HomeMy WebLinkAboutbocc.con.111.2012COUNTY CLERK' S
CONTRACT COVERSHEET
CONTRACT #: 111-2412
ORIGINATING DEPARTMENT: Engineering
PROCUREMENT OFFICER: G.R. Fielding PHONE #: 5206
Rev. 08-30-11 jls
PROJECT NAME: Coal Creek Culvert Replacement CONTRACTOR: Con-Sy Inc.
DOLLAR AMOIJNT: $336,213.00 LINE ITEM # 110.54.96200.87151
CONTRACT EXECUTION DATE: 5/29/2012 CONTRACT END DATE: 9/30/2012
AUTOMATIC RENEWAL: ❑ YES � NO TERM:
❑ BOCC AGENDA ITEM (Grants, IGA) � STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
� OVER $50,000 (Requires Section Leader & County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None ❑ Informal � Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt
n Contract Renewal
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance
❑ License/Use
❑ Lease
� Construction
❑ Goods, Equipment, Supplies
❑ Other (e.g. revenue)
� �ii /�� ;. .,
I
❑ Employment
❑ Intergovernmental Agreement (Resolution Required)
❑ Non-Profit `
❑ Quasi-Public (e.g.-AVH)
❑ Grant Agreements (Notify Finance & Resolution Required)
❑ Change Order/Contract Amendment
(C/O: 10% or $25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all e�ibits and notices must be attached for the following:
✓� No Pages Missing ✓� All Other Blanks Filled In
✓❑ If Page Left Intentionally Blank Note on Page ✓� All E�ibits Attached
✓� Page numbered consecutively ✓� All Legal Descriptions attached ('rf applicable)
✓� All Original Signatures Affixed ✓❑ Notice ofAward/Notice to Proceed Attached ('rfapplicable)
✓� All Dates Filled In ✓❑ Warranty (if applicable)
✓❑ Special Instructions for Finance Department:
✓� Authorized Procurement Officer's Name: G.R. Fielding
BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHNES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
.�r� .� � ,
Contract # 111-2012
Budget Line Item # 110.54.96200.87151
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Rev.08.29.11 jaa
PITKIN COUNTY CONSTRUCTION CONTRACT
2012 COAL CREEK CULVERT REPLACEMENT
THIS CONTRACT, made this 29 day of Ma,� 2012, by and between the Board of
County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and Con-
Sy Inc._(hereinafter called the "Contractor") to perform the following work: 2012 Coal Creek
Culvert Replacement ("Project").
I. Term of Contract. The term of this contract is from May 29 to September 30,
2012. [At the expiration of the initial term, the contract may be extended for an additional teim
of NA years by the express written consent of both parties.]
II. Scope of Work and Work Schedule.
A. Work as Described in atta.ched plans and specifications
$. All work performed under this Contract shall be done according to the following
work sch�ule:
All
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 Three Hundred Thirty Six Thousand Two
Hundred Thirteen Dollars and No Cents ($336,213.00) 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 o�ves the County for any reason.
A. Payment Procedures.
1. Contractor shall submit applications for payment every 30 for work done
to date.
2. Progress payments.
a. County shall make progress payments, within thirty (30) da.ys of
County's approval of Contractor's pay request.
b. If Contractor is satisfactorily performing this Contract, progress
payments shall be in an amount equal to ninety percent (95%} of the calculated
Contract # 111-2012
Budget Line Item # 110.54.96200.87151
Rev.08.29.11 jaa
value of any Project work completed, less the aggregate of payments previously
made until fifty percent (50%) of the Project work required by this Contxact has
been performed. Thereafter, County shall pay all remaining progress payments
and maintain only existing retainage if, in the opinion of the Procurement Officer
and County, satisfactory progress is being made on the Project. If, in the opinion
of the Procurement Officer and County, satisfactory progress is not being made
on the Project, or if claims are filed under Section 38-26-107, Colorado Revised
Statutes, 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
Procurement Officer's and attorney's fees reasonabiy 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.
B. County shall make final payment, including release of retainage, to Contractor in
accordance with this Contract and Section 38-26-107, C.R.S. and Section 24-91-103, C.R.S., as
amended.
1V. Contractor's Obli arions.
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
complies accurately with this Contract.
2. The Contractor sha11 appoint and identify to the County a.nd Procurement
Officer, 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
Procurement Officer 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 communicatians 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 Procurement
Officer, whether initially or as a substitute) against whom the County or the Procurement
Officer may have reasonable objection.
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Contract # I 11-2012
Budget Line Item # 110.54.96200.87151
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2. The identity of subcontractors, suppliers or other persons or organizarions
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 Procurement Officer. No acceptance
by the County or the Procurement Officer of any such subcontractor, supplier or other
person or organization sha11 constitute a waiver of any right of the County or the
Procurement Officer to reject defeetive Project work.
3. The Contractor shall be fu11y responsible to the County and the
Procurement Officer 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 Coniract with Contractor just as Contractor is responsible for Contractor's own
acts and omissions. Nothing in this Contract sha11 create any Contractual relationship
between the County or the Procurement Officer and any such subcontractor, supplier or
other person or organization, nor shall it create any obligation on the part of the County
or the Procurement Officer 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 Procurement Officer.
C. Patent Fees and Royalties. The Contractor shall pay a11 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 sha11 indemnify and hold harmless the County
and the Procurement Officer and anyone directly or indirectly ernployed by either of them from
and against a11 claims, damages, losses and expenses (including attomey'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 sha11 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 a11 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 a11 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
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Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
regulations, neither the County nor the Procurement Officer 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 ta�ces whether direct or indirect. Federal excise tax
may not apply to materials purchased by the County. The Contract price shall include a11 other
federal, state, and/or local direct or indirect ta�ces, 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 sha11 be
responsible for a11 taxes, which may apply. The County is ta�c exempt from Federal Excise T� and
Colorado State or local sales or use taxes. T'he 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
azeas pernutted by this Contract, law, ordinances, and permits. The Contractor sha11
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
Procurement Officer by any such owner or occupant because of the performance of the
Project, Contractor sha11 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 equita.ble,
brought by any such other party against the County or the Procurement Officer 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 a11 pmperty 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.
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
H. Safety and Protection.
Rev.08.29.11 jaa
1. The .Contractor shall be solely responsible for initiating, maintaining and
supervising all safety precautions and pmgrams in connection with the Project. The
Contractor shall take a11 necessary precautions for the safety of, ancl sha11 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 offthe 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.
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 a11 property
located on the job site. This requirement sha11 apply at all times during the courses of the
Contract and not only to normal Project work hours.
2. The Contractor shall at all times conduct the Project in such manner as
will incur the least practicable interference with �c 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 Procurement Officer. Each item of the
Project sha11 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 Procurement Officer.
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 a11 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 sha11 bear a11 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.
The Contractor sha11 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.
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
I. Shop Drawings and Samples.
Rev.08.29.11 jaa
1. After checking and verifying all field measurements and after complying
with applicable procedures specified in this Contract, the Contractor sha11 submit to the
Procurement Officer for review and approval in accordance with the approved schedule
of shop drawing submissions, three (3) copies (unless otherwise specified) of a11 shop
drawings, which will beaz 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 Procurement Officer may
require. The data shown on the shop dra.wings will be complete with respect to
quantities, dimensions, specified performance and design criteria, materials and similar
data to enable the Procurement Officer to review the information as required.
