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Home My WebLink Aboutbocc.con.050.2014 Rev. 08-30-11 Rs COUNTY CLERK'S CONTRACT COVERSHEET CONTRACT #: 050-2014 ORIGINATING DEPARTMENT: Engineering PROCUREMENT OFFICER: G.R. Fielding PHONE #: -9205206 PROJECT NAME: Frying Pan Chip Seal CONTRACTOR: Old Castle SW Group, Inc., dba United Companies of Mesa County DOLLAR AMOUNT: $811,950.00 LINE ITEM # 110.54.96300.82722 CONTRACT EXECUTION DATE: 4/1/2014 CONTRACT END DATE: 12/31/2014 AUTOMATIC RENEWAL: ❑ YES ® NO TERM: To August 15 ❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ® OVER $50,000 (Requires Section Leader& County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑ None ❑ Informal ® Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ❑ Employment ❑ License/Use ❑ Intergovernmental Agreement(Resolution Required) ❑ Lease Q.Non-Profit ® Construction ❑ Quasi-Public (e.g.-AVH) ❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required) ❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment (C/O: 10%or$25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all exhibits and notices must be attached for the following: ✓ ® No Pages Missing ✓® All Other Blanks Filled In ✓ ® If Page Left Intentionally Blank—Note on Page ✓® All Exhibits Attached ✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (f applicable) ✓ ® All Original Signatures Affixed ✓® Notice of Award/Notice to Proceed Attached (if applicable) ✓ ® All Dates Filled In ,✓❑ Warranty(if applicable) ✓ ® Special Instructions for Finance Department: ✓ ® Authorized Procurement Officer's Name: G.R. Fielding BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! I I Contract# 50-2014 Rev. 8.31.11 jaa Budget Line Item# 110.54.96200.82722 ‘pler.K. N QVNT3 m - NOTICE OF AWARD Date: March 25, 2014 To: Oldcastle SW Group, Inc., dba United Companies of Mesa County The Owner, having duly considered the Proposal submitted on March 14, 2014, for the work or purchase covered by the Contract Document titled 2014 Frying Pan Chip Seal in the amount of$ 811,950.00, and it appearing that the Price and other information in your Proposal Form is fair, equitable and to the best interest of the Ownef, the offer in your Proposal Form is hereby accepted. _ In accordance with the terms of the Contract Documents, you are required to execute the Agreement in one original of contract within ten (10) consecutive days from this Notice of Award. In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to Gerald Fielding, County Engineer 76 Service Center Road Aspen, CO 81611 970-920-5206 PITKIN COUNTY By: �nty Gerald tie ding, 4tEngineer ACCEPTANCE OF NOTICE Receipt of the ab ye Notice of Award is hereby acknowledged By ab thisnthday of March , 2014. Kyle Alpha lltle General Manager • Intentionally Left Blank z Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 PITKIN COUNTY CONSTRUCTION CONTRACT 2014 FRYING PAN CHIP SEAL PROJECT THIS CONTRACT, made this 26 day of March 2014, by and between the Board of County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and Oldcastle SW Group, Inc.,dba United Companies of Mesa County (hereinafter called the "Contractor") to perform the following work: 2014 FRYING PAN CHIP SEAL PROJECT. I. Term of Contract. The term of this contract is from April 1, 2014 to August 15, 2014,2014. II. Scope of Work and Work Schedule. A. See Exhibit `A' B. All work performed under this Contract shall be done according to the following work schedule: See Exhibit `A' i III. Payment. The County agrees to pay,and the Contractor agrees to accept, in full payment for the performance of this Contract, the total price of Eight Hundred Eleven Thousand Nine Hundred Fifty Dollars and No Cents ($ 811.950.00) in accordance with this Contract, subject to increase or decrease in accordance with the provisions of this Contract; but any payment by the County may be offset by any amount the Contractor owes the County for any reason. A. Payment Procedures. 1. Contractor shall submit applications for payment every 30 days for work done to date. 2. Progress payments. a. County shall make progress payments, within thirty (30) days of County's approval of Contractor's pay request. b. If Contractor is satisfactorily performing this Contract, progress payments shall be in an amount equal to ninety percent(90%)of the calculated value of any Project work completed,less the aggregate of payments previously made until fifty percent(50%)of the Project work required by this Contract has been performed. 3 Contract # 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 Thereafter, County shall pay all remaining progress payments and maintain only existing retainage if, in the opinion of the Procurement Officer and County, satisfactory progress is being made on the Project. If, in the opinion of the Procurement Officer and County, satisfactory progress is not being made on the Project,or if claims are filed under Section 38-26-107,Colorado Revised Statutes,as amended, County may retain such additional amounts as County may deem necessary to assure completion of the Project or to pay such claims and any Procurement Officer's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of this Contract. Progress payments shall not constitute final acceptance of the Project. 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 Obligations. A. Supervision and Superintendence. 1. The Contractor shall supervise and direct the Project competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Project in accordance with this Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Project complies accurately with this Contract. 2. The Contractor shall appoint and identify to the County and Procurement Officer, a competent on-site superintendent to be kept on the Project at all times during its progress and who shall not be replaced without written notice to the County and the • Procurement Officer except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. B. Subcontractors, Suppliers and Others. 1. The Contractor shall not employ any subcontractor, supplier or other person or organization (including those acceptable to the County and the 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 this y Contract # 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 Contract for acceptance by the County and the Procurement Officer. No acceptance by the County or the Procurement Officer of any such subcontractor, supplier or other person or organization shall constitute a waiver of 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 relationship between the County or the Procurement Officer and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of the County or the Procurement Officer to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 4. All Project work performed for Contractor by a subcontractor will be pursuant to an appropriate Contract between the Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of this Contract for the benefit of the County and the Procurement Officer. C. Patent Fees and Royalties. The Contractor shall pay 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 claims,damages, losses and expenses(including attorney's fees and court costs)arising out of any infringement of patent rights or copyrights incidental to the use in the performance of the Project or resulting from the product or device not specified in this Contract,and shall defend all such claims in connection with any alleged infringement of such rights. D. Permits. Unless otherwise provided in this Contract,the Contractor shall obtain and pay for all construction permits and licenses. The County shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution ofthe Project. The Contractor shall pay all charges of utilities for connections to the Project,and the County shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. E. Laws and Regulations. The Contractor shall be familiar with and shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing and performance of the Project including rules, regulations, and ordinances the County promulgates at any time. Except where otherwise expressly required by applicable laws and regulations,neither the County nor the Procurement Officer shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. • F. Taxes. The Contractor shall pay all existing and future applicable federal, state and local sales,consumer, use and other similar taxes whether direct or indirect.Federal excise tax may not S • Contract # 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 apply to materials purchased by the County. The Contract price shall include all other federal, state, and/or local direct or indirect taxes, which do apply. The Contract price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the County(except as provided in this Contract). The Contractor shall not be reimbursed separately for any taxes,which may apply except as provided in this Contract,and the Contractor shall be responsible for all taxes, which may apply.The County is tax exempt from Federal Excise Tax and Colorado State or local sales or use taxes.The Contractor and its subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or subcontractor's purchase of construction material or building materials is for use in a building, structure,or other public work owned and used by the County. G. Use of Premises. 1. The Contractor shall confine construction equipment,the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by this Contract, law, ordinances, and permits. The Contractor shall assume full responsibility for any damage to any such land or area, or to the County or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Project. Should any claim be made against the County or the Procurement Officer by any such owner or occupant because of the performance of the Project,Contractor shall promptly settle with such other party. The Contractor shall, to the fullest extent permitted by Laws and Regulations,indemnify and hold the County harmless from and against all claims,damages, losses and expenses(including,but not limited to,fees of engineers,architects,attorneys and other professionals and court costs)arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the County or the Procurement Officer to the extent based on a claim arising out of the Contractor's performance of the Project. 