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2017-I 1-13 hi! pTli I N Pitkin County Procurement Cover Sheet COUNT 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 Contract Information Contract Number 239.19 Project Name 2020 OST Fencing Projects Contractor S&J Companies LLC DBA Ace Fencing Budget Line Item 11836360.531500 $ $Additional Budget Line $ _ Item(s) $ _ (Please fully allocate New Contract Total) Procurement Method: _Formal Type: Construction Contract Start Date 1/1/2020 Contract End Date 8/31/2020 Contract Type New Contract Retainage No If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department Open Space &Trails County Representative Ted O'Brien County Representative (970) 429-6130 Phone Provide a brief description of the contract: Contract to provide fencing at 3 locations in the 2020 year. Contract Value Summary: Original Contract Amount $ 106,951.00 Previous Change Order/Amendment Amount $This Change order/Amendment amount $New Contract Total $ 106,951.00 NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage Bid#239.19 Rev. 2018-10-10 htf Budget Line Item# 11836360.531500 i1'KIN COUNT NOTICE OF AWARD Date: October 24, 2019 To: S&J Companies, LLC DBA Ace Fencing Sandy Jones &Hunter Douglas PO Box 400 Hartsel, CO 80449 RE: 2020 OST Fencing Projects The County, having duly considered the Proposal submitted on October 18, 2019 for the work or purchase covered by the Contract Document titled 2020 OST Fencing Projects in the amount of one hundred and six thousand, nine hundred fifty-one dollars and zero cents ($106,951.00), and it appearing that the Price and other information in your Proposal Form is fair, equitable and to the best interest of the County, 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 via email at procurement@pitkincounty.com. PITKIN COUNTY Oct-24-2019 Ted O'Brien Date Resource and Trails Manager ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged S GU/i, iti/LA-S Oct-24-2019 Sandy Jones Date Owner - Managing Member Ace Fencing Docu�i , - SECURED Certificate Of Completion Envelope Id:41 D16F63FEA14435B203C215B988E558 Status:Completed Subject:Ace Fencing I Pitkin County Contract 239.19 for Review and Signature Source Envelope: Document Pages: 1 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 Pitkin County Procurement AutoNav: Enabled 530 East Main Street Envelopeld Stamping: Disabled Suite 203 Time Zone: (UTC-07:00)Mountain Time(US&Canada) Aspen,CO 81611 Procurement@PitkinCounty.com IP Address:65.38.144.66 Record Tracking Status:Original Holder:Pitkin County Procurement Location: DocuSign 10/24/2019 10:02:52 AM Procurement@PitkinCounty.com Signer Events Signature Timestamp Ted O'Brien Sent: 10/24/2019 10:03:45 AM ted.obrien@pitkincounty.com Viewed: 10/24/2019 10:14:50 AM Resource and Trails Manager Signed: 10/24/2019 10:15:13 AM Security Level: Email,Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address:65.38.144.66 Electronic Record and Signature Disclosure: Accepted: 10/24/2019 10:14:50 AM ID:bc8d99cd-1150-4ad2-96cb-7df54c0e298e Company Name:Pitkin County,Colorado Sandy Jones Sent: 10/24/2019 10:15:15 AM acefencingcolorado@gmail.com SaA , Viewed: 10/24/2019 12:30:58 PM Owner-Managing Member Ace Fencing Signed: 10/24/2019 2:46:31 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 184.167.243.119 Electronic Record and Signature Disclosure: Accepted: 10/24/2019 12:30:58 PM ID:49d738d0-2121-43a4-8237-7368eccd8672 Company Name:Pitkin County,Colorado In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement COPIED Sent: 10/24/2019 2:46:33 PM procurement@pitkincounty.com Resent: 10/24/2019 2:46:40 PM Procurement Viewed: 10/25/2019 3:44:12 PM Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:6/21/2019 11:35:47 AM ID:f4b0c7d5-e378-4bad-8806-08d16f6ff44c Company Name:Pitkin County,Colorado Accounts Payable COPIED Sent: 10/24/2019 2:46:37 PM AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/24/2019 2:46:37 PM Certified Delivered Security Checked 10/24/2019 2:46:37 PM Signing Complete Security Checked 10/24/2019 2:46:37 PM Completed Security Checked 10/24/2019 2:46:37 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:6/11/2019 12:14:06 PM Parties agreed to:Ted O'Brien,Sandy Jones,Pitkin County Procurement ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County(we, us or Pitkin County)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access, Intent, and Consent to Receive and Sign Materials Electronically To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receive notices and disclosures exclusively in electronic format on the terms and conditions described above,please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided. • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for for future reference and access; and • Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree'button at the bottom of this document. When you don't have a DocuSign Account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions,please confirm your agreement by clicking the 'I agree'button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: susan.sullivan@pitkincounty.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at susan.sullivan@pitkincounty.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. . To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to susan.sullivan@pitkincounty.com and in the body of such request you must state your e-mail, full name, Postal Address, telephone number, and account number. Contract#239.19 Rev.2018-10-10 htf Budget Line Item# 11836360.531500 TKIN COUNT PITKIN COUNTY CONSTRUCTION CONTRACT THIS CONTRACT,made December 6,2019 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E.Main St., Suite#302,Aspen, CO 81611, (hereinafter called the "County") and S&J Companies, LLC DBA Ace Fencing, PO Box 400, Hartsel, CO 80449 (hereinafter called the "Contractor") to perform the following work: 2020 OST Fencing Projects ("Project"). I. Term of Contract: The term of this Contract is from January 1, 2020 to August 31, 2020. II. Scope of Work and Work Schedule: A. Scope of work includes but is not limited to: installing fencing at the Rio Grande Trail ROW boundary along the Grange Family Ranch, on Thompson Creek Open Space, and on the Filoha Meadows Open Space boundary with the Claudia Nelson Property. A full scope of work is included as Exhibit A — RFP Documents and Exhibit B —RFP Addendum#1 Any additions to this project will be held to the pricing included as Exhibit C—Ace Fencing Proposal. B. All work performed under this Contract shall be performed in the Spring/Summer / Fall of 2020. Construction start date is dependent on this year's snowfall. The project lead for the county will work with the contractor to determine the best starting date. III. Payment: The County agrees to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract, the total price of one hundred and six thousand, nine hundred fifty-one dollars and zero cents ($106,951.00) in accordance with this Contract, subject to increase or decrease in accordance with the provisions of this Contract; but any payment by the County may be offset by any amount the Contractor owes the County for any reason. A. Payment Procedures 1) Contractor shall submit applications for payment monthly for work done to date. 2) Progress payments for Contracts exceeding one hundred fifty thousand dollars ($150,000.00) a. County shall make progress payments, within thirty (30) days of County's approval of Contractor's pay request. 1 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 b. In accordance to amend Section 2 Colorado Revised Statutes (C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty thousand dollars($150,000.00)and if the Contractor is satisfactorily performing this Contract, progress payments shall be in an amount equal to ninety-five percent (95%) of the calculated value of completed Project work. If, in the opinion of the Project Lead and County, satisfactory progress is not being made on the Project, or if claims are filed under Section C.R.S. § 38-26-107, as amended, County may retain such additional amounts as County may deem necessary to assure completion of the Project or to pay such claims and any Project Lead's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of this Contract. Progress payments shall not constitute final acceptance of the Project. 3) County shall make final payment, including release of retainage,to Contractor in accordance with this Contract and Section C.R.S. § 38-26- 107, as amended. IV. Contractor Obligations: A. Supervision and Superintendence 1) The Contractor shall supervise and direct the Project competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Project in accordance with this Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall 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 Lead except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. B. Subcontractors, Suppliers and Others 1) 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 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 2) The identity of subcontractors, suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment must be submitted to the County in advance of any work performed or materials supplied under this Contract for acceptance by the County and the Project Lead.No acceptance by the County or the Project Lead of any such subcontractor, supplier or other person or organization shall constitute a waiver of any right of the County or the Project Lead to reject defective Project work. 3) The Contractor shall be fully responsible to the County and the Project Lead for all acts and omissions of the subcontractors, suppliers and other persons and organizations performing or furnishing any of the Project work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in this Contract shall create any Contractual relationship between the County or the Project Lead and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of the County or the Project Lead to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 4) All Project work performed for Contractor by a subcontractor will be pursuant to an appropriate contract between the Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of this Contract for the benefit of the County and the Project Lead. C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and assume all costs incident to their use in the performance of the Project or the incorporation in the Project of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the County and the Project Lead and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights or copyrights incidental to the use in the performance of the Project or resulting from the product or device not specified in this Contract, and shall defend all such claims in connection with any alleged infringement of such rights. D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain and pay for all construction permits and licenses. The County shall assist the Contractor,when necessary,in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Project. The Contractor shall pay all charges of utilities for connections to the Project, and the County shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 3 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 E. Laws and Regulations. The Contractor shall be familiar with and shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing and performance of the Project including rules, regulations, and ordinances the County promulgates at any time. Except where otherwise expressly required by applicable laws and regulations,neither the County nor the Project Lead shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. F. Taxes. The Contractor shall pay all existing and future applicable federal, state and local sales,consumer,use and other similar taxes whether direct or indirect.Federal excise tax may not apply to materials purchased by the County. The Contract price shall include all other federal, state, and/or local direct or indirect taxes, which do apply. The Contract price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the County (except as provided in this Contract). The Contractor shall not be reimbursed separately for any taxes, which may apply except as provided in this Contract, and the Contractor shall be responsible for all taxes,which may apply. The County is tax exempt from Federal Excise Tax and Colorado State or local sales or use taxes. The Contractor and its subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the County. G. Use of Premises. 1) The Contractor shall confine construction equipment,the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by this Contract, law,ordinances,and permits. The Contractor shall assume full responsibility for any damage to any such land or area, or to the County or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Project. Should any claim be made against the County or the Project Lead by any such owner or occupant because of the performance of the Project, Contractor shall promptly settle with such other party. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the County harmless from and against all claims, damages, losses and expenses (including, but not limited to, 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 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 4 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 and machinery, temporary structures, stumps or portions of trees, and surplus materials, and shall leave the site clean and ready for occupancy by the County. The Contractor shall restore to original condition all property not designated for alteration by this Contract. 3) The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Project or adjacent property to stresses or pressures that will endanger it. H. Safety and Protection. 1) The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: a. All employees in the Project area and other persons and organizations who may be affected thereby; b. All the Project materials and equipment to be incorporated therein, whether in storage on or off the site; and c. Other property at the site or adjacent thereto,including trees, shrubs, lawns, walks, pavements, road-ways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 2) The Contractor shall be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project,including the safety of all persons who may enter on the job site for any reason and the security of all property located on the job site. This requirement shall apply at all times during the course of the Contract and not only to normal Project work hours. 