2. The Contractor shall also submit to the Procurement Officer 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, - cata.log numbers and similar data with respect
thereto; and reviewed or coordinated each shop dra.wing 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 Procurement
Officer specific written notice of each variation that the shop drawings or samples may
have from the requirements of this Cantract, and, in addition, shall cause a specific
notation to be made on each shop drawing submitted to the Procurement Officer for
review and approval of each such variation.
5. Where a shop drawing or sample is required by the specifications, no
related Project work sha11 be commenced prior to the Procurement Officer's review and
approval of the shop drawing or samples.
6. The cost of fumishing all shop drawings and samples sha11 be borne by
Contractor.
V. Performance and Pavment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of one
half of the totat Contract value for a11 Contracts over $SO,OOQ, as required by C.R.S. § 38-26-105,
et seq. A11 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.
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Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
B. If the surety on any Bond fumished 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 Counry.
VI. Ina�ri.
A. The Contractor agrees to indemnify, hold hartnless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or affliated entities,
successors, or assigns, its elected officials, hvstees, employees, agents, volunteers, and any
jurisdiction or agency issuing pernuts for any work included in the project, hereinafter referred to as
indemnitee, from all suits and claims, including attomey'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
fulfillmeat of the terms of this Contraet 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 awazd of this contract, the Contractor agrees to waive all
rights of subrogation against the County its subsidiary, pazent, associated and/or affiliated entities,
successors, or assigns, its elected officials, tivstees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County.
B. T'he Contractor further sha11 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 a11 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 dischazged, including any warranty periods under this Contract aze
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 requ.irements for this Contract and in no way
limit the indemnity covenants contained in 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 perforxnance 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. Covera.ge and Limits of Insurance:
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
Rev.08.29.11 jaa
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.
Statutory Workers' Compensation: Colorado statutory minimums
a. Policy sha11 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:
2.
Coverage A (Workers' Compensation)
Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
Commercial General Liability – ISO 1 CG 0001 form or equivalent
(With County named additionad insured)
Minimum Limits:
General Aggregate
Products/Completed Operations Aggregate
Each Occurrence Limit
PersonaUAdvertising Injury
Fire Damage (Any One Fire)
Medical Payments (Any One Person)
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal / Advertising Injury
• Products / Completed Operations
$ 2,00O,OOQ
$ 2,000,000
$ l,OQQ,000
$ 1,000,000
$ 50,000
$ 5,000
• 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)
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Contract # 111-2012
Budget Line Item # I 10.54.96204.87151
Rev.08.29.1 I jaa
• The policy shall be endorsed to include the following additional insured language
on the Additional Tnsured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, tiustees, 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:
Bodily Injury/Properly Damage (Each Accident) $ 1,000,000
4. Special Coverages (check as appropriate and insert amount):
� (1) Performance Bond $ 16$,106.50
❑ Labor and Material $
❑ Payment Bond $
❑ (2) Professional Errors and �missions
❑ (3) Aircraft Liability
❑ (4) Owner's Protective
❑ (5) Builder's Risk
❑ (6) Boiler and Machinery
❑ (7) Loss of Use Insurance
Q (8) Pollution Liability
❑(9) 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 thiriy (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 (County Representative's Name &
Address). If the insurance carrier will not provide the required notice, the
ConsultandContractor 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 Certifica.tes of Insurauce, the Contractor sha11 file with the
Procurement Officer 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 Certifica.tes of Insurance sha11 contain the following
clauses:
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Contract # i l 1-2012
Budget Line Item # 110.54.96200.87151
Rev.08.29.11 jaa
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 farm of policy.
c. Any and a11 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: "a11 operations and locations at
which work for the referenced Project is being done."
3. Certificates of Insurance for a11 renewal policies sha11 be delivered to the
County's Representative at least fifteen (15) days prior to a policy's expirati�� 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-SK.
B. Pursuant to state statute and to the extent pernutted by law, Colorado labor sha11
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 a11 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 Pr�ertv and Landscape• Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
1. The Contractor shall be responsible for the preservation of all public and
private property and shall carefully protect from disturbance or damage a11 land and
property, as well as any manuments and property marks until the Procurement Officer
has witnessed or otherwise referenced their location and shall not remove them until
directed.
2. The Contractor sha11 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
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
Rev.08.29.1 I jaa
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 sha11 restore, at its own expense, such property to a condition similar
or equal to that e�cisting 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 parlcing, vehicle pazking and stockpiling
excavated materials sha11 be allowed only in those areas designated by the Procurement
Officer.
5. If the Contractor disturbs any of the landscape not called for removal, it
shall restore those areas as directed by the Procurement Officer at the Contractor's
expense.
B. Hazardous Materials
1. The County sha11 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 tuined over to the Contractor.
2. The Contractor shall provide the Procurement Officer with a written
certification each time materials or equipment is brought onta the Project site that such
materials or equipment do not contain Hazardous Materials.
X. County Work at the Pro�ect 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 sha11 perform and coordinate
its acrivities 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 Procurement Officer and the others whose work will be. affected. The duties
and responsibilities of Contractor under this paragraph aze for the benefit of such utility owners
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Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
and other contractors to the extent that there are compazable 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 Procurement Officer in writing any delays, defects or
deficiencies in such work that render it unavailable or unsuita.ble 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. Chan�es in the Proiect 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 Procurement Officer 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
Procurement Officer 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 Procurement Officer 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 awaze of any other matter or circumstance which it believes would
require a change in the Contract Price or Contract Time, the Contractor sha11 give the
Procurement Officer 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. T'he Contractor sha11 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
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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 sha11 be submitted before the conditions are clisturbed, 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 Procurement Officer with a complete and itemized
proposal of Contract price and time adjustments. The proposal sha11 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 Procurement Officer, .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 Procurement
Officer, 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 pazagraphs 2(a-d) of this Section.
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Budget Line Item # 110.54.96200.87 I S l
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XII. Warrantx and Guarantee- Tests and Inspections• Correction, Removal or Accentance of
Defective Proj,ect Work.
A. Warranty.
l. 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 wi11 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 workmanslup, and shall conform in a11 aspects to the terms
of this Contract, to the dra.wings 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 aze
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 2
years from date of Final Payment. Landscaping replacement shall be warranted for two (2)
growing seasons.
2. With respect to all wazranties, express or unplied, from subcontractors,
manufacturers, or suppliers for Project work perFormed and materials furnished under the
Contract, the Contractor sha11:
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 a11 warranties to be executed, in writing, for the benefit of
the County, if directed by the Procurement Officer; or
c. Enforce all warrauties for the benefit of the County, if directed by the
Procurement Officer.
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
B. Access to Project. The Procurement Offlcer and the Procurement Officer's
representatives, other representatives of the County, testing agencies and governmental agencies
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Budget Line Item # 110.54.96200.87151
with jurisdicrional 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.
l. The Contractor shall cooperate with material testing persons and firms, and
for required inspections, and compliance and appraval 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 thereo fl to specifically be inspected,
tested or approved, the Contractor sha11 assume full responsibility therefore, pa.y all costs in
connection therewith and furnish the Procurement Officer 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 Procurement Officer's acceptance of a supplier of materials or equipment
proposed to be incorporated in the Project, ar 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 aze
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 sha11 pay for re-testing of a11 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 Procurement Officer.
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 Procurement Officer, it
must be uncovered for observation. Such uncovering and testing when required by the
Procurement Officer shall be at the Contractor's expense.
