HomeMy WebLinkAboutbocc.con.201.2013 Rev. 08-30-/1 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 201-2013
ORIGINATING DEPARTMENT: Public Works Transportation
PROCUREMENT OFFICER: Gerald Fielding PHONE#: -9205206
PROJECT NAME: 2013 Pitkin County Roads Asphalt Paving Project CONTRACTOR: FCOrittEr
Paving, Inc. �
DOLLAR AMOUNT: $38,890.00 LINE ITEM # 1 10.54.96300.82000
CONTRACT RXECUTION DATE: 9/1/2013 CONTRACT END DATE: 10/15/2013
AUTOMATIC RENCWAL: ❑ YES � NO TERM:
❑ f30CC AGENDA ITEM (Grants, IGA) � STAIT AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVGR $50,000 (Requires Section Leader& County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑ None ❑ Infonnal � Fonnal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Esempt
❑ Contract Rene�val C� �� �`7i�
»
✓ CHECK CONTRACT TYPE:
❑ Services/Maintenance ❑ Employment
❑ LicenseNse ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease ❑ Non-Profit
� Construction ❑ Quasi-Public (e.g.-AVI-1)
❑ Goods, Equipment, Supplies ❑ Grant Agrcements (Notify Finanec& Resolution Required)
❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/0: 10°/�or$25K whichever is the lesser must have County Manager signnture)
All Contracts should be proofed and all exhibits 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 Exhibits Attached
✓ � Page numbered consecutively ✓❑ All Legal Descriptions attached (ijapplicoble)
✓ � All Original Signatures Affixed ✓� Notice of Award/Notice to Proceed Attached ('fapplicable)
✓ � All Dates Filled In ✓❑ Warranty(if applicable)
✓ 0 Special Instructions for Finance Department:
✓ � Authorized Procurement Officer's Name: Gerald Fielding
BY CHECKING AI30VE ANll ENTERING NAME,THE AUTHORIZEll STAFF PERSON INDICATES THAT
THE ATTACHFll DOCUMCNT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCIIEDULE. ALL ATTACHMENTS MUST BE WITH TffiS CHECKLIST!
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' COn[ract#201-2013 Xev.07/06/2012/m 6/7/lljs
Budaet Line Item # I 10.54.963000.82000
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PITKIN COUNTY CONSTRUCTION CONTRACT
2013 Pitkiu County Road Asphalt Paving Project
THIS CONTRAC"1', made this 29th day of August 2013, by and between the Board of
County Commissioners of Pitkin County, Colorado, (hereinafrer called the "County') and
i'rontier Paving Ina (hereinafter called the "Contractor") to perform the following work: 2013
Pitkin County Road Asphalt Paving Project("Projecl").
1. Term of Contract. The term of this contract is from September 1 to October 15, 2013.
Il. Scope of Work and Work Schedule.
A. Asphalt Paving on Snowmass Creek Road and Woody Creek Road.
, B. All work performed under this Contract shall be done according to the following
work schedule:
Work to be completed by October 15, 2013, or as temperatures and specifications
allow.
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 o1' Thirty-�ight Thousand Eight Hundred
Ninety Dollars and No Cents ($ 38,890.00) in accordance with this Contract, subject to increase
or decrease in accordance with ihe provisions of this Contract; but any payment by the County
may be offset by any amount the Contractor owes the County for any reason.
A. Payment Procedures.
l. 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) days of
County's approval of Contractors pay request.
b. IP Contractor is satisfactorily performing this Contract, progress
payments shall be in an amount equal to ninety percent (90%) of the calculated
value of any Project work completed, less the aggregate of payments previously
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, � . .
made until fiFry percent (50%) of the Project work required by this Contract 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 Ofticer and County, satisfactory progress is not being made
on the Project, or if claims are filed imder 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 Yo pay such claims and any
Procurement Officer's and attorney's fees reasonably incurred or to be incurred
by County in defending or handling such claims. The withheld percentage of the
Contract Price shall be retained until the Project is completed satisfactorily and
tinally 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.
IV. Contractor's Obli�ations.
A. Supervision and Superintendence.
L 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 perPorm the Project in accordance with this Conhact. 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 shall appoint and identify to the County and Procurement
O�cer, a competent on-site superintendent to be kept on the Project at all times during
its progress and who shall not be replaced without �vrit[en notice [o 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 communications given to lhe superintendent shall be as binding as if
given ro the Conlractor.
B. Subcontractors, Suppliers and Others.
l. The Contractor shall not employ any subcontractor, supplier or other
person or organization (induding 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.
2. The identity of subcontractors, suppliers or other persons or organizations
including those who are to furnish the principal items of materials and equipment must be
submitted to the County in advance of any work performed or materials supplied under
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.
this Contract for acceptance by the County and the Procurement Ofticer. No acceptance
by the County or the Procurement Officer of any such subcontractor, supplier or other
person or organization shall constitute a waiver o1' any right of the County or the
Procurement Officer to reject defective Project work.
3. The Contractor shall be fully 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 Contract with Contractor just as Contractor is responsible for Contractor's own
acts and omissions. Nothing in this Contract shall create any Contractual relalionship
belween the County or the Procurement Officer and any such subcontractor, supplier or
other person or organization, nor shall it create any obli�ation 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 ma}' othenvise be
required by laws and regulations.
4. All Project work performed for Contractor by a subcontractor will be
pursuaut 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 oPthe County and the Procurement Officer.
C. Patent�Fees and Royalties. The Contractor shall pay all license fees and royalties
and assume all costs incident to their use in the performance of the Project or the incorporation in
the Project of any invention, design, process, product or device which is the subject of patent
rights or copyrights held by others. Contractor shall indemnify and hold harmless the County
and the Procurement Officer and anyone directly or indirectly employed by either of them from
and against all daims, damages, losses and expenses (including attorney's fees and court costs)
arising out of any infringement oP patent rights or copyrights incidental to the use in the
perforn�ance of the Project or resulting from the product ar 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, ihe Contractor shall obtain
and pay for all construction permits and licenses. The County shall assist the Contractor, when
necessary, in obtaining such permits and licenses. The Contractor shall pay all governmcntal
charges and inspection fees necessary for the prosecution of the Project. The Contractor shall
pay all charges of utilities for connections to the Project, and the County shall pay all charges oP
such utility owners for capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply
with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing
and performance of the Prqject including rules, regulations, and ordinances the County
promulga[es at any time. Except where otherwise expressly required by applicable laws and
regulations, neither the County nor the Proeurement Officer shall be responsible for monitoring
the Contractor's compliance with any Laws or Regulations.
F. Taxes. The Contractor shall pay all existing and f'uture applicable federaL state and
local sales, wnsumer, use and other similar taxes whether direct or indirect Federal excise tax
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,
may not apply to materials purchased by the County. The Contract price shall include ali other
federal, state, andfor local direct or indirect taxes, which do apply. The Contract price shall include
Yhe cost of compliance with all other Federal Laws and Regulations at no additional cost to the
County (except as provided in this Contract). The Contractor shall not be reimbursed separately for
any taxes, which may apply except as provided in this Contract, and the Contractor shall be
responsible for all taxes, which may apply. The County is tax exempt from Federal Excise Tax and
Colorado State or local sales or use taxes. The Contractor and its subcontractors shall apply to the
Colorado Department of Revenue for a Certiticate of�xemption 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 thc operations of workers to the Project site and land and
areas permitted by this Contract, law; ordinances, and permits. The Contractor shall
assume Pull 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 oP the
Project, Contractor shall promptly settle with such other party. The Contractor shall, to
the fullest extent permitted by Laws and Regulations, indemnify and hold the County
harmless from and against alf claims, damages, losses and expenses (including, but not
limited to, fees of engineers, architects, attorneys and other professionals and court costs)
arising directly, indirectly or consequentially out of any action, legal or equitable,
brought by any such other party against the County or the Procurement Officer to the
extent based on a daim arising out of the Contractor's performance of the Project.
2. During the pro�ress of the Project, the Contractor shall keep the premises
free from accumulations of waste materials, rubbish and other debris resulting from the
Project. At the completion of the Project, the Contractor shall remove all waste
materials, rubbish and debris from and about the premises as well as all tools, appliances,
construction equipment and machinery, temporary structures, stumps or portions of trees,
and surplus materials, and shall leave the site clean and ready for occupancy by the
County. The Contractor shall restore to original condition all property not designated for
alteration by this Contract.
3. The Contractor shall not load or permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall the Contractor subject
any part of the Project or adjacent property to stresses or pressures that will endan�er it.
H. Safety and Protection.
L The Contractor sl�all be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Project. The
Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protecfion to prevent damage, injury or loss to:
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a. All employees in the Project area and other persons and
orbanizations who may be aPfected thereby;
b. All the Project materials and equipment to be incorporated therein,
whether in storage on or off the site; and
c. Other property at the site or adjacent tl�ereto, 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 all property
located on the job site. This requireinent shall apply at all times during the courses of the
Contract and not only to nonnal Project work hours.
