HomeMy WebLinkAboutC05-154 Spectra Contract Flooring {?t?$'- 1:>- 'I. '17 AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES FOR CARPET TILE PURCHASE AND INSTALLATION This Agreement Regarding Provision of Professional Services For Carpet Tile Purchase and Installation dated as of }fj14 /? ,2005, is between the County of Eagle, State of Colorado, a body corporate and politic?{,y and through its Board of County Commissioners ("County"), and Spectra Contract Flooring ("Contractor"). A. Contractor has submitted to County a Proposal for performing the Services (defined in section 1) and represented that it has the expertise and personnel necessary to properly and timely perform the Services. B. Contractor and County intend by this Agreement to set forth the Scope of the responsibilities of the Contractor in connection with the Services and related terms and conditions to govern the relationship between the Contractor and County in connection with the Services. AGREEMENT Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: I. Scope of the Services: Contractor's Services consist ofthose services performed by the Contractor, Contractor's Employees and Contractor's subcontractors. The Contractor shall provide all labor, materials and equipment necessary to remove existing tiles and to perform and complete installation of carpet tiles in Sheriffs Department of the Eagle County Justice Center ("Services" and or "Work"). The "General Conditions" and "Requirements and Procedures for Contractors and Vendors working at Eagle County Facilities" are incorporated in this agreement and are attached hereto. a) Services described in Contractor's proposal are attached hereto as Exhibit "A". In the event of any conflict between this Agreement and the provisions of Exhibit "A", the terms of this Agreement shall prevail over the others. The color and style of the carpet shall be Connect EW24 , Style 59342, Atmospheric, Color 40760, b) The contractor hereby acknowledges that they are able to remove the existing carpet tiles and ShavI carpet tiles in the locations listed on the proposal attached hereto as Exhibit "A". c) The Parties hereto recognize that the scope of the Services may change. When the Contractor believes that the scope of the Services has been changed or that by reason of a decision of County it will be required to redo properly completed Services, the Contractor shall immediately advise County of such belief and shall also provide a statement of the maximum additional charges for such Services. The Contractor shall not be entitled to be paid for any such additional Services unless and until County agrees in writing that the scope of the Services has changed and accepts the statement of the maximum additional charges. 2. Contractor's Professional Level of Care: The Contractor shall be responsible for the completeness and accuracy of the Services, including all supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Contractor's Services shall not relieve the Contractor of any of its responsibilities. The Contractor and its professional consultants shall perform the Services in a ski1\ful, professional and competent manner and in accordance with the standards of care, skill and diligence applicable to carpet tile installation. 3. Time of Performance and Termination: a) The term of this Agreement is from the date the contract is executed by County to substantial completion of services rendered to be no later than July 15,2005. The parties recognize that County is a governmental entity and that all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. Services shall consist of carpet tile removal and carpet tile installation. b) County may terminate this Agreement immediately, in whole or in part, for its convenience upon providing notice to the Contractor. Such termination shall be effective upon receipt of the notice by Contractor or upon such other date as specified by County. d) Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Contractor for any Services done after August 1,2005, without the written approval of the County in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 ofTitIe 30 of the Colorado Revised Statues and the Local Government Budget Law (C.R.S 29-1-101 et seq.). 