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HomeMy WebLinkAboutbocc.con.162.2017 2017-1 1-13 btf pTKIN Pitkin County CouNTit Procurement Cover Sheet YD,C Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement (procurement@pitkincounty.com). If not already completed, 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 162.2017 Project Name Pre-Construction Services for the Drop and Swap Facility Contractor Shaw Construction Budget Line Item 416.68.92664.86875 $ Additional Budget Line $ Item(s) $ (Please fully allocate New $ Contract Total) $ Contract Start Date 6/28/2017 Contract End Date 5/31/2018 Renewal Yes ❑ No 0 Retainage Yes $ or % No 0 If this is a new contractor,please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Depai tinent Solid Waste Center County Cathy Hall County Representative (970)429-2882 Representative Phone Provide a brief description of the contract: Pre-construction services for the Drop and Swap Facility located at the Solid Waste Center. Contract Value Summary: Original Contract Amount $ 15,000.00 Previous Change Order/Amendment Amount $ 0.00 This Change order/Amendment amount $ 0.00 New Contract Total $ 15,000.00 Procurement Method: None ❑ Informal❑ Formal 0 Sole Source ❑ Outside Agency ❑ Emergency ❑ Contract Type: Services/Maintenance 0 Construction ❑ Goods,Equipment, Supplies ❑ Change Order/Amendment ❑ Contract Renewal ❑ Other,please explain ❑ Click here to enter text. NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract it bocc,con.162.2017 Rev. 8/2015 Ijnm 4) • O U N 14-4; . .__._ 0../_).(.. � ----.�..._.�_tl NOTICE OF AWARD Dale: June 20,2017 To: Shaw Construction Sam Meyer 760 Horizon Drive,#201 Grand Junction,CO 81506 • Re:RFP 162.2017 Construction Services for the Piticin County Solid Waste Center Drop • and Swap The Owner,having duly considered the Proposal submitted on May 29,2017,for the work or purchase covered by the RFP 162.2017 Construction Services for the Pitkin County Solid Waste Center Drop and Swap, and it appearing that the information in your Proposal Form is fair,equitable and to the best interest of the Owner,the offer in your- Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents,you are required to execute the Agreement in one original of contract within ten(10)consecutive days from this Notice of Award. In addition,you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to procurement help@pitkincounty.com. PITKIN C011 TY . ) ` . By: " ' Auth rrzed Signature -- -ACCEPTANCE OF NOTICE ---- Recei t of the above Notice of Award is hereby acknowledged By it- ) this?' day of Z1U i'G ,2017. Title V I wG Pnssin&w`7- Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 JKIN COUNT vim• PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES PRE-CONSTRUCTION SERVICES FOR THE DROP AND SWAP FACILITY THIS CONTRACT, made June 28, 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 Shaw Construction, 760 Horizon Drive, #201, Grand Junction, CO 81506 (hereinafter called the "Contractor") to perform the following work: Pre- Construction Services for the Drop and Swap Facility("Project"). Term of Contract: The term of this contract is from June 28, 2017 to May 31, 2018. II. Contractor's Obligations. Contractor shall provide pre-construction services for the County Solid Waste Center Drop and Swap Facility. A. Preconstruction Phase 1) The Contractor shall provide a preliminary evaluation of the County's program, schedule and construction budget requirements, each in terms of the other. 2) Consultation a. The Contractor shall schedule and conduct meetings with Miscione Design ("Architect") and County to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Contractor shall advise the County and the Architect on proposed site use and improvements, selection of materials,and building systems and equipment. The Contractor shall also provide recommendations consistent with the Project requirements to the County and Architect on constructability; availability of materials and labor;time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. b. When Project requirements have been sufficiently identified,the Contractor shall prepare and periodically update a Project schedule for the Architect's review and the County's acceptance. The Contractor shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Contractor's services, the Architect's services, 1 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 other County's consultants' services, and the County's responsibilities and identify items that could affect the Project's timely completion.The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the County. 3) Phased Construction The Contractor shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, or phased construction. The Contractor shall take into consideration cost reductions, cost information, constructability, procurement and construction scheduling issues. Once estimating effort is included, as defined by II.A.4 Multi-phase and/or fast- track delivery methods that would require duplicate preconstruction efforts are not included in this agreement. 4) Preliminary Cost Estimates a. Based on the preliminary design and other design criteria prepared by the Architect, the Contractor shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and County's approval. If the Architect or Contractor or County suggests alternative materials and systems,the Contractor shall provide cost evaluations of those alternative materials and systems. b. As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Contractor shall prepare and update, at appropriate intervals agreed to by the County, Contractor and Architect, estimates of the Cost of the Work of increasing detail and refinement and allowing for the further development of the design until such time as the County and Contractor agree on a Guaranteed Maximum Price for the Work. Such estimates shall be provided for the Architect's review and the County's approval. The Contractor shall inform the County and Architect when estimates of the Cost of the Work exceed the latest approved Project budget and make recommendations for corrective action. 5) Subcontractors and Suppliers The Contractor shall develop bidders' interest in the Project. a. The Contractor shall prepare, for the Architect's review and the County's acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Contractor shall expedite 2 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the County agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the County shall procure the items on terms and conditions acceptable to the Contractor. Upon the establishment of the Guaranteed Maximum Price, the County shall assign all contracts for these items to the Contractor and the Contractor shall thereafter accept responsibility for them. In the event contracts for the purchase of materials are assigned by the County to the Contractor, the Contractor shall invoice the cost of goods and services plus four and a half percent(4.50%) 6) Extent of Responsibility The Contractor shall exercise reasonable care in preparing schedules and estimates. The Contractor, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Contractor is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes,rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect and County any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. 7) Notices and Compliance with Laws The Contractor shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities for inclusion in the Contract Documents. B. Guaranteed Maximum Price Proposal and Contract Time 1) At a time to be mutually agreed upon by the County and the Contractor and in consultation with the Architect, the Contractor shall prepare a Guaranteed Maximum Price proposal for the County's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Contractor's estimate of the Cost of the Work, including contingencies described in Section II.B.4, and the Contractor's Fee. 2) To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Contractor shall provide in the 3 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. 