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HomeMy WebLinkAboutC16-035 LB Foster CompanyAGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES BETWEEN EAGLE COUNTY, COLORADO AND L.B. FOSTERCOMPANY 4PU THIS AGREEMENT ("Agreement") is effective as of the 'L auy of @[uA-(4,20,Ltt by and between L.B. Foster Company, a Pennsylvania Corporation (hereinafter "Contractor") and Eagle County, Cotorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, the County desires to procure and have installed a CXT Concrete Buildings brand Ozark I model public restroom facility (the "Project") at the Eagle County Regional Airport, 219 Eldon Wilson Road, Gypsum, Colorado (the "Property"); and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and installation services as set forth below in paragraph I hereof; and WHEREAS, this Agreement shall govem the relationship between Contractor and County in connection with the procurement of equipment, materials and services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: l. Services or Work. Contractor agrees to procure the materials, equipment and/or products ("Equipment") necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the procurement and installation services described in Exhibit A ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to fumish the Services no later than May 15,2016. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event ofany conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. County shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Contractor shall upon County's request and at no charge to County: i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. Eagle County Commlssloners' Office C16-035 2. County's Representative. The Airport Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph I I hereof, shall continue in full force and effect through the 156 day of May, 2016. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis ofany increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the Equipment and performance of the Services in a sum computed and payable as set forth in Exhibit A. The Equipment and performance of the Services under this Agreement shall not exceed $43,746.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Equipment and Services satisfactorily performed within thirty (30) days ofreceipt ofaproper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Equipment or Services for which payment was made were not provided or performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment ofany taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 3 I of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-l-l0l et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance ofthis Agreement and no personnel to whom 2 Eagle County Procurment and Installation Final 5/14 County has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent ofthe Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions ofthis Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 1 . Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Agreement 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, his agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Services under this Agreement by the Contractor, his agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: Types oflnsurance. i. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Proiect. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. 