2. During the progress of the Project,the Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Project. At the completion of the Project,the Contractor shall remove all waste materials,rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery,temporary structures, stumps or portions of trees,and surplus materials,and shall leave the site clean and ready for occupancy by the County. The Contractor shall restore to original condition all property not designated for alteration by this Contract. 3. The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Project or adjacent property to stresses or pressures that will endanger it. H. Safety and Protection. 1. The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 a. All employees in the Project area and other persons and organizations who may be affected thereby; b. All the Project materials and equipment to be incorporated therein, whether in storage on or off the site; and c. Other property at the site or adjacent thereto, including trees, shrubs, lawns,walks, pavements, road-ways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including the safety of all persons who may enter on the job site for any reason and the security of all property located on the job site. This requirement shall apply at all times during the courses of the Contract and not only to normal Project work hours. 2. The Contractor shall at all times conduct the Project in such manner as will incur the least practicable interference with traffic and existing utility systems. No section of any road shall be closed to the public, nor any utility system put out of service except after permission, has been granted by the Procurement Officer. Each item of the Project shall be prosecuted to completion without delay and in no instance will the Contractor be permitted to transfer its forces from an uncompleted Project to a new Project without prior written notification of the Contractor to the Procurement Officer. Unless this Contract specificallyprovides for the closing to traffic of any local road or highway while construction is in progress, such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition temporary approaches,crossings,or intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over the section of road affected by the Project to be done under this Contract,and of constructing and maintaining such approaches,crossing, intersections and any necessary features without direct compensation, except as otherwise provided. 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. 1. Shop Drawings and Samples. 1. After checking and verifying all field measurements and after 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 specified)of all shop drawings, which will bear a stamp or specific written indication that the Contractor has satisfied the 7 Contract# 50-2014 Budget Line Item# 110.54.96300.82722 1/23/2014 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 Officer for review and approval with such promptness as to cause no delay in Project, all samples required by this Contract. All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission and will be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which intended. 3. Before submission of each shop drawing or sample,the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto; and reviewed or coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the Project and this Contract. 4. At the time of each submission, the Contractor shall give the Procurement Officer 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 Officer for review and approval of each such variation. 5. Where a shop drawing or sample is required by the specifications,no related Project work 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. Performance and Payment Bond. A. Contractor shall furnish a performance and payment bond in the amount of one half of the total Contract value for all Contracts over$50,000,as required by C.R.S. § 38-26-105,el seq. All Bonds shall be in the form acceptable to the County. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of paragraph A of this Section, Contractor shall within five(5)days thereafter substitute another Bond and Surety, both of which must be acceptable to the County. VI. Indemnity. 8 • Contract# 50-2014 Budget Line Item# 110.54.96300.82722 1/23/2014 A. The Contractor agrees to indemnify,hold harmless and,not excluding the County's right to participate,defend the County,its subsidiary,parent,associated and/or affiliated entities,successors, or assigns,its elected-officials,trustees,employees,agents,volunteers,and any jurisdiction or agency issuing permits for any work included in the project,hereinafter referred to as indemnitee,from all suits and claims,including attorney's fees and cost of litigation,actions,loss,damage,expense,cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act,claim or amount arising or recovered under workers'compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible for primary loss investigation,defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. B. The Contractor further shall investigate,process,respond to,adjust,provide defense for and defend,pay or settle all claims,demands,or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto,even if the claim,demand or lawsuit is groundless,false or fraudulent. VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under this Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of liability not less than those stated below. An umbrella and/or excess liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a"following form" basis. 1. Statutory Workers' Compensation: Colorado statutory minimums a. Policy shall contain a waiver of subrogation against the County. 9 Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 b. This requirement shall not apply when a contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 2. Commercial General Liability–ISO 1 CG 0001 form or equivalent (With County named additional insured) Minimum Limits: General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Each Occurrence Limit $ 1,000,000 Personal/Advertising Injury $ 1,000,000 Fire Damage (Any One Fire) $ 50,000 Medical Payments (Any One Person) $ 5,000 Coverage to include: • Premises and Operations • Explosions, Collapse and Underground Hazards • Personal /Advertising Injury • Products / Completed Operations • Liability assumed under an Insured Contract (including defense costs assumed under contract) • Independent Contractors • Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form 2010 (2004 Edition or equivalent) • Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037 (2004 Edition or equivalent) • The policy shall be endorsed to include the following additional insured language on the Additional Insured Endorsements specified above: "County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". • to Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 3. Auto Liability: Bodily injury and property damage for any owned;hired, and non-owned vehicles used in the performance of this Contract. Minimum Limits: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 4. Special Coverages (check as appropriate and insert amount): ® (1) Performance Bond $405,975.00 n Labor and Material $ ® Payment Bond $ 405,975.00 ❑ (2)Professional Errors and Omissions n (3) Aircraft Liability ❑ (4) Owner's Protective ❑ (5)Builder's Risk n (6) Boiler and Machinery ❑ (7) Loss of Use Insurance n (8)Pollution Liability n (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. Each insurance policy required by the insurance provisions of this Contract shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days prior written notice has been given to the County, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. Such notice shall be sent directly to (County Representative's Name& Address). If the insurance carrier will not provide the required notice, the Consultant/Contractor and or its insurance broker shall notify the County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days of receipt of insurers' notification to that effect. Simultaneously with the Certificates of Insurance, the Contractor; shall file with the Procurement Officer a certified statement as to claims pending against the required coverages, reserves established on account of such claims,defense costs expended and amounts remaining on policy limits. 2. In addition, these Certificates of Insurance shall contain the following clauses: a. The contractor's insurance shall be primary and non-contributory with any insurance or self insurance purchased by the County. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles or self insured retentions in the above- described insurance policies shall be assumed by and be for the amount of,and at the sole expense of the Contractor. Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 d. Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." 3. Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen(15)days prior to a policy's expiration date except for any policy expiring on the expiration date of this contract or thereafter. 