3) The Contractor shall at all times conduct the Project in such manner as will incur the least practicable interference with traffic and existing utility systems. No section of any road shall be closed to the public,nor any utility system put out of service except after permission, has been granted by the Project Lead. Each item of the Project shall be prosecuted to completion without delay and in no instance will the Contractor be permitted to transfer its forces from an uncompleted Project to a new Project without prior written notification of the Contractor to the Project Lead. a. Unless this Contract specifically provides for the closing to traffic of any local road or highway while construction is in progress, such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition temporary approaches, crossings, or intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over the section of road affected by the Project to be done 5 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 under this Contract, and of constructing and maintaining such approaches, crossing, intersections and any necessary features without direct compensation, except as otherwise provided. b. The Contractor shall provide, erect and maintain all necessary barricades,signs,danger signals and lights to protect the Project and the safety of the public. The Contractor's responsibility for necessary barricades, signs, and lights shall not cease until the Project has been accepted. V. Performance and Payment Bond. A. Contractor shall furnish a performance and payment bond in the amount of one half of the total Contract value for all Contracts over fifty thousand dollars($50,000.00), as required by C.R.S. § 38-26-105, et seq. all Bonds shall be in the form acceptable to the County. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of paragraph A of this Section, Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which must be acceptable to the County. VI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project,hereinafter referred to as indemnitee,from all suits and claims, including attorney's fees and cost of litigation, actions,loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract,the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend,pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 6 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents,representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. 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. A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form"basis. 1) Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. 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 additional insured) Minimum Limits: General Aggregate $ 1,000,000 Products/Completed Operations Aggregate $ 1,000,000 Each Occurrence Limit $ 1,000,000 7 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 Personal/Advertising Injury $ 1,000,000 Fire Damage(Any One Fire) $ 50,000 Medical Payments(Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal/Advertising Injury • Products/Completed Operations • Liability assumed under an Insured Contract(including defense costs assumed under contract) • Independent Contractors • Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". 3) Auto Liability: Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage(Each Accident) $ 1,000,000 4) Contractors Pollution Liability: Waived for this project under the understanding that the contractor will carry an appropriately sized spill kit for all equipment used and will not refuel or perform major repairs (hydraulics) in proximity to the river. Proximity to be determined by the County Project Lead. 5) Special Coverages (check as appropriate and insert amount): a. ❑ Performance Bond $ 53,475.50 i. 0 Labor and Material $ ii. 0 Payment Bond $ b. ❑ Professional Errors and Omissions 8 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 c. 0 Aircraft Liability d. 0 Owner's Protective e. 0 Boiler and Machinery f. 0 Loss of Use Insurance g. 0 Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty(30)days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to Pitkin County Procurement 530 E Main Street, Suite #304, Aspen, CO 81611. 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 procurement(aipitkincounty.com, at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. VIII. Exemptions and Preferences. 9 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 A. All purchases of construction or building or any other materials for any contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the Project to the extent of not less than eighty percent(80%) of each type or class of labor employed on such project; except for highway construction,which is subject to C.R.S. §43-2-208,which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the Project is performed. IX. Protection and Restoration of Property and Landscape; Hazardous Materials. A. Protection and Restoration of Property. 1) The Contractor shall be responsible for the preservation of all public and private property and shall carefully protect from disturbance or damage all land and property, as well as any monuments and property marks until the Project Lead has witnessed or otherwise referenced their location and shall not remove them until directed. 2) The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the Project, resulting from any act, omission, neglect, or misconduct in its manner or method of executing the Project, or at any time due to defective Project work or materials, and said responsibility shall not 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. 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 10 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 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. XI. Changes in the Project and Use of Change Orders. A. The County may, from time to time,request changes in the scope of services of the Contractor to be performed hereunder. 1) The Project Lead shall issue a notice informing the Contractor of a planned change in the Project and requesting the Contractor's detailed price proposal and adjusted schedule of work. The Contractor shall submit a priced proposal for performing the proposed change in the Project within five (5) days of notice or such other time acceptable to both parties. When the Contractor and the County reach agreement on the adjustments to the Contract price and/or Contract time, and changes in the Project, such adjustments shall be promptly recorded in an executed Change Order. B. All Contractor initiated change requests shall be submitted to the County and the Project Lead in a letter or written notice with the reference notation "Contractor Change Request". If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the Project Lead or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv)is delayed in the progress of the Project; or, (v)becomes aware of any other 11 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Project Lead prompt written notice of such matters. 1) All Contractor change requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor believes may require an extension in time,price or other modification. The Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor change request and,provide an estimate of the adjustment in the Contract Price and/or Contract Time, which it believes is appropriate. 2) Contractor Time Requirements a. With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions in this Contract, a Contractor change request shall be submitted before the Contractor acts on them, but in no event more than ten (10) consecutive calendar days after they were received or discovered. b. With respect to any differing site conditions, a Contractor change request shall be submitted before the conditions are disturbed,but in no event more than ten (10) consecutive calendar days after the conditions are first discovered. c. With respect to delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the delay,but in no event more than ten(10) consecutive calendar days therefrom. d. With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than ten (10) consecutive calendar days after the Contractor becomes aware of such circumstance or matter. 3) Submittal Requirements and Waiver of Claims a. If the Contractor does not submit a Contractor change request within the time required above, any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, will not be considered by the County as a change to the Project and the Contractor waives any claim for an adjustment on the Contract Price or the Contract Time. b. The Contractor shall, at the time a Contractor change request is submitted provide the Project Lead with a complete and itemized proposal of Contract price and time adjustments. The proposal shall also contain a detailed explanation, citing all applicable provisions in this Contract, which supports the Contractor change request. If the Contractor does not submit its itemized proposal within the time 12 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 described above or within such extension, which the Project Lead, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract price or Contract time arising out of the act or event described in the Contract change request. c. If a Contractor change request is denied by the Project Lead, in whole or in part, any claim for an increase in the Contract price or Contract time arising out of the act or event described in the Contractor change request is waived unless the Contractor timely complied with the provisions of paragraphs 2(a-d) of this Section. XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Project Work A. Warranty. 1) The Contractor warrants and guarantees to the County that 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 be in conformance with the those technical specifications provided in Section II (Scope of Work) of this Contract and Contractor's Proposal. Except where longer periods of warranty are indicated for certain items, Contractor warrants Project work, whether furnished, installed, provided, performed or supplied by Contractor, a subcontractor or supplier,to be free from faulty materials and workmanship and that each piece of equipment or any part thereof incorporated into the Project or any subsystem shall conform to the aforementioned warranty and guarantee provisions and be free from failure for a period of not less than one (1) year from date of Final Payment. 2) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Project work performed and materials furnished under the Contract,the Contractor shall: a. Obtain all warranties that would be given in normal commercial practice. To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty exceeds the minimum County requirements as set forth in this Section or elsewhere in this Contract, the subcontractor's, manufacturer's, or supplier's standard warranty shall apply. b. Require all warranties to be executed,in writing, for the benefit of the County, if directed by the Project Lead; or 13 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 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. 1) The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and approval tests for the work performed by the Contractor or its subcontractor. 2) If any laws, ordinances,rules,regulations, code or order of any public body having jurisdiction requires any Project work (or part thereof) to specifically be inspected,tested or approved,the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Project Lead the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or re-testing required in connection with the County's or the Project Lead's acceptance of a supplier of materials or equipment proposed to be incorporated in the Project, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Project.The cost of all inspections,testing,re-testing and approvals in addition to the above which are required by this Contract shall be paid by the Contractor (unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place,and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter. 3) All inspections, tests or approvals other than those required by laws, ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be performed by organizations acceptable to the Project 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 Contractor's expense. 5) Neither observations by the Project Lead nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Project in accordance with this Contract. D. Correction or Removal of Defective Work. If required by the Project Lead or the County,the Contractor shall promptly, as directed, either correct all defective Project work, whether or not fabricated, installed or completed, or, if the Project work has been rejected by the Project Lead or the County,remove it from the site and replace it with non-defective Project work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees 14 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 and charges of engineers, architects, attorneys and other professionals) made necessary thereby. E. Correction Period. If within one (1) year after the date of Final Payment or such longer period of time as may be prescribed by laws or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Project work is found to be defective, the Contractor shall promptly without cost to County and in accordance with County's written instructions, either correct such defective Project work, or, if it has been rejected by County,remove it from the site and replace it with non-defective Project work. If the Contractor does not promptly (within seven (7) days from receipt) comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the defective Project work corrected or the rejected Project work removed and replaced,and all direct,indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Project work, other property, or person,which occurred as a result of the defective Project work. F. County May Correct Defective Work. If the Contractor fails within ten (10) consecutive calendar days after written notice of the Project Lead or the County to proceed to correct and to correct defective Project work or to remove and replace rejected Project work as required by the Project Lead or the County in accordance with paragraph D of this Section,or if the Contractor fails to perform the Project work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents,the County may, after seven(7)days' written notice to the Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to the extent necessary to complete corrective and remedial action. The County may exclude the Contractor from all or part of the site,take possession of all or part of the Project, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Project all materials and equipment stored at the site or for which the County has paid the Contractor but which are stored elsewhere. The Contractor shall allow the County, the County's representatives, agents and employees such access to the site as maybe necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the County incorporating the necessary revisions in the Contract price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Project work. The Contractor shall not 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. 