws and regulations,neither the County nor the Project Lead shall be responsible for monitoring the C'ontractor'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 he reimbursed separately for any taxes, which may apply except as provided in this Contract, and the Contractor shall be responsible for all taxes.which may apply The County is tax exempt from Federal Excise Tax and Colorado State or local sales or use taxes. The Contractor and its subcontractors shall apply to the Colorado Department of Revenue 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 I) The Contractor shall coniine construction equipment,the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by tins Contract, law,ordinances,and permits. The Contractor shall assume MI 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 Count) harmless from and against all claims,damages,losses and expenses (including, but not limited to. fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the County or the Project Lead to the extent based on a claim arising out of the Contractor's performance of the Project, 2) During the progress of the Project. the Contractor shall keep the premises free from accumulations of waste materials, rubbish and other S Contract*005 017 R.+ )'It Pits Budget t item It 40344 01401 SM 2 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 occupant} 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 stricture 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. 1) The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project The Contractor shall take all necessary precautions for the safety nf, and shall provide the necessary protection to prevent damage, injury or loss to: a All employees in the Project area and other persons and organizations who may be affected thereby; b. All the Project materials and equipment to he Incorporated therein_ whether in storage on or off the site; and c. Other property at the site or adjacent thereto,including trees,shrubs, lawns, walks, pavements. road-ways, structures, utilities and underground facilities not designated for removal. relocation or replacement in the course of construction 2? The Contractor shall be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project,including the safety of all persons who may enter on the job site for any reason and the security of all property located on the job site. This requirement shall apply at all times during the course of the Contract and not only to normal Project work hours 3) The Contractor shall at all times conduct the Project in such manner as will incur the least practicable interference with traffic and existing utility systems. No section of any road shall be closed to the public,nor any utility system put out of service except after permission, has been granted by the Project Lead Each item of the Project shall be prosecuted to completion w ithout delay and in no instance will the Contractor he permitted to transfer as forces from an uncompleted Project to a new Project without prior written notification of the Contractor to the Project Lead. a Unless this Contract specifically provides for the closing to traffic of any local road or highway while construction is in progress,such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition a Contract et 0951017 k. if nee Budget hoe Items 404 64.91401 86002 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 mainiam 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 1. Shop Drawings and Samples. 1) After checking and verifying all field measurements and aftet complying with applicable procedures specified in this Contract, the Contractor shall submit to the Project Lead for review and approval in accordance with the approved schedule of shop drawing submissions,three (3)copies(unless othv7xrise specified)of all shop drawings,which will bear a stamp or specific written indication that the Contractor has satisfied the Contractors responsibilities under this Contract with respect to the review of the submission. All submissions will be identified as the Protect Lead may require. The data shown on the shop drawings will he 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. 21 The Comrade, 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 rel iew of the submission and will be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use fur 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 teviewed or coordinated each shop drawing in 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 gree 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, 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. 7 Contract=0937017 R.- : It Fin. nudg:i lane Item a 404 6044144.1 46102 5} Where a shop drawing or sample is required by the specifications. no related Project work shall be 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 Bored A, Contractor shall furnish a performance and payment bond in the amount of one half of the total Contract value for all Contracts over fifty thousand dollars(S50,000 00), as required by C R.S. *38-26-105.el seq. all Bonds shall be in the form acceptable to the County. MI Bonds signed by an agent must he accompanied by a certified copy of the authority to act B If the surely on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is ter notated 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 ansing out of the work done in fulfillment of the temis 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 tier 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 law suits related hereto at its sole expense and shall bear all other costs and expenses related thereto. even if the claim, demand or lawsuit is groundless, false or fraudulent VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may x I.Macao