5. Neither observations by the Procurement Officer 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 Procurement Officer
or the County, the Contractor sha11 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
Procurement Officer 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, attomeys and other
professionals) made necessary thereby.
E. Conection Period. If within two (2) years after the date of Final Payment or such
longer period of tune as may be prescribed by laws or by the terms of any applicable special
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Budget Line Item # 110.54.96200.87151
guarantee required by the Contract Documents or by any specific provision of the Contract
Documents, any Project work is found to be defective, the Cantractor sha11 promptly without cost to
County and in accordance with County's written instrucrions, either conect 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 ('1) days from receipt) comply with
the ternls 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. Contractar shall also pay for any damage to
other Project work, other properiy, ar 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 Procurement Officer 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 Procurement Officer or the County in accordance with pazagraph D of this Secrion,
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 a11 or part of the Project, and suspend the
Coniractor's services related thereto, take possession of the Contractor's tools, appliances,
construction equipment and machinery at the site and incorporate in the Project a11 materials and
equipment stored at the site or for which the County has paid the Contractor but which are stored
elsewhere. The Conttactor shall allow the County, the County's representa.tives, 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 Couniy 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, a11 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
10/5/2012. Liquida.ted damages of ($ 500.00) 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
sha11 be prosecuted regularly, diligently, and at such rate of progress as will ensure completion
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Budget Line Item # 110.54.96200.87151
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 Contrac� It is further agreed that time is of the
essence in completing the Project, and that the Project Work Schedule and all da.tes 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 Contrac�
G Liquidated Daznages. 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 sha11 pay to the County the liquidated damage
amounts specified in the Contrac� 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
'Bxcusable 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 catendar day that
completion is delayed in the eonstruction 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
parry 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 a11 reasonable dispa.tch. The term Force Majeure as employed
herein, sha11 mean acts of Gad, 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 parry
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 a1I reasonable dispatch shall not require the
settlement of strikes and lockouts by acceding to the demands of the opposing pariy or parties when
such settlement is unfavora.ble to it in the judgment of the party having the difficulty.
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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 hereaftez enforceable at
law, in equity, by statute, or under Contract.
XIV. Termination of Contract.
A. The County may ternunate this Contract upon the occurrence of any one or more of
the following events:
1. If the Contra.ctor 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 pefition 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 cha.pter of the Bankruptcy
Code as now or herea.fter in effect at the time of filing, or if a petition is filed seeking any
such equivalent or similar relief aga.inst Contractor under any other federal or state law in
effect at the fiime relafiing 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 af Contractor is appointed under
applicable law or under Contract, whose appointment or authority to take charge of property
of Contractor is for the ptupose of enforcing a Lien against such property or for the purpose
of general administration of such properiy 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 Contractor Status.
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Budget Line Item # 110.54.96200.87151
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 aze 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 sha11 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 ldentification Number Request.
XVI. Comnutation of Time.
A. When any period of time is referred to in tlus Contract by days, it will be computed
to exclude the first and include the last da.y of such period. If the last day of any such period fa11s 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 clazifications 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 Procurement Officer for reference.
Upon completion of the Project, these record documents and samples will be delivered to the
Procurement Officer 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 a11 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
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by other articles of this Cantract. T'he 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 similazly 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 thi.s Contract is completely or partially terminated, the records relating to the
Project terminated shall be ma.de available for three (3) years after any resulting final temzination
payment.
D. Records pertaini.ng to appeals or to litigation or the settlement of claims arising
under or relating to the perfonnance of this Contract sha11 be made available until disposition of
such appeals, litigation, or claims.
XVIII. Miscellaneous.
A. Assignability. This Contract is not assignable by either party. .Any use of
subcontractors by the Contractor for performance of this Contract must be accepted in writing by
the County.
B. Binding Arbitration. Any disputes arising out of this Contract shall be subject to
binding arbitxation. The parties agree that any disputes concerning the terms and conditions of
this Contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted
pursuant to the rules of the A.merican Arbitration Association and shall be presided over by the
Pitkin County Hearing Officer appointed to azbitrate Pitkin County Contract disputes. Costs of
the arbitration shall be awarded to the substantially prevailing party.
C. 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 sha11 be severable.
D. Integrarion 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.
E. Contract Made in Colora.do. The parties agree that this Contract was made in
accordance with the laws of the Sta.te of Colorado and shall be so construed. Venue is agreed to
be exclusively in the courts of Pitkin County, Colorado.
F. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract including the azbitra.tion described in this section, the substantially
prevaiiing pariy shall be entitled to its costs and reasonable attorney's fees.
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G. 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, 24-10-1Q1, et seq.,
C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its
o�cers, agents or employees. Further, nothing in this Contract sha11 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.
H. 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.
I. Notice. Any notice required by this Contract shall be deemed delivered through
either of fhe following: (1) hand delivery to the person at the address below or (2) by certified
first class mail, postage prepaid, return receipt requested addressed as follows:
1. To Pitkin County
Gerald Fielding, County Engi.neer
76 Service Center Road
Aspen, Colorado 81611
Fax: 970-920-5374
2. To Contractor:
Con-Sy Inc. Gib Hanneman
28485 Hwy 6& 24 # 1 A
Rifle, CO 81650 Faac: 970-625-1343
with copies to:
Pitkin County Attorney's Office
S30 E. Main Street, #302
Aspen, Colorado 81611
Fax: (970) 920-5198
J. 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 sha11 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. Contxactor'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
perfonmance of Project.
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Budget Line Item # 110.54.96200.8? 151
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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. Contra.ctor 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 sunilar data are or will be required by Contractor for such
purposes.
4. Contractor has correlated the results of all such observations,
examinations, invesrigations, tests, reports and data with the terms and conditions of this
Contract.
5. Contractor has given Procurement Officer written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the written resolution
thereof by Procurement Officer is accepta.ble 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 oi executing this Contract and
that it has full and complete authority to enter into this Contract on behalf of Contractor.
XX. Counter�arts. This Contract may be executed in multiple counterparts, each of which
sha11 constitute an original, but a11 of which shall constitute one and the same document.
XXI. Public Contracts for Services and Public Cgntracts with Natural Persons. In conformance
with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as
amended
PUBLIC CQNTRACTS FOR SERVICES. CRS §5-17.5-101. [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 und 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 co�rm the employment eligibility of a11 employees who are newly hired for
employment in the United States to perform work under this contract, through participation in
the E-Verify Program or the Department program established pursuant to CRS §8-17.5-
102(5}(c), 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
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Bndget Line Item # 110.54.96200.871 S i
Contractor that the subcontractor shatl not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor (a) shall not use E-Verify Program or Department
program procedures to undertake pre-employment screening of job applicants wlule this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within
three days if Contractor has actual knowledge tha.t a subcontractor is employing or contracting
with an illegal alien for work under this contract, (c) shall terminate the subcontra�t if a
subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and (d) sha11 comply with reasonable requests made in the course of an
investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor
and Employment. If Contractor participates in the Department 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 sha11 comply with all of the other requirements of the Department program. If
Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq.,
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. CRS §24-76.5-101. Contractor, if a
natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury t6at he or sbe (a) is a citizen or otherwis� lawfully present in the
United States pursuant to federal law, (b) shall comply.with tLe provisions of CRS
§24-76.5-101 et seq., and (c) has produced one form of idenNfication required by
CRS §24-76.5-103 prior to the effective date of this contract.
ADDENDUM.