2. The Contractor shall at all times conduct the Project in such manner as
will incur the least practicable interference with traPfic and existing utility systems. No
section of any road shall be closed to the public, nor any utility system put out of serviee
except after permission, has been granted by the Procurement Ofticer. Lach item of the
Project shall be prosecuted to completion without delay and in no instance will the
Contractor be permitted to transfer its forces from an uncompleted Project to a new
Project without prior written notifcation of the Contractor to the Procurement Offieer.
Unless this Contract specitically provides for Yhe closing to traffic of any local
road or highway while construction is in progress, such road or highway shall be kept
open to all traffic by the Contractor. The Contractor shall also provide and maintain in a
safe condition temporary approaches, crossings, or intersections with roads and
highways. The Contractor shall bear all expense oP maintaining traffic over the section of
road affected-by the Project to be done under this Contract, and of construcling and
maintaining such approaches, crossing, intersections and any necessary features without
direct compensation, except as otherwise provided.
The Contractor shall provide, erect and maintain all necessary barricades, signs,
danger signals and lights to protect the Project and the safety of the public. The
Contractor's responsibility for necessary barricades, signs, and lights shall not cease until
the Project has been accepted.
I. Shop Drawings and Samples.
l. After checking and verifyin� all field measurements and atter complying
with applicable procedures specified in this Contract, the Contractor shall submit to the
Procurement Officer for review and approval in accordance with the approved schedule
of shop drawing submissions, three (3) copies (unless otherwise specitied) of all shop
drawings, which will bear a stamp or specific written indication that the Contractor has
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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 drawings 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 Offcer for review
and approval with such promptness as to cause no delay in Project, all samples required
by lhis 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, perfinent 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, m�terials, catalo�; numbers and similar data �vith respect
thereto; and reviewed or coordinated each shop drawing or sample with other shop
drawings and samples and with the requirements of the Project and this Contract.
4. At the time of each submission, the Contractor shall give the Proc�irement
OPGcer specific written notice of each variation that the shop drawings or samples may
have from the requirements of this Contract, and, in addition, shall cause a specific
notation to be made on each shop drawing submitted to the Procurement Ofticer for
review and approval of each such variation.
5. Where a shop drawing or sample is required by the specifications, no
related Project work shall be commenced prior to the Procurement Officer's review and
approval of the shop drawing or samples.
6. The cost of furnishing all shop drawings and samples shall be borne by
Contractor.
V. Perfonnance and Pavment Bond.
A. Contractar shall furnish a performance and payment bond in the amount of one
half of the total Contract value for all Contracts over $50,000, as required by C.R.S. § 38-26-105,
e� seg. All Bonds shall be in the form acceptable to the County. All Bonds signed by an agent
must be accompanied by a certified copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declared bankrupt or
becomes insolvent or its right to do business is terminated in any state or it ceases to meet the
require�nents of paragraph A of this Section, Contractor shall within five (5) days thereafrer
substitute another Bond and Surety, both of which must be acceptable to the County.
VL [ndemnity.
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A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any
jurisdiction or agency issuing permits for any work included in Yhe project, hereinafter refened to as
indemnitee, trom all suits and claims, including attorney's fees and cost of litigation, actions, loss,
damage, expense, cost or claims of any character or any nature arising out of the work done in
fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to
conPorm to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor
will be responsible for primary loss invesCigation, defense and judgment costs wl�ere this contract of
indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all
rights of subrogation against Yhe County its subsidiary, parent, associated and/or aff liated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County.
B. The Contractor further shall investigate, process, respond to, adjust, provide defense
for and defend, pay or settle all claims, demands, or lawsuits related hereto at iCs sole expense and
shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is
groundless, lalse or fraudulent.
VIL Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
saYisfied, insurance against claims for injury to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for Yhis 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 performance of the wark under this
Contract by the Contractor, its agents, representatives, employees, or subcontractors. The
Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher
limits and/or broader coverages. The Contractor is not relieved of any liability or other
obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types.
A. Coverage and'Limits of[nsurance:
Contractor sball 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"Pollowing form" basis.
1. Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
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b. This requirement shall not apply when a contractor or
subcontractor is exempt under Colorado Workers Compensation Act.,
AND when such contractor or subcontractor executes the appropriate
sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coverage B (Gmployers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability— ISO 1CG 0001 fomi or equivalent
({[�ilh Counl��ncuned addrlio�7nl inszn•ed)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence l.,imit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage (Any One Fire) $ 50,000
Medical Payments (Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal / Advertising Injury
• Products/ Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed
under contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503
(1997 Edition or equivalent)
• Additional Insured—Owners, Lessees or Coniractors isndorsement, ISO Form
2010 (2004 Edition or equivalenQ
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
�(2004 Edition or equivalent) �
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities
performed by, or on behalf of the Contractor, including completed operations".
3. Auto Liability: Bodily injury and property damage for any owned, hired, and
non-owned vehides used in the performance of this Contract.
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Minimum Limits:
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
4. Special Coverages (check as appr•opr•iale and inser•l amounl):
� (1) Performance Bond $ NA
❑ Labor and Material $
❑ Payment Bond $
❑ (2) Professional Errors and Omissions
❑ (3) Aircraft Liability
❑ (4) Owner's Protective
❑ (5) Builder's Risk
❑ (6) Boiler and Machinery
❑ (7) Loss of Use Insurance
❑ (8) Pollution Liability
❑ (9) Crime, including Employee llishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. Each insurance policy required by the insurince provisions of this
Contract shall provide the required coverage and shall not be suspended, voided or
canceled except after thirty (30) days prior written notice h�s been given to the County,
excepl when cancellation is for non-payment of premium, then ten (10) days prior notice
may be given. Such notice shall be scnt 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 Certificates of Insurance, the Contractor shall file with the
Procurement Ofticer a cerlified statcment as to claims pending against the required
coverages, reserves established on account of such daims, defense costs expended and
amounts remaining on policy limits.
2. In addition,these Certificates oPlnsurance shall contain the following clauses:
a. 7'he 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 o1' any
premiums or for assessments under any form of policy.
c. Any 1nd all deductibles or self insured retentions in the above-
described insurance policies shall be asswned by and be for the amount of,
and at the sole expense of the Contractor.
d. Location of operations shall be: "all operations and locations at
which work for the referenced Project is being done."
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3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least fifreen (15)days prior to a policy's expiration date except
for any policy expiring on the expiration date ofthis 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 Pederal 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 ro the extent permitted by law, Colorado labor shall
be employed to perform the Project to the extent of not less than eighty percent (80%) of each
type or class of labor employed on such project; except for highway construction, which is
subject to C.R.S. § 43-2-208; which provides that all laborers shall be bazn,jide residents of
Colorado wifh a preference to residents of the County where the Project is performed.
IX. Protection and Restoration of Property and Landscape; Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
1. The Contractor shall be responsible for the preservation of all public and
private property and shall carefully protect from disturbance or damage all land and
property, as well as any monuments and property marks until the Procurement Officer
has witnessed or otherwise referenced their location and shall not remove them until
directed.
2. The Contracror shall be responsible for all damage or injury to property of
any character, durinb the prosecution of the Project, resulting from any act, omission,
neglect, or misconduct in its manner or method of executing the Project, or at any time
due to defective Project work or materials, and said responsibility shall not be released
until the project shall have been compleCed and accepted.
3. When or where any direct or indirect damage ar 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 oPthe Project, or in consequence of the non-execution thereof
by the Contractor, it shall restore, at its own expense, such property to a condition similar
or equal to that existing before such damage or injury was done, by repairing, rebuilding,
or otherwise restoring as may be directed, or it shall make good such damage or injury in
an acceptable manner.
4. Materials storage, equipmenf parking, vehicle parking and stockpiling
excavated materials shall be allowed only in those areas designated by the Procurement
Officer.
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5. If the Contractor disturbs any of Uie landscape not called for removal, it
shall restore those areas as directed by thc Procurement Oflicer at the Contractor's
expense.
B. Hazardous Materials
L The County shall not be responsible for the cost of and the removal or
cleanup of Hazardous Materials found in any materials brought to the Project site, after
the Project site is turned over to the Contractor.
2. The Contractor shall provide the Procurement Officer with a written
certification each time materials or equipment is brought onto the Project site that such
materials or equipment do not contain I-[azardous Materials.
X. Countv Work at the Project Site.
A. The County may perform other work related lo the Project at the site by the
County's own forces, have other work perfonned by utility owners or let other direct contracts
therefor which shall contain terms similar to these. The Contractor shall perform and coordinate
its activities with other contractors to avoid conflict and minimize disruptions.