4. Compensation and Payment: In consideration of its performance of the Services, the Contractor shall be paid as follows: a) County will pay a fixed dollar amount not to exceed $21,353.63 as outlined hi the proposal dated 4/25/05 and attached hereto as "Exhibit A". b) Rates estabiished in the agreement shall remain in effect during the duration of the agreement and shall apply to all services rendered under the agreement including repair services. c) Invoices shall describe the Services performed. Upon request, Contractor shall provide County with such other supporting information as County may request. d) All invoices will be sales tax free because County is a government exempt from such taxes. e) The Contractor shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following final payment hereunder, which period shall be extended at County's reasonable request. County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time, for the purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the requirements of this Agreement and the law. G:\CPROJECT\Sheriff's Remodel\Carpet Agreement.doc - Page 2 5. Proiect Management: Tara Coelho shall be designated as Contractor's Project Manager for the Services. County's Deputy Director of Facilities Management shall be County's manager responsible for this Agreement. All correspondence between the parties hereto regarding this project shall be between and among the project managers. Either party may designate a different project manager by notice in writing. 6. Independent Contractor: It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Contractor shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. The Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the performance of this Agreement. 7. No Subcontracting; No Assignment: The Contractor understands and hereby acknowledges that County is relying primarily upon the expertise and personal abilities of Contractor. Contractor may not subcontract or delegate any part of the Services or substitute subcontractors without County's written consent, which consent County may exercise in its sole discretion. Neither Contractor nor its subcontractors may assign its interest in the Agreement or in its subcontract, including the assignment of any rights or delegation of any obligations provided therein, without the prior written consent of County, which consent County may withhold in its sole discretion; provided that County hereby consents to any assignment to a successor entity to Contractor and to an assignment to an entity affiliated (by ownership) with Contractor. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 8. Ownership of Documents: Records of Service provided under this Agreement shall be given to County at its request. 9. Insurance: At all times during the term ofthis Agreement, Contractor shall maintain the following insurance: a) Type of Insurance Coverage Limits b) Comprehensive Liability $1,000,000 minimunl c) Workers' Compensation As required by Colorado law c) All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. The Contractor shall deliver certificates of required insurance to the County within fifteen (15) calendar days of execution of this Agreement by the Board. d) Before permitting any subcontractor to perform any Services under this Agreement, Contractor shall either (1) require each of his sub-contractor to procure and maintain, during the life of his subcontracts, insurance which meets the requirements for the Contractor herein, or (2) provide for insurance of the subcontractor in Contractor's own policies in the amounts required herein above. G:ICPROJECT\Sheriff's RemodellCarpet Agreement.doc - Page 3 10. Indemnification: Within the limits allowed by law, the Contractor shall indemnify, hold and defend the County and its officials, boards, officers, principals and employees, harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the acts, omissions or representations by the Contractor in performing the services hereunder. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Contractor. II. Notices: Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, FAX or mail to the appropriate party at the following addresses: a) Contractor: Tara Coelho Spectra Contract Flooring 221 S. Cherokee Street Denver, CO 80223 Phone: 303/778-8665 Fax: 303/778-8483 b) County: Jason Hasenberg Deputy Director of Facilities Management Eagle County PO Box 850 Eagle, CO 81631 Phone: 970/328-8880 Fax: 970/328-8899 c) Notices shall be deemed given on the date of delivery if delivered by personal delivery or delivery service such as Federal Express or United Parcel Service, or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 12. Miscellaneous: a) The Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, age, political affiliation or family responsibility, The contractor sh,aIl require all coosultant.s to agree to the provisions of this subparagraph. b) The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This Agreement embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification or, deletion from or addition to the scope of the Services, except by a written document of equal formality executed by both parties hereto. c) This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5th District for the State