23
Contract # I 11-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out
herein above.
CONTRACTOR
Con-�
By: �7�
e Title
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Date
PITKIN COUNTY, COLORADO
MANAGER APP AL:
,
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Jon Pe ock, ounty Manager Date
RECOMMENDED FOR APPROVAL:
r-
r 5'��-�oZ
Gerald Fielding Date
County Engineer
SECT AP VAL:
� zo /�
Brian Pettet, Date
Public Works Director
24
C'antr-crct t� I I 1-2012
I3trrlgct C.iFr� ltc�nt � 110,5496200.87151
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Praject Contract # 111-2012
ADDENDLTM # 111-2012 A
Rc���. 8.'�J! jcrcr
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May l, 2012 � �
TO: ALL PROPOSERS ON PR4F{55AL�2Q12 COAL CREEK CULVERT REPLACEMENT
This Ietter is to clarify the Request for Proposals on 2012 CDAL CREEK CULVERT
REPLACEMENT, recently submitted to your company for review. The following clarifications or
changes aze required.
Pre-bid meeting location is 1.2 miles up Coal Creek Road from intersection of State Highway 133
near the Town of Redstone.
The time is 1:00 pm on May 7, 2012
Thank you £or reuievving this Request for Proposals aud considering submitting a proposal. If you
have any further questions concerning the proposal documents ar this letter clarifying what is
required, please contact me at 970-920-520&. �
Sincerely,
1
Gerald Fielding,
County Engineer
2 .S�
Intentionall�
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Contr�rct " 111-2012
Buclger Line IrE rn t� 110.54.96200.87151
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Proj ect Contract # 111-2012
ADDENDUM # 111-2� 12 B
May 1 l, 2012
Rev. $.?a.11 jcra
T4: ALL PROPOSERS ON PROPOSAL 2012 COAL CREEK CULVERT REPLACEMENT
This letter is ta clarify the Request iar Proposals on 2012 COAL CREEK CULVERT
REPLACEMENT, recently submitted to your company for review. 'The following clarifications ar
changes are required.
The following are comments based on several conversations with various contractors:
• Conerete blocks on site are to be used/removed as specified in the plans and specifications
• Excavated materials disposal, use, ownership, etc are delineated in the specifications and
plans
• Backfiil specifications are delineated in the specifications and plans
• There will be no extension to the bid date
• A list of contractors wha signed in to the required site visit can be obtained on
www. aspenpitkin. com/rfp
Thank you for reviewing this Request for Proposals and considering submitting a proposal. If you
have any fiarther questions concerning the proposal documents ar this letter clarifying what is
required, please contact me at 970-920-5206.
Sincerely,
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
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PROPOSAL FORM
Proposal Time: 3:00 PM
Proposal Date: 5/15/2012
From: CON-SY INC
28485 HWY 6& 24 #1A RIFLE, CO 81650
Phone 970-625-2200 Fax 970-625-1343
E-mail Address: consyinc a�aol.com
Rev.08.29.11 jaa
To: THE PITKIN COUNTY BOARD O� COUNTY COMMISSIONERS
c/o Gerald Fielding, County Engineer
76 Service Center Road
Aspen, CO 81611
For: 2012 COAL CREEK CULVERT REPLACEMENT
1.2 miles up Coal Creek Road from intersection of State Highway 133
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 Project and being
familiar with conditions surrounding the construction of the proposed Project, including the
availability of materials and labor hereby proposed to furnish all labor, materials, supplies,
bonds, permits, services and supervision required to perform the Project for the project identified
above and listed below and as detailed in this RFP for the sum of:
TI70 IUrilp SUril Of Three hundred thirty six thousand iwo hundred thirteen and no/100 DOZla2'S �$ 336.213.00 �
The project will be completed within
Description:
See Bid Schedule
60 Working days of initiating the Project.
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Int�nt�c��ally
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
Rev.0829.11 jaa
Statement and Detailed Approach to Project: Attach sheets as needed
Proposed project timeline: Please submit a complete schedule
Proposed Payment Schedule:
�
—
Qualifications of Proposer:
Please insert names address, phone numbers and description of similar Project for Reference
Checks.
1 SGM 945-1004
Dean Gordon - Louis Meyer
Misc general contractor projects -----20 years
2 Ga�eld County
Jeff Nelson 379-5162
Misc Road & Bridge Projects
3 Bowie Resourses Coal
Basil Bear 970-929-5258
Mine Expansion Projects
QUALIFICATIONS OF PERSONNEL
Please list assigned personnel and their qualifications
1. Gib Hanneman
Qualifications: General Superintendent 20+ yrs,
All aspects of construction - concrete - earthmoving.
List of similar Project performed: American Soda ----- Development of Mine infrastructures -
Road - Drainag� - Str�ct�res
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
Reference Name, & Phone Number: Ed Cooley 970-319-5386
2. Karl Parker
Qualifications: General Superintendent 20+ Years
Farthmnvina and ciraina�P �PrtS
Rev.08.29.11 jaa
List of similar Project performed: Gafield County Misc Projects over past 15 years.
Reference Name, & Phone Number: Jeff Nelson - Garfield Enq. 970-379-5162
3.
Qualifications:
List of similar Project performed:
Reference Name, & Phone Number:
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. #1
33
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
Rev,08.29.11 jaa
The right is reserved to waive any informatities and to reject any Proposal.
(Type/Print name under all signatures)
;,��:,:,;.;
`; ��'`''`�� r:' Dated this 15 day of May , 2012
t �� ��.
� �' ; ; �'<� � �Corporate seal) PROPOSER:
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(SEAL, if Bid is by a corporation)
ATTEST: �
Signature
Name
Signature
Name
THELMA FIELDS
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.