B. The Contractor shall afford each utility owner and other contractor who is a party
to such a direct contract (or the County if the Counry is performin� the additiona] 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 wark. 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 witl� the
written consent of Procurement Officer and the others whose work will be affected. The duties
and responsibilities of Contractor under this paragraph are for the benefit oP such utility owners
and other contractors to the extent that there are comparable provisions for the benefit of the
Contractor in said direct contracts between the County and such utility owners and other
contractars.
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), thc Contractor shall
inspect and promptly report to the Procurement OYticer in writing any delays, defects or
deficiencies in such work that render it unavailable or unsuitablc for such proper execution and
results. The Contractor's failure to report such conditions will constitule 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 Project and Use of Change Orders.
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A. The County may, from time to time, request changes in the scope of services of
the Contractor to be performed hereunder.
l. "I'he Yrocurement Officer shall issue a notice inPorming the Contractor of a
planned change in the Project and requesting the Contractor's detailed price proposal and
adjusted schedule o1'work. The Contractor shall submit a priced proposal for performing
the proposed change in the Project within fve (5) days oP 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.
Q. All Contractor initiated change requests shall be submitted to the County and the
Procurement OPficer in a lettcr or written notice with the reference notation "Contractor Change
RequesY'. If the Contractor: (i) receives any oral or written instructions, directives or
inlerpretations of Contract Documents, or detenninations from the Procurement Offcer or, (ii)
identifies what it believes are design errors or omissions in the Contract Drawings or
Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of
the Project; or, (v) becomes aware of any other matter or circumstance which it believes would
require a change in the Contract Yrice or Contract Time, the Contractor shall give the
Procurement OPticer prompt written notice of such matters.
l. All Contractor change requests shall be dated, numbered sequentially, and
shall describe the action or event which the Contractor believes may require an extension
in time, price or other modification. The Contractor shall also provide descriptions of
possible Contractor actions or solutions to minimize the cost of the Contractor change
request and, provide an estimate of the adjustment in the Contract price and/or Contract
time, which it believes is appropriate.
2. Contractor Time Requirements.
a. With respect to orders, instructions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this
Contract, a Contractor change request shall be submitted before the
Contractor acts on them, but in no event more than ten (10) consecutive
calendar days after they were received or discovered.
b. With respect to any differing site conditions, a Contractar change
request shall be submitted before the conditions are disturbed, but in no
event more than ten (10) consecutive calendar days after the conditions are
first discovered.
c. With respect to delays, a Contractor change request shall be
submitted as soon as the Contractor has knowledge of the delay, but in no
event more than ten (]0) 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
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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 afrer 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 malter, 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 Contractar change request is
submitted provide the Procurement Officer with a complete and itemized
proposal of Contract price and time adjustments. The proposal shall also
contain a detailed explanation, citing all applicable provisions in ihis
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 Ol'ticer, in his/her
discretion may have granted in writin�, it waives any claim Por an
adjustment in the Contract price or Contract time arising out of the act or
event described in the Contract change request.
a 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 paragraphs 2(a-d) of this Section.
X[I. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of
Defective Project Work.
A. Wananty.
1. 'Che Contractor warrants and guarantees to the County that all Project work,
whether supplied, furnished, installed, provided; or perfornied by Contractor, a
subcontractor, or supplier, will be in accordance with this Contract and will not be defective
and that all Project work shall be perfornied in a skillPul and workmanlike manner.
Additionally, the Contractor shall warrant that all equipment which is incorporated into the
Project or any subsystem shall be new, free from liens and defects in design, have clear title,
be free from faulty materials and workmanship, and shall conform in all aspects to the terms
of this Contract, to the drawings issued for manuFacture by the Contractor, and shall be in
conformance with the those technical specifications provided in Section ll (Scope of Work)
of this Contract and Contraclor's Proposal. Except where longer periods of warranty are
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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
from date ot' Pinal Payment. Landscaping replacement shall be wareanted for two (2)
growing seasons.
2. With respecl to all warranties, express or implied, tcom subcontractors,
manufacturers, or suppliers for Project work perPormed and mlterials furnished under the
Contract,the Contractor shall:
a. Obtain all warranties that would be given in normal commercial
practice. To the extent that the subcontractor's, manufacturer's, or supplier's,
standard warranty exceeds the minimum County requirements as set forth in
t'his Section or elsewhere in this Contract, the subcontractor's,
manufacturer's; or supplier's standard warranty shall apply.
b. Require all warranties to be executed, in writing, for thc benetit of
the County, if directed by the Procurement Officer; or
c. Enforce al] warranties 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 Officer and the Procurement OPticers
represenYatives, other representatives of the County, testing agencies and governmental agencies
with jurisdictional interests shall have access to the Project, at any time for their observation,
inspecting and testing. Contractor shall provide proper and safe conditions for such access.
C. Tests and Inspections.
1. The Contractor shall cooperate with material testing persons and finns, and
for required inspections, and compliance and approval tests for the work performed by the
Contractor or its subcontractor.
2. If any laws, ordinances, rules, regulations, code or order of any public body
having jurisdiction requires any Project work (or part thereofl to specifically be inspected,
tested or approved, the Contractor shall assume full responsibility therefore, pay 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
Cotmty's or the Procurement Officers acceptance of a supplier of materials or equipment
proposed to be incorporated in the Project, or of materials or equipment submitted for
approval prior to the Contractor's purchase thereof far incorporation in the Project. The cost
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of all inspections, testing, re-testing and approvals in addition to the above which are
required by this Contract shall be paid by the Contractor (unless otherwise specitied). The
County will conduct and pay for the conformance tests on materials installed in-place, and
the Contractor shall pay for re-testing of all failing and non-confonning materials thereafrer.
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
perYormed by organizations acceptable to the Procurement Officer.
4. If any Project work (induding the work of others) that is to be inspected,
tested or approved is covered without writlen concurrence of the ProcuremenY Of1icer, it
inust 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 die Procurement Officer nor inspeetions, 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 shall promptly, as directed, either correct all defective Project work,
whether or not fabricated, installed or completed, or, if the Project work has been rejected by the
Procurement Ofticer or the County, remove it from the site and replace it with non-defective Project
work. The Contractor shall bear all direct, indirect and consequential costs of such correction or
removal (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) made necessary thereby.
E. Conection Period. If within two (2) years after the date of�inal Payment or such
longer period of time as may be prescribed by laws or by thc terms of any applicable special
guarantee required by the Contract Documents or by any specific provision of the Contract
Documents, any Project work is found to be defective, the Contractor shall promptly without cost to
County and in accordance with County's written instructions, either conect such defective Project
work, or, i1'it has been rejected by County, remove it from the sile and replace it with non-dei'ective
Project work. If the Contractor does not promptly (within seven (7) days from receipt) comply with
the terms oP such instructions, or in an e�nergency where delay would cause serious risk of loss or
damage, the Coimty may have the defective Project work corrected or the rejected Project work
removed and replaced, and all dircct, indirect and conscquential costs of such rcmoval and
repl�cement (including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to
other Project work, other properry, or person, which occurred as a result of the defective Project
work.
F. County May Correct Defective Work. If the Contractor Pails within ten (10)
consecutive calendar days ai[er written notice of the Procurement Officer or the County to proceed
[o correct and to correct deFective Project wark or to remove and replace rejected Project work as
required by the Procurement Officer or the County in accordance with paragraph D of this Section,
or if the Contractor fails to perform the Project work in accordance with the Contract Documents, or
if the Contractor fails to comply with any other provision of the Contract Doeuments, the County
15
inay, after seven (7) days' written notice to the Contractor, correct and remedy any such deticiency.
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 exdude the
Contractor from all or part of the site, take possession oP all or part of the Project, and suspend the
Contractor's services related thereto, take possession of the Contractor's tools, appliances,
construction equipment and machinery at the site and incorporate in the Project all materials and
equipment stored at the site or for which the County has paid the Contractor but which are stored
elsewhere. 7'he Contractor shall allow the County, the County's representatives, agents and
employees such access to the site as may bc necessary to enable the County to exercise the rights
and remedies under this para�raph. All direct, indirect and consequential costs of the County in
exercising such rights and remedies will be charged against the Contractor, and a Change Order will
be issued by the County incorporating the neccssary revisions in the Contract price. Such direct,
indirect and consequential costs will include but not be limited to iees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and replacement
of work oP others destroyed or damaged by correction, removal or replacement of the Contractor's
defectivc Project work. The Contractor shall not be allowed an extension oP lhe Contract time
because of any delay in performance of ihe Project work attributable to the exercise by the County
of the County's rights and remedies hereunder.
XIIL Liquidated Damaees. [t is the County's intent to complete this project no later than
October 15, 2013. Liquidated damages of($ 400.00) 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 Yroject work and the time of completion
as specified herein are essential conditions of the Contract. The Contractor agrees that said Project
shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion
within the time(s) specified. It is expressly understood and agreed, by and between the Contractor
and the County, that the time(s) for completion of the Project described herein are reasonable
time(s) far the completion of the Project, taking into consideration the average climatic conditions
prevailing in the locality of the Project.