4. The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this contract. VIII. Exemptions and Preferences. A. All purchases of construction or building or any other materials for any Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be • employed to perform the Project to the extent of not less than eighty percent(80%) of each type or class of labor employed on such project;except for highway construction,which is subject to C.R.S. § 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the Project is performed. IX. Protection and Restoration of Property and Landscape; Hazardous Materials. A. Protection and Restoration of Property and Landscape. 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 Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the Project, resulting from any act, omission, neglect, or misconduct in its manner or method of executing the Project, or at any time due to defective Project work or materials, and said responsibility shall not be released until the project shall have been completed and accepted. 3. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct by the Contractor in the execution of the Project,or in consequence of the non-execution thereof by the Contractor, it shall restore, at its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or it shall make good such damage or injury in an acceptable manner. / 2_ Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 4. Materials storage,equipment parking,vehicle parking and stockpiling excavated ' materials shall be allowed only in those areas designated by the Procurement Officer. 5. If the Contractor disturbs any of the landscape not called for removal,it shall restore those areas as directed by the Procurement Officer at the Contractor's expense. B. Hazardous Materials 1. The County 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 Hazardous Materials. X. County Work at the Project Site. A. The County may perform other work related to the Project at the site by the County's own forces,have other-work performed by utility owners or let other direct contracts therefor which shall contain terms similar to these. The Contractor shall perform and coordinate its activities with other contractors to avoid conflict and minimize disruptions. B. The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the County if the County is performing the additional work with the County's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with theirs. The Contractor shall do all cutting,fitting and patching of the Project that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Procurement Officer and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the County and such utility owners and other contractors. C. If any part of the Contractor's Project depends for proper execution or results upon the work of any such other contractor or utility owner(or the County), the Contractor shall inspect and promptly report to the Procurement Officer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Project except for latent or non-apparent defects and deficiencies in the other work. XI. Changes in the Project and Use of Change Orders. /3 Contract# 50-2014 Budget Line Item ft 110.54.96300.82722 1/23/2014 A. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. 1. The Procurement Officer shall issue a notice informing the Contractor of a planned change in the Project and requesting the Contractor's detailed price proposal and adjusted schedule of work.The Contractor shall submit a priced proposal for performing the proposed change in the Project within five(5)days of notice or such other time acceptable to both parties. When the Contractor and the County reach agreement on the adjustments to the Contract price and/or Contract time, and changes in the Project, such adjustments shall be promptly recorded in an executed Change Order. B. All Contractor initiated change requests shall be submitted to the County and the • Procurement Officer in a letter or written notice with the reference notation "Contractor Change Request". If the Contractor: (i)receives any oral or written instructions,directives or interpretations of Contract Documents, or determinations from the Procurement Officer or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications,or(iii)encounters a differing site condition; or, (iv) is delayed in the progress of the Project; or, (v)becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Procurement Officer prompt written notice of such matters. 1. All Contractor change requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor believes may require an extension in time,price or other modification. The Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor change request and, provide an estimate of the adjustment in the Contract price and/or Contract time, which it believes is appropriate. 2. Contractor Time Requirements. a.- With respect to orders, instructions, directives, interpretations, determinations,or the discovery of any errors or omissions in this Contract,a Contractor change request shall be submitted before the Contractor acts on them,but in no event more than ten(10)consecutive calendar days after they were received or discovered. b. With respect to any differing site conditions, a Contractor change request shall be submitted before the conditions are disturbed,but in no event more than ten (10) consecutive calendar days after the conditions are first discovered. c. With respect to delays,a Contractor change request shall be submitted as soon as the Contractor has knowledge of the delay, but in no event more than ten (10) consecutive calendar days therefrom. y Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 d. With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a Contractor change request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than ten (10) consecutive calendar days after the Contractor becomes aware of such circumstance or matter. 3. Submittal Requirements and Waiver of Claims a. If the Contractor does not submit a Contractor change request within the time required above, any action by the Contractor related to such order, direction,instruction, interpretation,determination,design error or omission, or other matter, including delays or differing site conditions, will not be considered by the County as a change to the Project and the Contractor waives any claim for an adjustment on the Contract price or the Contract time. b. The Contractor shall, at the time a Contractor change request is submitted provide the Procurement Officer with a complete and itemized proposal of Contract price and time adjustments. The proposal shall also contain a detailed explanation, citing all applicable provisions in this Contract, which supports the Contractor change request. If the Contractor does not submit its itemized proposal within the time described above or within such extension, which the Procurement Officer, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract price or Contract time arising out of the act or event described in the Contract change request. c. If a Contractor change request is denied by the Procurement Officer, in whole or in part,any claim for an increase in the Contract price or Contract time arising out of the act or event described in the Contractor change request is waived unless the Contractor timely complied with the provisions of paragraphs 2(a-d) of this Section. XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Project Work. A. Warranty. 1. The Contractor warrants and guarantees to the County that all Project work, whether supplied,furnished,installed,provided,or performed by Contractor,a subcontractor,or supplier,will be in accordance with this Contract and will not be defective and that all Project work shall be performed in a skillful and workmanlike manner. Additionally, the Contractor shall warrant that all equipment which is incorporated into the Project or any subsystem shall be new, free from liens and defects in design, have clear title, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of this Contract, to the drawings Contract# 50-2014 Budget Line Item# 110.54.96300.82722 1/23/2014 issued for manufacture by the Contractor,and shall be in conformance with the those technical specifications provided in Section II (Scope of Work) of this Contract and Contractor's Proposal. Except where longer periods of warranty are indicated for certain items, Contractor warrants Project work, whether furnished, installed, provided, performed or supplied by Contractor,a subcontractor or supplier,to be free from faulty materials and workmanship and that each piece of equipment or any part thereof incorporated into the Project or any subsystem shall conform to the aforementioned warranty and guarantee provisions and be free from failure for a period of not less than 2 years from date of Final Payment. Landscaping replacement shall be warranted for two (2) growing seasons. 2. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Project work performed and materials furnished under the Contract,the Contractor shall: a. Obtain all warranties that would be given in normal commercial practice. To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty exceeds the minimum County requirements as set forth in this Section or elsewhere in this Contract,the subcontractor's,manufacturer's,or supplier's standard warranty shall apply. b. Require all warranties to be executed, in writing, for the benefit of the County, if directed by the Procurement Officer; or c. Enforce all 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 Officer's representatives,other representatives of the County,testing agencies and governmental agencies with jurisdictional interests shall have access to the Project,at any time for their observation,inspecting and testing. Contractor shall provide proper and safe conditions for such access. C. Tests and Inspections. 1. The Contractor shall cooperate with material testing persons and firms,and for required inspections, and compliance and approval tests for the work performed by the Contractor or its subcontractor. 