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 Agreement. J Eagle County Procurment and Installation Final 5/14 ii. Contractor's certificates ofinsurance shall include subcontractors as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each sub- Contractor. All coverage(s) for subcontractors shall be subject to the same minimum requirements identified above. Contractor and subcontractors, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Contractor and its subcontractors until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an "A.M. Best" rating of not less than A-VIL iv. other available sources. x. termination hereof. of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occulrence basis unless otherwise provided herein. vii. Contractor's certificate ofinsurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Contractor shall provide a copy ofthe actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Contractor's broker, without further notice or authorization by Contractor, to immediately comply with any written request of County for a complete copy of the policy. viii. Contractor shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Contractor, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If Contractor fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. Contractor's insurance coverage shall be primary and non-contributory with respect to all Contractor's policy shall contain a waiver ofsubrogation against Eagle County. All policies must contain an endorsement affording an unqualified thirty (30) days' notice The insurance provisions of this Agreement shall survive expiration or xl. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Govemmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 4 Eagle County Procurment and Installation Final 5/14 8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperfonnance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraphshall survive expiration or termination hereof. 9. Ownership of Documents. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance ofthe Services shall remain the property ofthe County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. Further, Contractor shall execute any bill of sale or other documents required by County to transfer title of the Equipment to County. Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation ofreceipt. Either party may change its address for purposes ofthis paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Jeff Brownback 500 Broadway Post Offrce Box 850 Eagle, CO 81631 Telephone: 97 0 -328-2645 Facsimile: 97 0-328-2687 E-Mail : j effrey.brownback@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 97 0-328-8685 Facsimile: 97 0-328-8699 E-Mail : atty @eaglecounty. us CONTRACTOR: LB Foster Company 415 Holiday Drive Pittsburgh, PA 15220 Telephone: 800-255-4500 5 Eagle County Procunnent and Installation Final 5/14 E-Mail: kmee@lbfoster.com I l. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph t hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue. Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws ofthe State ofColorado. 13. Execution by Countemarts: Electronic Sisnatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement; (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to l2l. 14.Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the intended purpose and use of the Equipment, nature and extent ofthe Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance ofthe Services. c. To the extent possible, Contractor has correlated the results ofsuch observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice ofall conflicts, errors, or discrepancies. e. Contractor shall be responsible for completeness and accuracy ofthe Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Equipment and,/or Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor hereby represents and warrants that the Equipment will be new and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one (l) year from the date the Work is accepted by County, or such longer period as may be provided 5 Eagle County Procunnent and Installation Final 5/14 by the law or as otherwise agreed to by the parties. Vendor warrants merchantability and fitness of the Equipment for its intended use and purpose. g. All guarantees and warranties of Equipment furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment fumishes a guarantee or warrantee for a period longer than one (l) year, then Contractor's guarantee or warrantee shall extend for a like period as to such Equipment. h. Contractor