13. Time is of the Essence to the Contract. It is further agreed that time is of the
essence in completing the Project, and that the Project Work Schedule and all dates set forth therein
and where in this Contract, an additional time is allowed for the completion of the Project, the new
time limit fixed by such extension shall be of thc essence ot the Contract.
C. Liquidated Damages. Completion oPthe Project is oPparamount importance to the
County. [f any portion of the Project is not completed in accordance with any time extensions
granted by the County, the Counly will sufter damage, the extent of which will be impractical and
extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the
Contract, it is hereby agreed that the Contractor shall pay to the County the liquidated damage
amounts specified in the ContracL This particular provision shall not be construed as a penalty
upon said Contractor Por 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 Counry for all costs
incurred as a result of such breach of Contract.
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D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays", as contained in paragraph E of this Section, the Contractor expressly agrees to
pay the County as a reasonable estimate ofjust compensation for damages contemplated with the
clause, the amount set forth as liquidated damages for cach consecutive calendar day that
completion is delayed in the construction ot'the Project.
L. Excusable Delays - Force Majeure. If; by reason of Force M�jeure, any party hereto
shall be rendered unable wholly or in part to carry out its obligations under this Contract then such
parly shall give notice and full particulars of such Force Majeure in writing to the other parry within
a reasonlble 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 oPthe liability then claimed, but for no longer period, and any such party shall remove
or overcome such inability with all reasonable dispatch. The term Force Majeure as employed
herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public
enemy, orders of any kind of the Govemment of the United States or the State of Colorado or any
political subdivision, except ihe 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 c�uses not reasonably within the control of die party
claiming sucll 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 �orce Majeure shall be remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by acceding to the demands oPthe opposing party or parties when
such settlement is unfavorable to it in thejudgment of the party having the difficully.
F. Cumulative Remedy. The liquidated damages referred to herein are intended to be
and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at
law, in equity, by statute, or under Contract.
XIV. Termination of Contract.
A. The County may terminate this Contract upon the occurrence of any one or more of
the following events:
l. If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code (Title II, United States Code), as now or hercafter in effect, or iP
Contractor takes any equivalent or similar action by f ling a petition or otherwise under any
other federal or state law in effect at such time relating to the bankruptcy or insolvency;
2. If a petition is filed against Contractor under any chapter of the Bankruptcy
Code as now or hereafier in effect at the time of filing, or if a petition is filed seeking any
such equivalent or similar relief against Contractor under any other federal or state law in
effect at the time relating to bankruptcy or insolvency;
3. If the Contractor makes a general assignment for the benefit of creditors;
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4. If a trustee, receiver, custodian or agent of Contractor is appointed under
applicable law or under Contract; �vhose appointment or authority to take charge of property
oY Contractor is for the purpose of enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit of Contractor's creditors;
5. If'the Contractor persistently fails to perform the Project in accordance with
this Contract including but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the work schedule established in this
Contract;
6. If lhe Contractor disregards laws, ordinances, rules, regulations; or orders of
any public body having jurisdiction;
B. 'femiination Prior to rxpiration of Contr2ct Term. "I'he County has the right to
terminate this Contract, with or without cause, by giving written notice to the Contractor of such
termination and specifiying thc effective datc thereot'. Such notice shall be given at least ten (]0)
days before the effective date of such termination. In such event all fmished or unfinished
documents, data, sludies and reports prcpared by the Contracfor 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, Contraclor shall not
be relieved of liability to the County for damages sustained by tl�e County by ��irtue of any
breach of the Contract by the Contractor.
XV. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them
contemplated by the contract is that oP independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of
Pitkin Cotmty.
B. Contraetor is not required to otfer 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 sen�ices and deliverable products required under this
contract are submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in Uie performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
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F. The Contractor shall be required to complete and submit ro the County, a Form W-9
Taxpayer ldentification Number Request.
XVI. Computation of Time.
A. When any period of time is referred to in this Contract by days, it will be computed
to exclude the first and include the last day of such period. [f the last day of any such period falls on
a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation.
B. All times stated in this Contract are of the essence.
XVI►. Records and Cost Pricin� Data.
A. The Contractor shall maintain in a saPc place at the site one record copy of all
Drawings, Specifications, Addenda, Written Amendmcnts, Change Ordcrs, Project Directive
Changes, I'ield Orders and writtcn interpretations and clarifications in good ordcr and annotated
and updated weekly to show all changes made during construction. These record documents
together with all approved samples wilf be available to the Procurement Officcr for reference.
Upon completion of the Project, these record documents and samples will be delivered to the
Procurement OPficer for the County.
13. The Contractor shall maintain all data and records pertinent to the Project performed
under this Contract, in accordance with generally accepted accounting principles, and shall preserve
and make available all data and records until the expiration of three (3) years irom the date of tinal
payment under this Contract, or tor such longer period, iPany, as is required by applicable statute or
by other articles of this Contract. "I'he County shall have access to all such data and records for such
time period to inspect, audit and make copies thereof during nonnal business hours. The Contractor
covenants and agrees that it shall require that any subcontractor utilized in the performance of this
Contract pemiit the authorized representatives of ihe County to similarly inspect and audit all data
and records of said subcontractors relating to thc perfomiance of said subcontractors under this
Contract for the same time period.
C. If this Contract is completely or partially terminated, the records relating to the
Project temiinated shall be made available for three (3) ycars after any residting final termination
payment.
D. Records pertaining to appeals or to litigation or the settlement of clai�ns arising
under or relating to the performancc of this Contract shall be made available until disposition of
such appenls, litigation, or claims.
XVlll. 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.
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B. Binding Arbitration. Any disputes arising out ol'ihis Contract shall be subject to
binding arbitration. 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 American Arbitration Association and shall be presided over by the
Pitkin County I-learing Ofticer appointed lo arbitrate Pitkin County Contract disputes. Costs of
the arbitration shall be awarded to the substanlially prevailing party.
C. Severability. If any tenn, section, or other provision of this Contract shall, for any
reason, be held to be invalid or unenPorceable, the invalidity or unenforceability of such term,
section, or other provision shall not affect any of the remaining provisions oY lhis Contract, and
to this end, each term, section and provision of this Contract shall be severable.
D. Integration and Moditication. This Contract represents the entire and integrated
Contract between the County and the Contractor and supersedes all prior negotiations,
representations, or Conlract, either writlen or oral. This Contract may be amended only by written
Contract signed by both the County and the Contractor.
E. Contract Made in Colorado. The parties �gree that this Contract was made in
accordance with the laws of the State oP 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 arbitration described in this section, the substantially
prevailing party shall be entitled to its costs and reasonable attomey's fees.
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, 24-10-101, ei sey.,
C.R.S.; as from time to time amended; or othenvise available to Pitkin County or any of its
off cers, agents or employees. Purther, nothing in this Contract shall be construed or interpreted to
require or provide for indemnification of the Contractor by the County for any injury ro any person
or any property damage whatsoever which is caused by the negligence or odler misconduct of the
CoLmty 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 Porth herein. No provisions of the Contract shall constitute a mandatory eharge
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 the following: (1) hand delivery to the person at the address below ar (2) by certified
first class mail, postage prepaid, return receipt requested addressed as follows:
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1. To Pitkin Co�mty with copies to:
Gerald Fielding, County Engineer Pitkin County Attorney's Offce
76 Service Center Road 530 T. Main Street, #302
Aspen, Colorado 8161 1 Aspen, Colorado 81611
970-920-5374 [ax: (970) 920-5198
2. To Contraclor:
Frontier Paving Inc.
Charles I:Ilsworth, President
854 Bedrock Lane
Rifle, CO. 81650 Fax: 970-625-2715
J. Waiver. No waiver by either parry of airy right, tenn or condition of this Contract
shall be deemed or construed as a waiver of any oUier right, term or condition, nor shall a waiver
oP any breach hereof be deemed Yo constitute a waiver of any subseq�ient breach, whether of the
same or ol'a different provision oPthis Contract.
XIX. Contractor's Representations.
A. In order to induce County to enter into this Contract, Contractor makes the
lollowing representations:
l. Contracror has familiarized himself with the nature and extent of this
Contract, Project, locality, and with all local conditions and federal, state, and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress, or
performance of Project.
2. Contractor has carefully studied the site and has performed all necessary
investigations, tests, and subsurface investigations to define the latent physical conditions
of the construction site affecting cost, progress, or performance of Project.
3. Contractor has made or caused to be inade examinations, investigations,
and tests and studies of such reports and related data as it deems necessary for the
performance of Project at the Contract price, within the Contract time, and in accordance
with the other terms and'conditions of this Contract; and no additional examinations,
investigations, tests, reports, or similar data are or will be required by Contractor for such
purposes.