15 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 XIII. Liquidated Damages. It is the County's intent to complete this project no later than July 31, 2020. Liquidated damages of zero dollars and zero cents ($0.00)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 be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed,by and between the Contractor and the County,that the time(s) for completion of the Project described herein are reasonable time(s) for the completion of the Project, taking into consideration the average climatic conditions prevailing in the locality 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 construction of the Project. E. Excusable Delays -Force Majeure. If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision,except the County, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires,hurricanes, storms, floods,washouts, droughts, arrests,restraint of 16 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. F. Cumulative Remedy. The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity,by statute, or under Contract. XIV. Termination of Contract A. The County may terminate this Contract upon the occurrence of any one or more of the following events: 1) If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code(Title II,United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 2) If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 3) If the Contractor makes a general assignment for the benefit of creditors; 4) If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5) If the Contractor persistently fails to perform the Project in accordance with this Contract including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the work schedule established in this Contract; 6) If the Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction. B. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (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 17 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. XV. Independent Contract Status. A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state,FICA and other income taxes. F. The Contractor shall be required to complete and submit to the County, a Form W-9 Taxpayer Identification Number Request. XVI. Computation of Time. A. When any period of time is referred to in this Contract by days,it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation. B. All times stated in this Contract are of the essence. XVII. Records and Cost Pricing Data. A. The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications,Addenda,Written Amendments, Change Orders,Project Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated and updated weekly to show all changes made during construction. These record documents together with all approved samples will be available to the Project Lead for reference. Upon completion of the Project, these record documents and samples will be delivered to the Project Lead for the County. B. The Contractor shall maintain all data and records pertinent to the Project performed under this Contract,in accordance with generally accepted accounting principles,and shall preserve and make available all data and records until the expiration of three(3) years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of this Contract. The 18 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 County shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any subcontractor utilized in the performance of this Contract permit the authorized representatives of the County to similarly inspect and audit all data and records of said subcontractors relating to the performance of said subcontractors under this Contract for the same time period. C. If this Contract is completely or partially terminated,the records relating to the Project terminated shall be made available for three (3) years after any resulting final termination payment. D. Records pertaining to appeals or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims. XVIII. Miscellaneous. A. Any use of subcontractors by the Contractor for performance of this Contract must 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 written or oral. This Contract may be amended only by written Contract signed by both the County and the Contractor. D. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. E. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable 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, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. G. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No 19 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. H. Notice. Any notice required or permitted under this Contract 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. 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: Ted O'Brien Pitkin County Attorney's Office 806 West Hallam Street 530 E. Main St., Suite #301 Aspen, CO 81611 Aspen, Colorado 81611 Email: ted.obrien@pitkincounty.com Email: Attorney@pitkincounty.com To Contractor: S&J Companies, LLC DBA Ace Fencing PO Box 400 Hartsel, CO 80449 Phone: (719) 246-3357 Email: acefencingcolorado@gmail.com I. Waiver. No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver of any other right, term or condition,nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. XIX. Contractor's Representations. A. In order to induce County to enter into this Contract, Contractor makes the following representations: 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. 2) Contractor has carefully studied the site and has performed all necessary investigations, tests, and subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. 3) Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price,within the Contract time, and in accordance with the other terms and conditions of 20 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 this Contract; and no additional examinations, investigations, 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 terms and conditions of this Contract. 5) Contractor has given Project Lead written notice of all conflicts, errors, or discrepancies that it has discovered in this Contract, and the written resolution thereof by Project Lead is acceptable to Contractor. 6) By executing this Contract, the Contractor represents that it has visited the site, familiarized itself with the local conditions under which the Project work is to be performed(including weather conditions which can be expected), and correlated its observations with the requirements of this Contract. 7) The undersigned representative of Contractor represents that it is an authorized representative of Contractor for the purposes of executing this Contract and that it has full and complete authority to enter into this Contract on behalf of Contractor. XX. Counterparts. This Contract 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. §§ 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, 21 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written,notarized affirmation,affirming that Contractor has examined the legal work status of such employee,and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. PUBLIC CONTRACTS WITH NATURAL PERSONS.§§24-76.5-101,et seq.,C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of§§24-76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. 22 Contract#239.19 Rev.2018-10-10 btf Budget Line Item# 11836360.531500 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. S&J COMPANIES, LLC DBA Ace Fencing May-06-2020 Jarrod Frans Date Owner - Managing Member Ace Fencing PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: Apr-23-2020 Ted O'Brien Date Resource and Trails Manager SECTION APPROVAL: P(u1US May-06-2020 Phyl i s Mattice Date Assistant County Manager MANAGER APPROVAL: May-09-2020 Jon Peacock Date County Manager ATTORNEY APPROVAL: IT UAL T May-06-2020 Ri chard Nei ley Date Asst. County Attorney 23 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 JKIN COUNT - @ .)*CND, - PUBLIC NOTICE Pitkin County is accepting proposals to provide 2020 OST Fencing Projects. More information is available online at www.BidNetDirect.com/Colorado. Any and all questions, or requests for clarification, must be submitted by 4:00 PM MT on September 27, 2019. Questions and requests for clarification will only be accepted via email at procurement@pitkincounty.com. Proposal documents must be uploaded to the BidNet Direct website no later than 2:00 PM MT on October 18, 2019. Published in the Aspen Daily News: September 16th and 23ra 1 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 PITKIN COUNTY 2020 OST Fencing Projects Table of Contents REQUEST FOR PROPOSAL I. INTRODUCTION 3 II. COUNTY BACKGROUND 3 III. SCOPE OF WORK 4 A. SPECIFICATIONS AND DRAWINGS 4 B. CONTRACT TIME AND LIQUIDATED DAMAGES 4 C. ADDITIONAL INFORMATION 4 IV. SELECTION PROCESS 4 A. SUBMITTALS 4 B. TIME SCHEDULE 6 C. EVALUATION CRITERIA AND WEIGHING 6 D. SELECTION COMMITTEE 7 E. CONTRACT 7 PROPOSAL FORM 8 INSTRUCTIONS TO PROPOSERS 10 2 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 i1'KIN COUNT C/-C) �7 REQUEST FOR PROPOSALS 2020 OST Fencing Projects GENERAL INFORMATION TO PROPOSERS ISSUED: September 10, 2019 DUE: October 18, 2019 at 2:00 PM MT I. INTRODUCTION Pitkin County (hereinafter called the "County") is qualifying interested parties for the provision of fence construction throughout Pitkin County as per the Project Maps noted as Exhibits A-C. The County will award a one-year contract with work to take place from March 2020 to July 2020. II. COUNTY BACKGROUND Covering 975 square miles, Pitkin County is located in the heart of the White River National Forest, surrounded by the spectacular peaks of the central Rocky Mountains. Pitkin County is located in Colorado with the county seat of Aspen. Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old Snowmass, Meredith, Thomasville, Redstone and portions of the town of Basalt. As public servants, we work in the public trust to ensure quality of life and experience in Pitkin County for present and future generations. Organizational Values: Pitkin County embraces the following values to promote public trust and confidence in County Government. Stewardship: We strive to leave our natural environment, community,public assets, and organization in better condition than we found them for current and future generations. Ethics: We hold ourselves to high standards of honesty and dependability in the conduct of county business. Excellence: We are committed to providing quality services that are accessible, accurate and innovative to meet our community's needs. Collaboration: We work together as employees and with citizens and other government, non-profit and private sector organizations helping each other succeed in promoting and achieving the public's goals. 3 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 Open Communication: We are committed to listening to our citizens and partners and to giving accurate and timely information. Positive Work Environment: We appreciate dedicated and knowledgeable employees and support their professional and personal growth. Additional information about the County may be found on the County's website at: http://www.pitkincounty.com/DocumentCenter/View/4468 III. SCOPE OF WORK A. SPECIFICATIONS 1. Three fences are to be constructed within the scope of this project: a.Within the Rio Grande Trail Right-of-Way boundary along the Grange family ranch (-9800 LF)—Exhibit A b.On the Thompson Creek Open Space (-2750 LF)—Exhibit B c.On the boundary line between Filoha Meadows Open Space and the Claudia Nelson Property(-1000LF)—Exhibit C 2. All fences shall be constructed of 5 strand, woven and barbed wire, at a height of not less than 52". The top and bottom strands of fence shall be smooth wire, while the middle three strands are to be woven barbed wire. Bottom wire shall be 12-16" from ground to allow safe wildlife passage as noted within "CPW Fencing with Wildlife in Mind" instructional booklet. Creek Clappers will be utilized as necessary at stream and/or irrigation ditch crossings. T-posts shall be used for straight sections of fence,evenly spaced at 12' apart with two wire stays evenly spaced between posts. Tensioned wooden H-posts, shall be incorporated approximately every 200' or less depending on terrain. All corners or direction change shall have 3 wooden post with braces. Existing gates will be re-used and re-set and new fence will tie into the existing gate locations. Gate structures shall have wooden H-frames with braces,with hinge-post set in concrete. Invoices shall be separated in regards to labor and materials, with materials being invoiced separately. See attached maps illustrating the boundary line where future fence will be located. Please note that H-brace estimates on map are not exact. Bidders will be responsible for appropriate design of fence for each alignment. 3. Please bid time and materials per the attached Bid Tab—Exhibit D B. ADDITIONAL INFORMATION It is the Contractors responsibility to provide all safety equipment necessary and to perform all work in a safe and workman-like manner. Pitkin County reserves the right to enter the working site for periodic checks of safe working environments. IV. SELECTION PROCESS The County is required by the terms of the Pitkin County Procurement Code to conduct a competitive selection process to select a Contractor for the above- 4 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 described proposal. This process shall be through formal proposals submitted in response to this Request for Proposals. A. SUBMITTALS 1.Proposer shall submit proposals for this Service as outlined in the Request for Proposals and Scope of Services, or an alternately developed plan as developed by Proposer in response to and in accordance with this Request for Proposals and Information to Proposers attached hereto. Proposal Format: Each response shall be 8%" X 11" in size. Font, Times New Roman, size shall be no smaller than 12 point and submission shall not exceed twenty(20)pages total,any page after page 20 will not be reviewed. Exclusions for cover letters, Proposal Form,personnel résumés, and Template Contract revisions, all to be uploaded as their own separate file. Proposals may include pages up to 11"x17" size with each sheet larger than 8.5"xl l" counting as two sheets. a. The proposal must contain name, address, daytime phone number(s), and e-mail address for person(s) to whom additional selection process requests should be communicated; b. A proposed approach (basic description of how Proposer will proceed with this Service), timetable for the Service, and proposed method of compensation for services rendered; c. A statement of Qualifications of the Proposer; d. References; e. A completed Proposal Form; f. List of all subcontractors; g. Fee schedule for any work completed not included in Scope of Work 2. Proposer may be required to supply additional information upon request, or to make additional submissions under secondary selection criteria, if necessary. 3. Any and all questions or comments shall be submitted via email to procurement(apitkincounty.com no later than 4:00 PM MT on September 27, 2019. All requests must have the email subject line, "RFP 239.19 2020 OST Fencing Projects Clarification and Questions." All questions, comments and answers provided shall be shared with all Proposers via addendum posted on BidNet Direct. Addendum(s)will include the requests for clarification and questions, as written by the Proposer. 