3) The Contractor shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: a. A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; b. A list of the clarifications and assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section II.B.2, to supplement the information provided by the County and contained in the Drawings and Specifications; c. A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Contractor's Fee; d. The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and e. A date by which the County must accept the Guaranteed Maximum Price. 4) In preparing the Contractor's Guaranteed Maximum Price proposal, the Contractor shall include its contingency for the Contractor's exclusive use to cover those costs considered reimbursable as the Cost of the Work but not included in a Change Order. 5) The Contractor shall meet with the County and Architect to review the Guaranteed Maximum Price proposal. In the event that the County and Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. 6) If the County notifies the Contractor that the County has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Contractor. Following acceptance of a Guaranteed Maximum Price, the County and Contractor shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the County shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. 4 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 7) The Contractor shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the County provides prior written authorization for such costs. 8) The County shall authorize the Architect to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The County shall promptly furnish those revised Drawings and Specifications to the Contractor as they are revised. The Contractor shall notify the County and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the revised Drawings and Specifications. All work completed shall be per the following fee schedule: Description Rate Project Manager $74.36/hour Project Superintendent $55.45/hour Project Engineer $45.65/hour Project Coordinator $34.61/hour III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph II. It is expressly understood and agreed that in no event will the total compensation and reimbursement to be paid hereunder exceed the sum of fifteen thousand dollars and zero cents ($15,000.00) for all services rendered. By contract or amendment, the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours worked, with payment expected within thirty (30) days of invoice. Any payment by the County may be offset by any amount the Contractor owes the County for any reason. IV. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the County. However, Contractor shall have the right to utilize such documents in the course of its marketing,professional presentations, and for other business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: 1)reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4) perform the works publicly; and 5)to display the work publicly. Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. 5 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 V. Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Cathy Hall, Solid Waste Manager will manage the project as the County's Representative. In the event that Cathy Hall is not available,Brian Pettet, Public Works Director shall assume the County Representative's duties. The services provided and products delivered by the Contractor under this contract will be subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. VI. Termination Prior to Expiration of Contract Term. The County has the right to terminate this contract,with or without cause,by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. VII. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state,FICA and other income taxes. VIII. Assignability. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must be accepted in writing by the County. 6 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 IX. Severability. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. A. This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and the Contractor. B. The County may, from time to time,request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract. XI. Indemnity. A. The Contractor agrees to indemnify,hold harmless and,not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation,defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents,and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend,pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. XII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied,insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the 7 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent,maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3)years after completion of the project. A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of liability requirements provided that the coverage is written on a"following form" basis. 1) Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A(Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2) Commercial General Liability—ISO 1CG 0001 form or equivalent. (With County named as an additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 8 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 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 (check as appropriate and insert amount): a. ❑ Performance Bond $ b. ❑ Professional Errors and Omissions c. 0 Aircraft Liability d. 0 Owner's Protective e. ❑ Builder's Risk f. ❑ Boiler and Machinery g. 0 Loss of Use Insurance h. 0 Pollution Liability i. ❑ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 9 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty(30)days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be emailed directly to Procurement_Help(a,pitkincountv.com. If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers' notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor shall file with the Project Lead a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. 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 County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. XIII. Exemptions and Preferences. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. XIV. Records. The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract and the County shall have the right within the three (3) year period to inspect and audit these books,records and documents, upon demand, in a reasonable manner and at reasonable times, for the 10 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the contract and applicable law. XV. Contract Made in Colorado. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVI. 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. XVII. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 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 direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys,nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 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 1) 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. 11 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be 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: Cathy Hall Pitkin County Attorney's Office 76 Service Center Road 123 Emma Rd., Suite#204 Aspen, CO 81611 Basalt, Colorado 81621 Email: Cathy.Hall@PitkinCounty.com Email: Attorney@pitkincounty.com To Contractor: Shaw Construction 760 Horizon Drive, #201 Grand Junction, CO 81506 Phone: (970) 242-9236 Email: sammeyer@shawconstruction.net XX. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and C.R.S. §§ 24-76.5-101, et seq., as amended: A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services]Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, 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), 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 employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and(iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall 12 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so 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 Contract. 13 Contract#162.2017 Revision:02/13/2017kjm Budget Line Item#416.68.92664.86875 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. SHAW CONSTRUCTION 0. . Jun-28-2018 Sam Meyer Date President PITKIN COUNTY, COLORADO v 1 Jun-19-2018 Cathy Hall Date Solid Waste Manager 14