oos 2I1t7 RC, II+i Aon Budget t ins nem n 404 69 91401 X6002 arise from or in connection with the perfommanee 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 linin 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 suffieicnt to protect the Contractot 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 andor 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 insulance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project A Coverage and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following for "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)3(Employers Liability) S 500,000 S 500,000 S 500,000 2) Commercial General Liability— ISO ICG 0001 form or equivalent (Didr Collniv named additional insureds Minimum Limits. General Aggregate S 2,000,000 Products/Completed Operations Aggregate S 2,000,000 Each Occurrence Limit S 1,000,000 9 Contract d 095 21117 k<• 211 rk;m Budget lime Item:4146991401 mot PersonaliAdverusing Injury S 1,000,000 Fire Damage(Any One Fire) 5 50.1)00 Medical Payments(Any One Person) 5 5000 Coc crage to include: • Premises and Operations • Explosions. Collapse and Underground Hazards • Personal; Advertising Injury • Products i Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010(2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CO 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, hued.and non-owned vehicles used in the per fonnance of this Contract. Minimum Limits. Statutory Coverage Boddy(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 be kept In effect for up to three (3) years after completion of the project. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke. vapors, fumes, acids, alkalis. toxic chemicals, liquids,or gases, natural gas, waste materials,or other irritants. contaminants, or pollutants (including asbestos) If the coverage is written lu Contract 41)93 2017 Nn :)t tam, Budget 1_m:hem 404 6994301 S(0C on a claims-made basis. the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract and that continuous coverage will be maintained or an extended discovery period will be exercised for a penod 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 Count). 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 Lmuts Per Loss S I,000,00{) Aggregate S 1,000,000 i} Professional liability. The Contractor shall maintain Professional Liability covering wrongful acts. errors and/or omissions,including design errors. if applicable. tier 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 dunng the project and for up to three (3) years after completion of the project The policy covet ages shall be amended to include the following: a. Coverage shall apply for three 13)years after project is complete h. Policy is to be on a primary basis: if other professional coverage is carried. Per Loss S 1,000,000 Aggregate S 2,000,000 of Builders Risk Insurance or Installation Floater—Completed Value Basis Unless otherwise provided, the Contractor shall purchase and maintain. In a company or companies lawfully authoneed 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. 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. Comae!n 005 2017 fi.I 2 13 1'Arm Sadao Line Item r 404.69 9140 1 S6002 including any time during which the covered properly 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 he 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 Prated 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 strictures, piping, foundations including underground water and sewer mains, piling including the ground on which the stricture rests and excavation, backfilling, filling, and grading e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy The Builder's Risk Policy shall remain in force until acceptance of the project by the County f Equipment Breakdown Coverage (a.k.a Boiler & Machinery) shall be included as required by the Contract Documents or by law,which shall specifically cover insured equipment during installation and testing(including cold and hot testing). g The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami. volcano, etc 7) Special Coverages (rheLd as appropriate and insert amount) a. ® Performance Bond $ 1,147.990 00 i. C Labor and Material $_ it 0 Payment Bond $ b 0 Professional Errors and Omissions c. 0 Aircraft Liability 12 Cmmact a 095 2017 a" 2 33 ri'N'" Budget Line Item 1 404 69.91401 86002 d. 0 Owner's Protective e ❑ Boiler and Machinery f El Loss of Use Insurance g. ❑ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B Proof of Insurance: I) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty(30)days prior 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 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 be delivered to the Procurement Department at procurementwronkmcountvcom, 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. 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. 13 Conhaci n 005 2017 Re. 2 14 114,1, nndgci Line Item 4 404.69 91401 80002 Pitkin County is exempt front 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 constriction,which is subject to C R S. §43-2-208,which provides that all laborers shall be bona fide residents ofC'olorado 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. I) The Conti actor 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 be released until the project shall have been completed and accepted. 3) When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission,neglect.or misconduct by the Contractor in the execution of the Project, or in consequence of the non-execution thereof by the Contractor,it shall restore, at its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing. rebuilding, or otherwise restoring as may be directed, or it shall make good such damage or injury in an acceptable manner. 