warrants that title to all Work and Equipment shall pass to County either by incorporation into the Property or upon receipt by Contractor ofpayment from County (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Contractor further warrants that Contractor (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Contractor assumes all risk of loss with respect to the Equipment until the Equipment is installed and County has inspected and approved the same. i. Within a reasonable time after receipt of written notice, Contractor shall correct at its own expense, without cost to County, and without intemrption to County: Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any other Work or property caused by such defects or the repairing of such defects. Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Contractor in law or in equity. k. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Asreement. l. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Contractor except that ofindependent contractor. Contractor shall have no authority to bind County. m. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. n. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. o. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. p. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 7 Eagle County Procurment and Installation Final 5/14 q. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. r. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability ofany other provision hereof. s. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. t. The Contractor, ifa natural person eighteen (18) years ofage 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) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Government Contracts. As used in this Section 15, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: r. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E-Verifu Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs. eov/xprevprot/proerams/sc 1 1 8 522 I 678 I 50.shtm c. Contractor shall not use either the E-verifu program or other Department Program procedures to undertake pre-employment screening ofjob applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: 8 Eagle County Procurment and Installation Final 5/14 i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor ifduring such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in c.R.s. 8-17.5-102(5). :ar ':f. If Contractor violates these prohibitio4s;may terminate the Agreement for breach of Contractor shall be liable for actual and consequential damagesto County'as i " lj' by law. contract. If the Agreement is so terminated specifically f6i b this provision of this Agreement, notify the Colorado Sebretg. County will notify the Colorado Sebrplpry;,ofdtate if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. TREST OF PAGE INTENTIONALLY LEFT BLANKI 9 Eagle County Procurment and Installation Final 5/14 lN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EACLE, STATE OF COLORADO, By and Through lrs BoARD OF CO|JNTY COMMTSSTONERS Print Name: -0 l, -G',, n* ritrc,$ep.or;lnpJl}] 'ffi Teak J. Simonton, Clerk to the Board 10 bnglc Courty Procurment and lnstallatton Final 5/14 EXHIBITA SCOPE OF SERVICES AND EQUIPMENT, SCHEDULE, FEES LT Eagle County Procurment and Installation Final 5/14 gxr. Concrete Buildings CXT Plecast Concrete Products manufactures restroom, shower and concession buildings in multiple designs, textures and colors. The roof and walls are fabricated with high strength precast concrete to meet all local building codes and textured to match local architectural details, All CXT buildings are designed to meet A.D.A. and to withstand heavy snow, high wind and category E seismic loads. All concrete construction also makes the buildings easy to maintain and withstand the rigors of vandalism, The buildings are prefabricated and delivered complete and ready-to- use, including plumbing and electrical where applicable. With thousands of satisfied customers