(Attach a Separate Sheet for Suggested Cost Savings Alternatives)
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Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
208-00106 SWEEPING (SEDIMENT REMOVAL) HOUR 2 $ 250.00 $ rJOO.00
(Unit Price - Words) two hundred fifty dollars
100.00 200.00
208-00107 REMOVAL OF TRASH HOUR 2 $ $
one hundred dollars
(Unit Price - Words)
30.00 900.00
208-00206 EROSION CONTROL SUPERVISOR DAY 30 $ $
(Unit Price - Words) thirty dollars
208-00302 STREAM DIVERSION AND DEWATERING LS � $ 3ZOOO.00 $ 32000.00
(Unit Price - Words) thirty-two thousand dollars
210-01000 RESET FENCE LF 20 $ 20.00 $ 400.00
(Unit Price - Words) �enty dollars
212-00006 SEEDING (NATIVE) ACRE 0.1 $ 900�.�� $ 9��.��
(Unit Price - Words) nine thousand dollars
212-00032 SOIL CONDITIONING ACRE 0.1 $ 4'OOOO.00 $ 4000.00
(Unit Price - Wwds) forty thousand dollars
213-00004 MULCHING (WEED FREE STRAVIQ ACRE 0.1 $ � SOOO.00 $ 1500.00
(Unit Price - Words) fifteen thousand dollars
213-00061 MULCH TACKIFIER LB 15 $ ���.�� $ ����.�Q
(Unit Piice - WordsJ one hundred dollars
216-00201 SOIL RETENTtON BLANKET (STRAW/COCONUT) SY 40 $
(BIODEGRADABLE CLASS 1) � O.00 $ 400.00
(Unit Price - Words) ten dollars
304-06000 AGGREGATE BASE COURSE (CLASS 6) TON 121 $ 40.0� g 4840.00
(Unit Price - Wads) forty dollars
403-34741 HOT MIX ASPHALT (GRADING SX) (75) (58-28) TON 70 $ 23�.�0 $ 16100.00
(Unit Price - Words) �o hundred thirty dollars
9.00 1233.00
420-00132 GEOTEXTILE (SEPARATOR)(CLASS 1) SY 137 $ $
(Unit Price - Words) nine dollars
420-00300 GEOGRlD REINFORCEMENT SY 137 $ 9•00 g 1233.00
(Unit Price - Wwds) nine dollars
506-00206 RlPRAP (61NCH) CY 91 $ $�.0� $ 728�.��
(Unit Price - Words) eighty doflars
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
BID SCHEDULE
CONTRACT DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL
ITEM#
201-00000 CLEARING 8� GRUBBING LS 1 $ 3500.00 $ 35Q0.00
(Unit Price - Words) three thousand five hundred dollars
202-00038 REMOVAL OF STRUCTURAI PLATE PIPE
(Unit Price - Words) one hundred forty five dollars
202-00165 REMOVAL OF WALL
two thousand five hundred dollars
(Unit Price - Words)
202-00220 REMOVAL OF ASPHALT MAT
seven dollars twenty-five cents
(Unit Price - Words)
202-05026 SAWING ASPHALT MATERIAL (6 INCH)
ten dollars
(Unit Price - Words)
203-00100 MUCK EXCAVATION
forty dollars
(Unit Price - Words)
203-00400 ROCK EXCAVATION
(Unit Price - Words)
ninety five dollars
203-01510 BACKHOE
one hundred dollars
(Unit Price - Words)
203-02330 LABORER
fifty dollars
(Unit Price - Words)
206-00000 STRUCTURE EXCAVATION
(Unit Price - Words) ten dollars
206-00050 STRUCTURE BACKFILL (SPECIAL)
twelve dollars
(Unit Price - Words)
206-00200 STRUCTURE BACKFILL (CLASS 2)
(Unit Price - Words)
sixty seven dollars
208-00002 EROSION LOG (121NCH)
(Unit Price - Words) ten dollars
208-00045 CONCRETE WASHOUT STRUCTURE
(Unit Price - Words) one thousand doliars
Rev.08.29.11 jaa
LF ss g 145.00 $ 8120.00
2500.00 2500.00
LS 1 $ $
SY
` LF
CY
CY
HOUR
HOUR
CY
Z� � 7.25 $ 2030.00
� . $ 10.00 $ 480.00
91 $ 4 0. o o $ 3640.00
� o $ 95.00 $ 950.00
100.00 2000.00
20 $ $
Zo $ 50.00 $ 1 Q00.00
755 $ 10.00 $ 7550.00
cY 330 $ 12.00 $ 3960.00
67.00 16817.00
CY 251 $ $
LF
EACH
� so $ 10.00 $ 1800.00
� $ 1000.00 $ 1000.00
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Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
506-00236 RIPRAP (36 INCH) CY 19 $ � 2�.�� $ 228�.0�
(Unit Price - Words) one hundred twenty dollars
510-20026 STRUCTURAL PLATE ARCH PIPE (16 FOOT 6 �F 60 $ $
INCH X 11 FOOT 0 INCH) Q��.�� 54000.00
(Unit Price - Words) nine hundred dollars
601-03050 CONCRETE CLASS D(WALL) GY 72 $ 75�.0� $ 54000.00
(Unit Price - Words) seven hundred fifty dotlars
602-00000 REINFORCING STEEL LB 10000 $ 1.50 $ 15000.00
(Unit Price - Words) ane dollar fifty cents
606-00301 GUARDRAIL TYPE 3(&3 POST SPACING) LF 100 $ 30.0� $ 30��.��
(Unit Price - Words)
thirty dollars
606-00350 GUARORAIL TYPE 3(DOUBLEj (6-3 POST LF 50 $ 7�.�� $ 3500.��
SPACING)
(Unit Price - Words)
seventy dollars
606-01390 END ANCHORAGE TYPE 3K EACH a $ 1400.00 $ r'J6��.0�
(Unit Price - Words) one thousand four hundred dollars
620-00020 SANITARY FACILITY EACH � $ 1500.00 $ 1500.00
(Unit Price - Words) �ne thousand five hundred doHars
2����.�� 2����.��
626-00000 MOBILIZATION LS 1 $ $
(Unit Price - Words) �enty thousand dollars
sso-00000 TRAFFIC CONTROL �s � $ 5000.00 $ 5000.00
(Unit Price - Wwds) five thousand dollars
630�80355 PORTABLE MESSAGE SlGN PANEL EACH 1 $ 50��.�� $ 50��.��
(Unit Price - Words) five thousand dollars
700-70010 F/A MINOR CONTRACT REVISIONS FA 1 $ 39,000.00 $ 39,000.00
(Unif Price - Words) Thirty-nine thousand dollars
BID AMOUNT: three hundred thirty six thousand two hundred and thirteen DOLLARS $ 336,213.00
(Words) (Number)
sub�,med by: CON-SY INC.
Company
GIB HANNEMAN / ESTIMATOR
N me /Title of Authorized Person (print or type)
f
�ate ot sid: 5/15/2012
Signature of Authorized Person
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
SPECIAL CONDITIONS
Rev.8.26.11 jaa
1. STANDARD SPECIFICATIONS AND DETAILS - All work shall be done in
accordance with the most recent edition of the Colorado Department of Transportation
"Standard Specifications for Road and Bridge Construction", dated 2011.
2. PROJECT DESCRIPTION - The project consists of removal and replacement of asphalt
roadway, removal of existing soldier pile/sheet metal lagging retaining wall, removal of
existing multi-plate culvert that conveys Coal Creek under Coal Basin Road (CR-3D). The
replacement culvert will be a 16'-6" x 11'-0" multi-plate pipe arch with concrete headwalls
and wing walls.
The contractor will be allowed to completely close CR-3D for a maximum of 10 days
during the project. One lane of traffic must be maintained at all other times. The White
River National Forest lands beyond this crossing contain popular big game hunting areas.
To maintain hunting access to this area, the full road closure period should occur before the
start of hunting season on August 25, 2012. The contractor shall include this milestone in
his proposed construction schedule.
3. PROJECT ENGINEER - The Project Engineer for the Project is Mr. G.R. Fielding, PE,
who can be reached at (970) 920-5206. All project notices, letters, submittals, and other
communications directed to the Engineer shall be addressed and mailed or delivered to:
GR Fielding
Pitkin County Engineer
76 Service Center Road
Aspen, CO 81611
4. JOBSITE SAFETY - The Contractor shall conduct his operations in a safe manner, and is
responsible for all jobsite safety measures. All OSHA regulations and all other pertinent
regulations pertaining to the safe operation of construction equipment, workers, methods,
and the site shall be strictly adhered to by the Contractor.
5. PERMITS - The following permits are required for the Project and will be obtained by the
Owner at no cost to the Contractor:
a. Not Applicable
All other permits required for the Project shall be obtained by the Contractor as set forth in
the Standard Specifications and as listed in the following. The work and costs associated
with Contractor obtained permits will not be paid for separately but shall be included in the
total bid price of the Project.
a. CDPHE Industrial Wastewater Discharge Permit — Construction Dewatering
COG-070000
6. INSURANCE LIMITS - The minimum insurance limits for the Project are as stated in the
General Contract Conditions.