4) Materials storage, equipment parking, vehicle parking and stockpiling excavated materials shall be allowed only in those areas designated by the Project Lead 5) If the Contractor disturbs any of the landscape not called for removal, it shall restore those areas as directed by the Project Lead at the Contractor's expense. B Hazardous Materials I) 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. 2) The Contractor shall provide the Project Lead with a written certification each tune materials or equipment is brought onto the Project site that such materials or equipment do not contain Hazardous Materials 14 Contract 005 2017 k :tr 11111 Budget I for kern C 404 6091401.& O02 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 be required to make its several parts come together properly and integrate with such other work The Contractor shall not endanger any work of others by cutting,excavating or otherwise altering their work and will only cut or alter their work with the written consent of Project Lead and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the County and such utility owners and other contractors. C. If any part of the Contractor's Project depends for proper execution or results upon the work of any such other contractor or utility owner (or the County), the Contractor shall inspect and promptly report to the Project Lead in 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 Xl, Changes in the Project and Use of Change Orders, A. The County may, from time to time,request changes in the scope of aerwces of the Contractor to be performed hereunder. 11 The Protect 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 panics. When the Contractor and the County reach agreement on the adjustments to the 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 15 Contract I'(19S 2017 F., . I I'A,m Budget Line Item*404 69 914010102 Change Request". if the Contractor: 0) receives any oral or written instructions. directives or interpretations of Contract Documents. or determinations from the Project Lead or, Oil identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or(nil 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 m the Contract Price or Contract Time, the Contractor shall give the Project Lead prompt written nonce of such matters. it 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. 21 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 belie%es would require a change, including delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than ten (10) consecutive calendar days after the Contractor becomes aware of such circumstance or matter. 3) Submittal Requirements and Waiver of Claims a. If the Contractor does not submit a Contractor change request a chin the time required above, any action by the Contractor related to such order, direction, instruction, interpretation, detemiination, design error or omission, or other matter, including delays or diffenng site conditions, will not be considered by the County as a change to the Project and the Contractor waives any claim for an adjustment on the Contract price or the Contract time 16 Contract a 005 7017 Ru 2 13 I'Arr. Budget Line Item#404 69_91401 86002 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 hisfrer 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 Protect Work A Warranty. I) The Contractor warrants and guarantees to the County that all 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 be 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, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of this Contract, to the drawings issued for manufacture by the Contractor, and shall he 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 pros isions and be free from failure for a period of not Icss than two years from date of Final Payment. Landscaping replacement shall be warranted for two (2l grow ing seasons. 2) With respect to all wananties. express or implied, from subcontractors, manufacturers, or suppliers for Project work performed and materials furnished under the Contract,the Contractor shall: 17 Contract#093 2017 R., 2 13 171;11, Budget Linc Item:404 fig 91401 86002 a Obtain all warranties that would be given in normal commercial practice To the extent that the subcontractor's, manufacturer's, or suppliers. 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. h Require all warranties to be executed,m 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 of the County B. Access to Project The Project Lead and the Project Lead's representatives. other representatives of the County, testing agencies and governmental agencies with jurisdictional interests shall have access to the Project, at any time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. C. Tests and Inspections. I) The Contractor shall cooperate with material testing persons and films.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 pan theleot) to specifically be inspected.tested or approved.the Contractor shall assume full responsibility therefore. pay all costs In connection therewith and finish the Project Lead the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or re-testing required in connection with the County's or the Pi eject Lead's acceptance of a supplier of matenals or equipment proposed to be incorporated in the Project,or of materials or equipment submitted for approval pnor to the Contractor's purchase thereof for incorporation in the Project.The cost of all inspections,testing.re-testing and approvals in addition to the above which are required by this Contract shall be paid by the Contractor (unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place,and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter 31 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 perfoned by organizations acceptable to the Project Lead 4) If any Project work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Project Lead, it must be uncovered for observation. Such uncovering and testing when required by the Project Lead shall be at the Contractors expense IR t Oniract 4 095 2017 P. '/i chit, Budget Line Item:404 69 91401 8o002 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. 