nationwide, CXT is the leader in prefabricated concrete restrooms. l. ORDERING ADDRESS(ES): CXT Precast Products, Inc., 3808 N. Sullivan Road, Building 7, Spokane, WA 99216 2. ORDERING PROCEDURES: Fax 509-928-8270 3. PAYMENT ADDRESS{ES): CXT Precast Products, Inc., 3808 N. Sullivan Road, Building 7,Spokane, WA 99216 4. WARRANTY PROVISIONS: CXT provides a warranty against defects in material or workmanship for a period of twenty (20) years on all concrete components. The warranty is valid only when concrete is used within the specified loadings. Furthermore, said warranty includes only the related material necessary for the construction and fabrication of said concrete components. All other non-concrete components will carry a one (l ) year warranty. CXT warrants that all goods sold pursuant hereto will, when delivered, conform to specifications set forth above. Goods shall be deemed accepted and meeting specifications unless notice identifying the nature of any non-conformity is provided to CXT in writing within the specified warranty. CXT, at its option, will repair or replace the goods or issue credit for the customer provided CXT is first given the opportunity to inspect such goods. lt is specifically understood that CXT's obligation hereunder is for credit, repair or replacement only, F.O.B. CXT's manufacturing plants, and does not include shipping, handling. installation or orher incidental or consequentialcosts unless otherwise agreed to in writing by CXT. This wananty shall not apply to: 1. Any goods which have been repaired or altered without CXT's express written consent, in such a way as in the reasonable judgment of CXT, to adversely affect the stability or reliability thereof; 2. To any goods which have been subject to misuse. negligence, acts of God or accidents or 3. To any goods which have not been installed to manufacturer's specifications and guidelines, improperly maintained. or used outside of the specifications for which such goods were designed. 5. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICAELE): All prices subject to the "Conditions of Sale" listed on rhe CXT quotation form. Customers are responsible for marking exact localion building is to be set; Providing clear and level site, free of overhead and/or underground obstructions; and Providing 5ite accessible to normal highway trucks and sufficient area for the crane to install and other equipment to perform the contract requirements. Customer shall provide notice in writing of low bridges, roadway width or grade, f0221l]-(n unimproved roads or any other possible obstacles to access.€tfl ats i{rttreflJhr (fta.bl aq[iftmeht rtqgirlC tg peCelm Cflrvery aneh irtel,leaiere-Iu<tnqerc Will ncgotiate installatien on a projert byr Feieetlasi+ugien'eMl.bgpriced a. <ef'". . For more information regarding installation and truck turning radius guidelines please see our website at www.cxtinc.com. DELIVERY INFORMATION: All prices F.O.B. Origin prepaid and added to invoice. CXT operates two (2) manufacturing plants in the United States and will deliver from the closest location on our carriers. Use the followino chart to determine the origin: . F.O.B. 3808 N. Sullivan Road, Building 7, Spokane, WA 99216 applies to: AK, CA, Hl, lD, Ml ND, NV, OR,5D, UIWA, WY. . F.O.B. 901 North Highway 77, Hillsboro, TX 76645 applies ro AL. AR, AZ, CO, CT, DE, FL, GA,IA, IL.IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, NC, NE, NH, NJ, NM, NY, OH, OK, PA, PR, RI, SC, ]N,TX,VA,WWt,WV. Prices exclude all Federal/State/Local taxes. Tax will be charged where applicable if customer is unable to provide proof of exemption. Pricing is subject to change without notice; Engineered stamped drawings may incur additional charges. For more information visit us at www.cxtinc.com or call (800) 696-5766. ,w CONTR In the event delivery of the building/s ordered islare completed within 30 days of the agreed to schedule r fault of CXT, an invoice for the full contract va shipping and