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Contract # I 11-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
-2-
SPECIAL CONDITIONS
7. UTILITY STRUCTURE ACCESS - The Contractor is responsible for locating all water
valves, manholes, monument boxes, traffic pull boxes, etc., prior to construction. No
sanitary sewer manholes or water valves may be left inaccessible at any time during the
construction.
All liabilities for damage arising from any public or private utility substructures left
inaccessible, or rendered inoperable during construction, will be the Contractor's
responsibility.
8. ACCESS REQUIREMENTS — The contractor will be able to close CR-3D for a
maximum of 10 days to all vehicular traffic to facilitate project needs.
Construction and maintenance of temporary access ramps, paths or other temporary
facilities at adjacent properties or through work zones shall the responsibility of the
Contractor. Depending on the frequency of use, the duration it is intended, and the overall
performance of the temporary facility, the engineer may require the use of better
performing materials (including asphalt) as appropriate.
If access is required on a regular basis and high early concrete is required to maintain
access, the Contractor shall place high early concrete at no additional cost to the project.
The design mix for the high early concrete shall be approved prior to placement.
9. CONSTRUCTION SCHEDULE - Prior to the commencement of any work, the
Contractor will furnish the Engineer with a schedule, per section 108, indicating the
planned dates/durations for each salient item of work for each phase of construction.
10. INGRESS/EGRESS — Ingress and Egress is only permitted across easements that have
been acquired for this project or right of way owned by Pitkin County.
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
Rev.08.29.11 jaa
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract on or before the Sth day following
Contract execution, unless such time for beginning the work is changed by the Project Manager
in the "Notice to Proceed". The Contractor shall complete all work before October 5, 2012, in
accordance with the "Notice to Proceed".
Subsection 108.03 shall include the following:
Salient features to be shown on the Contractor's Progress Schedule are:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
Mobilization
Removal items
Road closure
Construction surveying
Multi-plate fabrication and delivery
Channel diversion
Clearing and grubbing
Installation of new culvert (to include backfill placement)
Hot Bituminous Pavement
Site Restoration and Cleaning
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
REVISION OF SECTION 101
DEFINITIONS AND TERMS
Rev.08.29.11 jaa
Section 101 of the Standard Specifications is hereby revised for this project as follows:
Technical Specifications related to construction materials and methods for the work embraced
under this Contract shall consist of the Colorado Department of Transportation, Standard
Specifications for Road and Bridge Construction, dated 2011.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted
to have different meanings within the scope of the Contract. A summary of redefinitions follows:
Subsection 101.10 CDOT Resident Engineer shall be replaced with Pitkin County
Engineer.
Subsection 101.28 Department shall be replaced with Pitkin County.
Subsection 101.29 Engineer shall be defined as the Pitkin County Engineer acting
directly or through an authorized representative, who is responsible for engineering and
administrative supervision of the project.
Subsection 101.39 Laboratory shall be defined as the testing laboratory of Pitkin County
or other laboratory designated by Pitkin County.
Subsection 101.51 Project Engineer shall be defined as the County Engineer's duly
authorized representative who may be a County employee or an employee of a consulting
engineer (consultant) under contract to the County as defined below:
(a) County Project Engineer. The County employee, assigned by the County
Engineer, who is the County Engineer's duly authorized representative. The
County Project Engineer is in direct charge of the work and is responsible for the
administration and satisfactory completion of the project under contract.
(b) Consultant Project Engineer. The consultant employee under the responsible
charge of the consultant's Professional Engineer who is in direct charge of the
work and is responsible for the administration and satisfactory completion of the
project. The Consultant Project Engineer's duties are delegated by the County
Engineer in accordance with the scope of work in the consultant's contract with
the County. The Consultant Project Engineer is not authorized to sign or approve
Contract Modification Orders.
Subsection 101.58 Region Transportation Director shall be defined as the Pitkin
County Engineer.
Subsection 101.70 State shall mean Pitkin County, Colorado (where applicable).
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Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
REVISION OF SECTION 102
PROJECT PLANS AND OTHER DATA
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.05 shall include the following:
One (1) set will be provided to approved bidders by Pitkin County free of charge.
The successful bidder will be provided 4 sets of plans and specifications at no cost. Additional
sets of plans and other available data may be purchased on a cash sale basis from the Pitkin
County purchasing department at current reproduction prices. Subcontractors and suppliers may
obtain plans and other data from the successful bidder or they may purchase copies on a cash
sale basis from the Pitkin County purchasing department at current reproduction prices.
The following information will be available for review at the Pitkin County office for review:
Not applicable
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Contract # 111-2012 Rev.08.29.1 l jaa
Budget Line Item # 110.54.96200.87151
REVISION OF SECTION 104
SCOPE OF WORK
Section 104 of the Standard Specifications is hereby revised for this project as follows:
In Subsection 104.04, delete section (a) and replace with the following:
In subsection 104.04 add:
(e) Periods of no interference: During the periods below, the Contractor shall not
interfere with traffic through or immediately adjacent to the work zone.
1. No work shall be permitted on the federally recognized Holidays or on days as
defined in section 101.36.
(� Traffic Control Requirements for Construction Activities. The following restrictions
shall apply. In all cases, the Contractor shall schedule and coordinate this work such
that there is a minimum delay to the traveling public and all requirements and
restrictions are met.
General Traffic Control Requirements:
Through Travel Lane Widths. The Contractor shall provide and maintain a minimum
of one (1 } 11-ft travel lane of traffic through the proj ect limits, except for the
permitted full road closure period.
Full Road Closure. The Contractor will be permitted to close the road in both
directions for a period of no more than ten (10) days to install the temporary
diversion, to remove the existing culvert and to install the new culvert. At the end of
this closure period, the road surface shall have been reconstructed to a condition that
will safely allow at least one lane of normal vehicular traffic to travel through the
construction limits. The County Engineer shall approve the reconstructed roadway
section prior to re-opening to traffic.
Portable Message Si�L Panel. The Contractor shall place a portable message sign
panel as directed in the plans. Messages shall be current and shall be coordinated with
the Engineer.
Night Work: With Pitkin County approval only.
Weekend Work: With Pitkin County approval only.
Work Zone: Any work zone construction, as defined in the Contractor's Traffic
Control Plans, shall be completed in full prior to beginning work on adjacent sections
of the roadway.
Parkin : All vehicle or equipment parking shall be prohibited where it conflicts with
safety, access or flow of traffic. The Contractor shall arrange for a parking area for
employees within the approved construction staging area.
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Contract # 1 ll-2012
Budget Line Item # 110.54.96200.87151
-Z-
REVISION OF SECTION 104
SCOPE OF WORK
Rev.08.29.11 jaa
(g) Maintenance Work. The Contractor shall bear all expense of the routine maintenance
work required for maintaining the traveled roadway through the project except for
designated no work period where no temporary facilities are in place, until final
acceptance of the project is made pursuant to subsection 105.21. County maintenance
crews will be responsible for snow removal on ali normal travel lanes outside of the
work zone. The Contractor shall be responsible for ali snow removal within the work
zone. The Contractor shall not be allowed to place snow on the traveled roadway.
County maintenance may be required to plow snow into the work area. The
Contractor sha1l be responsible for the replacement of all traffic control devices
displaced during snow removal activities.