5 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 4. All Proposals must be uploaded to the BidNet Direct website. Proposals will not be accepted in any other form or manner. 5. During the Request for Proposal selection process, all proposals shall remain confidential. The entire selection process(procurement) file shall be available to the public (which includes all Proposers) after an agreement is approved by the County, except those items for which confidentiality has been requested in writing by the Proposer, and providing that the County Attorney has reviewed and determined this to be the properly confidential under the State Open Records Act and other relevant statutes and regulations. B. TIME SCHEDULE The County will endeavor to use the following timetable: September 9, 2019 Request for Proposals publicly advertised,posted on website (www.bidnetdirect.com/colorado) September 25, 2019 Mandatory project site-walk at the Rio Grande Trail Trailhead at Basalt High School at 11:00 AM. Please RSVP attendance with procurement@pitkincounty.com and ted.obrien@pitkincounty.com September 27, 2019 Proposer's request for clarification and questions due via email to procurement@pitkincounty.com by 4:00 PM MT October 7, 2019 County's response to request for clarification and questions posted on BidNet Direct via addendum October 18, 2019 PROPOSALS MUST BE UPLOADED TO BIDNET DIRECT BY 2:00 PM MT Week of October 21, 2019 Meeting of Selection Committee; checking of references; requests for additional information, if necessary; scheduling of interviews, if necessary October 28, 2019 Notice to Proposers March 2, 2019 Anticipated Contract Start Date 6 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 C. EVALUATION CRITERIA AND WEIGHING Selection of the "short-listed" Proposers to be interviewed and/or the selection of the top-ranked Proposer will be based upon the following criteria and relative importance (or as the same may be amended or supplemented by published secondary selection criteria, if any): 1. Approach to Project 30% The Proposer shall prepare a brief statement as to intention to handle: A. The Project B. The Project Schedule 2. List of similar work 10% The Proposer shall submit examples of work of similar size and type. 3. Availability 25% The Proposer shall affirmatively state and demonstrate that all necessary staff is available to complete the Project within the time indicated on the proposed schedule. 4. Estimated Cost of Services, including Reimbursable Expenses 25% List of reimbursable expenses should be submitted with a top-set. A. The Proposer shall list all costs assumed necessary to provide a completed product, including i. Labor expenses ii. Reimbursable expenses iii. Miscellaneous expenses B. The Proposer shall provide a list of standard pickup rates and other necessary rates to complete the Project. 5. References 10% The Proposer shall provide a list, including contact name and information, of references/prior clients, especially local, state and federal government. 7 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 D. SELECTION COMMITTEE Communications between Proposer and any member of the selection committee during the selection process except when and in the manner expressly authorized by the Request for Proposals, is prohibited. Violation of this restriction is grounds for disqualification from the process. Voting Members of the Nonvoting counsel to the Selection Committee: Selection Committee: - Bill Griggers, OST Crew -County Attorney Supervisor -County Procurement - Gary Tennenbaum, OST Director - Paul Holsinger, OST Agriculture and Conservation Easement Administrator - Ted O'Brien, Resource & Trails Manager E. CONTRACT A sample of the Pitkin County Contract for the Provision of Construction is included as Exhibit E. The Proposer must present exceptions to the standard contract with the proposal. If concerns are not expressed, the County shall consider that terms and conditions as accepted. Contract alterations, modifications, additions or deletions will not be accepted at any time after proposals are submitted. Submittal of contract changes is for County information only and will only be reviewed upon vendor selection has been completed; it does not disqualify any vendor from contract award. 8 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 TKIN COUNT • PROPOSAL FORM Proposal Time: 2:00 PM MT Proposal Date: October 18, 2019 From: Phone E-mail Address: To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Procurement 530 E Main Street, Suite #304 Aspen, CO 81611 For: RFP 239.19: Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer having examined this Request for Proposals (RFP), including the site of the proposed Service and being familiar with conditions surrounding the Service of the proposed Service, including the availability of materials and labor hereby proposed to furnish all labor,materials, supplies, applicable permits, services and supervision required to perform the Service as detailed in this RFP for the sum of: The Fee Schedule for this project and any similar work not included in the Scope of Work is included. Statement and Detailed Approach to Service: Qualifications of Proposer: Please insert names address, phone numbers and description of similar Service for Reference Checks. 9 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 1. 2. 3. It is further understood that the right is reserved by the County to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The Proposer acknowledges receipt of Addenda Nos. The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures) Dated this day of , 2018 (Corporate seal) PROPOSER: SIGNATURES: If the proposal is being submitted by a Corporation, the Proposer should be signed by an officer,i.e.President or vice-president. The signature of the officer signing shall be attested to by the secretary and properly sealed. If the proposal is being submitted by an individual or a partnership,the proposal shall so indicate and be properly signed. 10 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 INSTRUCTIONS TO PROPOSERS FOR PITKIN COUNTY CONTRACTS 1. a. A "Proposal" is a responsive, conforming, unconditional, complete, legible and properly executed offer on the Pitkin County Proposal Form to do the work called for in the Request for Proposals ("RFP"). b. Proposals must be submitted electronically in PDF format and submitted at the time and place designated in the RFP. Electronic submissions must be clearly marked as a "sealed proposal" with the Service name and the name, contact person, mailing address and telephone number of the Proposer. The County reserves the right to request verification of any original or electronic signature at any time before issuing a Notice of Award. c. It shall be the responsibility of the Proposer to ensure that the Proposal is in proper form and in the County's possession by or before the scheduled time and date of public Proposal opening. Proposals will not be accepted after the scheduled time and date of opening. Any Proposals received late will be returned to the Proposer unopened, if possible.In the event that it is impossible to determine who the late Proposer is unless the envelope is opened,the envelope will be opened,the address determined, and the envelope and Proposal returned immediately to the Proposer. d. If specified in the Request for Proposals, parties who request packages of proposal documents will be required to pay a fee for the document package. All parties who request packages must provide the name of the potential Proposer, along with the name of a contact person, address, telephone number, and email address for the purpose of dissemination of Addenda or additional proposal information. e. If a mistake is made or discovered at or after the public opening,the County reserves the right to determine which party made the mistake and whether the mistake is material and, after these determinations,the County, in its sole discretion, shall make the decision whether to accept or reject the Proposal.No advantage shall be taken by either party of manifest clerical errors or omissions in the Proposal documents or the Request for Proposals (and plans and specifications). All Proposers are required to notify the County immediately of any errors of omissions that may be encountered. (See 2.a. and 2.c.,below). f. The signer of the Proposal must initial any alteration or erasure. If provided on the required Proposal Form, the proposal price of each item must be stated in numerals and words;in case of a conflict,the words will control. In case of conflict between the indicated sum of any addition of figures and the correct sum, the correct sum will control. g. No reimbursement will be made by the County for any costs incurred in the preparation of a statement of qualifications, Proposals, or attendance at a site inspection,pre-bid conference or interviews. h. No person, firm, corporation or other entity shall be allowed to make, file or be interested in more than one Proposal for the same work,unless alternate proposals are called for.A person,firm,corporation or other entity who has submitted a subproposal 11 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 to Proposer, or who has quoted prices on materials to a Proposer, is not hereby disqualified from submitting a subproposal or quoting prices to other Proposers. 2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Drawings, Specifications or other Proposal or Contract Documents, or finds discrepancies, errors, ambiguities, inconsistencies, incompleteness or omissions in the Drawings or Specifications or the proposal process, he/she must submit to the Procurement Officer a written request for an amplification,clarification, explanation, interpretation or correction thereof. Failure to do so shall constitute: (1) acceptance by the Proposer of the Drawings, Specifications or other Proposal or Contract Documents as is, and (2) a waiver by the Proposer of any and all claims arising, or that might arise, out of such discrepancies, errors, ambiguities, inconsistencies,incompleteness or omissions. b. Proposers may propose substitute materials or techniques if such substitution is equal to or better than the materials or techniques described in the RFP and if the substitution has been submitted in writing at least ten (10) days prior to the public Proposal opening. The burden of proof of equality or superior quality is on the Proposer. If accepted as equal by the County in its discretion, the substitute will be designated as an alternative on a formal addendum distributed to all Proposers at least three(3)days prior to the deadline for Proposal submission. c. Any amplification, clarification, explanation, interpretation or correction of the documents will be made only by written Addendum duly issued and a copy of the Addendum will be mailed or delivered to each person receiving a set of the Proposal Documents. Delivery, as used in these Instructions, shall include electronic delivery through e-mail, facsimile,web-posting or other electronic means.Neither the County nor the Procurement Officer will be responsible for any information,representations, explanations or interpretations of the Contract Documents not in written addenda. d. The County reserves the right to call a pre-proposal conference; if called and conducted,a summary of the pre-proposal conference will be mailed or electronically delivered to all parties receiving a set of Proposal documents. e. On request, the County will provide each Proposer access to the site to conduct, at Proposer's sole cost,such inspections,tests and investigations as each Proposer deems necessary for submission of a Proposal. No information provided by County representatives at such a site inspection shall be deemed a waiver of the requirements of 2.a. and 2.c.,above. f. Any Addenda issued during the time of the Proposal process, or forming a part of the Proposal Documents, shall be covered in the Proposal, and shall be considered a part of the RFP. Receipt of each Addendum shall be acknowledged in the Proposal. g. If specified in the RFP, a request for qualifications may precede the RFP process. 3. a. Each Proposal, if required by the Proposal Documents, shall be accompanied by a certified check or bid bond in a form acceptable to the County Attorney, in an amount specified,payable without condition to the County as a guarantee that the Proposer, if awarded the Contract, will promptly execute the Agreement in accordance with the Proposal, and will furnish, if required by the Proposal, good and sufficient bonds for 12 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 the faithful performance of the Contract and for the payment to all persons supplying labor and material for the work(see 10.a.,below).The Proposal guaranties of all parties except the three highest scoring Proposals will be returned promptly after the opening of Proposals. After execution of the Contract and issuance of a Notice to Proceed,the remaining two Proposers' guaranties will be returned. b. Proposer also, if required by the Proposal Documents,will fully complete and submit with the Proposal a Pitkin County Qualification Statement, or an updated Statement if one is already on file.Pitkin County reserves the right to pre-qualify Proposers based on said qualification statements. c. Proposer also must submit with the Proposal a list of subcontractors, independent contractors and suppliers to be employed under the Contract. If the County has a reasonable objection to any such subcontractor, independent contractor or supplier, it shall notify the Proposer and the Proposer may then: (a)withdraw the Proposal;or(b) substitute an acceptable contractor or supplier.If required by the Contract Documents, subcontractors, independent contractors and/or suppliers may be required to submit a Contractor's Qualification Statement. d. Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign)and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. e. Proposals by partnerships or limited liability companies ("LLC") must be executed in the partnership or LLC name and signed by a partner, authorized LLC officer, whose title must appear under the signature and the official address of the partnership or LLC must be shown below the signature.The state in which the entity was formed and whose law governs the entity shall be shown below the signature. f. All names must be typed or printed below the signature. 