of Colorado. G:\CPR01ECT\Sheriffs Remodel\Carpet Agreement.doc - Page 4 d) This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS @~coru, Charrman County Commissioners SPECTRA CONTRACT FLOORING By: Title: ~ STATEmORADO ) )ss ) County rvnU e/L The foregoing was acknowledged before me this ~AdaYOf .dIf! ' 2(t'6~ by expires: -4~ G:\CPROJECT\Sheriffs Remodel\Carpet Agreement.doc Page 5 GENERAL CONDITIONS 1. Contractor shall provide and pay for labor, materials, equipment, tools, utilities, permits, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption( s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner (County) will cooperate with Contractor to obtain tax exemption for this project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve him from responsibility for successfully performing the Work without additional expense to the Owner. Owner assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to Owner. 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the Owner the names of subcontractors and suppliers for each portion of the Work. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever dtl'ring the progress of ariy portion of the Work, unless such hindrance or delay is caused in whole or in part by acts or omissions within the control of Owner. In any event, Owner may grant an extension oftime for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the Owner, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given O\VTIer immediate (as determined by the circumstances, but not exceeding 72 hours) notice in writing of the cause of the detention or delay. G:\CPROJECT\Sheriffs Remodel\Carpet Agreement.doc - Page 6 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor warrants to Owner that: (1) materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work will be free from defects not inherent in the quality required or permitted; and (3) the Work will conform to the requirements of the Agreement. 10. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to Owner, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify Owner in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 11. Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. 12. Before permitting any of its subcontractors to perform any Work under this contract, Contractor shall either (a) require each of his subcontractors to procure and maintain during the life of his subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the Owner, or (b) insure the activities of his subcontractors in his own policy. 13. The performance of the Work may be terminated at any time in whole, or from time to time in part, by Owner for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice ("Notice of Termination") specifying the extent to which performance of the Work is terminated and the date upon whi.ch termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by Owner, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such n.otice and such requests in implementation thereof as Owner may make, to assure the efficient, proper closeout of the terminated Work (including the of property). Among other thil"lgs, Contractor shall, except as otherwise directed or approved by Owner: a. stop the Work on the date and to the extent specified in the Notice of Termination; b. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; c. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; G:\CPROJECnSheriff's Remodel\Carpet Agreement.doc - Page 7 d. assign to Owner, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in which case Owner shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e. with the approval of Owner, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and f. deliver to Owner, when and as directed by Owner, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to Owner, and transfer title to such property to Owner to the extent not already transferred. In the event of such termination, Contractor shall be paid for the satisfactorily completed work up to the termination date. G:\CPROJECT\Sheriff's Remodel\Carpet Agreement.doc - Page 8 Shaw Contract Flooring Services, Inc, d/b/a . . . . . . Phone: (303) 778-8665 .. . SPECTRA CONT~CT FLOORING: Denver . II Fax: (303) 778-84133 . 