2. If any laws, ordinances, rules, regulations, code or order of any public body having jurisdiction requires any Project work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Procurement Officer the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or re-testing required in connection with the County's or the Ib Contract 11 50-2014 Budget Line Item# 110.54.96300.82722 1/23/2014 Procurement Officer's acceptance of a supplier of materials or equipment proposed to be incorporated in the Project, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Project. The cost of all inspections, testing, re-testing and approvals in addition to the above which are required by this Contract shall be paid by the Contractor(unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place, and the Contractor shall pay for re- testing of all failing and non-conforming materials thereafter. 3. All inspections,tests or approvals other than those required by laws,ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be performed by organizations acceptable to the Procurement Officer. 4. If any Project work(including the work of others)that is to be inspected,tested or approved is covered without written concurrence of the Procurement Officer, it must be uncovered for observation. Such uncovering and testing when required by the Procurement Officer shall be at the Contractor's expense. 5. Neither observations by the Procurement Officer nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Project in accordance with this Contract. D. Correction or Removal of Defective Work. If required by the Procurement Officer or the County,the Contractor 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 Officer or the County, remove it from the site and replace it with non-defective Project work. The Contractor shall bear all direct,indirect and consequential costs of such correction or removal(including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. E. Correction Period. If within two (2) years after the date of Final Payment or such longer period of time as may be prescribed by laws or by the terms of any applicable special.guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Project work is found to be defective, the Contractor shall promptly without cost to County and in accordance with County's written instructions, either correct such defective Project work, or, if it has been rejected by County,remove it from the site and replace it with non-defective Project work. If the Contractor does not promptly (within seven (7) days from receipt) comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the defective Project work corrected or the rejected Project work removed and replaced,and all direct,indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Project work,other property,or person, which occurred as a result of the defective Project work. F. County May Correct Defective Work. If the Contractor fails within ten (10) consecutive calendar days after written notice of the Procurement Officer or the County to proceed to correct and to correct defective Project work or to remove and replace rejected Project work as required i7 Contract # 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 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 Documents,the County may,after seven(7)days'written notice to the Contractor,correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the County shall proceed expeditiously to the extent necessary to complete corrective and remedial action. The County may exclude the Contractor from all or part of the site, take possession of all or part of the Project, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Project all materials and equipment stored at the site or for which the County has paid the Contractor but which are stored elsewhere. The Contractor shall allow the County, the County's representatives, agents and employees such access to the site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the County in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the County incorporating the necessary revisions in the Contract price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers,architects,attorneys and other professionals,all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Project work. The Contractor shall not be allowed an extension of the Contract time because of any delay in performance of the Project work attributable to the exercise by the County of the County's rights and remedies hereunder. XIII. Liquidated Damages. It is the County's intent to complete this project no later than August 15, 2014. Liquidated damages of ($ 1100.00) per calendar day shall be paid if project is not completed by that deadline. A. Time for Completion. It is hereby understood and mutually agreed,by and between the Contractor and the County, that the date of beginning Project work and the time of completion as specified herein are essential conditions of the Contract.The Contractor agrees that said Project shall be prosecuted regularly,diligently,and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed,by and between the Contractor and the County,that the time(s) for completion of the Project described herein are reasonable time(s)for the completion of the Project, taking into consideration the average climatic conditions prevailing in the locality of the Project. B. Time is of the Essence to the Contract. It is further agreed that time is of the essence in completing the Project,and that the Project Work Schedule and all dates set forth therein and where in this Contract,all additional time is allowed for the completion of the Project,the new time limit fixed by such extension shall be of the essence of the Contract. C. Liquidated Damages. Completion of the Project is of paramount importance to the County. If any portion of the Project is not completed in accordance with any time extensions granted by the County, the County will suffer damage, the extent of which will be impractical and extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is hereby agreed that the Contractor shall pay to the County the liquidated damage amounts specified in the Contract. This particular provision shall not be construed as a penalty upon said Contractor for failing fully to complete said Project as agreed in the Proposal and this Contract nor is it intended,but as / 6 • Contract # 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 Liquidated Damages to compensate the County for all costs incurred as a result of such breach of Contract. D. Delays in Project Completion of Construction Phase. Subject to the terms of "Excusable Delays",as contained in paragraph E of this Section,the Contractor expressly agrees to pay the County as a reasonable estimate of just compensation for damages contemplated with the clause,the amount set forth as liquidated damages for each consecutive calendar day that completion is delayed in the construction of the Project. E. Excusable Delays - Force Majeure. If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Contract then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon,and the obligation of the party giving such notice,so far as it is affected by such Force Majeure,shall be suspended during the continuance of the liability then claimed,but for no longer period,and any such party shall remove or overcome such inability with all reasonable dispatch.The term Force Majeure as employed herein, shall mean acts of God, strikes,lockouts, or other industrial disturbances,acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision, except the County, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes,fires,hurricanes,storms, floods,washouts,droughts,arrests,restraint of government and people,civil disturbances,explosions,breakage or accidents to machinery,pipelines,or canals,or other causes not reasonably within the control of the party claiming such inability.It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty,and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. F. Cumulative Remedy. The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under Contract. XIV. Termination of Contract. A. The County may terminate this Contract upon the occurrence of any one or more of the following events: 1. If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code(Title II,United States Code),as now or hereafter in effect,or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 2. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing,or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; ' 1 Contract # 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 3. If the Contractor makes a general assignment for the benefit of creditors; 4. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under Contract,whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 5. If the Contractor persistently fails to perform the Project in accordance with this Contract including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the work schedule established in this Contract; 6. If the Contractor disregards laws,ordinances,rules,regulations,or orders of any public body having jurisdiction; B. Termination Prior to Expiration of Contract Term. • The County has the right to terminate this Contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the Contract for any satisfactory Project work completed pursuant to the terms of this Contract prior to the date of termination. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the Contractor. XV. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractor. Contractor, and any agent, employee, or servant of Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this contract. D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this contract. E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state, FICA and other income taxes. 