11 Correction or Removal of Defeclrve 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 dale 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 tenns of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the defective Project work corrected or the rejected Project work removed and replaced.and all direct. indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Project work. other property,or person,which occurred as a result of the defective Project work F. County May Correct Defective Work If the Contractor fails within ten (10) consecutive calendar days after written notice of the Project Lead or the County to proceed to correct and to corect 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 ser en(7)days' wntten 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 matenals and equipment stored at the site or for which the County has paid the Contractor but which arc 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 nghts and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such nghts and remedies will be charged against the Contractor, and a Change Order will be issued by the County 19 Cumreci a 095 2017 8n : n re,„J Budget Linc Item b 404.69 91401 %6002 incorporating the necessary revisions in the Contract price Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers. architects.anorneys 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 Contractors defective Project work The Contractor shall not be allowed an extension of the Contract time because of any delay in performance of the Project work attributable to the exercise by the County of the County's rights and remedies hereunder XIII. Liquidated Damages. It is the County's intent to complete this project no later than November 24. 2017. Liquidated damages of one thousand dollars and zero cents ($1000.00)per calendar day shall be 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 he 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 of the Project. B. Time is of the Essence to the Contract. It is further agreed that time is of the essence in completing the Project, and that the Project Work Schedule and all dates set forth therein and where in this Contract, an additional time is allowed for the completion of the Project. the new 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 constmction of the Project. F Excusable Delays- Force Majeure. IC by reason of Force Majeure. any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall give notice and fill particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or 20 Contract n 095_2017 a,, ,i(ry,,, Budget I me item#404 69 91401 K6002 cause relied upon. and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer 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 Slates 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. humcanes,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 parh, 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 panes 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 he and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity.by statute or under Contract XIV. Termination of Contract A The County may terminate this Contract upon the occurrence of any one or more of the following events. I) If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code(Title IL United States Code),as now or hereafter in effect, or if Contractor takes any equis alent or similar action by tiling 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 tune 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 Contractors creditors, 5) lithe Contractor persistently fails to perform the Project in accordance with this Contract including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the work schedule established in this Contract, Contract k 095 2017 k.. I I f 112._ Budget Lmc Item«40.4.69.91401 8M102 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 (10) days before the effective date of such termination. In such event all finished or unfinished documents, data. studies and reports prepared by the Contractor pursuant to this Contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory Project work completed pursuant to the terms of this Contract pnor 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 Conti actor wan-ants 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 nor attempt to oversee or supervise the work or actions of any Pitkin County employee, sen ant or agent rat 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,F ICA and other income taxes F The Contractor shall be required to complete and submit to the County, a Form W-9 Taxpayer Identification Number Request XVI. Computation of Time A. When any period of time is referred to in this Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation. B. All times stated in this Contract arc of the essence. XVII. Records and Cost Pricing Data A The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications. Addcnda, Written Amendments, Change Orders, Project 22 Contract*095?917 Rel 2 1 i ram, Budget Line Item 0 404 69 91401 5602 Directive Changes, Field Orders and wntten interpretations and clarifications in good order and annotated and updated weekly to show all changes made during construction. These record documents together with all approved samples will be available to the Project Lead for reference Upon completion of the Project, these