221 S, Cherokee Street Denver, CO 80223 SPECTRJX CONTRACT FLOORING Proposal SubJY1itted To Attention Phone Fax Date Eagle County Lizanne Lennan (970) 328-8600 (970) 328-1233 04/25/05 Job Name Job# Ea Ie Count Sheriffs Office 18195 Street Job Street ProposallD Facilities Management Office 590 Broadway 855 Chambers Avenue 24325 City, State and Zip Architect Date of Plans Add # Job City, State and Zip Customer Job # Customer PO Eagle, CO 81631 EAGLE, CO 81631 None None We hereby submit specifications and estimates for: Item Description Price Supply and install Shaw "Connect" EW24 carpet tile; color #40760 Atmosfera, including freight and $17,939,99 insurance to Denver and delivery to job site, This includes manufacturer recommended adhesives and transitions or float to existing tile. ATTIC STOCK: Recommend an additional 3% of total material needed. $268,64 Add for attached cushion to the carpet tile, $1,700.00 Supply and in stall Johnsonite 4" rubber cove base; color DC32 Pebble, $995.00 Supply and in stall Philadelphia "Succession" rubber backed carpet matting; color TBD, including $450.00 freight and insurance to Denver and delivery to jobsite. Base Bid Total: $21,353.63 Proposallnclus ions and Exclusions: 1. Exclusions: Major substrate repair, leveling, filling, grinding to accommodate height inequities between finishes, post-installation cleaning, vacuuming, polishing, protection, application of primers & sealers, moisture & alkalinity testing. 2, Clarifications: Installation includes removal of existing carpet and pad and legal disposal. Spectra to supply dumpster. Dumpster location as specified by Eagle County. It also includes furniture moving and modular furniture lifting system in order to install new carpet tile, Proposal total is based on drawing provided by Eagle County and walk thru with Lizanne Lennan on April 5, 2005. Boxes will not be provided unless requested by Eagle County. We recommend "library carts" for packing files. These to also be provided by Eagle County, Carpet tile and installation materials will be stored in a secure area on site as directed by Eagle County. 3, This proposa I excludes tax. We PROPOSE._~ perform t'Jr work complete in accordance with the specifications and as described above for the SUM of: Signature: (~t2A--t:?j ue/.,/f)./ Taia Coelho _.s21,-3.53,~~ Conditions of' Proposal: 1, ThiS proposal may be withdrawn If not accepted within 30 days of its issuance. Spectra will consider reasonable requests to engage in negotiations for revisions to this Proposal, Including signing a subcontract that incorporates the terms of this Proposal, 2, This proposal is subject to credit review and approval. Payment terms are net 30, Past due Invoices are subject to service charges of 1,5% per montl1 (18% per annum) In the case of any de1'ault, Customer shall pay Spectra's reasonable attorney fees and costs, including those on any appeal, even if no suit or acbon is filed. ~, Ail work &hali be performed in a workmanlike manner according to industry standards, Areas to receive flooring shall be free and clear of debris, Any changes to the work shall be performed only after execubon of a written change order. 4 Pnor to wrnmenoement of Spectra's work: ia) Customer shalll!!i4'!1 all concrete Sub floors receiving flooring for vapor emission levels and alkalinity per ASTM F-1869 and provide written resuits to Spectra, including a Itst of any sealers applied to the concrete sub floor; (b) If Customer does not provide such reports at least 10 days prior to commenceme'1t of Spectra's work, then Customer shall provide Spectra With access to all concrete sub floors for appropriate testing and Customer shall be responsible for the costs of such testingi and I;"y C0I101:;te sub i!t:;r~ l1:lt c:"ct!~'J n~an!Jfacturers' I~uirem~!nl, fo' 'nsl'1:iatiQn wHl require oorrf'!Clion or the execution of a separate waiver agreement 5 All work is oont:ngent upon strikes, accidents or delays beyond Spectra's control. Customer shall carry Insuranoe for all hazards, including fire. Spectra's workers are rUiiY '~GJe('J by Worker's Compensation and Liability Insurance 6, Customer reprEsents and warrants that (a) the project site contams no hazardous or other dangerous substances, either exposed or concealed; or (bj Customer has given wntlen nohce to Spectra of all such substances and their locahOn(s), To the fullest extent permitted by iaw, Customer shall mdemntfy, defend and hold Spectra harmless from any damage, olali71 , loss, expense and attorney fees reiated tc Spectra's liability, if any, Including any federal or state statute related to hazardous or other dangerous substances ACCEPTANCe OF PROPOSAL: The above prices, specifications, and conditions are satisfactory and are hereby ACCEPTED. You are authorized to do the work as specified. ~. ~ Customer: Eagle County Signed: f .__.~~ Date: &- (J~ ua/u~/~uua Bun li;iU rlU '>U'> If 0 040'> ;)peCLI'aWllLI'aCLr lOOrIng ( ~UUUUUZ Marsh USA Ine &,14/2004 12:13 PAGE 2/2 RiahtFax ~~~+'i_tS<i4~ ~,."~~~..~::,;:--:~~~- "~~'-(~';"'~t~~-::- ~'Y~"" '* .,,;'..~: l'~;'" ~ "v h}.Y #'~:J~:'_~, v. !~,:;_",' 'F",j:,:_,~ .. '~"."'''''''{'''~f~~,~~~,,..';,~;:;I~:'''''':' ",,k..-.,, <,.,; '..,~ GEltTrlOATE~ ~,,,,,,,,<<,,,,,,.t.,;{~ ."'~~+ ~_....~,?, '" 'fit";;~.....,,1;a _lot ,,~r:,'4~~~ ~ r,,~~~.'*,:..'" n-:-........"'