20 Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 F. The Contractor shall be required to complete and submit to the County, a Form W-9 Taxpayer Identification Number Request. XVI. Computation of Time. A. When any period of time is referred to in this Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted from the computation. B. All times stated in this Contract are of the essence. XVII. Records and Cost Pricing_Data. A. The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive Changes,Field Orders and written interpretations and clarifications in good order and annotated and updated weekly to show all changes made during construction. These record documents together with all approved samples will be available to the Procurement Officer for reference. Upon completion of the Project,these record documents and samples will be delivered to the Procurement Officer for the County. B. The Contractor shall maintain all data and records pertinent to the Project performed under this Contract,in accordance with generally accepted accounting principles,and shall preserve and make available all data and records until the expiration of three(3)years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of this Contract.The County shall have access to all such data and records for such time period to inspect,audit and make copies thereof during normal business hours.The Contractor covenants and agrees that it shall require that any subcontractor utilized in the performance of this Contract permit the authorized representatives of the County to similarly inspect and audit all data and records of said subcontractors relating to the performance of said subcontractors under this Contract for the same time period. C. If this Contract is completely or partially terminated,the records relating to the Project terminated shall be made available for three (3) years after any resulting final termination payment. D. Records pertaining to appeals or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims. XVIII. Miscellaneous. A. 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. • zl • Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 B. • Binding Arbitration. Any disputes arising out of this 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 Hearing Officer appointed to arbitrate Pitkin County Contract disputes. Costs of the • arbitration shall be awarded to the substantially prevailing party. C. Severability. If any term, section, or other provision of this Contract shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term, section, or other provision shall not affect any of the remaining provisions of this Contract, and to this end, each term, section and provision of this Contract shall be severable. D. Integration and Modification. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations,representations, or Contract,either written or oral. This Contract may be amended only by written Contract signed by both the County and the Contractor. E. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 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 attorney'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, et seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of-the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. H. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. I. Notice. Any notice required by this Contract shall be deemed delivered through either of the following: (1) hand delivery to the person at the address below or(2)by certified first class mail, postage prepaid, return receipt requested addressed as follows: 1. To Pitkin County with copies to: 2. 2- Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 Gerald Fielding, County Engineer Pitkin County Attorney's Office 76 Service Center Road 530 E. Main Street, #302 Aspen, Colorado 81611 Aspen, Colorado 81611 970-920-5374 Fax: (970) 920-5198 2. To Contractor: Oldcastle SW Group, Inc., dba United Companies of Mesa County Kyle Aplha, General Manager 2273 River Road PO Box 3609 Grand Junction, CO 81505 Fax: 970-243-5945 J. Waiver. No waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver of any other right,term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. XIX. Contractor's Representations. A. In order to induce County to enter into this Contract,Contractor makes the following representations: 1. Contractor has familiarized himself with the nature and extent of this Contract, Project, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of Project. 2. Contractor has carefully studied the site and has performed all necessary investigations,tests,and subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. .3. Contractor has made or caused to be made examinations, investigations,and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price, within the Contract time, and in accordance with the other terms and conditions of this Contract; and no additional examinations, investigations,tests, reports, or similar data are or will be required by Contractor for such purposes. 4. Contractor has correlated the results of all such observations,examinations, investigations, tests, reports and data with the terms and conditions of this Contract. 5. Contractor has given Procurement Officer written notice of all conflicts, errors, or discrepancies that it has discovered in this Contract, and the written resolution thereof by Procurement Officer is acceptable to Contractor. 6. By executing this Contract, the Contractor represents that it has visited the site, familiarized itself with the local conditions under which the Project work is to be z3 Contract # 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 performed (including weather conditions which can be expected), and correlated its observations with the requirements of this Contract. 7. The undersigned representative of Contractor represents that it is an authorized representative of Contractor for the purposes of executing this Contract and that it has full and complete authority to enter into this Contract on behalf of Contractor. XX. Counterparts. This Contract may be executed in multiple counterparts,each of which shall constitute an original, but all of which shall constitute one and the same document. XXI. Public Contracts for Services and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as amended PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program,or the Department program established pursuant to CRS §8-17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to 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 pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the 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 reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to 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 zy Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 this contract. ADDENDUM. IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. CONTRACTOR Oldcastle Inc SW Group, nc , dba United Companies of Mesa County By: 2 c Kyle Alpha, General Manager March 27, 2014 - - Date PITKIN COUNTY, COLORADO MANAGER APPROVAL: - SE 6 I PROVAL: 'Jon Peacoc runty Manager Date :r 'ettet Date Public Works Director RECOMMENDED FOR APPROVAL: Gerald Fielding r ate County Engineer _ 7- Intentionally Left >:,lank 26 Conirac!# 50-2014 Rev. 8.25.I l Jan Budge!Line Item# 110 54.96300 82722 �j r 77 T / � J2tlFI Ill C011JI JJ. Project Contract# 50-2014 ADDENDUM # 1 March 6,2014 TO: ALL PROPOSERS ON PROPOSAL 2014 FRYING PAN CHIP SEAL This letter is to clarify the Request for Proposals on 2014 Flying Pan Chip Seal recently submitted to your company for review. The following clarifications or changes are required. 1. Chips are to be a 5/8", 100%passing the Type IV screen. 2. Fog seal gallons shall be corrected to 17390 gallons. 3. All bedding material for culvert installation shall be included in the price of the culvert. 4. All binder for asphalt shall be PG 58-28. 5. Excess chip maybe watered and broomed from the roadway. Thank you for reviewing this Request for Proposals and considering submitting a proposal. If you have any further questions regarding this addendum, please contact me at gerald.fielding @pitkincounty.com. Sincerely, • ,. G.R.Fielding PE County Engineer 2 7 Contract#50-2014 Budget Line Item# 110.54.96300.82722 1/23/2014 Quantity Units Contract Item# Description Unit Price Total 3067 SY 202-00220 REMOVAL OF ASPHALT MAT (Unit Price-Words) $ $ 180 LF 202-00035 REMOVAL OF PIPE (Unit Price-Words) $ $ 300 LF 210-04030 MODIFY GUARDRAIL (Unit Price-Words) $ $ 1292 LF 210-04200 ADJUST GUARDRAIL (Unit Price-Words) $ $ 331 TON 304-06000 AGGREGATE BASE COURSE(Class 6)(4 Inch Depth) (Unit Price-Words) $ $ 100 TON 403-00720 HOT BITUMINOUS PATCHING(ASPHALT)(4") (Unit Price-Words) $ $ 421 TON 403-34701 HOT BITUMINOUS LEVELING(ASPHALT)(SX)(1.5") (Unit Price-Words) $ $ 158092 SY 409-00000 CHIP SEAL(TYPE I)(3/8") (Unit Price-Words) $ $ 17390 GAL 411-10275 EMULASPH(HEMS-2P)(HIGH FLOAT)(POLYMERIZED) (Unit Price-Words) $ $ 1244 SY 420-00132 GEOTEXTILE SEPERATOR(CI-1) (Unit Price-Words) $ $ 180 LF 603-10249 24 IN CSP (Unit Price-Words) $ $ 1 LS 605-82100 4 INCH UNDERDRAIN(4001 (Unit Price-Words) $ $ 200 IF 606-00301 GDRAIL TY 3(6-3)(CORETEN) (Unit Price-Words) $ $ 4 EACH 606-02003 END ANCHOR(NON FLARED) (Unit Price-Words) $ $ 2 EACH 606-02005 END ANCHOR(FLARED) (Unit Price-Words) $ $ 1 LS 626-00000 MOBLIZATION (Unit Price-Words) $ $ 425 GAL 627-00001 PAVEMENT MARKING PAINT (Unit Price-Words) $ $ 1 IS 630-00000 TRAFFIC CONTROL (Unit Price-Words) $ $ 100 HR 630-00001 PILOT CAR OPERATION (Unit Price-Words) $ $ FORCE ACCOUNT 1 FA 700-70010 F/A MINOR CONTRACT REVISIONS $50,000.00 $50,000.00 z & Contract#50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 2014 FRYING PAN CHIP SEAL PROJECT Contents PROJECT SPECIAL PROVISIONS 2 STANDARD SPECIAL PROVISIONS 3 LOCATION MAP 4 REQUEST FOR PROPOSAL 5 PROPOSAL FORM 9 BID SCHEDULE 13 INSTRUCTIONS TO PROPOSERS 14 Exhibit`A' 