installation costs) will be Delivery and installation charges will be Should the delivery and costs increase due to changes in the delivery increase will be added to the price originally quoted,be subject to the contract payment that the delivery is delayed more than 90 days to schedule and through no fault of CXT, then in to the remedies above, a storaqe fee of h% of contract per month or any part of any month will be charged. **Customer is responsible for all local permits and fees 6, DELIVERY CHARGE: All prices F.O.B. Origin prepaid and added to invoice. CXT operates two (2) manufacturing plants in the United States and will deliver from the closest location on our 7. PAYMENT TERMS: Payment to CXT by the made net 30 days after submission of the purchaser on approved credit. lnterest at a rate highest rate permined by law; oq .5% per month will be beginning with the 35thcharged monthly on all for the date of the invoice. Under retention be taken. lf CXT initiates legal any unpaid amount, purchaser shall be liable costs expenses and attorneys' fees and costs of any i::--: .-; -,i;--li ii,tl ) il| | !lfll u ,-r i'. -.**t i; Ii' ir-*i fIrlt l.iV i,i': t.ltt- -. ri: ---..1ii.ilii Ozark lwith chase restroom building. Standard features include simulated barnwood texture walls, simulated cedar shake textured rool vitreous china fixtures, interior and exteriot lights, off loaded and set up at site. 5 26,000.00 Final Connection to Utilities Optional Wall Texlure <rsrmr Optional Roof Texture nn*," * p spfit Face Block EstruckTrowel E o"ttu nib QtY: t r Qty: 1 E tr o a Eg Ev tr tr _9tr n 11 tr Fn EI trg n ag n -rltr I j I t $ s ,5 s 5 5 ,l 5 I ."trs t: I I I 5 i t .t 5 5 s 5 5 2_:2-s9$_0- t, 2,000.00 ' 900.00 250.00 850,0b ogs.oo 1,100.00 I 't,050.00 475.00 11199 : 475.00 ;'i 3,410.00 i i . L3-099 l 425.00 1,4oO.OO'"'z,iso.ob , l;ltgg i 2,300.00 l i,soo.oii I 6,070.00 i iiibo bii . "18_199; 85.00 38:09 , 48.00 99:99 i9:99 , 60.00 2,200.00 2,000.00 900.00 0.00 0.oo 695.00 0.00 1:959:99 475.00 475.00 000 0.00 330.00 -o-00 0.00 0.00 0.00 0.00 0,00 ooi o:oo 39i:og 0.00 38.00 48.00 0.00 0.00 0.00 a,s19,09 6,000.00 3,150.00 43,746.00 Two-Tone Color Scheme ncluded at no additional cost Stainlegs Steel Plumbing Fixtures Vitfeou5 China Urinal {each) Stainless Steel Urinal (each) Electric Hand Dryers Electronic Flush Valves -Building without Urinals Electronic Flushvalv9.: fg 9. pllon?l llll-ql!pll!9.p9l rlll?lI Electronic Lavatory Faucets Exterior Mounted ADA Drlnking Fountain w/Cane Skirt 4-gallon Electric Water Heater Skylight in Restroom (each) Marine 6rade Skyllght in Restroom (each) u9rin9 fq"g.!gg9 f9.1 lJ!11 cono{gnReslstance Tile Floor In Re5troom fiu.tslgl: hly ?l-d 9"'" D9_9rs anf F19m,9l VandlShield Xl Smart Building Management sy5tem (58M5) Timed Electric Lock System (does not include chase door) Etterior Frostproof Hose Bib with Box Paper Towel Dispenser Toilet Seat Cover Dispenser Sanitary Napkin Disposal CXT Wa5tebasket PaintTouch up Kit - Single Color Paint Touch up Kit - Two Tone Color Estimated monthty payment on Syear lease $ 879.29 alr 1 Qty; 1 Qty: 1 Included at no additional cost r_otaf co_s_! 9-l-s-e]Ttgd Accessories from n55e11orfs f15-e_!i{; . Estimated One-Way Tran5portation Costs to Site (quot€): Custom Options: ,, Stamped plans $2,500 Slate tags $500, J box $150 near ceilirrg ( ( ) 5 Total Cost per Unit Placed at Job Site: (exclud6 all tores) I accept this quote. Please process this order. 