(h) Costs and Time. All costs incidental to the foregoing requirements, wi11 not be paid
for separately, but shall be included in the work. Delays or impacts to the Contractor
due to the requirements of this provision shall not be a basis for an extension of time
or additional compensation, or both. Any denial or revocation of a prior approval for
Methods of Handling Traffic requests shall not be the basis for any claim for
additional time or compensation.
�l 9
Contract # 111-2012
Budget Line Item # ll0.54.96200.87151
REVISION OF SECTION 105
CLAIMS FOR CONTRACT ADJUSTMENT
Rev.08.29.11 jaa
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.22 shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution process
for any claims filed by the Contractor.
Contract claims will follow the appropriate procedures of Subsection 105.21 except that all
claim review will be handled by Pitkin County or its duly authorized representative. The
following terms of this subsection shall be defined as follows:
Project Engineer shall be Pitkin County, Public Works Department, acting directly or
through its authorized representatives or agent.
District Engineer shall mean the Pitkin County, Public Works - Engineering Department, or
its duly authorized representative.
Chief Engineer shall mean the Pitkin County, Public Works - Engineering Department, or
its duly authorized representative.
s--v
Contract # I 11-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
REVISION OF SECTION 107
PROTECTION OF EXISTING VEGETATION
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.12 shall include the following:
A. The Contractor shall save existing vegetation in this area as directed by the Engineer,
except for those trees and shrubs which must be removed to accommodate construction of
the project as approved by the Engineer.
B. The Contractor shall perform all the work in such a manner that the least environmental
damage will result. All questionable areas or items shall be brought to the attention of the
Engineer for approval prior to removal or any damaging activity. Trees andlor shrubs that
are damaged during construction but could have been saved shall be replaced at the
expense of the Contractor.
C. The following measures shall be taken to protect existing trees adjacent to the project:
1. Fencing material shall encircle any trees whose outer drip line edge is within 20
feet of any construction activities. The fencing material shall be bright, contrasting
color, durable, and a minimum of 4 feet in height. Posts used shall be comparable
to metal T-post or heavier weight, and placed to a depth of no less than 2 feet
below ground level. Fencing material shall be placed at the drip line or 15 feet
from tree trunk, whichever is greater, and maintained in an upright position
throughout the duration of construction activities.
2. No material shall be placed or piled within the drip line of existing trees. No heavy
objects such as wood pallets, metal railings, etc., shall lean against or come into
contact with tree trunks.
3. When root cutting is unavoidable, a clean sharp cut shall be made to avoid
shredding or smashing. Exposed roots shall be covered immediately to prevent
desiccation. Where roots will be cut in a straight line, such as behind a curb or
along a sidewalk, a saw such as a concrete saw with a sharp blade that penetrates 1
foot shall be used on top of the ground prior to excavating so that the roots are not
torn or smashed during excavation.
D. Measurement and Payment: All work necessary as defined in the specifications to protect
the existing trees shall not be paid for separately, but shall be included in the cost of the
wark.
S�l
Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor may present a Bar Chart schedule in lieu of a CPM schedule to Pitkin
County at least three calendar days prior to the preconstruction conference. This
schedule shall show the major features of each phase of the project for the entire project
time frame.
Subsection 108.07 shall include the following:
The contractor shall schedule all work between 7:00 A.M. and 7:00 P.M Monday through
Friday. Construction may be allowed on weekends when approved by the Engineer.
The Contractor may make emergency repairs, and provide proper protection of the work
and traveling public at any time.
Meetings will be required to review progress and to plan upcoming activities.
Representatives from the Contractor and all active subcontractors shall attend the
meetings. Such meetings will be required on a weekly basis at a time to be determined
by Pitkin County and the Contractor. Additional meetings will be held when required by
the Pitkin County or the Contractor.
The Contractor shall submit at the weekly progress meeting a written statement of
planned work activities and anticipated inspection, testing, and surveying requirements of
the upcoming week. A twenty-four hour notice shall be provided to Pitkin County by the
Contractor if the Contractor elects to change the planned work activities.
j" z
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Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
REVISION OF SECTION 202
REMOVAL OF STRUCTURES AND OBSTRUCTIONS
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.12 shall include the following:
This work shall include the removal and disposal of the existing 11-foot diameter
corrugated multi-plate culvert. Removal of the existing concrete invert slab at the upstream
of the culvert shall be included in this item.
This work shall include the removal and disposal of the existing soldier pile/sheet metal
lagging retaining wall.
Pav Item Pay Unit
Removal of Structural Plate Pipe LF
Removal of Wall Lump Sum
f�" 3
Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specification is hereby revised for this project as follows:
In Subsection 203.05 (b) delete the first paragraph and replace with the following:
Unclassified. Excess or unsuitable excavated material, including rock and boulders, that
cannot be used in the embankments shall become the property of the Contractor and
properly disposed of outside the project limits.
In Subsection 203.14 delete the fifth paragraph and replace with the following:
No additional payment will be made for material which requires more than one handling
prior to final placement.
Subsection 203.14 shall include the following:
Proof rolling of all roadway sub grade will be required and will not be measured and paid
for separately, but shall be included in the work.
s` y
Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # 110.54.96200.87151
REVISION OF SECTION 206
EXCAVATION AND BACKFILL FOR STRUCTURES
Section 206 of the Standard Specification is hereby revised for this project as follows:
In Subsection 206.02 add the following paragraph at the end of the section:
(d) Structure Bac�ll (Special). Backfill material used in the critical backfill zone around the
pipe arch as shown in the plans shall meet the manufacturer's requirements for backfill. The
following materials are considered acceptable:
Structure Backfill (Class 1)
Aggregate Base Course (Class 4)
Aggregate Base Course (Class 6)
� f�
Contract # 111-2012 Rev.08.29.11 jaa
Budget Line Item # ] 10.54.96200.87151
REVISION OF SECTION 510
STRUCTURAL PLATE STRUCTURES
Section 510 of the Standard Specification is hereby revised for this project as follows:
Subsection 510.02 shall include the following:
The structural plate structure shall be steel (galvanized) and the minimum plate thickness
shall be 10 gage.
Pre-Approved Manufacturer:
CONTECH Bridge Solutions, Inc.
700 Tech Drive
Winchester, KY 40391
Suppliers other than those listed above may be used provided the Engineer evaluates the
proposed supplier and approves the supplier 2 business days prior to bid.
The contractor must provide the following documentation, for any proposed supplier who
is not pre-approved, at least 3 business days prior to bid:
• Product literature.
• All documentation to ensure substitution will be in compliance with project
specifications.
• Product delivery schedule to ensure project milestones can be met.
The Engineer, or his appointed representative will evaluate and verify the accuracy of the
submittal prior to bid. If the Engineer determines that the qualifying criteria have not
been met, the Contractor's proposed supplier shall be rejected. This determination shall
be final.
The structural plate shall have 6 inch x 2 inch annular corrugations. The corrugation
profile shall have AASHTO recognition for a minimum of 15 years.
The design of the structure shall be in accordance with:
AASHTO Standard Specifications for Highwav Brid�es 17th Edition with interim
revisions, Section 12 Working Stress Design.
Plates and bolted hardware shall be hot dipped galvanized. Galvanizing shall conform to
AASHTO M111 or ASTM A153.
Nuts and bolts shall conform to AASHTO M232 and M291 or ASTM A449, Type 1
(bolts) and A563, Grade C (nuts).