4. Contractor has correlated the results of all such observations,
examinations, investigations, tests, reparts and data with the [erms 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 Ofticer is acceptable to Contractor.
21
6. By executing this Conlract, 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. 7�he undersigned representative of Contractor represents that it is an
authorized representative of Contractor for the purposes of executing this Contract and
that it has full and complete authority to enter into this Contract on behalf of Contractor.
XX. Countemarts. This Contract may be executed in multiple counterparls, each oi' which
shall constitute an original, but all oPwhich sliall conslitute one and the same document.
XXI. Public Contracts for Services and Public Contracts �vith Natural Persons. [n 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 CONTRACTS FOR SGRVIC�S. CRS §8-17.5-101. [NotApplicable to agreemeitls
relnting lo tlre offer, issunnce, or srde of securilies, investment ndvisory services or fimd
manngement services, sponsore�!projects, intergovernmenlni ngreements, or informnlion
technnlogy services or producls nnd services] Contractor certil ies, warrants, and agrees that it
does not knowingly employ or conh�act with an illegal alien who will perform work under this
contract and will confirm the employinent eligibility of all employees who are newly hired for
employment in the United States to perfonn work under this contract, through paRicipation in
the E-Verify Program or the Department program established pursuant to CRS 58-17.5-
102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perl'onn
work under this contract or enter into a contract witl� a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor(a) shall not use E-Verify Program or Department
program procedures to undertake prc-cmployment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and thc contracting State agency within
three days if Contractor has actual knowledge that a subcontractor is employing or contracting
with an illegal alien for work under this contract, (c) shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and (d) shall comply with rcasonable requcsts made in the course of an
investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor
and Emplo}�ment. If Contractor participates in the Department program, Contractor shall deliver
to the contracting State agency, Institution of Higher Gducation or political subdivision a written,
notarized affirmation, affirming that Contractor has examined the legal work status of such
employee, and shall comply witl� all of the other requirements ot'Yhe Department program. If
Contractar fails to comply with any requirement oPthis 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 PCRSONS. CRS §24-76.5-101. Contractor, if a
natural person eighteen (18)years of age or older, hereby swears and affirms under penalty ot'
perjury that he or she(a) is a citizen or otherwise lawfidly present in the United States pursuant to
22
federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced
one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract.
AUUENDUM.
[Other provisions to be inserted here if' needed. The County Attorney shall approve any
additional language added to this contract with the exception of language pertaining to technical
specifications]
IN WITNESS WHEREOI�, the parties have executed this Contract as of the date first sct out
herein above.
CONTRACTOR ro N{;Q� �OQ� : � J -j-N C ,
(Comp� y name) � �
s��d4�,.�.. �'���� /'rps ;d?e� T
Name � J / � TiUe
� �
Date
>
PITKIN COUNTY, COLORADO �
MANAGER APPROVAL: '., SGCTION iAPPROVAL:
- ;
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Jon Peacock, County Manager Date Brian Pettet Date
Public Works Director
RECOMMENDED FOR APPROVAL:
Gerald F�elding, nty Engineer Date
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Contract#201-2013 � Rev.08.29.11 jaa
Budget Line Item # I10.54.963000.82000
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PROPOSAL FORM
Proposal Time: 1:00 pm MDT
Proposal Date: August 22, 2013
From: Frontier Paving Inc.
854 Bedrock Lane / PO Box 1167
Rifle, CO 81650 / Silt, CO 81652
Phone 970-625-2224 Fax• 970-625-2715-• �F
E-mail Address:rellc(�a so�ris.net
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To: THE PITKIN COiJNTY BOARD OF COiINTY CO[vIMISSIONERS
c% Gerald Fielding, County.Engineer '
76 Service Center Road'Aspen; CO'8161.1
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For: 2013 Pitkin County Road Patching Project '
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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 Projcct,
including the availability of matcrials 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 smn of:
The lump sum of Thirty-F.ight Thousand 6ight Hundred Ninety&00/100DO1I8[S (�38,890.�� )
The project will be completed within 2 working days of initiating the Project.
Description:
See bid schedule
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Contract#201-2013 Rev.0829.11 jaa
Budget Line Item # I]0.54.963000.82000
Statement and Detailed Approach to Project: Both project work;tems are similar in scope and
will follow these guidelines: Notification to Pitkin County prior to start of work. Traffic Control Plan
T�..n'riPd F�rl3r mnm'n8 trafF��nntrnl cPt��Saw nit all aci halt nn milling inrindPd Ramnve with
. excavator to required depth per bid schedule. Finish rol]existing material. No import of base
material. Furniah and place hot mi�c asphalL Cleanup work area. Demobilization of equipment and traffic
control.
PI'OpOSed project tittlClltlC: Frontier PavinA Inc.will mobilize within 3 days of all contract docume�ts
in place with a one day work schedule for each location.
Proposed Payment Schedule: Payment 3o days aher invoice.
QualificationsofProposer: � � ;
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Please insert names address, phone numbers and description of si(�ilar Project for Reference
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1. Roaring Fork Club- ]00 Arbaney Rd,Baself,CO 51621'� � � � ' '
Chris-970-927-60601 �
Furnish and Insta113"�&4"Asphalt,saw cut,excavation,pond liner '
for holes 1,8,9, 13, 14 and River Cabin� " ' �" '"�' '� � '
2. Town of Silt-PO Box 70,Silt,CO S 1652
Jerry-970-876-2353
Fumish and Install 2 1/2"Asphalt Mat on 7th- lOth Street Trail
3. Batdement Mesa Metro Distric[-PO Box 6116.Battlement Mesa,CO 81636
Steve RiDDY-970-285-9050 �
Fumish and Install 2"Asphal[oveday,sweep and tack coat
QUAL[FICATIONS OE PERSONNEL
Please list assigned personnel and their qualifications
], DaveHeiberger
Qualifications: See Attached
List of similar Project performed: See Attached
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Related personnel experience for trail construction projects only includes all duties of Estimator, Project
Manager,Supervisor for Pitkin County Trail construction projects including the below segments :
The erush Creek Trail Project from HWY 82 to Snowmass including bridge placement
8rush Creek intercept Iot to Smith Hil{
Cemetery Lane to Aspen segment
Upper and Lower River Rd
Various segments from Basalt to EI Jebel
Additional RFTA Projects with similar work scope include,
RFTA treil construction of a 5 mile segment between Glenwood Springs &Carbondale.
References
Pitkin County Open Space and Trails . _ _ _.
76 Service Center Road a'
Aspen, Colorado 81611 ���; , �
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970-920-5399 �
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GarryTennenbaum � ,
Road&Bridge Department ' , ''
76 Service Center Rd
Aspen CO 81611
970-920-5390 .
Bert Pearce
RFTA
07661ndustry Way
Carbondale CO
Mike Hermes
384-4974
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Contract#20I-2013 Rev.0829.11 jaa
Budge[Line Itcm # 110.54.963000.82000
Reference Name, &Phone Number. See nttached
z• Damian Ellsworth
Qualifcations: �4 Years experience in earth moving,grading,asphalt paving and underground
utilities. �
List of similar Project performed:
Roarding Fork Club
Town of Silt
Battlement Mesa Metro District
Reference Name, &Phone Number: Roaring Fork Club-Chris-970-927-6060,Town of Silt
Jerry-970-876-2353 and Batdement Mesa Metro District-Steve Rippy-970-285-9050
3, Jeff Armstrong -' '
Qu81i�Cation5: �5 Years experience in earth moving,grading,underground utili[ies a�d asphalt
paving . . . � , �.. . .
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List of similar Project p�erformed; '
Roarding Fork Club �'
... .._. . _ '.
Town of Sil[ ' '- --�'�' �� � '
Batdement Mesa Metro DisVict
Reference Name, & Pllone Number: Roaring Fork Club-Chris-970-927-6060,Tow�of Silt
Jerry-970-876-2353 and Batdement Mesa Me[ro Dis[rict-Steve Rippy-970-285-9050
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 (]0) days from
specified time for receiving proposals.
The Proposer acknowledges receipt of Addenda Nos. 1
The rig6t is reserved to waive any informalities and to reject any Proposal.
(Type/Print name under all signatures)
Dated this Z!St day of August ,2013
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Cnnrracr#20i-1013 Ree 8.25.l l jou
Budgei Line Item H IIO.Sd963000.82000
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Project Contract # 201-2013
ADDENDUM # 1
August 20,2013
TO: ALL PROPOSERS ON PROPOSAL 2013 Pitkin ComtTy Road Asphalt Paving Project.