070313-OAC NJPAMemberNumber Eagle County, Colorado company Name Exterior Color Options: (For single color mark on X ot for two tone combinations use W = Walls / R = Roof.) Amber Rose Toasted Almond LibertyTan OatmealEuff Golden Beige W 5un Bronze R Pueblo Gold Cappuccino Cream Coca Milk _ Granite Rock _ Georgia Brick Western Wheat Nuss Brown _ Rich Earth Charcoal Grey Hunter Green Evergreen Special RoofColor * Special Wall Color # Special Trim Color # (Sage Green, Hunter ond Evergreen colors are not availoble in colored through concrete.) Rock Color Optlons; I Basalt _ Sand Beige _ Natural Honey Roof Texture Options: flcedar shake @ ntuuea nltetat Wall texture Options: I Barnwood @ Sptit Face Block [eoard a eatt Best Stanley T Series Tubular Deadbolt K-TurnknobE2I5l Type & Part Number flstucco / Skip Trowel Ierict (Texturcs not included in CXT's quote are additionol cost.) Door Opener Options: I Non-Locking ADA Handle QerwacyADA Latch Deadbolt Options: fICXT supplied Accessible Signage Options: I Crrtor"rsupplied: !u"n Iwor"n fl unir", Paper Holder Options: ! z nottstainless Sreel @ r nottstainless steel Berry Mauve Buckskin Mocha Carmel Salsa Red [Mountain Blend flNaturalcrey [Rornunu n rxposea Aggregate flrurp, Valley Rock [niver Rock Irield stonu fl nrtt Handle/Push Plate I ertt Handle/Push Plate w/ Slide Lock Sage Green Rosewood Malibu Taupe Java Brown Raven Black nHorizontalLap EXHIBIT B INSURANCE CERTIFICATES t2 Eagle County Procurment and Installation Final 5/14 Client#:15056 EXHIBIT B LBFOST ACORD,"GERTIFICATE OF LIABILITY INSURANGE DATE (MM/DD/YYYY) 01t18t2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. lMPoRTANT:|fthecertificateho|derisanADD|T|oNAL|NsURED,thepo|icy(ies)mustbeendorsed.|fsUBRoGATloN|s@ the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HDH Pittsburgh P&C 210 Sixth Avenue, 30th Floor Pittsburgh, PA 15222 412391-7300 ixfiil"' Frank Pampeno l-I8.tEo. s,rr, 412-992-2874 | iiA "^,. 412-391-7322 FilHL.r., frank.pampeno@hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC # tNsuRERA: Liberty Mutual Fire Insurance C 23035 INSURED L.B. Foster Company 415 Holiday Drive Pittsburgh, PA 15220 INSURER B : INSTJRER C : INSURER D : INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY -l "orr.*",o'- cENERAL L.ABtLrrY l-1"*,"r-"oo. fl o""r*I- EACH OCCURRENCE s DAMAGE TO RENTEDPRFMISFS aF, ncn"rr. MED EXP (Anv one Derson) PERSONAL & ADV INJURY __i GENEML AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER;-l ror,", fl l+g fl,-o" PRODUCTS . COMP/OP AGG A AU' T T .OMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS f--l scxeouleoI I AUTOS[wl r.rot.t-owneo l-__] Aurostt A.s.2641443762016 l1lo1l20't6 01t01t2011 COMBINED SINGLE LIMIT c1.000.000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accidentl UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-I\4ADE EACH OCCURRENCE AGGREGATE DED i I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS'LtABtLtTY Y/ N ANY PROPRIETORYPARTNERYEXECUTIVE -OFFICERYMEMBER EXCLUDED? (Mandatory In NH) lf yes, describe under hFQ^AlOYlnNl nE nOgOAYlnNQ hal^u, N/A WCSTATU- I IOTH. E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE. POLICY LIMIT A Property - Incl. Personal Property of Others YU2L4L443762026 1t01t2016 01t01t201',$247,612,129 Blanket Limit $25.000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addltlonal Remarks Schedule, if more space ls required) "" Supplemental Name ** GXT Inc. L.B. Foster Rail Technologies, Inc. LB Foster Gompany Eagle Gounty, Golorado, its associated or affiliated entities, its successors and assigns, elected (See Attached Descriptions) Eagle County PO Box 850 Eagle, GO 81631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 ot 2 #s646353/M644003 The AGORD name and logo are registered marks of ACORD FPO acrff EXHIBIT B CERTIFICATE OF LIABILITY INSURANCE THIS CERNFISATE IS ISSUED AS A TIIATTER OF INFO'RT'ATNil ONLY AiIO COI.IFERE NO RIGI{TS UPON THE CERTIFICATE HOLDER. THIS CERIIFICATE DOES I{OT AFFIRi'ATIVELY OR T{EGATIVELY AIIEND, EXTEND OR ALTER THE COVERAGE AFFORDED 3Y THE POLICIES qELOW. THIS CERTIRCATE OF II{SURANCE DOES NOT CONSnTUTE A COI{TRACT BETWEEN THE TSSUTNG TNSURER(S), AUTHORTZED REPRESENTATHE OR PRODUCER, AND IHE CESNRCATE HOIDER. litrPORTAllT: lf the carllllcato lhs tsnns and condlllonr of tho pollcy, mftaln pollcles rnay requlre an .ndorsmcnt A sblimeitt on thb cortmcda doos nol confrr rlghts to lha ceitlfcata holdsr ln llou ofsuch PiODUCER Ma'sh USA lnc. Slr PPC Ple, Suilo 4m Pitrsbugh PA $42 Pitlshrgh.eltlequestomarsh