_~~ ATL.oomaEW188-01 I'ROOlHlDl lltII Gr1fTFICAm . IUlIl!D At A IIA'l'ftlt 0# ~...,.. OI\.Y MO 00IIl'1I11. MARSH USA, INC. 110 IIDIlTS UI>OII 'IHE CM"'~1I Hc:LIlIIl cmtIR TIIM 1lIOIE I'IICMDED . 1ME AnN: BRENOA GALLOWAY I'ouat. 'lit. CElt'\lltail'hl 001. NOT ME...,. EllDlD 011 N.lIR 1Ml CGVEIUGIl 3475 PlI::;OMONT RD.. N.E. ....POlmED .. lItE I'~' 01__0 IIIltl1l11. SUITE 1200 COII~AN'" FAX NO. (404) 7tIO-S831 A 1tANTA3030S 00WI'1H<f OQ527-OENVRoCO.04'05 A ZURICH AMERICAN INSURANCE COt.1PANY , - -- - , .. ..IUIlIED OOMIJN'I SHAW CONTRACT FLOOfllNG SERVICES, INC, B AMERICAN ZURICH INSURANCE COMPANY d/b/a SPEClRA CONiRACi FlOORING ~DENVERt, OCM?IHY TIN: DA D HOOD C NlA 221 SOUTH CHEROI<EE STREET - DENVER, CO 80223 COtlPIHY D ~~~+,1'~~.r~;~t:~~~'~'~'~~}~r~s:~N<:":~wP'\~~~''=",E;;i.f~t:~~~ THIS 18 TO 0iRTIPY T1iAT 1110 It"ll!,s OF INSJRN4CE D1illCRl8l1D HI"ltI'IN HAve BeEN IM.JI!D TO THI! INS.JRI!'O NAM8.) Hel!:1N ~ THE po.rev PEftI(J) INDlCAlEO. l\IaTWlHST ANDING AN'( RE<1IREt.8\IT, 'rWR1II ('J't ~DlT1<l'1 OF N(V CONTRACT at 0'I"HPIIl I)Q(;lJMENT WllH ReIPECT TO w-flCH THE aiml"1aA'n; IIIIW ~ II!IlU:CI OR 1111(( PERTAIN, TI1E INSJR/fllCE IlFFMflII'O $V lHE I'OlJOE8 DESCRIBED HERJ!IN I~ IlJl'L.IECf TO A.L THI! TlRMa 00NDm0N~ ANJ:j l"l((l,lJI'IION8C11' 8J~ 1'OlJ00S AGGREGImi UMITS SolO\/\N M,l[Y HAW! MF.'" I'l!t1UC1:I) BY P Jjl) a.AlMS ' . -.-.- .....-... " - '"-- 00 'lY~E OF .~""ClE ~OL_ ",,*KII "OUCW' 1E"""cm\/E l'G..1CV UI'IItATIOIt UinTa lTlr DATE ".IIlDIW) DATI! "_IIlDNY) A W:IIIIIAI. UMIIJTf 03730576<00 07f01lO4 07101/05 G!NMJ\L AlImU'!aATF. $ 2,000.000 00MMIllt0N,. aeNeI'IIt. UJelLITY ~OtlUcrs - c:o.tPJOP NJiG $ 2.000.000 Q..I.lMSMIOE ~ ClX1J.'V I"IiR.!IDN1'l .!t1~, $ 1.000.000 CMNIlR'S & Cl:J'n'RAC)T~'IJPAar $ 1.000.000 JJ~-CGOOO1 $ 1.000,000 $ S.OOD A SAP 3730574-00 (AOS) 07101/04 07101105 CCIIlBlNlO SNOLm UMIT $ 3.0CXl.OOO A X IINV JlIJTO TAP 3730675-00 (TX) 07101/0. 07101/05 --- J'l.L CIlMIlfOO flJTQ8 !ICIOIl Y INJJRY $ s:.t!EI)UlI!D AUTOS (f>er ""'-) -- x HIRIO AUTOSI FIOOll V INolJIn $ X NGHJII',t.lEO AUT!>> (Ptr~ .,,- MClIIP.1tTV OIMNlE $ lMIf_~ ~V-e"ACOOeHT S "N ItJTO 0I'MeA lHAN AlJTOONl'l: 'EAC'J.lItCOOI!NT . AGGRliGRi $ S DCI!88l.1MUlY 07101104 07101/05 e~ OOaJ~ENCE $ 5.000.000 X UMMII1..lA FOUl ~11! $ 5,000,000 0Il-<ER TH-"I UMl'!RiI.lA FORM S A /Ii. :J73I)P;73.OO (AOS) 07101104 07101/05 gl'LOYIR' lMII.ITV A TI.fE PROPRlET(RJ X INC.. 3730572.00 (MA, WI) 07101104 07101/05 Il ~ICVLIMIT IIlAltTNl!llMlllF,o.rnVE! C1I'I'lCl!KlJ NIIft EXa. f!1,~er.....~ . DUIIIII''TllM ClF . ..... filM. Jab DescrIpIan: All )OM .. perfanned by the l\IIJIecUn8JrH an beh81f otf1e ....lllIlit holder. Eagle County ~aaua.. Managem.m ia adltton" inaur9d, Of ~red by Written CClI'IIraGt) on the above OIJWII 6eb1lity Ind ..torrKlblIe tillbllity poIIde8 bur anly WiIt1 l'QpId to IiIIbiIlly "'8 out of the operdQl1sofl1e nltned iMur9d . :ill.,~I!IliI.."", ~~..... ,......,_".IollI!.::1....~~~!il U.I.l!J.tA.~~~~ ."~ #~'"',."' "'" "'~ <..., . ~<++t N+ <- , ("'Ol'....~. ~:'d'''~~~~ ,. ."~~"<_4 . . 9IQU.D Am CIF TIE PWceSlIE8ClII!SD _SIN Be CANllIi.lEll B_ THi EJCl'lRATlON DAn; Tlt!IIll<7. 1HE INBUU;R AFFORDlNO _00 wou, ,,_""~ TQ _t -.all DAY$' __N NOI1Q! TO TIE Eage County ~aclitie$ Mmaglll1ent CI!II1ll'IeATI NllI,(l1!ll1OtoM!D H!REI~ BUT FIIILIIU! TO __ lUCH NCmCE lHILL _ NO CII.lG\l1Ol (R AIIn: L.Innne Len/llJ/1 P.O. Box eso UAIlI.!TYQF AN'i'~ lI'eH~ I~e" N'I'OlII_ CD\I!!MGI!!.IT$Aa!HTliOl\ "_e~NfATlWli DR 1M! Eage. CO 81831 "7- t:-- VAUD A~ OP EAGLE COUNTY Eagle County, Facilities Management Department PO Box 850 - 590 Broadway Eagle, Colorado 81631 ph.(970) 328-8880 fax (970) 328-8889 Requirements and Procedures for Contractors and Vendors working at Eagle County Facilities Revision I, October 28, 2002; Revision 2, April 15, 2003; Revision 3, May 14,2003, Revision August 28, 2004 The following requirements apply to all county-owned and leased facilities. Project Description: Installation of Carpet Tiles in the Eagle County's Sheriff's Office Project Location: Eagle County Justice Center Contractor / vendor name: . Spectra Contract Flooring Date: S/;6/'o5 , / Delivered to and signed with contractor / vendor by: Lizanne Lennan Date: May 10,2005 I. Customer Service: It is our job to maintain a customer service ethic, which means treating people with courtesy and communicating effectively. This means communicating with the building users ahead of time to get permission to work and to let building users know what is planned, how it will affect each of them, what the interruptions will be and how long the work will take. This policy applies to contractors and vendors working in ail county facilities and sites. 