19 SPECIAL CONDITIONS 25 COMMENCEMENT AND COMPLETION OF WORK 27 REVISION OF SECTION 101 28 REVISION OF SECTION 104 29 REVISION OF SECTION 105 31 TRAFFIC CONTROL PLAN-GENERAL 32 UTILITIES - - - -- 34 PITKIN COUNTY CONSTRUCTION CONTRACT 36 2q Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 PITKIN COUNTY PUBLIC WORKS PROJECT SPECIAL PROVISIONS 2014 FRYING PAN CHIP SEAL The 2011 Standard Specifications for Road and Bridge Construction controls construction of this project.The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English units and SI units,the English units apply and are the specification requirement. PROJECT SPECIAL PROVISIONS Updated Location Map (January 23, 2014) Request for Proposal (January 23, 2014) Proposal Form (January 23, 2014) Bid Schedule (January 23, 2014) Instructions to Proposers (January 23, 2014) Notice to Proposers (January 23, 2014) Exhibit `A' (January 23, 2014) Special Conditions (January 23, 2014) Commencement and Completion of Work (January 23, 2014) Revision of Section 101 —Definition and Terms (January 23, 2014) Revision of Section 104—Scope of Work (January 23, 2014) Revision of Section 105—Claims for Contract Adjustment (January 23, 2014) Traffic Control Plan—General (January 23, 2014) Utilities (January 23,2014) Pitkin County Contract (January 23,2014) 30 Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 PITKIN COUNTY PUBLIC WORKS STANDARD SPECIAL PROVISIONS 2014 FRYING PAN CHIP SEAL STANDARD SPECIAL PROVISIONS #of Pages Revision of Section 105-Violation of Working Time Limitation (Feb. 3, 2011) 1 Revision of Sections 106,627 and 713-Glass Beads for Pavement Marking (Feb. 8,2013) 2 Revision of Section 108—Critical Path Method (Aug. 19,201 1) 1 Revision of Section 108-Liquidated Damages (May 2, 2013) 1 Revision of Sections 203, 206, 304 and 613-Compaction (July 19, 2012) 2 Revision of Section 203-Imported Material for Embankment (Feb.3, 2011) 2 Revision of Section 206-Imported Material for Structure Backfill (July 19, 2011) 2 Revision of Section 206-Structure Backfill (Flow-Fill) (April 26,2012) 3 Revision of Sections 304 and 703-Aggregate Base Course(RAP) (Oct. 31,2013) Revision of Section 401 —Compaction of Hot Mix Asphalt (April 26, 2012) 1 Revision of Section 401-Composition of Mixtures—Voids Acceptance (Feb. 3, 201 1) 1 Revision of Section 401-Plant Mix Pavements (Feb. 3, 2011) 1 Revision of Section 401-Reclaimed Asphalt Pavement (May 2, 2013) 2 Revision of Section 401 —Temperature Segregation (Feb. 3, 201 1) Revision of Section 401-Tolerances for Hot Mix Asphalt(Voids Acceptance) (Jan. 6, 2012) 1 Revision of Sections 401 and 412-Safety Edge (May 2, 2013) 2 Revision of Sections 603, 624 and 705-Drainage Pipe (April 26, 2012) 2 Revision of Sections 627 and 708-Pavement Marking Paint (Jan. 31,2013) 2 Revision of Section 630-Mobile Pavement Marking Zone(Group 1 without (Feb. 3,2011) 1 Attenuator) Revision of Section 630-Retroreflective Sign Sheeting (Feb. 3,201 1) 1 Revision of Section 630-Retroreflective Sheeting (Feb. 3, 2011) 1 Revision of Section 703-Aggregate for Bases (Oct. 31, 2013) 1 Revision of Section 703-Aggregates for Hot Mix Asphalt (Nov. 1,2012) 2 Revision of Section 712-Geotextiles (Nov. 1,2012) 2 All Standard Special Provision are found at: http://www.coloradodot.i nfo/business/desi gnsupport/construction-spec i fications/2011-Specs/standard- special-provisions/11-SSP_Index.docx Contract # 50-2014 Budget Line Item# 110.54.96300.82722 1/23/2014 LOCATION MAP - I 2014 Frying Pan Chip Seal Project N -r 1~ •,,,:.,1 r If,-4.0 .0 - 7•rJ r ,/,".`ti4�l y. rjl• 1,^r 1 t A •�., i 3 1 t :F ..q �l �-11 it �1�$.ru �'� � �'�' �`i��Y! �� j-+�� 3 t 6bnq 1 4.c ' �,�• # /�T rt- - ' �j,'w 1 I fir si.ewe: t I��(yy.'» y'. hr ti -1,..,t4),„ti- i• .j•�. a ...:�: }•y`> tXr't'>< t } h. .5 p;R).; ;. t �. r 1 r f A, 1 ..\ ' '/ �? '' •1 ' ,' _ Legend ) ♦ - - • �:.. Frying_CS .. ' + ••. Call other value",value", 1 • eyar t WorttYPe Culvert 5 =J . k , \ �. T.,.. . ... - -- —SFakna0 , ` (\ t ,ta etuoton I I o. 0 I z Wes I • • 7 Z Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 Exhibit `A' General Notes: UTILITIES 1. The contractor shall call the utility notification center of Colorado(UNCC) 1-800-922-1987 for utility locations at least 2 business days,not including the day of the actual notification, prior to any excavation. 2. The following is a list of know utilities with service within the project area and their respective contact individuals. Additional utilities may be encountered within the project limits.The contractor is responsible for coordinating all the work being done. All the utility companies within the project area. Entity contact phone Holy Cross Energy(electric) Jeff Franke 970-945-5491 Century Link(Quest)(phone) Jason Sharpe 970-384-0238 QUANTITIES. RATES 1. For preliminary plan quantities of pavement materials,the following rates of application were used: Tack Coat Diluted Emul.Asph.(slow setting) .4 gal/sq.yd(undiluted) Aggregate Size Aggregate Rate lbs/sq yd Asphalt Rate gals/sq yd 22 -23 .3 - .34 3/8" 25 -30 .36-.4 28 -33 A - .5 5/8" 40 -45 .55 - .6 DRAINAGE AND WATER QUALITY 1. Control"of surface?unoff and the repair.rof 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 of Transportation Standard Specifications for Road and Bridge Construction; and as subsequently revised; and in accordance with the plans and specifications included herein. 2. Construction hours are from 7:00 am to 7:00 pm daily on Frying Pan Road. The contractor may request additional hours that are subject to prior approval by the County Engineer. Weekends will need prior approval from the County Engineer. 3. Work on Frying Pan Road shall be completed during the months of May to July with work being completed no later than July 31,2014. 33 Contract# 50-2014 Budget Line Item# 110.54.96300.82722 1/23/2014 4. No construction shall take place over the following holidays and special events: Memorial Day beginning at noon on May 23 thru May 27 at 9:00 am Independence Day beginning at noon on July 3 thru July 7 at 9:00 am 5. Subsurface water and groundwater should be anticipated in the re-construction of the roadway.The contractor shall submit his proposed dewatering method to the County Engineer prior to construction.The contractor shall be responsible for the acceptance and control of all surface and subsurface drainage and groundwater entering the project area. This work will not be measured and paid for separately,but shall be included in the work. 6. Any open excavation left unattended shall be barricaded or fenced off by the contractor outside of travel lanes. 7. All materials and workmanship shall be subject to inspection by the Pitkin County Engineer or designee. The County reserves the right to accept or reject any such materials and workmanship that do not conform to the plans and specifications listed herein. 8. The contractor 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 expense.Construction activities in addition to normal construction procedures shall include the parking of vehicles or equipment,disposal of debris or any other action which could alter the existing condition. 9. 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 the County Engineer or designee.This work will not be paid for separately,but shall included in the work. INSPECTION AND TESTING 1. Project inspection and testing will be provided by the County Engineer or County Representative, contractor to provide 24 hour notice for all required tests. 2. Any materials shall be compacted to 95%of either Marshall Value or Standard proctor. SIGNING AND TRAFFIC CONTROL 1. Construction traffic control shall conform to the manual on Uniform 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 certified Traffic Control Supervisor shall be required before NOTICE TO PROCEED is issued 3 y Contract# 50-2014 Budget Line Item# 110.54.96300.82722 1/23/2014 3. The Traffic Control Supervisor shall be available onsite. 4. The contractor shall determine where to stockpile material or store equipment for the project. Traffic 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 5. All traffic control necessary to complete the work shall be paid for as Item 630, Construction Traffic Control lump sum. 6. Pitkin County Road 4(a.k.a. Frying Pan Road)temporary lane closure as permitted in the project special provisions during construction. UNDER DRAIN 1. Under drains shall be constructed as per CDOT Standard Plan M-605-1 Pipe Under drain. 2. Under drains shall have an Animal Guard where they daylight. 3. Under drains will be located in the field as directed by the Engineer or designee. CULVERT REPLACEMENTS 1. Culvert replacements are to be 24"CMP. 2. Culvert replacements shall be in designated locations. PATCHING, LEVELING 1. Patching and leveling shall be Grading SX(75)58-28. 2. Patching shall be in areas designated by the County Engineer or representative. -3 5- Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 3. Leveling shall be in areas designated by the County Engineer or representative. PAVEMENT MARKING I. Pavement marking paint shall comply to the CDOT Approved Products List(APL) 2. Pavement marking shall be place in accordance as to the latest edition of the Colorado Department of Transportation Standards Specifications for Road and Bridge Construction and the M&S Standard plans. 3. The contractor shall allow the fog seal to cure for a minimum of 1 day before the pavement marking may be applied, unless otherwise directed by the Engineer 4. Temporary marking shall be placed prior to chip seal. 5. Centerline shall be double yellow paint with glass beads(4"). 6. Beads are to be as per the latest revised standards. 7. Temporary markings shall be placed every 40' along the center line of the roadway (double yellow). CHIP SEAL 1. Emulsified.Asphalt shall be HFMS-2P or equivalent. 