con I'i3URED l.B. F6lff C.rp6ny and $fsi$adec CXt hdrpoaled, L 8. Fo$ter Ral Tedrnologies, lnc Salienl Systens, Irrc.. L B. F6F 8d| Wrrtt trc. Alln: ChristpherT l$xsti 415 lhldry tllw PiltslIgh, PA !520 Arnedcan Guaranbo A Udify Ins Co CERNF|CATE NUM9ER:ctE{0503507}01 REVISION NUMBER:I THAT THE POUCIES OF INSI'RANCE LISTEO EELOW HAVE BEEN ISSUED TO THE INSURED }IAMED AEOVE FOR TTIE POLICY PERIOO INDICATEO, NOTWITI.ISTA}IDING ANY RECruNEMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIH, THE ]NSURANCE AFFORDEO BY THE POLICIES DESCRISEO }IERE'N IS SUEJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIOr.|S OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAID CI.AII/Is. cqrfiFcrAL cEfllRAt ual|.tw cL rMs.tiAoE ,, l_! occun I AGGRECATE LIMIT APPIIES PER. '*,"1C!9& IJ.o" ANYAg'O aLr owflEo I-] scxeou.EoAlrtos L_J AurosI I NONOWNEDHIRED^uros | | luibE (X, N0,WA WY & GnadranPm\t DElCmfl|oN Of OPEnAl|OLg I LOCAtlOllS, YEHICLEI IICOID lot. ldrl0srl R.il|rt| S€irtdr. r.t b. ,i|clr.a at mo.. $|cr lr ,nulndl Eagle Counly CohEdo, ib asmiatsd or df{abd.$titas" iE ruclsesc|r and asslfis, elecl€d olllcids, emplote€6 agenb ad vottnteers Uare hduded a ff ldditinal lflrEd lndf ie G€t'tr[al lltJlilt rhere Gqu|td bI rrin€$ csltret lTilvef ol Subogabn h apfkabh when |?quk# by rrriteo curtracl. rlth GsFcct b CsErat Udft and iiutlt3 Co0rpensston. lhis inruaice b Frmsr and '|srrdrtribuh,y oEr y eri!ting hrunnce rnd [mitcd b lhbiity edsing iirt of [re opcraUons d $e 0emd h$r?d ard nhe.! rsqdrld Bmitlen ce|tracl rih r6p€cl b Gsfid Ljabjtty E'doConly POEox E50 E sqco 81531 SHOUTO AHY OF TI{E ASOVE DESCRIBED FOLICES BE CAI{CELLED IEFOREIHE EXPnAnOl| DATE T]IEREOF, '|OnCE YnLL BE DELwERED lt'l ACCORDA'ICE WIrH THE POL]CY PROVISIONS. AUfl{OitIlD REpnEs$|lATtvg ollr$ USI lnc. ManashlMukherloa -54ravr-carg r}{dr.-r\r.Ai!.r. O lg88-20lt ACORD CORpOtlATlOltl- Alt rlohtr :aserved- ACORO 25f,?'ol4o1l The AGORD namc and logo erc rcglct.r.d ma*s of ACORD CORFORATTON.rlght! DESCRIPTIONS (Continued from Page 1)\v .t applies. Goverage is priamry and non+ontributory. sAclTTA 25.3 (2010/05) 2 ot 2 #s646353/M644003 AcoRD - cERTTFTcATE oF LrABrLrry TNSURANcE D rE(Mfuvoo/fffo 1 -t1 -trr1 R PRODUCER TIOCCA INSUE.AT.ICE AGENCY INC 8630 PEARI ST TTToRNTON CO 80229 303-2AA-2244 THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATK'N ONLY AND CONFERS NO RIGHTS UPOII THE CERTIF]CATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE Mtc# INSURED STRUCTURAL DESIGN AND MANGEMENT INc 11356 }I COAT MINE DRIVE LITTI,ETON CO 80L27 rNsuRERA, PTNNACOL ASSIIRA'trICE NsuReR B: ADMTRAT, TNSIIRANCE eO ftSURER C: NSURER D NSIJRER E COVERAGES DESCRIPTON OF OPERATONS/ LoCATONS /VEHICLES / D(cIUs|ONg ADOEO BY ENDORSETIENT/SPECIAL PROVISIOI{S THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSTJRED NAMED ABOVE FOR THE POL6Y PERIOD INDICATED. NOTWTHSTAAIDING ANY REQUIREMENT, TERM OR CONDTTION OF ANY COI'ITRACT OR OTI-IER DOCUMENT W|TH RESPECT TO WHICH THIS CERTIFICATE ItIt,AY B€ ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDMONS OF SUCH POLICIES.AGGREGATE LIMITSSHOWN MAYHAVEBEENREDUCEDBY PAIDCLAIMS. COMMERCIAL GENERAL LIASILITY cr.ArMsMADE [*-l o*r* GEN'L AGGREGATE LIMIT APPLIES PER: PO{,ICY I l.rrcr I lLOc ANYAUTO ALLOWN€DAUTOS SCHEOULED AUTOS HIREO AUTOS I'ION.OWNEDAUTOS EXCESSAJMBRELLA LIABILITY OCCUR O€DUCNBLE REIENIlON EMPLOYERS LIASILITY S PiOPRI6WPtrfffuqElW trFCEWEilEEB qCIUEO? lf !€s, dsdbeunder L36796 02/oL/Ls 02/oL/L6 E.L. OS€ASE. EA EMPLOYEE 00011685-05 08/2L/L5 o8/2L/t6 $ 2,000,000 CERTIFICATE HOLDER ACORD2S(2001/08) CAITICELLATION @ACORD CORPORATION 1988 EAGLE COUNTY PO BOX 850 EAGLE CO 81631 SI'IOIJTD AI.IY OF THE ABOVE O€SCRIBEO POLCIES BE CANCELLEO B€FORE lHE EXPRAI1G1 DAIE THEREoF. rHE BsutNG TNsJRER wrLr ENoEAVoR To MAIL _![ o,rvs wnnreN NOTICE TO THE CERTIFCATE I.iOLDER NAMED TO THE I.EFT. BUT FAILURE 'O OO SO SMLL IMPOSE NO OSLIGATIOil OR LI,CB[rrY OF ANY KIM) UPON THE INSURER. ITS AGFNTS OR REPRESE?{TATTVES, AL'THORIZED RERES'* ONU'U-,.