4. a. Proposer acknowledges that this proposal is solicited and submitted subject to the requirements of the "Pitkin County Procurement Code," (Ordinance #026-2005, as amended by Ordinance #03-2007 (copies available on the Pitkin County website at http://pitkincounty.com/DocumentCenter/Home/View/5314 or upon request for a nominal charge). As such,the Proposer agrees to comply with all applicable require- ments of said Procurement Code relating to proposing, contract drafting, contract administration and ethics.The requirements of the Procurement Code are incorporated herein by this reference. b. The Proposer shall immediately notify the County Manager in writing of any violation of said Code by the County's employees or agents,which violation is known or should have been known by Proposer,and failure to so notify the County of violations within five(5)days of knowledge of such violations shall disqualify the Proposer from award of the Contract being proposed and shall be deemed as a waiver of any action or defense that the Proposer may have against the County by reason of such violation of the Procurement Code. 13 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 c. The submission of a Proposal shall be conclusive evidence and legal admission that the Proposer: (1) has no questions, complaints or objections in connection with the Proposal process and/or documents, subject to any requests made by Proposer for amplification, clarification, explanation, interpretation or correction pursuant to Paragraph 2.a. and 2.c.,above;(2)has no questions,complaints or objections as to the completeness, sufficiency,scope or detail of the Proposal Documents;and(3)has full knowledge of the scope, nature, quality and quantity of work to be performed, the detailed requirements of the Proposal Documents including any and all contract documents,the plans and specifications,the site and conditions under which the work is to be performed,the Pitkin County Procurement Code and applicable Colorado law. 5. a. All Proposals will be opened and read in public by name of Proposer only. No Proposals may be withdrawn after the beginning of the public opening. The County, in its sole discretion,may delay a Proposal opening for no longer than two(2)business days if weather or other circumstances beyond control of Proposers results in delay in receipt of Proposals. Proposals may be withdrawn at any time prior to the beginning of the public opening or modified by a document executed and delivered in a form substantially similar to the Proposal Form prior to opening. b. All Proposals submitted must be valid for a minimum period of sixty(60) days after the date of the Proposal opening. During this time, Proposers are investigated, and Proposals are evaluated. 6. a. Proposals will be awarded to the highest scoring Proposer complying with the terms, conditions, guidelines, selection criteria, plans and specifications presented in the Request For Proposals. All rights are reserved by the County to determine, in the County's sole reasonable discretion, whether the Proposal meets the needs or a purpose intended and is within the budget. b. Although price may be a major consideration in the selection of a Proposal,the County does not award on price alone. The County may also consider the quality of product as judged by the County;past experience with Proposers,subcontractors,independent contractors, products or suppliers; qualifications of the Proposers and/or subcontractors, independent contractors or suppliers; services offered; warranties; maintenance considerations; long-range costs; delivery; and similar considerations, all as specified in detail in the RFP. c. The County reserves the absolute right to conduct such investigations as it deems necessary to assist in the evaluation of any Proposal and to establish the experience, responsibility, reliability, references, reputation, business ethics, history, qualifications and financial ability of the Proposers and proposed subcontractors, independent contractors and suppliers. The purpose of such investigation is to satisfy the County that the Proposer has the experience,resources and commercial reputation necessary to perform the work and support any warranties in accordance with the Contract Documents in the prescribed manner and time. d. The County, at its sole discretion, may require the apparent successful Proposer to demonstrate, at a place and time designated by the County, that the Proposal meets the performance criteria specified, or to otherwise provide documented proof from independent reliable sources acceptable to the County that said performance criteria will be met prior to final acceptance of the Proposal. The burden of proof of such a 14 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 demonstration is on the Proposer. In the event that the apparent successful Proposer fails to demonstrate or provide acceptable proof of meeting required performance criteria, that proposal will be rejected and the next eligible Proposer in the selection ranking will be invited to participate in the same process until a proposal meeting performance criteria is found within the ranking of eligible Proposers. The County reserves the rights to reject any or all Proposals or to otherwise accept the Proposal which in the County's sole discretion is in the best interest of the County. e. Pitkin County reserves the right, if it deems such action to be in the best interests of the County, to reject any and all Proposals or to waive any irregularities or informalities therein. Any incomplete, conclusory, false or misleading information provided by Proposer shall be grounds for rejection of the proposal. If proposals are rejected, the County further reserves the right to investigate and accept the next best proposal in order of ranking or to reject all proposals and re-solicit for additional pro- posals. f. Any questions or disputes involving the documents or procedures not covered by these Instructions or other Proposal Documents shall be resolved by the Procurement Officer on the basis of fairness, custom in the industry, maximization of competition and best interests and convenience of the County. 7. Issuance of Notice of Award, execution of Contract Documents and issuance of a Notice to Proceed shall be as specified in the Contract Documents. 8. Contracts will be executed on standard Pitkin County Contract documents and/or by separate agreement with the Proposer. Copies of any applicable standard forms are included with the Proposal Documents. The County reserves the right to negotiate with the Proposer for contract terms not specified in the Proposing Documents. Any changes from the Pitkin County standard form contract may result in a delay in the issuance of a Notice to Proceed in order to obtain any necessary County Attorney review of changes from the standard form. Proposer agrees that any such delays shall not be grounds for either additional compensation or an extension of time to complete the work that is the subject of the Proposal. 9. If the contract awarded as a result of a Proposal extends beyond the calendar year, nothing herein shall be construed as an obligation by the County beyond any amounts that may be, from time to time, appropriated by the County on an annual basis. It is understood that payment under any Contract is conditional upon annual or supplemental statutory appropriation of funds by said governing body and that before providing services, the Proposer, if he/she so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated. 15 Rio Grande Trail/Grange Property Fence Install Project _ {, :N` \e -'''''N., _ W v I 1,E - ''''''...."- , ////////- _ • I 6 ,ilot , d +.+ ' 4 , , • I I I H •Wit w I r 1 r ,ei ' • _ ..ii k :14- 4- :4'- ' - r :� .r 4. f :11. Irrigation ditch crossing �'` - �4'+-_ ' "t . where creek clappers will be Installed at both fit, sides of paved trail `= * `' •• • ' 8- • . • - - `4L Jj jet 7 i.,. .... , 1:s _ , _ _ . ' $../c ) iii k ' 1 $4" . '0/1 . , -. 1.- - -4 J r v . i _. Pb County Feet .H w--- r.... 0 660 1,320 1,980 2,640 MR County 9QpCE4l Legend O N O' RGT-Grange Fence Replacement— 9,800' Open Space& Trails AT��� kIN c r—N..i Trail BLM t 14• f"' ::,.. . ,iit,:, ,,,, .. ‘, ':,•• : ''' 1/4‘"*.;' i 1. .., „ . 7. b7+,04pkc,‘ .. i..p.,1.,...4, . _.• :.;:r.c..,....ick.t?,..?„1:05:10* wi a. .4,.. _ ,.: _�,. , h fir. ,� t . Ii' ' f i Ae (�- ,,,' ' 4V;A 1 M L '44,, ; _., r. sir •'-'• - - 4. Thompson Creek OS �� • © •�� p• ~ j"' f Agricultural Lease Area t • p t ,aw • -„I• and Improvements Gate - Water,Breakk"' •:1► tm t, r,r_ . , Gate P Water Break 4s a�, .• 4 H # e' � H H Brace '© it ! c Gate Total Length Q , h, 2,750 feetel • ► x x x New Fence 2019 " l • Roads © ` Rivers/Streams r*14 '\( © z . Low Line tf T s - t t , Powerline \/ © GateD Break. /( x x x Fence it....../ ..Ntle M t, 1. V. t 1, .. r c � - 0 100 200 IOU WOMO •.r •wT. ite , ' t, {:� ,s fe^ This map/drawing is a graphical _ ►Or r - y•,ES • 1,1l t+: t representation of the features . •- '?'" . • a. depicted and is not a legal representation. ' (fin Cnt'y' Accuracy is not guaranteed. N Filoha Open Spacey Fence Install Project �,,� w'0 E viik S \ P\, . \ f, 0' - )IV ' Er •i Al IiIrrp i I 1 .1411:411t;d. . _ -.:'.k. . , O. ,... 4.,4. a t 1 r ti It 1,,,., A . 2 _ 111( . rik Y • 1 t . s • t i Feet 0 100 200 300 400 �Pp°E >� Legend O N -.41. — Filoha Fence Installment—1,000' Open Space & Trails ATico'` Trail BLM 2020 OST Fencing Projects RFP 239.19 Date: October 18,2019 Bid Item Unit Unit Price Quantity Extension Administrative Labor HR Field Labor HR 5-Strand Fence LF Tensioned Wooden H-Post EA Corner or Direction Change System EA Existing Gate Integration System EA Material Backup— Smooth Wire LF Woven Barbed Wire LF T-Post EA Wire Stay EA Wooden Post for H-Frame EA Wooden Brace for H-Frame EA 16'x52" 6 Rail 18Gauge Metal Gate EA Total Bid: Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx 41)IiTKIN COUNT PITKIN COUNTY CONSTRUCTION CONTRACT THIS CONTRACT, made by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the "County") and Contractor Legal Entity, Contractor Street Address (Include Suite/Unit), City, ST ZIP (hereinafter called the "Contractor") to perform the following work: Project Name ("Project"). I. Term of Contract: The term of this Contract is from 'Contract Start Date to Contract End M. `Optional Contract tJxtensiort II. Scope of Work and Work Schedule: A. Scope of Work: B. 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 Lill out number of dollar' dollars and Mut number of cent cents ($0.00) in accordance with this Contract, subject to increase or decrease in accordance with the provisions of this Contract; but any payment by the County may be offset by any amount the Contractor owes the County for any reason. A. Payment Procedures 1) Contractor shall submit applications for payment liraquen_cii for work done to date. 2) Progress payments for Contracts exceeding one hundred fifty thousand dollars ($150,000.00) a. County shall make progress payments, within thirty (30) days of County's approval of Contractor's pay request. b. In accordance to amend Section 2 Colorado Revised Statutes (C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty thousand dollars($150,000.00)and if the Contractor is satisfactorily performing this Contract, progress payments shall be in an amount equal to ninety-five percent (95%) of the calculated value of completed Project work. If, in the opinion of the Project Lead and County, satisfactory progress is not being made on the Project, or if claims are filed under Section C.R.S. § 38-26-107, as amended, 1 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx County may retain such additional amounts as County may deem necessary to assure completion of the Project or to pay such claims and any Project Lead's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of this Contract. Progress payments shall not constitute final acceptance of the Project. 3) County shall make final payment, including release of retainage,to Contractor in accordance with this Contract and Section C.R.S. § 38-26- 107, as amended. IV. Contractor Obligations: A. Supervision and Superintendence 1) The Contractor shall supervise and direct the Project competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Project in accordance with this Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall 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 Lead except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. B. Subcontractors, Suppliers and Others 1) The Contractor shall not employ any subcontractor, supplier or other person or organization (including those acceptable to the County and the Project Lead, whether initially or as a substitute) against whom the County or the Project Lead may have reasonable objection. 2) The identity of subcontractors, suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment must be submitted to the County in advance of any work performed or materials supplied under this Contract for acceptance by the County and the Project Lead.No acceptance by the County or the Project Lead of any such subcontractor, supplier or other person or organization shall constitute a waiver of any right of the County or the Project Lead to reject defective Project work. 2 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx 3) The Contractor shall be fully responsible to the County and the Project Lead for all acts and omissions of the subcontractors, suppliers and other persons and organizations performing or furnishing any of the Project work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in this Contract shall create any Contractual relationship between the County or the Project Lead and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of the County or the Project Lead to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 4) All Project work performed for Contractor by a subcontractor will be pursuant to an appropriate contract between the Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of this Contract for the benefit of the County and the Project Lead. C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and assume all costs incident to their use in the performance of the Project or the incorporation in the Project of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the County and the Project Lead and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights or copyrights incidental to the use in the performance of the Project or resulting from the product or device not specified in this Contract, and shall defend all such claims in connection with any alleged infringement of such rights. D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain and pay for all construction permits and licenses. The County shall assist the Contractor,when necessary,in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Project. The Contractor shall pay all charges of utilities for connections to the Project, and the County shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. E. Laws and Regulations. The Contractor shall be familiar with and shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing and performance of the Project including rules, regulations, and ordinances the County promulgates at any time. Except where otherwise expressly required by applicable laws and regulations,neither the County nor the Project Lead shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. 