2. Aggregates for cover coat material shall be crushed stone, crushed slag, crushed gravel, or natural gravel. Aggregates shall be composed of clean, tough, durable fragments free from an excess flat, elongated, soft, or disintegrated pieces and free from fragments coated with dirt or other objectionable matter. 3. Aggregates shall conform to the table 703-6. 4. Test results from samples of production chips and each asphalt emulsion from the supplier shall be submitted to the County Engineer for compatibility testing in accordance with CPL 2113, a minimum of 1 week prior to the work commencing. The County Engineer or designee may recommend a change in the cover coat and fog emulsions based on this testing. 31 Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 5. For this project sampling of chips for gradation testing will be performed at the stockpile of last location,prior to placement of material on the roadway. The contractor will be required to open the face of stockpiles with a loader for proper and representative sampling 6. Prior to construction, a 100-foot section to verify the rates of application of the cover coat material and binder. Adjustments to the application rates will be made using 100-foot test sections until approved by the County Engineer or designee. 7. The Contractor shall arrange work so that longitudinal joints in the chip seal occur only at centerline and/or lane lines in the existing roadway 8. Excess material shall be swept from the surface by means of sweeper with pick up capabilities. This work shall be completed at such time the binder has cured to a point sufficient to retain the aggregate. This material shall be disposed of by the Contractor at no extra charge to the project. FOG SEAL 1. Based on availability CRS 2R and CRS 2P will be acceptable alternatives for the fog coat 2. Fog Coat shall be diluted: three parts emulsified asphalt to two parts water. 3. The contractor shall allow the cover coat to cure for a minimum of 5 days before the final fog seal may be applied 4. The rates of application shall be as determined by the County Engineer or designee at the time of applicationr-- S WEEPING I. The road surface shall be broomed lightly the following morning to remove access material,without removing any imbedded material. 2. The contractor shall maintain the road surface for 96 hours prior to picking up excess materials. 3. The excess material shall be watered and picked up from the entire surface prior to 96 hours after application and disposed of by contractor. PUBLIC NOTICE I. The Contractor shall submit two weeks prior to commence of work the County a detailed plan for each phase of the project. • 3 7 Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 2. The County shall place one Portable Message Panel for the work on Frying Pan Rd. Placed at the Pitkin County line,mile marker 21. 3. Portable Message Panel will be in place for 7 days prior to commencement of work. 4. Messages shall be changed as required to inform the traveling public as to the type of work taking place on that day. 5. Public notices to include type of work for expected delays,date and length for each phase ofproject and shall be sent to the County two weeks prior to commencement of work. 6. Pitkin County will be responsible for sending to newspapers and radio stations. GUARDRAIL MODIFIY, ADJUST 1. Guardrail modify shall be new type Coreten rail. 2. Modify rail location is on the bridge a mile 22.5 replacing the galvanized rail. 3. All rails to be adjusted to 27" height as per Standard Plan M-606-1. 4. End section shall be placed as per the County Engineer or designee. FORCE ACCOUNT 1. 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. Typical section"A" (5/8"Chip Seal) Existing Pavement 3e Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 SPECIAL CONDITIONS 1. STANDARD SPECIFICATIONS AND DETAILS-All work shall be done in accordance with the most recent edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", dated 2011. 2. PROJECT DESCRIPTION - The project consists of designated areas of patching and leveling of asphalt roadway, replacement of designated culverts, guardrail repair, guardrail adjust, under drain, local reconstruction and a 5/8"chip seal. The contractor will be allowed to close one lane CR-4 during the project,7:00 am to 7:00 pm.One lane of traffic must be maintained at all other times. 3. PROJECT ENGINEER-The Project Engineer for the Project is Mr. G.R. Fielding,PE,who can be reached at(970)920-5206.All project notices,letters,submittals,and other communications directed to the Engineer shall be addressed and mailed or delivered to: GR Fielding Pitkin County Engineer 76 Service Center Road Aspen, CO 81611 4. JOBSITE SAFETY-The Contractor shall conduct his operations in a safe manner,and is responsible for all jobsite safety measures. All OSHA regulations and all other pertinent regulations pertaining to the safe operation of construction equipment,workers,methods,and the site shall be strictly adhered to by the Contractor. 5. PERMITS-The following permits are required for the Project and will be obtained by the Owner at no cost to the Contractor: a. Not Applicable All other permits required for the Project shall be obtained by the Contractor as set forth in the Standard Specifications and as listed in the following. The work and costs associated with Contractor obtained permits will not be paid for separately but shall be included in the total bid price of the Project. 6. INSURANCE LIMITS-The minimum insurance limits for the Project are as stated in the General Contract Conditions. 7. UTILITY STRUCTURE ACCESS - The Contractor is responsible for locating all water valves, manholes,monument boxes,traffic pull boxes,etc.,prior to construction. No sanitary sewer manholes or water valves may be left inaccessible at any time during the construction. All liabilities for damage arising from any public or private utility substructures left inaccessible, or rendered inoperable during construction, will be the Contractor's responsibility. 3 y . Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 -2- SPECIAL CONDITIONS 8. ACCESS REQUIREMENTS—The contractor will be able to close one lane during working hours CR-4 for vehicular traffic to facilitate project needs. Construction and maintenance of temporary access ramps, paths or other temporary facilities at adjacent properties or through work zones shall the responsibility of the Contractor.Depending on the frequency of use,the duration it is intended,and the overall performance of the temporary facility,the engineer may require the use of better performing materials(including asphalt)as appropriate. 9. CONSTRUCTION SCHEDULE - Prior to the commencement of any work, the Contractor will furnish the Engineer with a schedule,per section 108, indicating the planned dates/durations for each salient item of work for each phase of construction. 10. INGRESS/EGRESS—Ingress and Egress is only permitted across easements that have been acquired for this project or right of way owned by Pitkin County. yv Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 5"' day following Contract execution, unless such time for beginning the work is changed by the Project Manager in the "Notice to Proceed".The Contractor shall complete all work before August 15,2014,in accordance with the"Notice to Proceed". Subsection 108.03 shall include the following: Salient features to be shown on the Contractor's Progress Schedule are: 1) Mobilization 2) Removal items 3) Road lane closure 4) Reconstruction of roadway 5) Installation of replacement culverts 6) Patching 7) Leveling 8) Chip Seal 9) Roadway Striping y/ Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 REVISION OF SECTION 101 DEFINITIONS 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 101.39 Laboratory shall be defined as the testing laboratory of Pitkin County or other laboratory designated by Pitkin County. Subsection 101.51 Project Engineer shall be defined as the County Engineer's duly authorized representative who may be a County employee or an employee of a consulting engineer (consultant) under contract to the County as defined below: (a) County Project Engineer. The County employee, assigned by the County Engineer, who is the County Engineer's duly authorized representative. The County Project Engineer is in direct charge of the work and is responsible for the administration and satisfactory completion of the project under contract. (b) Consultant Project Engineer. The consultant employee under the responsible charge of the consultant's Professional Engineer who is in direct charge of the work and is responsible for the administration and satisfactory completion of the project. The Consultant Project Engineer's duties are delegated by the County Engineer in accordance with the scope of work in the consultant's contract with the County. The Consultant Project Engineer is not authorized to sign or approve Contract Modification Orders. Subsection 101.58 Region Transportation Director shall be defined as the Pitkin County Engineer. Subsection 101.70 State shall mean Pitkin County, Colorado (where applicable). 