2. Requirements and Procedures for Coordinating with Building Users: Work in buildings: For proiects which involve workin!!: at the Ea!!:le County BuiIdin!! campus which houses the commissio,e1'S. elected officials and county administration arran!!:ements must be made. in advance. for all work. There is to be no work of any kind. other than minor routine maintenance functions. durin!! re!!:ular business hours from 7am to 5:30pm Mondav throu!!h Fridav. Anv proposed work on the Ea!!le County campus durin!!: those hours must be approved in writin!! bv the county administrator. G:\MAINT\procedures for contractors vendors,DOC 1 Work on other sites or after-hours which will create noise, dust or odors must be arranged and approved in advance by the Director of Facilities Management and the effected department head. Check with the department director of the effected area, beforehand, to get permission to work in the area. For the county commissioners and administration office the restrictions above include: entering to inspect or coordinate the work to be done, moving furniture, delivering or removing materials used in the work and making post- completion punch-list inspections. All activities must be conducted after-hours. 3. Insurance and Bonds: A. All contractors and vendors must meet the minimum statutory insurance requirements before entering to work on any county site. A valid commercial general liability insurance certificate must be received in the Facilities Management office, and approved, before any mobilization or work commences on a county site. Contractors and vendors under contract with the county should refer to the contract for applicable insurance and bonding requirements. Contract insurance and bonding requirements may differ from those indicated in this document. B. The minimum statutory insurance requirements are as follows: commercial general liability coverage shall be carried in the minimum amount of $150,000 per injury and $600,000 per occurrence for claims or damages arising from activities conducted, including but not limited to personal injury, death, property damage and other damages imposed by law. Contractors must carry worker's compensation insurance as required by law. 4. Compliance with Federal, State and Local Laws: A. It is the responsibility of all contractors and vendors to be in compliance with all applicable Federal, State and local laws while performing work on behalf of the county on county sites. B. Contractors and vendors must be aware of and be in compliance with the Occupation and Safety Act (OSHA). All work procedures and any use of equipment on county sites must meet OSHA requirements and equipment must be handled and operated in compliance with OSHA. C. Contractors and vendors must be aware of Federal, State and local laws applicable to the procurement, use and handling of hazardous substances. Contractors and vendors must receive written approval from the Director of Facilities Management to bring a substance with a hazardous materials classification greater than one (l) for health, fire or reactivity hazard and/or any specific hazard designation onto a county site. D. use of oil-based paints, lacquer finishes or thinners is prohibited inside or adjacent to County buildings. E. Contractors and vendors must have applicable MSDS documentation at hand, at all times, and be in compliance with the labeled requirements. 5. Personnel: A. Contractors and vendors are required to ensure that all personnel are qualified employees meeting all Federal, State and local laws related to employment, and may be required to show verification upon request. B. Contractors and vendors act as an independent contractor on all projects, unless the contract specifies otherwise, and are obligated to pay federal and state income tax on moneys earned. The personnel G:\MAINT\procedures for contractors vendors. DOC 2 employed by contractors and vendors are not and shall not become employees, agents or servants of the County because of the performance of any contracted work. C. Eagle County is a drug-free workplace. The possession or use of alcohol and drugs is prohibited while on county sites. All personnel must arrive for work at Eagle County sites completely sober and drug-free. Any personnel violating this provision must be immediately removed from the site. 6. Coordination, use of facilities and equipment: A. After hours work: Contractors and vendors must arrange, in advance, for any work to be performed outside of the regular building operating hours of 7:00am to 5:30pm Monday through Friday. Arrangements must be made with the Facilities Management office by calling 328-8880. One key and one access card may be checked out. The contractor or vendor must sign for the key and/or card. There is a $500 charge for lost keys or cards. Final payment will not be made until keys and/or cards are returned. Each time a contractor or vendor is working after hours, contact must be made with the Facilities Management project personnel, ahead of time, to coordinate issues which may arise as a result of the planned work. Certain facilities have security systems and restricted access and hours of access, so it is imperative that access be arranged in advance. Only certain building entries may be used after-hours. 