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 3 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx excise tax may not apply to materials purchased by the County. The Contract price shall include all other federal, state, and/or local direct or indirect taxes, which do apply. The Contract price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the County (except as provided in this Contract). The Contractor shall not be reimbursed separately for any taxes, which may apply except as provided in this Contract, and the Contractor shall be responsible for all taxes,which may apply. The County is tax exempt from Federal Excise Tax and Colorado State or local sales or use taxes. The Contractor and its subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the County. G. Use of Premises. 1) The Contractor shall confine construction equipment,the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by this Contract, law,ordinances,and permits. The Contractor shall assume full responsibility for any damage to any such land or area, or to the County or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Project. Should any claim be made against the County or the Project Lead by any such owner or occupant because of the performance of the Project, Contractor shall promptly settle with such other party. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the County harmless from and against all claims, damages, losses and expenses (including, but not limited to, 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 debris resulting from the Project. At the completion of the Project, the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, temporary structures, stumps or portions of trees, and surplus materials, and shall leave the site clean and ready for occupancy by the County. The Contractor shall restore to original condition all property not designated for alteration by this Contract. 3) The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Project or adjacent property to stresses or pressures that will endanger it. H. Safety and Protection. 4 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx 1) The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: a. All employees in the Project area and other persons and organizations who may be affected thereby; b. All the Project materials and equipment to be incorporated therein, whether in storage on or off the site; and c. Other property at the site or adjacent thereto,including trees, shrubs, lawns, walks, pavements, road-ways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. 2) The Contractor shall be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including the safety of all persons who may enter on the job site for any reason and the security of all property located on the job site. This requirement shall apply at all times during the course of the Contract and not only to normal Project work hours. 3) The Contractor shall at all times conduct the Project in such manner as will incur the least practicable interference with traffic and existing utility systems. No section of any road shall be closed to the public,nor any utility system put out of service except after permission, has been granted by the Project Lead. Each item of the Project shall be prosecuted to completion without delay and in no instance will the Contractor be permitted to transfer its forces from an uncompleted Project to a new Project without prior written notification of the Contractor to the Project Lead. a. Unless this Contract specifically provides for the closing to traffic of any local road or highway while construction is in progress, such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition temporary approaches, crossings, or intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over the section of road affected by the Project to be done under this Contract, and of constructing and maintaining such approaches, crossing, intersections and any necessary features without direct compensation, except as otherwise provided. b. The Contractor shall provide, erect and maintain all necessary barricades,signs,danger signals and lights to protect the Project and the safety of the public. The Contractor's responsibility for necessary barricades, signs, and lights shall not cease until the Project has been accepted. I. Shop Drawings and Samples. 5 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx 1) After checking and verifying all field measurements and after complying with applicable procedures specified in this Contract, the Contractor shall submit to the Project Lead for review and approval in accordance with the approved schedule of shop drawing submissions, three (3)copies(unless otherwise specified)of all shop drawings,which will bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission. All submissions will be identified as the Project Lead may require. The data shown on the shop drawings will be complete with respect to quantities,dimensions, specified performance and design criteria, materials and similar data to enable the Project Lead to review the information as required. 2) The Contractor shall also submit to the Project Lead for review and approval with such promptness as to cause no delay in Project, all samples required by this Contract. All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission and will be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which intended. 3) Before submission of each shop drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto;and reviewed or coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the Project and this Contract. 4) At the time of each submission,the Contractor shall give the Project Lead specific 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. 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 Bond. A. Contractor shall furnish a performance and payment bond in the amount of one half of the total Contract value for all Contracts over fifty thousand dollars($50,000.00), as required by C.R.S. § 38-26-105, et seq. all Bonds shall be in the form acceptable to the County. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 6 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of paragraph A of this Section, Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which must be acceptable to the County. VI. Indemnity. A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project,hereinafter referred to as indemnitee,from all suits and claims, including attorney's fees and cost of litigation,actions, loss, damage,expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this Contract of indemnity applies. In consideration of the award of this Contract,the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend,pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents,representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The policies shall include, or be endorsed to include, the following provision: On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. 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 7 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3)years after completion of the project. A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form"basis. 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 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 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 8 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx • Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". 3) Auto Liability: Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this Contract. Minimum Limits: Statutory Coverage Bodily/Property Damage(Each Accident) $ 1,000,000 4) Contractors Pollution Liability: The County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the Contractor described in the Contractor's scope of services. Policy shall cover the Contractor's completed operations. Contractors Pollution Liability coverage (including Completed Operations)must be kept in effect for up to three (3)years after completion of the project. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3)years beginning from the time that work under this Contract is completed. a. The policy shall be endorsed to include the following as Additional Insureds: "Pitkin County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by,or on behalf of the Contractor,including completed operations". 9 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 5) Professional Liability: The Contractor shall maintain Professional Liability covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract. Contractors Professional Liability (Errors and Omissions)policy must be kept in effect during the project and for up to three (3) years after completion of the project. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three (3)years after project is complete. b. Policy is to be on a primary basis; if other professional coverage is carried. Per Loss $ 1,000,000 Aggregate $ 2,000,000 6) Builders Risk Insurance or Installation Floater— Completed Value Basis Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk Insurance in the amount of the initial Contract Sum,plus value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. a. Policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders'Risk Insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County's has insurable interest in the property to be covered, whichever is later. c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub-tier contractors in the Project. 10 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false-work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake,and if applicable,all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation,backfilling, filling, and grading. e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. f. Equipment Breakdown Coverage (a.k.a. Boiler& Machinery) shall be included as required by the Contract Documents or by law,which shall specifically cover insured equipment during installation and testing(including cold and hot testing). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor except for losses that involve all Acts of God such as flood, earthquake, windstorm, tsunami, volcano, etc. 7) Special Coverages (check as appropriate and insert amount): a. © Performance Bond $ 0.00 i. 0 Labor and Material $ ii. 0 Payment Bond $ b. 0 Professional Errors and Omissions c. ❑ Aircraft Liability d. 0 Owner's Protective e. 0 Boiler and Machinery f. 0 Loss of Use Insurance g. ❑ Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1) Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty(30)days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to Pitkin County Procurement 530 E Main Street, Suite 11 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx #304, Aspen, CO 81611. 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 procurement(a�pitkincounty.com, at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4) The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. VIII. Exemptions and Preferences. A. All purchases of construction or building or any other materials for any contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the Project to the extent of not less than eighty percent(80%) of each type or class of labor employed on such project; except for highway construction,which is subject to C.R.S. §43-2-208,which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the Project is performed. IX. Protection and Restoration of Property and Landscape; Hazardous Materials. A. Protection and Restoration of Property and Landscape. 12 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx 1) The Contractor shall be responsible for the preservation of all public and private property and shall carefully protect from disturbance or damage all land and property, as well as any monuments and property marks until the Project Lead has witnessed or otherwise referenced their location and shall not remove them until directed. 2) The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the Project, resulting from any act, omission, neglect, or misconduct in its manner or method of executing the Project, or at any time due to defective Project work or materials, and said responsibility shall not 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 1) 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 time materials or equipment is brought onto the Project site that such materials or equipment do not contain Hazardous Materials. X. County Work at the Project Site. A. The County may perform other work related to the Project at the site by the County's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain terms similar to these. The Contractor shall perform and coordinate its activities with other contractors to avoid conflict and minimize disruptions. B. The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the County if the County is performing the additional work with the County's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment 13 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx 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. XI. Changes in the Project and Use of Change Orders. A. The County may, from time to time,request changes in the scope of services of the Contractor to be performed hereunder. 1) The Project Lead shall issue a notice informing the Contractor of a planned change in the Project and requesting the Contractor's detailed price proposal and adjusted schedule of work. The Contractor shall submit a priced proposal for performing the proposed change in the Project within five (5) days of notice or such other time acceptable to both parties. When the Contractor and the County reach agreement on the adjustments to the Contract price and/or Contract time, and changes in the Project, such adjustments shall be promptly recorded in an executed Change Order. B. All Contractor initiated change requests shall be submitted to the County and the Project Lead in a letter or written notice with the reference notation "Contractor Change Request". If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the Project Lead or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Project; or, (v)becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Project Lead prompt written notice of such matters. 1) 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 14 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor change request and,provide an estimate of the adjustment in the Contract Price and/or Contract Time, which it believes is appropriate. 2) Contractor Time Requirements a. With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions in this Contract, a Contractor change request shall be submitted before the Contractor acts on them, but in no event more than ten (10) consecutive calendar days after they were received or discovered. b. With respect to any differing site conditions, a Contractor change request shall be submitted before the conditions are disturbed,but in no event more than ten (10) consecutive calendar days after the conditions are first discovered. c. With respect to delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the delay,but in no event more than ten(10) consecutive calendar days therefrom. d. With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than ten (10) consecutive calendar days after the Contractor becomes aware of such circumstance or matter. 