14L Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 February 3, 2011 REVISION OF SECTION 104 SCOPE OF WORK Section 104 of the Standard Specifications is hereby revised for this project as follows: In Subsection 104.04, delete section(a) and replace with the following: In subsection 104.04 add: (e) Periods of no interference: During the periods below, the Contractor shall not interfere with traffic through or immediately adjacent to the work-zone. 1.No work shall be permitted on the federally recognized Holidays or on days as defined in section 101.36. (f) Traffic Control Requirements for Construction Activities. The following restrictions shall apply. In all cases,the Contractor shall schedule and coordinate this work such that there is a minimum delay to the traveling public and all requirements and restrictions are met. General Traffic Control Requirements: Through Travel Lane Widths. The Contractor shall provide and maintain a minimum of one(1) 1141 travel lane of traffic through the project limits. NO Full Road Closure. The Contractor will not be permitted to close the road. The County Engineer shall approve the reconstructed roadway section prior to re-opening lane to traffic. Night Work: With Pitkin County approval only. Weekend Work: With Pitkin County approval only. Work Zone: Any work zone construction,as defined in the Contractor's Traffic Control Plans, shall be completed in full prior to beginning work on adjacent sections of the roadway. Parking: All vehicle or equipment parking shall be prohibited where it conflicts with safety, access or flow of traffic. The Contractor shall arrange for a parking area for employees within the approved construction staging area. (g) Maintenance Work. The Contractor shall bear all expense of the routine maintenance work required for maintaining the traveled roadway through the project except for designated no work period where no temporary facilities are in place, until final acceptance of the project is made pursuant to subsection 105.21. County maintenance crews will be responsible for snow removal on all normal travel lanes outside of the work zone. The Contractor shall be responsible for all snow removal within the work zone. The Contractor shall not be allowed to place snow on the traveled roadway. County maintenance may be required to plow snow into the work area. The Contractor shall be responsible for the replacement of all traffic control devices displaced during snow removal activities. "I 3 Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 -2- REVISION OF SECTION 104 SCOPE OF WORK (h) Costs and Time. All costs incidental to the foregoing requirements, will not be paid for separately, but shall be included in the work. Delays or impacts to the Contractor due to the requirements of this provision shall not be a basis for an extension of time or additional compensation, or both. Any denial or revocation of a prior approval for Methods of Handling Traffic requests shall not be the basis for any claim for additional time or compensation. L/y Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.22 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. Contract claims will follow the appropriate procedures of Subsection 105.21 except that all claim review will be handled by Pitkin County or its duly authorized representative. The following terms of this subsection shall be defined as follows: Project Engineer shall be Pitkin County, Public Works Department, acting directly or through its authorized representatives or agent. District Engineer shall mean the Pitkin County, Public Works- Engineering Department, or its duly authorized representative. Chief Engineer shall mean the Pitkin County, Public Works - Engineering Department, or its duly authorized representative. r h/)-- Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 TRAFFIC CONTROL PLAN—GENERAL The key elements of the Contractor's Method of Handling Traffic(MHT)are outlined in subsection 630.10. The components of the TCP for this project are included in the following: 1) Subsection 104.04 and Section 630 of the specifications. 2) Standard Plan S-630-I 3) Manual of Traffic Control Devices (MUTCD). Special Traffic Control Plan requirements for this project are as follows: The Contractor shall submit a detailed Traffic Control Plan including a Method for Handling Traffic (MHT)for each different phase of construction to the Engineer for approval by the County at least three days prior to the start of any construction phase or prior to any changes in traffic control. The MHT's shall include as a minimum the requirements listed under 630.10 of the Standard Specifications. The MHT's shall also include the following: • Work Zones • Special construction activities Special Restrictions that must be met: • No traffic lane shall be narrower than 10 feet with 1 foot shoulder. • Maintain one lane of alternating one-way on Frying Pan Road through the project limits, except that a full road closure of no more than 1/2 day will permitted for removal of existing culvert and installation of new culvert. All lane closures shall be subject to the approval of the Engineer. An MHT shall be approved by the Engineer prior to any request for a lane closure. Request for each lane closure shall be made at least 24 hours in advance of the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless being utilized continuously for the intended purpose for which they were set up. The Contractor shall coordinate and cooperate fully with Pitkin County, utility owners and contractors, and other contractors to assure adequate and proper traffic control is provided. All personal vehicles and construction equipment parking is prohibited when it conflicts with safety,access or the flow of traffic. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless approved. The Contractor shall schedule all work between 7:00 AM and 7:00 PM Monday through Friday. Work at night or on weekends will be allowed only after pre-approval from Pitkin County. If the Contractor finds it necessary to work outside of the above work hours, he must receive approval from the Engineer and a variance must be applied for and granted by the County Engineer During non-construction periods, all work shall be adequately protected to insure the safety of vehicular and pedestrian traffic, as detailed in the Contractor's MHT. Excavation holes shall be adequately protected at all times. J� Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 -2- TRAFFIC CONTROL PLAN-GENERAL Vertical cuts or fills greater than 3 inches resulting from construction operations, including planing, adjacent to traffic lanes, shall be temporarily sloped at a 3:1 or flatter slope and delineated at 50 foot intervals immediately after grading or removal operations in order to safeguard the traveling public. The Contractor and subcontractor shall equip their construction vehicles with flashing amber lights. Flashing amber lights on vehicles and equipment shall be visible from all directions. Sufficient Traffic Control Devices are included in the plans to cover expected construction activities. Should the Contractor elect to utilize additional devices to enhance the operation,the additional devices will not be paid for, but shall be provided at the Contractor's expense, unless the use of additional devices is pre-approved for payment by the Engineer. Prior to starting construction, the Contractor shall notify the Pitkin County Engineer of the date the Contractor intends to start construction. The Traffic Control Supervisor and Traffic Control Inspector shall be accessible by cellular telephones and service, and shall be available at all times while work is occurring. • / 7 Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 UTILITIES Known utilities within the vicinity of this project are: CenturyLink(formerly()west)—Phone Attention: Mr. Jason Sharpe PH: (970) 384-0238 Holy Cross Energy- Electric Attention: Mr. Jeff Franke PH: (970) 945-5491 The work described in these plans and specifications requires full cooperation between the Contractor and the utility owners in accordance with subsection 105.11 in conducting their respective operations so the utility work can be completed with minimum delay to all parties concerned. The Contractor shall be required to meet with each utility owner impacted by the work in advance of any construction operations to coordinate required utility work with the construction activity. Coordination with utility owners includes, but is not limited to, providing and periodically updating an accurate construction schedule that includes all utility work elements. Surveying and/or staking of utility relocations to be performed by the owner shall be the responsibility of the owner. The Contractor shall provide traffic control for any utility work expected to be coordinated with construction operations as directed by the Engineer. However, traffic control for utility work outside of typical project work hours or outside of project limits shall be the responsibility of the utility owner. The Contractor shall be compensated for traffic control as per the bid items for traffic control as established on this project. FOR EACH UTILITY OWNER SHOWN BELOW, THE WORK LISTED UNDER "CONTRACTOR RESPONSIBILITIES" SHALL BE PERFORMED BY THE CONTRACTOR IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS, OR AS DIRECTED BY THE ENGINEER. EACH UTILITY OWNER. OR THEIR AGENTS, WILL PERFORM THE WORK LISTED UNDER "UTILITY COMPANY RESPONSIBILITIES". The Contractor shall keep each utility owner advised of any work being done to its facility so that each utility owner can coordinate its inspections for final acceptance of the work with the Engineer. 7 Contract# 50-2014 Budget Line Item # 110.54.96300.82722 1/23/2014 -2- UTILITIES GENERAL The Contractor shall comply with Article 1.5 of Title 9,CRS("Excavation Requirements")when excavating or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the actual day of notice, prior to commencing such operations. Contact the Utility Notification Center of Colorado(UNCC), use phone no. 1-800-922-1987,to have locations of UNCC registered lines marked by member companies.All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavation or grading. The locations of utility facilities as shown on the plan and profile sheets,and herein described,were obtained from the best available information and field surveying during the design process. Utility locates or potholing were not performed during the design process. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. 11 In ten tion a17)7 Left Bind; Co