This letter is to cla�ify the Request for Proposals on 2013 Pitkin County Road Asphalt Paving
Project, recently submitteci to your company for review. The following clarifications or changes
are required.
e See new attached bid schedtile for quantity changes �
o Snowmass Creelc paving shall be 5,'•total,thickness, �„ _ . . - G;
• Woody Creek Road paving shall be,3"total thickness� �• = '- �. ��
• Snowmass Creek Road includes remo,val of one lane width of asphalt ;
Woody Creek Road removafs ai�e only for tie in areas. ' �'-- '
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Thank you for reviewing tl�is Request for Proposals and considering submitiing a proposal. If you
have a�iy fiuther questions concernnig the proposal documents or this letter clarifying what is
requireci,please contact me at 970-920-5206.
Sincerely,
/ �
erald Fie ding, County Engin r
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Contract#201-2013 Rev.08.29.1 I jaa
Budget Line Item # 110.54.963000.82000
(Corponte seal) PROPOSER:
/v Frontier Paving Inc.
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� • harles Ellsworth,President
- �_ - 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[he officer
. �signing shall be attested to by the secretary and properly sealed. If the proposalis 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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Bid
Schedule
Snowmass Creek road
Item Unit Quantity Price/unit Prite
202 Removal of asphalt sq yds 431 $ ' 10.00 $ 4 310.00
403 5" Patching asphalt tons 118 $ 130.00 $ 15,340.00
626 Mobilization Is 1 $2,300.00 $ 2,300.00
630 Traffic Control Is 1 $ 1,300.00 $ 1,300.00
Woody Creek road �
Item Unit Quantity Price/unit Price
202 Removal of asphalt sq yds 400 7.00 2 800.00
403 3"Patching asphalt tons 66 S 140.00 $ 9,240.00
626 Mobilization Is 1 $ 2,600.00 $ 2,600.00
630 Traffic Control Is 1 1 000.00 l 000.00
TOtel $38,890.00
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Contract# 201-2013 Rev. 8.31.11 jna
Budget Line Item# I 10.54963000.82000
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NOTICG OF AWARD
Date: August 29, 2013
To: Frontier Paving Inc.
854 Bedrock Lane
Rifle, CO 81650
The Owner, having duly considered the Proposal submitted on'August 22, 2013, far the
work or purchase covered by the Contract Document tiUed 2013 Pitkin Count}� Road
Asphalt Paving Project in the amount of Thirty- Eight Thousand Eight Hundred Ninety
Dollars and No Cents ( $ 38,890.00), and it appearing that the Price and other
information in your Proposal Form is fair, equitable and to the best interest of the Owner,
the offer in your Proposal Form is heieliy accepted:-- z
In accordance with tHe terms of the Contract Documents, you are required to execute the
Agreement in one original of contract within ten (10) consecutive days from this Notice
of Award.
In addition you are required to turnish in the said time Certiticates of Insurance
evidencing compliance with the requirement for insurance as stated in the Contract
Documents to
Gerald Fielding, County Engineer
76 Service Center Road
Aspen, CO 81611 Fax: 970-920-5374
PITKIN COUNTY
By:�// �' �
Gerald Pielding, County Gngineer
___________________===ACCEPTANCE OF NOTICE°=°°°______
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General Notes:
UTILITIES
I. The contractor shall call [he utility notification center of Colorado(ITNCC) I-800-922-
1987 for utiliry locations at least 2 business days,not including the day of the actual
notification,prior to any excavation.
2. 'I'he following is a list of known ulilities with service wi[hin the project area and their
respective contact individuals. Additional utilities may be encountered within the project
limits.The contractor is responsible for coordinating all [he work being done. All the utility
companies wi[hin Ihe project area.
Enti contact Ip ione
Holy Cross Encr�y(electric) JeffFranke 970-945-5491
Century Link(Quest)(phone) Jason Sharpe 970-384-0238
Xfiniry(ComcasQ(cable) Michael Johnson 970-925-431 I
Source Gas Carla 970-928-0407
OUANTITIES.RATES
I. Asphalt shall bc HMA 58-28 SX(75)as specified in the project manual
DRAINAGE AND WATGR OUALITY
I. Control of surface runoff and the repair of damages resulting from runoff during
construction is solely the responsibility of the contractor and shall be included in the work.
CONSTRUCTION
I. All construction shall be in accordance with the 2011 Colorado Department oT
Transportation Standard Specifications for Road and Bridge Construction; and as
subsequentty revised; and in accordance with the plans and specifications included herein.
2. No construc[ion shall take place over the following holidays and special events:
Listed Federal Holidays as per CDOT specifications for Road and Bridge Design
3. All materials and workmanship shall be subject to inspection by the Pitkin County Gngineer
or designee. The County reserves the righl to accept or reject any such materials and
workmanship that do no[confonn to the plans and specifications listed herein.
4. The contracror shall limit construction activities to those areas within the R.O.W. limit.Any
disturbance beyond these limits shall be restored to the original condition by the contractor
at the contractor's e�pense.Construction activities in addi[ion to normal construction
procedures shall indude the parking of vehicles or equipment, disposal of debris or any
other action which could alter the existing condition.
5. Where cutting of asphalt pavement is required,the cutting shall be done to a neat work line
with a saw or cutting wheel,as approved by Ihe Counry Engineer or designee.This work
will not be paid for separately,but shall be included in the work.
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Rev 03/OS/08js
Snowmass Creek
• Construction hours are 8:30 am to 6:30 pm daily. The convactor may request additional
hours and weekends wi[h prior approval from Ihe County Engineer.
• One lane of traffic is[o remain open at all times. Temporary lane closure as permitted in the
project special provisions during construction.
• Construction shall be completed during the months of September and October with all work
being completed no later than October 15,2013.
Woodv Creck
• Construction hours are 8:30 am to 6:30 pm daily.The contractor may request additional
hours and weekends with prior approval from the County Engineer.
• One lane of traffic is to remain open at all times. Temporary lane closure as permitted in the
project special provisions during construction.
• Construction shall be completed during the months of September and October with all work
being completed no later than Oc[ober 15, 2013.
INSPECTION AND TESTING
l. Project inspection and[esting will be provided by the Coimty Engineer or County
Representative,contrac[or to provide 24 hour notice for all required tests.
2. Any materials shall be compacted ro 9�%of eidier Marshall Value or Standard proctor.
SIGNING AND TRAFFIC CONTROL
1. Construction traffic control shall conform to the manual on Unifonn Traffic Control
Devices(MUTCD)and CDOT M&S Standards.The contractor will be required to submit a
method of handling traffic(MHT)to the Engineer for approval for each phase of work.
2. A certitied Traffic Control Supervisor shall be required before NOTICE TO PROCEED is
issued
3. The Traffic Control Supervisor shall be onsite and available by cell phone or radio.
4. The contractor shall determine where to srockpile material or store equipment for the
project."I�raffic control measures required to accommodate material and equipment storage
shall be included in the MHT.The staging area shall be approved by the County Engineer
or designee
REMOVAL OF ASPHALT MAT(plannina)
l. Planning of asphal[shall be in designated areas by the County Engineer or his designee.
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2. All asphalt materials generated from this operation is the responsibility of the contractor
and shall be disposed in a properly.
3. Any access asphalt materials that the contractor may not want the County may have use for
and will need to be approved by the County Engineer.
PATCH ING
1. Patching and paving shall be Grading SX (75)58-28.
2. Patching shall be in areas designated by the County Engincer or designee.
3. All removals shall either be done by mill or by a neat saw cut,or as directed by the County
Engineer or designee.
4. Patches shall have a minimum of 5"of asphalt as designated by the County Gngineer or
designee.
PUBLIC NOTICE
I. Public notices to include type of work for expectcd delays, date and length for each phase
of project and shall be sent to the County one week prior to commencement of work.
2. Pitkin County will be responsible for sending[o newspapers and radio stations.
FORCE ACCOUNT
I. All Force Account Work(FA) will be paid for by time and material+10%
METHOD OF MEASUREMENT
A. Payment shall be for all items as delineated in the sheets attached hereto.
Snowmass Creek Road
T}'pical section`A"
Existing Pavement 5° ateh
Woody Creek Road
Typical Section `B"
3"overla
Existin avement
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Project Special Provisions for Pitkin County Paving
COMMENCCMENT AND COMPLETION OF WORK
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor's progress schedule shall not be a Bar Chart Schedule.A CPM schedule is required.
Salient features to be shown on the Contractor's Progress Schedule are:
1) Notice to Proceed
2) Mobilization
3) Asphalt Paving
4) ABC CI 6 Placement
5) Cleanup and Demobilization
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REVISION OF SECTION 101
DF,FINITIONS AND TERMS
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 10139 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) Consultont Project Engineer.The consultant employee under the responsible charge of
the consultanYs 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 Engineers duties are delegated by the County Engineer in
accordance with the scope of work in the consultanYs contract with the County. The
Consultant Project Engineer is not authorized to sign or approve Contract Moditication
Orders.