1. Eagle County Building Site- The main east entrance of the Eagle County building is the only access point for the building after-hours. Enter and exit only through the east doors of the main building, all other doors are alarmed. 2. Do not prop open any doors. Contractors and vendors may not prop doors open to allow extension cords to be run through doors. Extension cords must be connected to exterior outlets to power any equipment used outdoors. 3. Contractors and vendors must arrange to meet their personnel at entrances to accompany them to work sites and avoid propping open entry doors. 4. Contractor and vendor personnel must remain only in designated work areas and must not go into other areas of the building. B. Facilities Management contact: During regular business hours contractors and vendors should cali 328-8880 or come by the office at 590 Broadway in Eagle, next to the main county building. After hours contact can be made by calling the pager at 748-2223 or the cell phone at 471-6228. and must make sure they have a specific plan for building access, a contact person and direct phone number for that person prior to commencing any after~hours work. C. Work which creates noise, vibration, dust, requires use of a volatile organic compound (VOC) containing material or other hazardous substance or any physical disturbance of staff, such as furniture moving must be coordinated with the Facilities Management Department prior to commencing work. D. Smoking is not allowed in county facilities. Smoking is allowed outside buildings a minimum of fifteen feet from the building. Certain county buildings have specific smoking areas assigned. E. Parking: Vehicles may not be parked on grass areas. Contractors and vendors may use the paved county parking areas. Contractors and vendors requiring special access must make specific arrangements through the Facilities Management Department prior to commencing work. G:\MAINT\procedures for contractors vendors.DOC 3 F. Storage areas: Areas for storage of materials, tools or for work fabrication assembly must be arranged in advance. G, Contractors and vendors must notify the Facilities Management Department, in advance, before any painting work is commenced. H. Contractors and vendors must provide their own equipment and tools for use at county facilities and ensure that equipment and tools are appropriate for the job, properly maintained and used in accordance with state and federal laws. The county will not provide county-owned equipment or tools to contractors and vendors. In the event that the county has leased equipment and/or tools for its use, a contractor or vendor will only be allowed to use such equipment and/or tools upon executing a waiver form holding the county harmless for the contractor's and/or vendor's use of leased equipment or tools. 7. Clean Up: A. Contractors and vendors are responsible for clean up of immediate work areas. Disturbed areas must be returned to their original condition at the completion of the work. Contractors and vendors must either designate an area to be separated, and remain as work area for the duration of the project, or provide for immediate work areas open to employees and the public to be cleaned every 24 hours prior to the commencement of the next day's business hours and on weekends no later than Sunday night prior to the commencement of business on Monday morning. Areas to be designated as work areas must be separated from occupied business areas with partitions or plastic sheeting which will stop the transmission of sound, dust and other disturbances. B. Trash: Contractors and vendors are responsible for trash generated by work at county facilities. Minor disposal in county trash receptacles is permitted. Contractors and vendors engaging in work requiring seven days or longer or disturbing greater than 100 square feet of existing space must provide for their own trash collection and disposal. 8. Sales Tax: If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. Owner will cooperate with Contractor to obtain tax exemption for any project. 9, Ac~eptance: I have read and understand the above requirements and procedures and agree to abide by them. For: '5Pimv ~>.u ~t- Contractor or vendor company name VMYJ i I Juvo fks I tJM Print Name and Title J G:\MAINT\procedures for contractors vendors.DOC 4