��
Contract # ll 1-2012
Budget Line Item # 110.54.96200.87151
Rev.08.29.11 jaa
FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the Engineer's estimate for force account items included in the
Contract. The estimated amounts marked with an asterisk will be added to the total bid to
determine the amount of the performance and payment bonds. Force Account work shall be
performed as directed by the Engineer.
BASIS OF PAYMENT
Payment will be made in accordance with subsection 109.04. Payment will constitute full
compensation for all work necessary to complete the item.
Force Account Item �stimatea �uantitv �st�ma�eu ti�
F/A Minor Contract Revisions* F.A. $39,000
f� 7
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Contract # 111-2012
Budget Line Item # 110.54.96200.87151
TRAFFIC CONTROL PLAN — GENERAL
Rev.08.29.11 jaa
The key elements of the Contractor's Method of Handling Traffic (MHT) are outlined in
subsection 630.10.
The components of the TCP for this project are included in the following:
1) Subsection 104.04 and Section 630 of the specifications.
2) Standard Plan 5-630-1
3) Manual of Traffic Control Devices (MUTCD).
Special Traffic Control Plan requirements for this project are as follows:
The Contractor shall submit a detailed Traffic Control Plan including a Method for
Handling Traffic (MHT) for each different phase of construction to the Engineer for
approval by the County at least three days prior to the start of any construction phase or
prior to any changes in traffic control. The MHT's shall include as a minimum the
requirements listed under 630.10 of the Standard Specificationse The MHT's shall also
include the following:
• Work Zones
• Special construction activities
Special Restrictions that must be met:
• No traffic lane shall be narrower than 10 feet with 1 foot shoulder.
• Maintain one lane of alternating one-way on Coal Basin Road through the project
limits, except that a full road closure of no more than ten (10) days will permitted
for removal of existing culvert and installation of new culvert.
• All concrete barriers shall have a minimum 1 foot safety separation width from
the traffic lane. This distance shall be in addition to the minimum lane and
shoulder width.
• Minimum design speed of 15 mph (posted speed of 15 mph)
All lane closures shall be subject to the approval of the Engineer. An MHT shall be approved by
the Engineer prior to any request for a lane closure. Request for each lane closure shall be made
at least 24 hours in advance of the time the lane closure is to be implemented. Lane closures will
not be allowed to remain unless being utilized continuously for the intended purpose for which
they were set up.
The Contractor shall coordinate and cooperate fully with Pitkin County, utility owners and
contractors, and other contractors to assure adequate and proper traffic control is provided.
All personal vehicles and construction equipment parking is prahibited when it conflicts with
safety, access or the flow of traffic.
The Contractor shall not have construction equipment or materials in the lanes open to trafiic at
any time, unless approved.
S �
Contract # 111-2012
Budget Line Item # I 10.54.96200.87151
-2-
TRAFFIC CONTROL PLAN-GENERAL
Rev.08.29.11 jaa
The Contractor shall schedule all work between 7:00 AM and 7:00 PM Monday through Friday.
Work at night or on weekends will be allowed only after pre-approval from Pitkin
County. If the Contractor finds it necessary to work outside of the above work
hours, he must receive approval from the Engineer and a variance must be applied
for and granted by the County Engineer
During non-construction periods, all work shall be adequately protected to insure the safety of
vehicular and pedestrian traffic, as detailed in the Contractor's MHT. Excavation holes shall be
adequately protected at all times.
Vertical cuts or fills greater than 3 inches resulting from construction operations, including
planing, adjacent to traffic lanes, shall be temporarily sloped at a 3:1 or flatter slope and
delineated at 50 foot intervals immediately after grading or removal operations in order to
safeguard the traveling public.
The Contractor and subcontractor shall equip their construction vehicles with flashing amber
lights. Flashing amber lights on vehicles and equipment shall be visible from all directions.
Sufficient Traffic Control Devices are included in the plans to cover expected construction
activities. Should the Contractor elect to utilize additional devices to enhance the operation,
the additional devices will not be paid for, but shall be provided at the Contractor's expense,
unless the use of additional devices is pre-approved for payment by the Engineer.
Prior to starting construction, the Contractor shall notify the Pitkin County Engineer of the
date the Contractor intends to start construction.
The Traffic Control Supervisor and Traffic Control Inspector shall be accessible by cellular
telephones and service, and shall be available at all times while work is occurring.
��
Contract # 111-2012
Budget Line Item # 1] 0.54.96200.87151
UTILITIES
Known utilities within the vicinity of this project are:
Rev.08.29.11 jaa
Centu Link formerl west — Phone
Attention: Mr. Jason Sharpe PH: (970) 384-4238
Holv Cross Ener�v - Electric
Attention: Mr. Jeff Franke PH: (970) 945-5491
The work described in these plans and specifications requires full cooperation between the
Contractor and the utility owners in accordance with subsection 105.11 in conducting their
respective operations so the utility work can be completed with minimum delay to all parties
concerned.
The Contractor shall be required to meet with each utility owner impacted by the work in
advance of any construction operations to coordinate required utility work with the construction
activity. Coordination with utility owners includes, but is not limited to, providing and
periodically updating an accurate construction schedule that includes all utility work elements.
Surveying and/or staking of utility relocations to be performed by the owner shall be the
responsibility of the owner.
The Contractor shall provide traffic control for any utility work expected to be coordinated with
construction operations as directed by the Engineer. However, traffic control for utility work
outside of typical project work hours or outside of project limits shall be the responsibility of the
utility owner. The Contractor shall be compensated for traffic control as per the bid items for
traffic control as established on this project.
FOR EACH UTILITY OWNER SHOWN BELOW, THE WORK LISTED UNDER
"CONTRACTOR RESPONSIBILITIES" SHALL BE PERFORMED BY THE
CONTRACTOR IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS,
OR AS DIRECTED BY THE ENGINEER. EACH UTILITY OWNER, OR THEIR
AGENTS, WILL PERFORM THE WORK LISTED UNDER "UTILITY COMPANY
RESPONSIBILITIES".
The Contractor shall keep each utility owner advised of any work being done to its facility so
that each utility owner can coordinate its inspections for final acceptance of the work with the
Engineer.
THE WORK LISTED BELOW SHALL BE PERFORMED BY THE UTILITY OWNERS
OR THEIR AGENTS:
Qwest Communication:
STA. 1+55 (Right). Locate existing telephone line in the vicinity of the existing pedestal along
Coal Basin Road. The contractor will expose the line in the excavation area. The Engineer
will observe the location to determine if it conflicts with the plan to install the new culvert.
The Contractor will support and protect the line throughout construction if it is not
relocated. If required, the owner will relocate the line.
6�
� __
Contract # 111-2012
Budget Line Item # 110.54.96200.87151
-2-
UTILITIES
GENERAL
Rev.08.29.11 jaa
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when
excavating or grading is planned in the area of underground utility facilities. The Contractor shall
notify all affected utilities at least two (2) business days, not including the actual day of notice,
prior to commencing such operations. Contact the Utility Notification Center of Colorado
(UNCC), use phone no. 1-800-922-1987, to have locations of UNCC registered lines marked by
member companies. All other underground facilities shall
be located by contacting the respective company. Utility service laterals shall also be located
prior to beginning excavation or grading.
The locations of utility facilities as shown on the plan and profile sheets, and herein described,
were obtained from the best available information and field surveying during the design process.
Utility locates or potholing was not performed during the design process.
All costs incidental to the foregoing requirements will not be paid for separately but shall be
included in the work.
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