Subsection 101.58 Region Trensportation Director shall be defined as the Pitkin County
Engineer.
Subsection 101.70 State shall mean Pitkin County,Colorado (where applicable).
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REVISION OF SF.CTION 105
CONTROL OF WORK
Subsection 105.10 shall include the following:
At any time Contractor is performing the Work, and at other times as necessary, the Supervisor shall be
present at the Site. Contractor represents that the Supervisor is highly qualified and has an excellent
record of experience and performance on work similar to the Work. Contractor shall not replace the
Supervisor without the County's concurrence, which shall not be unreasonably withheld so long as the
proposed replacement has equivalent or better qualifications. So far as reasonably possible, Contractor
shall keep the same Supervisor and workers on the job throughout the performance of the Work. The
Supervisor shall be fully knowledgeable regarding the Work and the requirements of the Contract
Documents. The Supervisor shall be authorized to respond to the needs and requirements of the
County without obtaining further authorization. If the Contractor fails to have adequate supervision on
the Site, the County may cause all Contractor's employees to cease work until adequate supervision is
provided, at the Contractor's cost, including any associated delay. At its discretion, the County may
require Contractor to replace its Supervisor on twenty-four (24) hours' notice without any increase in
the Contract Price.
Subsection 105.16 shall include the following:
All materials and each part or detail of the work shall be subject at all times to inspection by the County.
The Contractor will be held strictly to the true intent of the Specifications in regard to quality of
materials, workmanship, and the diligent execution of the Contract. The County shall be allowed access
to all parts of work and shall be furnished with such information and assistance by the Contractor as is
required to make a complete and detailed inspection.
The County will provide materials testing. The Contractor shall give the County timely notice of
readiness of the Project for all required inspections, tests or approvals. The Contractor shall furnish all
labor and facilities necessary to accommodate inspections and tests. If any law, rule, regulation, code,
or order of any public body having jurisdiction requires any work (or part thereof) to specifically be
inspected, tested, or approved, the Contractor shall assume full responsibility thereof, pay all tosts in
connection therewith and furnish the County with the required certificates of inspettion, testing or
approval. The Contractor shall also be responsible for and shall pay all costs in connection with any
inspection or testing required in connection with the County's acceptance of a manufacturer,fabricator,
supplier or distributor of material or equipment proposed to be incorporated in the Project, or of
material or equipment submitted for review prior to the Contractor's purchase thereof for incorporation
in the Project. The cost of all other inspections, test and approvals required by the Contract Document
shall be paid by the Contractor(unless otherwise specified). In the event any test does not pass initially,
and therefore must be performed again, the Contractor shall pay for all such cost. The Contractor shall
not be paid separately for inspections, tests, and approvals but shall include testing, inspections, and
approvals in the costs to perform the Work.
All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or
order of any public body having jurisdiction shall be performed by organizations acceptable to the
County. If any part of the Project that is to be inspected, tested or approved is covered without
concurrence of the County, it'must, if requested by the County, be uncovered for observation. Such
uncovering shall be at the Contractor's expense.
Subsection 105.22 shall be revised as follows:
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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.
Add subsection 105.25 as follows:
105.25 Pitkin County — Construction Manager — Contractor Relations. This Contract includes proposed
improvements for Pitkin County. The County will act as the Construction Manager and Contract
Administrator and all correspondence related to the Contract shall be directed to the County in writing.
The Contractor shall be responsible for all coordination with the County regarding inspections, material
submittals, and approvals for the public improvements.
The Contractor shall keep on the work at all times during its progress a competent resident
superintendent, who shall not be replaced without written notice to the County except under
extraordinary circumstances. The superintendent shall have full authority to act on behalf of the
Contractor, and all directions given to the superintendent shall be considered given to the Contractor.
All notices, demands, requests, instructions, approvals, proposal and claims by the Contractor shall be in
writing to the County. The Contractor shall keep the County informed, at all times, of the progress of
work and schedule of construction.
Add subsection 105.26 as follows:
105.26 Site Cleanliness. Contractor shall keep its work areas in neat, orderly and safe condition at all
times and ensure that neither it nor its subcontractors, nor others for whom it is responsible, create any
hazardous or unsafe conditions which might affect others on or off-site. On a daily basis Contractor shall
remove all rubbish, waste and debris resulting from the Work and dispose of in a designated trash bin
and shall ensure that all materials, supplies and equipment are properly and safely stored. The
Contractor shall also remove all mud, dirt and debris from the all road surface being used by the
traveling public. No additional payment shall be made for such efforts.
As part of the Completion of Work, Contractor shall remove from the Site all waste materials, rubbish,
tools, construction equipment, machinery and surplus materials, stumps or portions of trees and shall
leave the Site in a clean condition. Materials cleared from the site and deposited on property adjacent
to the site will not be considered as having been disposed of satisfactorily. The Contractor shall leave
the Site in a condition generally comparable to the original condition.
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RF,VISION OF SECTION 106
CONTROL OF MATERIAL
Section 106 of the Standard Specifications is hereby revised for this project as follows:
All references to "DepartmenY' shall be replaced with "County." All references to the "DepartmenYs
Field Materials Manual" shall be replaced with "CDOT's field Materials Manual."
Subsection 106.06 shall include the following:
Materials will be sampled and tested by the Contractor in accordance with Section 106.06 and with
procedures contained in CDOT's Field Materials Manual. The approximate quantity represented by each
sample will be as set forth in subsection 106.06, Table 106-2 and 106-3. Additional samples may be
selected and tested at the County's discretion.
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REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSII3ILITY TO PUBLIC
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.02 is hereby revised to include the following:
Unless otherwise specified, the Contractor shall procure all permits and licenses, pay all charges, fees,
and taxes, including permits procured for this project by others, and give all notices necessary and
incidental to the due and lawful prosecution of the work. The costs of these permits will not be paid for
separately, but shall be included in the work.
Prior to beginning work,the Contractor shall furnish the Owner with a written list of all permits required
for the proper completion of the Contrad. The list shall clearly identify the types of permits that must
be obtained before work on any particular phase or phases of work can be started. Copies of the fully
executed permits shall be furnished to the Owner upon request.
All permits and licenses necessary for the prosecution of the Work shall be secured by the Contractor.
Storm water discharge permit has not yet been obtained and is the responsibility of the Contractor.
The Contractor is responsible for obtaining the following permits:
1) Permits required by Pitkin County and the City of Aspen
2) CDPS Stormwater Construction Permit from CDPH&E
3) Dewatering Permit
4) Any other permits not listed are the Contractor's responsibility
Subsection 107.19 is hereby revised to include the following:
The County will be responsible for the securing of all necessary rights of way in advance of construction.
Any exceptions will be indicated in the Contract. The Contractor shall construct this project within the
proposed right-of-way, permanent easements, permanent drainage easements, and temporary
construction easements as shown on the plans. Any additional temporary construction easements that
the Contractor wants shall be obtained by the Contractor at his expense. No time extensions will be
granted by the Owner for the Contractor to obtain these additional easements.
Temporary fence, where required, shall be constructed within the limits of the temporary construction
easements.
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REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT
Section 202 of the Standard Specifications is hereby revised for this project as follows:
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing asphalt mat, which varies in thickness,shall be removed in a manner that minimizes
contamination of the removed mat with underlying material. The removed mat shall become the
property of the Contractor and be disposed of by any one or more of the following described methods:
I) Use in embankment construction in accordancc with subsection 203.06.
2) Place matcrial in bottom of fills as approved by the County.
3) Place material in subgrade soft spots as directed by the County.
Subsection 202.11 shall include the following:
The removal of the existing asphalt mat will be measured by the area in square yards, regardless of
actual depth, completed to the required depth and accepted.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Asphalt Mat(Full Depth) Square Yard
The accepted quantities will be paid for at the contract unit price for each of the pay items listed above
that appear in the bid schedule. Payment shall be full compensation for the work.
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REVISION OF SCCTIONS 401 AND 403
PLANT MIX PAVEMGNTS—CENERAL AND HOT MIX ASNHALT
Sections 401 and 403 of the Standard Specifications is hereby revised for this project as follows:
Subsection 401.02 shall include the following:
All mix designs shall be run with a gyratory compaction angle of 1.25 degrees. Form 43 will establish
construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the
mix design optimum.
A minimum of 1 percent hydrated lime by weight of the combined aggregate shall be added to the
aggregate for all hot mix asphalt.
Subsection 403.03 shall include the following:
If liquid anti-stripping additive is added at the plant, an approved in-line blender must be used. The
blender shall be in the line from the storage tank to the drier drum or pugmill. The blender shall apply
sufficient mixing action to thoroughly mix the asphalt cement and anti-stripping additive.
The Contractor shall construct the work such that all roadway pavement placed prior to the time paving
operations end for the year, shall be completed to the full thickness required by the plans. The
Contractor's Progress Schedule shall show the methods to be used to comply with this requirement.