3) Submittal Requirements and Waiver of Claims a. If the Contractor does not submit a Contractor change request within the time required above,any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, will not be considered by the County as a change to the Project and the Contractor waives any claim for an adjustment on the Contract Price or the Contract Time. b. The Contractor shall, at the time a Contractor change request is submitted provide the Project Lead with a complete and itemized proposal of Contract price and time adjustments. The proposal shall also contain a detailed explanation, citing all applicable provisions in this Contract, which supports the Contractor change request. If the Contractor does not submit its itemized proposal within the time described above or within such extension, which the Project Lead, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract price or Contract time arising out of the act or event described in the Contract change request. 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 15 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx Contract time arising out of the act or event described in the Contractor change request is waived unless the Contractor timely complied with the provisions of paragraphs 2(a-d) of this Section. XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Project Work A. Warranty. 1) The Contractor warrants and guarantees to the County that 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 be in conformance with the those technical specifications provided in Section II (Scope of Work) of this Contract and Contractor's Proposal. Except where longer periods of warranty are indicated for certain items, Contractor warrants Project work, whether furnished, installed, provided, performed or supplied by Contractor, a subcontractor or supplier,to be free from faulty materials and workmanship and that each piece of equipment or any part thereof incorporated into the Project or any subsystem shall conform to the aforementioned warranty and guarantee provisions and be free from failure for a period of not less than Enter Length of Time (Open to Negotiations) from date of Final Payment. Landscaping replacement shall be warranted for two (2) growing seasons. 2) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Project work performed and materials furnished under the Contract,the Contractor shall: a. Obtain all warranties that would be given in normal commercial practice. To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty exceeds the minimum County requirements as set forth in this Section or elsewhere in this Contract, the subcontractor's, manufacturer's, or supplier's standard warranty shall apply. b. Require all warranties to be executed,in writing, for the benefit of the County, if directed by the Project Lead; or c. Enforce all warranties for the benefit of the County, if directed by the Project Lead. 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 16 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx 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. 1) The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and approval tests for the work performed by the Contractor or its subcontractor. 2) If any laws, ordinances,rules,regulations, code or order of any public body having jurisdiction requires any Project work (or part thereof) to specifically be inspected,tested or approved,the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Project Lead the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or re-testing required in connection with the County's or the Project Lead's acceptance of a supplier of materials or equipment proposed to be incorporated in the Project, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Project.The cost of all inspections,testing,re-testing and approvals in addition to the above which are required by this Contract shall be paid by the Contractor (unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place,and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter. 3) All inspections, tests or approvals other than those required by laws, ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be performed by organizations acceptable to the Project 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 Contractor's expense. 5) Neither observations by the Project Lead nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Project in accordance with this Contract. D. Correction or Removal of Defective Work. If required by the Project Lead or the County,the Contractor shall promptly, as directed, either correct all defective Project work, whether or not fabricated, installed or completed, or, if the Project work has been rejected by the Project Lead or the County,remove it from the site and replace it with non-defective Project work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. E. Correction Period. If within two(2)years after the date of Final Payment or such longer period of time as may be prescribed by laws or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Project work is found to be defective, the Contractor shall promptly without cost to County and in accordance with County's written 17 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx instructions, either correct such defective Project work, or, if it has been rejected by County,remove it from the site and replace it with non-defective Project work. If the Contractor does not promptly (within seven (7) days from receipt) comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the defective Project work corrected or the rejected Project work removed and replaced,and all direct,indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Project work, other property, or person,which occurred as a result of the defective Project work. F. County May Correct Defective Work. If the Contractor fails within ten (10) consecutive calendar days after written notice of the Project Lead or the County to proceed to correct and to correct defective Project work or to remove and replace rejected Project work as required by the Project Lead or the County in accordance with paragraph D of this Section,or if the Contractor fails to perform the Project work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents,the County may, after seven(7)days' written notice to the Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to the extent necessary to complete corrective and remedial action. The County may exclude the Contractor from all or part of the site,take possession of all or part of the Project, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Project all materials and equipment stored at the site or for which the County has paid the Contractor but which are stored elsewhere. The Contractor shall allow the County, the County's representatives, agents and employees such access to the site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the County incorporating the necessary revisions in the Contract price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Project work. The Contractor shall not 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 Ent IISstanna1 uompletion va . Liquidated damages of spell or mAtiMilm-of dollars dollars and •- - - -- - - - -- - cents ($0.00) 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 18 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx Contractor agrees that said Project shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed,by and between the Contractor and the County,that the time(s) for completion of the Project described herein are reasonable time(s) for the completion of the Project, taking into consideration the average climatic conditions prevailing in the locality 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 construction of the Project. E. Excusable Delays -Force Majeure. If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision,except the County, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires,hurricanes, storms, floods,washouts, droughts, arrests,restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by 19 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. F. Cumulative Remedy. The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity,by statute, or under Contract. XIV. Termination of Contract A. The County may terminate this Contract upon the occurrence of any one or more of the following events: 1) If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code(Title II,United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 2) If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 3) If the Contractor makes a general assignment for the benefit of creditors; 4) If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5) If the Contractor persistently fails to perform the Project in accordance with this Contract including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the work schedule established in this Contract; 6) If the Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction. B. Termination Prior to Expiration of Contract Term. The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (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 prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. XV. Independent Contract Status. 20 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx A. The parties to this Contract intend that the relationship between them contemplated by the Contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this Contract. Contractor may choose to work for other individuals or entities during the term of this Contract, provided that the basic services and deliverable products required under this Contract are submitted in the manner and on the schedule defined under this Contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this Contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this Contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state,FICA and other income taxes. F. The Contractor shall be required to complete and submit to the County, a Form W-9 Taxpayer Identification Number Request. XVI. Computation of Time. A. When any period of time is referred to in this Contract by days,it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation. B. All times stated in this Contract are of the essence. XVII. Records and Cost Pricing Data. A. The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications,Addenda,Written Amendments, Change Orders,Project Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated and updated weekly to show all changes made during construction. These record documents together with all approved samples will be available to the Project Lead for reference. Upon completion of the Project, these record documents and samples will be delivered to the Project Lead for the County. B. The Contractor shall maintain all data and records pertinent to the Project performed under this Contract,in accordance with generally accepted accounting principles,and shall preserve and make available all data and records until the expiration of three(3) years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of this Contract. The County shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any subcontractor utilized in the performance of this Contract permit the authorized representatives of the County to 21 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx 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 written or oral. This Contract may be amended only by written Contract signed by both the County and the Contractor. D. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. E. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract, the substantially prevailing party shall be entitled to its costs and reasonable 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, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. G. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. H. Notice. Any notice required or permitted under this Contract 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 22 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx mail,postage pre-paid to the mailing addresses set forth below.Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall 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: Project Lead Name Pitkin County Attorney's Office Street Address 530 E. Main St., Suite #301 City, ST ZIP Aspen, Colorado 81611 Email: first.last@pitkincounty.com Email: Attorney@pitkincounty.com To Contractor: Contractor Legal Entity Contractor Street Address (Include Suite/Unit) City, ST ZIP Phone: ( ) - Email: first.last@emailserver.com I. Waiver. No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver of any other right, term or condition,nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. XIX. Contractor's Representations. A. In order to induce County to enter into this Contract, Contractor makes the following representations: 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. 2) Contractor has carefully studied the site and has performed all necessary investigations, tests, and subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. 3) Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price,within the Contract time, and in accordance with the other terms and conditions of this Contract; and no additional examinations, investigations, tests,reports, or similar data are or will be required by Contractor for such purposes. 23 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx 4) Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of this Contract. 5) Contractor has given Project Lead written notice of all conflicts, errors, or discrepancies that it has discovered in this Contract, and the written resolution thereof by Project Lead is acceptable to Contractor. 6) By executing this Contract, the Contractor represents that it has visited the site, familiarized itself with the local conditions under which the Project work is to be performed(including weather conditions which can be expected), and correlated its observations with the requirements of this Contract. 7) The undersigned representative of Contractor represents that it is an authorized representative of Contractor for the purposes of executing this Contract and that it has full and complete authority to enter into this Contract on behalf of Contractor. XX. Counterparts. This Contract 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. §§ 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 24 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx Employment. If Contractor participates in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written,notarized affirmation,affirming that Contractor has examined the legal work status of such employee,and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. PUBLIC CONTRACTS WITH NATURAL PERSONS.§§24-76.5-101,et seq.,C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of§§24-76.5-101 et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. 