record documents and samples will be delivered to the Project Lead for the County B. The Contractor shall maintain all data and records pertinent to the Project performed under this Contract,in accordance with generally accepted accounting pnnciples,and shall present 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 tune 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 perfonnance of this Contract permit the authonzed 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 be accepted in writing by the County. B. Severability. If any term. section, or other provision of this Contract shall, for any reason, be held to be invalid or unenforceable, the 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 wnnen or oral. This Contract may he amended only by wntten Contract signed by both the County and the Contractor D Contract Made in Colorado The panics agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed Venue is agreed to be exclusnely in the courts of Pitkin County, Colorado F. Attorney's Fees In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. F Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive the monetary limitations or terms or any other rights, immunities. and protections provided by the Colorado Governmental Immunity 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. 23 Contract a 095 2017 &. 213 e'An,• Budget Line licm ri 404 64 41401 86002 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 appropnations shall constitute only currently budgeted expenditures of Pitkin County. Pttkm 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 i equired or permitted under this Agreement shall be in writing and shall be hand-delivered or sem 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 he 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: Mike Yaft Pitkin County Attorney's Office 0233 E. Airport Rd Ste A 123 Emma Rd., Suite #204 Aspen„ CO. 81611 Basalt, Colorado 81621 Email mike vaft(g aspenairport.com Email. Attorney(pipitkiucounty.com To Contractor PNCI Construction, Inc 553 25 1/2 Road Grand Junction, CO 81505 Phone: (970) 242-3548 EmmP todd(@pnciconstruction.com I. Waiver. No waiver by either party of any right, term or condition of this Contract shall be deemed of construed as a waiver of any other right, tens 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. 1) Contractor has familiarized himself with the nature and extent of this Contract, Project, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost. progress, or performance of Project 24 Contract r 00S 2017 R.. n iane, Bulger Line Item r 404 69.01401 8h002 21 Contractor has carefully studied the site and has performed all necessary investigations, tests, and subsurface investigations to define the latent physical conditions of the construction site affecune cost, progress. or performance of Project. 31 Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price,within the Contract time.and in accordance with the other terms and conditions of this Contract; and no additional examinations. mcestigauons. tests, reports, or similar data are or will be required by Contractor for such purposes. 4) Contractor has correlated the results of all such observations. examinations, investigations, tests. reports and data with the tenns and conditions of this Contract. 5) Contractor has given Project Lead written notice of all conflicts. en ors, or discrepancies that it has discovered in this Contract, and the wntten resolution thereof by Project Lead is acceptable to Contractor. 61 By executing this Contract, the Contractor represents that it has isited the site, familiarized itself with the local conditions under which the Project work is to be performed(including weather conditions which can he expected), and correlated ms observations with the requirements of this Contract. 71 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 hill 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. §§ f1-17.5-101, et seq.. as amended and C.R.S. §§ 24-76 5-101, et seq . as amended: A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. fNot 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 arc newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program established under Pub. L 104-208 or the State verification program established pursuant to §8-17.5-IO2(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly 25 Contract h(195,2017 R. 1+ I'xnr Budget hue Item v 404 69.91401 h61W2 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), CR S.. by the Colorado Department of Labor and Employment. If Contractor participates In the Slate program. Contractor shall deliver to the contracting State agency. Institution of Higher Education or political subdivision. a written,notanzed 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-l7.5-IOl 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 he liable for damages. PUBLIC CONTRACTS WITH NATURAL PERSONS.§§24-76.5-101,et seq..C.R.S. Contractor, if a natural person I8 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 Slates pursuant to federal law, (ii) shall comply with the provisions of §§24-76 5-101 et seq., CR S., and (iii) has produced one form of identification required by §24-76.5-103. C.R.S prior to the Effective Date of this Contract. 26 Contract#0952017 Rev.2/13/IZApn Padget Line Item tr 404.69 91401.86002 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. I \ScI C9NSTRUCTION,INC. 'f'M r T D ., z l 17 Signature Date rfo..4 . ..,- S Pet-sr.12J;lr Printed Name Title PITKIN COUNTY,COLORADO REC MMENDED FOR APPROVAL: Mi eYaft Date /'.' 73/7//� SE • OV 2,f �\, Secho\Leader . Date. MANAGER APPROVAL: e/zl/D Jon PeaeoCk, aunty Manager Date 27 Page 2 of 2 170522.ASE Outbound Baggage Phase 2.Adoen&✓m I duo + ® \ \ \ \ ) § $ } '