Subsection 403.05 shall include the following:
Aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, emulsified asphalt, and all
other work necessary to complete each hot mix asphalt item will not be paid for separately, but shall be
included in the unit price bid.
Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for
separately, but shall be included in the work.
Pavement replacement, if required due to potholing, will not be measured and paid for separately, but
shall be included in the work. Pavement replacement shall be accomplished in accordance with the
appropriate sections of the specifications.
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TRAFFIC CONTROL PLAN—GENERAL
The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection
630.09. The traffic control plan (TCP) is one of the components of the transportation management plan
(TMP).
The components of the TCP for this project are included in the following:
1) Subsection 104.04 and Section 630 of the specifications
2) Signing plans
3) Suggested construction phasing and traffic control plans
4) Detour detai�s in the plans
During the construction of this project,traffic shall use the present traveled roadway.
Single lane closures will be permitted with the approval of the County.
The Contractor shall, not less than 5 working days prior to the start of Work, submit to the County for
approval of the TCP. The TCP shall include Uniformed Traffic Control (UTC) if required for any part of the
project. In the event UTC may be required, Contractor shall coordinate with the local Police Department
(CCPD) and use only CCPD for its UTC.
Additional closures shall be approved by the County. The Contractor will be allowed to work days or
nights, but not both in the same week unless approved by the County.
The proposed MHT shall include items in accordance with Section 630 Transportation Management Plan
and this Traffic Control Plan specification. Any temporary exceptions to these requirements shall be
identified in the MHT by location and duration and shall be approved by the County.
Traffic shall be carried on a paved surface at all times. The Contractor shall apply final pavement Yo any
milled surface within 168 hours (7 days) of the milling operation on this project, in accordance with
Revision of Section 202—Removal of Asphalt Mat(Planing).
The Contractor shall install traffic control devices where they do not block or impede other existing
traffic control devices or sidewalks for pedestrians, disabled persons or bicyclists. The Contractor is
restricted from storing any materials, construction traffic control devices, signs, etc. in any median
areas.
At the completion of each day's work longitudinal vertital edges adjacent to traffic lanes shall be
temporarily sloped at a 3:1 or flatter slope. These areas shall be delineated at 55-foot intervals
immediately after removal operations to safeguard the traveling public.
Construction equipment used on this project shall meet the same minimum exhaust requirements as
those specified by the manufacturer of the equipment.
The Contractor and subcontractors shall equip their construction vehicles with flashing amber lights.
Equipment to be used at night shall also be equipped with flashing amber lights. Flashing amber lights
on vehicles and equipment shall be visible from all directions.
The Contractor shall maintain access to all roadways, side streets, access roads, walkways, alleyways,
driveways, and hike/bike paths at all times unless otherwise approved by the County. Parking areas
temporarily disturbed by construction activities shall be restored to useable condition during non-
working hours. Such temporary parking shall utilize an all weather surface. The Contractor shall
develop an Access Maintenance Plan in coordination with, and based on requirements of, the affected
property owners and tenants, and submit it to the County for approval prior to commencement of work.
This plan shall detail all barricades, ramps, signs, and temporary means of access required by the
property owners or tenants. This plan shall also indicate the areas where equipment will be stored,
vehicles parked,and construction signs and materials stored, if within the project limits.
The Access Maintenance Plan shall be coordinated with all affected owners and tenants. The Access
Maintenance Plan shall include documentation of this coordination, including the approval signature of
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each affected owner or tenant. Should the Contractor be unable to obtain approval and signatures,
documentation of the efforts made to obtain approval and signatures must be submitted. All access
shall be maintained on surfaces equal to or better than those existing at the time the access is first
disturbed. For short periods of time, only as allowed by the County, access may be maintained on an
aggregate base course surface.
The Contractor shall maintain continuous access throughout the project for pedestrians, bicyclists, and
disabled persons. When the existing access route is disturbed by construction, a temporary all-weather
access shall be provided. All temporary access shall be a minimum of 5 feet wide and meet Americans
with Disabilities Act (ADA) requirements. Acceptable all-weather surfacing shall be concrete or asphalt
surface, or as approved by the County. Delineation of pedestrian access through the work area shall be
accomplished using temporary plastic fencing.
The costs of maintaining access will not be paid for separately, unless otherwise provided, but shall be
included in the work. Utilization of materials to be incorporated into the work may be permitted.
However, any degradation or other contamination or destruction shall be corrected at the Contractor's
expense prior to acceptance.
During non-construction periods (weekends, holidays, etc.) all work shall be adequately protected to
insure the satety of vehicular and pedestrian traffic, as detailed in the Contractor's MHT. Excavations or
holes shall be filled in or fenced when unattended.
Whenever the Contractor removes, obliterates, or overlays any pavement markings, he shall replace
them on a daily basis prior to opening the affected areas to traffic. All temporary pavement markings
shall fully comply with the Standard Specifications and Special Provisions.
The Contractor shall not have construction equipment or materials in the lanes open to traffic at any
time unless directed by the County.
All personal vehicle and construction equipment parking is prohibited where it conflicts with safety,
access, or the traffic flow. Landscaped areas and roadway shoulders shall be kept clear of parking and
storage of all personal and construction equipment except where approved by the County.
The Contractor shall not place tack coat on any surface to be paved where traffic will be forced to travel
upon fresh bituminous materials.
The Contractor shall maintain temporary drives at any existing establishment that has singular access,
unless otherwise approved in writing by the property owner and County.
No work that interferes with traffic will be allowed on holidays or any day of three-day or four-day
weekend that includes a holiday. Holidays on which this restriction applies consist of those holidays
recognized by the State of Colorado as listed in subsection 101.33.
All lane tlosures shal� be subject to the approval of the County. Request for each closure shail 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 in continuum for the intended purpose for which they were set
up. All anticipated lane closures shall be submitted to the County by 10:00 a.m. on Wednesday of the
preceding week.
During non-working hours the roadways shall be restored to safe travel conditions for the free flow of
traffic. Any maintenance required to restore the roadways to this condition, including the pavement
patching and grading,shall be done prior to opening the areas to traffic or completing work for the day.
The Contractor shall clean the roadway of all construction debris before opening it to traffic.
All flagging stations used at night shall be illuminated with floodlights. Street, highways lights and high
mast lighting may be used for flagging station illumination when approved by the County. Floodlights
shall be located and directed so as not to interfere with the sight of any motorists.
Prior to removal and resetting of any sign the Contractor and County shall prepare an inventory. Any
signs damaged due to the Contractor's operations shall be replaced in kind or repaired by the Contractor
at no additional cost to the project.
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Unless noted otherwise, all costs incidental to the foregoing requirements shall be included in the
original contract prices for the project, including any additional traffic control items required for haul
routes into the project. Temporary fence required for protection of the work will not be paid for
separately but shall be included in the work.
Subsection 630.16 shall include the following:
Traffic Control will be paid as Lump Sum. The Contractor shall become familiar with the project,
construction phasing, and required construction methods in order to provide a Traffic Control Lump Sum
that includes all work as shown in the plans and specifications.
Payment for Traffic Control will be full compensation for furnishing, installing, erecting, certifying,
cleaning, maintaining, resetting, repairing, replacing, moving, removing, and disposal of the following
items: Construction Traffic Signs and Posts, Sequencing Arrow Panels, Drum Channelizing Devices,Traffic
Cones, Tubular Markers, Concrete Barriers (Temp), Barricades (Temp�, Flashing Beacons, Portable
Message Sign Panels, Impact Attenuators (Temp), Pavement Marking Paint, Pavement Marking Tape,
and Raised Pavement Markers (Temp).
Traffic Control Inspection, Traffic Control Management, Pilot Car Operation, and Flagging will not be
measured and paid for separately, but shall be included in the work.
Preparation and implementation of the Transportation Management Plan (TMP) will not be measured
and paid for separately, but shall be included in the work.
The accepted quantities will be paid for at the contract unit price for each of the pay items listed below
that appear in the bid schedule.
Payment will be made under:
Pay Item Pay Unit
Traffic Control Lump Sum
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May 2, 2013
REVISION OF SECTION 108
LIQUIDATED DAMAGES
Section 108 of the Sfandard Specifications is hereby revised for this project as follows:
In subsection 108.09 delete the schedule of liquidated damages and replace with the following:
Original Contract Amount($) Liquidated Damages per Calendar Day($)
From More Than To And Includin
0 250,000 400 .
250,000 500,000 700
500,000 1,000,000 1,100
1,000,000 2,000,000 1,600
2;000,000 4,000,000 2,500
4,000,000 10,000,000 3,300
10,000,000 ------------- 3,300 plus 200 Per EachAtlditional 1,000,000
Contract Amount or Part Thereof Over
10,000,000
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