25 Contract#239.19 Rev.2018-10-10 btf Budget Line Item#xxx.xx.00000.xxxxx IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein above. CONTRACTOR LEGAL ENTITY Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: Date SECTION APPROVAL: Date MANAGER APPROVAL: Date 26 4(9i1'KIN COUNT - RFP # 239.19 ADDENDUM # 1 Date: October 8, 2019 TO: All Proposers for the 2020 Open Space and Trails Fencing Projects. This letter is to clarify the Request for Proposals for the 2020 Open Space and Trails Fencing Projects recently submitted to your company for review. The following clarifications or changes are required. 1. Question: I would like to clarify that you do in fact want an H-Brace on the fence every two hundred feet (200')? • Response: That is correct. Spacing between tensioned H-Braces shall be every 200' or less depending on terrain, corners, or direction changes. 2. Question: Please specify according to the legend maps which side of the fence you would like the wire. • Response: Rio Grande Trail Fence: we'd like the wire on the pasture side of the fence, not on the trail side. Thompson Creek Fence: we'd like the wire on the pasture side of the fence, not on the river side Filoha Fence: we'd like the wire on the Filoha side (North and East), not on the private landowner's side 3. Question: Do you have a staging area? • Response: We will provide staging areas for each site,but we will ask that the staging area be as minimally impacted as possible. 4. Question: As discussed in pre-bid meeting, will we be able to bill after each location is completed? • Response: Yes 5. Question: There were requests for bids for one of the locations in Nov of 2017. 327.2018-2017 Rio Grand Trail Cerise Fence. Can we get the bid tab for this bid request to use as a reference for these projects? • Response: Attached 6. Question: Is the fencing per CPW standards? • Response: Yes 7. Question: Is a four wire fence an option? • Response: At this point no, but we can make that revision if need be once we've entered into the contract 8. Question: On the Thompson Creek property the gates seem to be intended as water gaps for river access. Could we install two wire gates at each end of the line for access in lieu of the permanent gates? • Response: Permanent gates are preferred 9. Question: Will the county provide a dumpster at each location? • Response: No, ordering/delivering/coordinating on site dumpsters is the responsibility of the contractor, as well as hauling off and the proper disposal of all removed old fence materials. 10. Question: What is to be used to fill in the holes from the old fence posts? • Response: Excess dirt from the area. No compaction is required. 11. Question: What is the reference point for the height of the fence? Trail surface? • Response: Height is in reference to the livestock side of the fence, not the trail. 12. Question: What is the official distance to hold from the path? • Response: Baseline for the fence is the existing fence, small adjustments are acceptable where necessary. 13. Question: Any known utilities within fence area? • Response: The section of fence on the Rio Grande Trail and gas and fiber lines near the trail. 14. Question: Will the county provide signage to alert trail users of construction? • Response: Yes 15. Question: Are all existing gates to remain? • Response: Yes 16. Question: Is the existing split rail fence on the Rio Grande Trail to remain? • Response: Yes 17. Question: Will the existing fence on the Thompson Creek property be removed within the scope of this project? • Response: No 18. Question: Is the fence on the Thompson Creek property going to be on the river side or field side of the large cottonwood grove? • Response: River 19. Question: Is this project tax exempt? • Response: Yes 20. Question: Can this project be split into 3 "bids" one bid tab for each area? • Response: Yes, however the project will be awarded to one vendor. Please fill out three bid tabs, labelling each one. New bid tabs will not be issued. Thank you for reviewing this Request for Proposals and considering submitting a proposal. If you have any further questions regarding this addendum, please contact Procurement@PitkinCounty.com RFP#: 327.2017 Project Title: Cerise Fence Installation Bid Date: 11/14/2017 Awarded Vendor: Top Notch Fencing Line Item (Price Per) Timberline Excavation Top Notch Fence Time/ Labor N/A- Inc in LF Costs N/A- Inc in LF Costs LF of 5 Strand Fence $ 3.98 $ 2.00 Wooden H-Post (tensioned) $ 444.00 $ 120.00 Corner or Direction Change $ 641.79 $ 150.00 Wooden H-Frame, Braces, and Hinge Post set in Concrete $ 1,150.40 $ 130.00 Material Costs Only LF of Smooth Wire $ 0.07 $ 0.20 LF of Woven Wire $ 0.09 $ 0.20 T-Post $ 7.19 $ 5.50 Wire Stay $ 1.26 $ 0.80 Wooden Post for H-Frame $ 25.58 $ 18.00 Wooden Post for H-Frame Brace $ 25.58 $ 18.00 16'x52" 6 Rail 18 Gauge Gate $ 380.00 $ 250.00 Wooden H-Frame, Braces, and Hinge Post set in Concrete $ 192.00 $ 130.00 RFP 239.19 Rev.2017.12.27 btf Budget Line Item#: 11836360.531500 t • PROPOSAL FORM Proposal Time: 2:00 PM MT Proposal Date: October 18,2019 J From: (\A t �`,�� L L�, c(b Ac {- k L E ati PUriy C( ) Phone l 4��Ll(F 5 3 5-7 E-mail Address: C C e �c'��.r Jl (1 U latoidoecAla i I, c a To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Procurement 530 E Main Street, Suite#304 Aspen, CO 81611 For: RFP 239.19: Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer having examined this Request for Proposals (RFP), including the site of the p-oposed Service and being familiar with conditions surrounding the Service of the proposed Service, including the availability of materials and labor hereby proposed to fur nish all labor,materials, supplies, applicable permits,services and supervision required to perform the Service as detailed in this RFP for the sum of: The Fee Schedule for this project and any similar work not included in the Scope of Work is included. Statement and Detailed Approach to Service: (( 06C Uvricily4t Qualifications of Proposer: Please insert names address, phone numbers and description of similar Service for Reference Checks. t p( sea a-) 9 RFP 239.19 Rev. 2017.12.27 btf Budget Line Item#: 11836360.531500 1. e ea5a 52 6 h; P). ( GC iftrxiVA ) 2. 3. It is further understood that the right is reserved by the County to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period of ten(10) days from specified time for receiving proposals. The Proposer acknowledges receipt of Addenda Nos. I . The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures) Dated this (g day of CC.,- r , 201,S'- (Corporate seal) PROP° reAt SIGNATURES: If the proposal is being submitted by a Corporation, the Proposer should be signed by an officer,i.e.President or vice-president.The signature of the officer signing shall be attested to by the secretary and properly sealed. If the proposal is being submitted by an individual or a partnership,the proposal shall so indicate and be properly signed. 10 S &J Companies, LLC dba Ace Fencing PO Box 400 Hartsel, CO 80449 719-246-3357 719-966-2445 Sandy Jones, Hunter Douglas 1. Approach- We would start with the Thompson Creek. The optimal goal to complete prior to the start of irrigation with an estimated completion time of 7 days. We would then move to Rio Grande Trail/Grange Property Fence. Rio Grande Trail will take the longest to complete consisting of two phases. Removal of the existing fence and grubbing in phase one. And installing the new fence in phase two. Removal and grubbing time frame is estimated at 20 days. Then completing the entirety of the project with Filoha Open Space estimated at 7 days to complete. Compensation in check form or wire transfer, we do not accept credit cards. 2. Qualifications S &J Companies, LLC dba Ace Fencing. Doing quality fencing for 20 years. Started in Idaho and moved to Colorado in 2015. Sandy Jones is the Managing Member with upwards of 10 personnel available for various locations. We take great pride in our fences,for us fencing is not a job, it's a privilege. There are no cutting corners, and we mean that literally.. unless its with a corner brace. Being based in the Rocky Mountains we make it our specialty to build fences in the rockiest of places and keeping them the straightest of fences. We do not deviate from a fence line, or go around rocks moving the fence line 6 inches here or there. We drill through everything. Our H-braces the most appealing, our wire stretching is the tightest and the prettiest. We take great care for the land that we are working on for soil and vegetation conservation. 3. Similar types of projects El Paso County Parks and Rec. 6380 ft 4 strand wildlife friendly fence—High visible top wire, high tinsel bottom wire with 2 strands of 4 point barbwire in between. Fountain, CO 2019 Ross Williams 719-520-6984 currently working with them for an additional 8300 feet of the same fence to be completed in the next 20 days. CDOT- Installation of 1600 ft of 6' Chain Link with 12" barb arms- Brush, CO 2019 $44,600 CDOT- Installation of 2200 ft of 6' Chain Link with 12" barb arms with 24' Cantilever gate 2019 Dawn Walker I C 970-768-0675 $25,900 City of Central—Cemetery fence 5280 ft of Buck and Pole Fencing 2017, Sam Hoover, $43,000 US Forest Service via Canyon Enterprises-2400 ft 4 strand smooth wire fence with H- braces and T-post with 12' spacing for. 2016 Chuck Hallman $20,000 (719) 687-3506. Lazy JF Quarter Circle Ranch-8200 ft 6 strand barbwire with H-braces and insulators. 2018 Jarrod Frans 719-539-5402 $32,800 Karen Gafney-aprox 4 strand horse fence with 6" wooden posts$24000 Woodland Park, CO 808-284-0065 4. References—please include the project managers for the above projects as references along with the following Bud's Automotive—Buddy 1-303-257-3895 3-E Cattle Company-Owen Springer 719-966-2448 Springer Works- Preston Springer 719-371-6046 John Gafney—719-687-6455 More upon request 5. We do not anticipate any subcontractors. 6. Fee for any additional work need to be completed per linear footage for each individual bid tab project. 2020 OST Fencing Projects RFP 239.19 Date: October 18,2019 Bid Item Unit Unit Price Quantity Extension Administrative Labor HR n/a Field Labor HR n/a 5-Strand Fence LF 8.12 9800 $79,567.00 Tensioned Wooden H-Post EA 150 50 $7500.00 Corner or Direction Change System EA 210 5 $1050 Existing Gate Integration System EA n/a Material Backup— Smooth Wire LF .20 Woven Barbed Wire LF .20 T-Post EA 5.50 Wire Stay EA .50 Wooden Post for H-Frame EA 25.00 Wooden Brace for H-Frame EA 12.00 16'x52" 6 Rail 18Gauge Metal Gate EA 175.00 Total Bid: $88,126.00 This bid is for Rio Grande Trail/Grange Property 2020 OST Fencing Projects RFP 239.19 Date: October 18,2019 Bid Item Unit Unit Price Quantity Extension Administrative Labor HR n/a Field Labor HR n/a 5-Strand Fence LF 3.26 1000 $3260 Tensioned Wooden H-Post EA 150 4 $600 Corner or Direction Change System EA 210 3 $630 Existing Gate Integration System EA n/a Material Backup— Smooth Wire LF .20 Woven Barbed Wire LF .20 T-Post EA 5.50 Wire Stay EA .50 Wooden Post for H-Frame EA 25.00 Wooden Brace for H-Frame EA 12.00 16'x52" 6 Rail 18Gauge Metal Gate EA 175.00 Total Bid: $4490.00 This bid is for Filoha Open Spacey Fence 2020 OST Fencing Projects RFP 239.19 Date: October 18,2019 Bid Item Unit Unit Price Quantity Extension Administrative Labor HR n/a Field Labor HR n/a 5-Strand Fence LF 3.26 2750 $8965 Tensioned Wooden H-Post EA 150 20 $3000 Corner or Direction Change System EA 210 7 $1470 Existing Gate Integration System EA 300 3 $900 Material Backup— Smooth Wire LF .20 Woven Barbed Wire LF .20 T-Post EA 5.50 Wire Stay EA .50 Wooden Post for H-Frame EA 25.00 Wooden Brace for H-Frame EA 12.00 16'x52" 6 Rail 18Gauge Metal Gate EA 175.00 Total Bid: $14335.00 This bid is for Thompson Creek OS Docu�i , - SECURED Certificate Of Completion Envelope Id: D6B3BC93D3E24F05A4046E4C76A9E1BC Status:Completed Subject:Ace Fencing R1 I Pitkin County Contract 239.19 for Review and Signature Source Envelope: Document Pages:86 Signatures:5 Envelope Originator: Certificate Pages:6 Initials:0 Pitkin County Procurement AutoNav: Enabled 530 East Main Street Envelopeld Stamping: Disabled Suite 203 Time Zone: (UTC-07:00)Mountain Time(US&Canada) Aspen,CO 81611 Procurement@PitkinCounty.com IP Address:24.9.118.68 Record Tracking Status:Original Holder:Pitkin County Procurement Location: DocuSign 4/23/2020 9:05:44 AM Procurement@PitkinCounty.com Signer Events Signature Timestamp Ted O'Brien Sent:4/23/2020 9:07:56 AM ted.obrien@pitkincounty.com Viewed:4/23/2020 9:14:18 AM Resource and Trails Manager Signed:4/23/2020 9:17:46 AM Security Level: Email,Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address:69.144.116.87 Electronic Record and Signature Disclosure: Accepted:4/23/2020 9:14:18 AM ID:7de6b783-f0fd-42cb-9bde-5483be74deb3 Company Name:Pitkin County,Colorado Jarrod Frans Sent:4/23/2020 9:17:50 AM acefencingcolorado@gmail.com ,)awo L rradn,S Viewed:4/30/2020 11:51:23 AM Owner-Managing Member Ace Fencing Signed:5/6/2020 2:03:17 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 184.167.243.119 Electronic Record and Signature Disclosure: Accepted:4/30/2020 11:51:23 AM ID:8ed78a4e-2f8a-4279-90c3-1e997ffcd1a9 Company Name:Pitkin County,Colorado Phylis Mattice Sent:5/6/2020 2:03:23 PM Phylis.Mattice@PitkinCounty.com P(u1(tSGL Viewed:5/6/2020 3:02:40 PM Assistant County Manager Signed:5/6/2020 3:03:05 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.209.9.48 Signed using mobile Electronic Record and Signature Disclosure: Accepted:5/6/2020 3:02:40 PM ID:673a57a8-31b0-43c5-a12a-5cd5e88326ff Company Name:Pitkin County,Colorado Signer Events Signature Timestamp Richard Neiley Sent:5/6/2020 3:03:10 PM richard.neiley@pitkincounty.com "\ A" ° fiT Viewed:5/6/2020 3:08:18 PM Asst.County Attorney Signed:5/6/2020 3:08:44 PM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 174.209.2.64 Signed using mobile Electronic Record and Signature Disclosure: Accepted:5/6/2020 3:08:18 PM ID:30681 a6f-778e-4798-8da5-fa888d499067 Company Name:Pitkin County,Colorado Jon Peacock Sent:5/6/2020 3:08:49 PM Jon.Peacock@PitkinCounty.com Viewed:5/9/2020 7:14:42 AM County Manager Signed:5/9/2020 7:15:10 AM Pitkin County Signature Adoption: Drawn on Device Security Level: Email,Account Authentication (None) Using IP Address:75.71.107.170 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement COPIED Sent:5/9/2020 7:15:14 AM procurement@pitkincounty.com Procurement Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable COPIED Sent:5/9/2020 7:15:16 AM AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/9/2020 7:15:16 AM Certified Delivered Security Checked 5/9/2020 7:15:16 AM Signing Complete Security Checked 5/9/2020 7:15:16 AM Envelope Summary Events Status Timestamps Completed Security Checked 5/9/2020 7:15:16 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:3/20/2020 3:28:13 PM Parties agreed to:Ted O'Brien,Jarrod Frans, Phylis Mattice, Richard Neiley ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County(we, us or Pitkin County)may be required by law to provide you with certain written notices or disclosures. 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