HomeMy WebLinkAboutbocc.con.170.2017 itoh ` Pitkin County
Cnt ` I' Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin
County Project Lead
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement help,u':pitkincount .com). Any contracts$50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement& Contracts Manager.
Contract Information
Contract Number 170.2017
Project Name Health and Human Services Exposed Stair Repair
Contractor FCI Constructors
Budget Line Item 110.88.92888 82261
Additional Budget Line $
Item(s) $
(Please fully allocate New $
Contract Total) $
Contract Start Date 5/23/2017 _
Contract End Date 7/31/2017
Automatic Renewal Yes ❑ No® _
If Construction. Retainage Yes $ or No®
If this is a new contractor, please request they complete and submit to Finance a W-9 Form
Contact Information:
Department Facilities
Project Manager Jodi Smith Project Manager (970)920-5396
Phone
Provide a brief description of the contract:
I IHS Stair remodel _ J
Contract Value Summary:
Original Contract Amount _ $42,986.00
Previous Change Order/Amendment Amount(ifapplicablc) _ $0.09
This Change order/Amendment amount(if applicable) S 0.00
New Contract Total __ _ $42,986.90
Procurement Method:
None ❑ Informal❑ Formal ❑ Sole Source ® Emergency ❑ Contract Renewal ❑
Contract Type:
Services/Maintenance ® Construction ❑ Goods, Equipment, Supplies ❑
Change Order/Amendment ❑ Other,please explain ❑ Click here to enter text
NOTE: CLERKS 01 l'ICE WII I. KEEP ORIGINAL DOCUMEN FS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#69.2017 Rev B 2811 Jae
Budget Line Item # 110 88.92888 82261
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: 03.02.2017
FROM: Jodi Smith, Facilities Director
Proposed Contractor: Fel Product/Service: HHS Emergency Renovation
Estimate expenditure for the above construction setvice: $ 250,000
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer,no regional distributor, standardization etc):
Explain: Pitkin county contract with Eagle County for both Economic Services and Public Health were
cancelled with short notice to Pitkin County. In an effort to absorb these critical functions within
the county, we had to move quickly to design and renovate the Health and Human Services
Building,to accommodate the added staff and community functions. PCI was chosen as a sole
source contract as they are already under contract with Pitkin County to build the new building
in Aspen. Unfortunately, that project was delayed due to permitting and other circumstances and
FCI were already staged and general conditions in place (meaning we were already paying
them). By sole sourcing FCI,we are able to save funding on the new building by diverting some
of their staff and resources to the HHS building in the interim. This was a cost benefit to the
County and tax payers.
The undersigned requ-.: s that Pitkin County waive other pcocureme t requi ments and recognize this
n us a sole s t tee exception to the Pitkin Count Procur- -nt Cid.
traAv
Ai i� n Zl' ./J// Z /?
epert/entIlea. D to to- ea. ate
Approved v/ Denied Reason for Ocilla :
Ton Peacock, County Manager Date
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
1
Contract# 170 2017 Rev.10/04/2016 b(f
Budget Line Item# 110.88.92888.82261
41)lirKsN
Can T11
PITKIN COUNTY CONSTRUCTION CONTRACT
HEALTH AND HUMAN SERVICES EXPOSED STAIR REPAIR
THIS CONTRACT, made Mayy 23, 2017 by and between the Board of County
Commissioners of Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621,
(hereinafter called the "County") and FCI Constructors, Inc, 3070 I-70 Bldg A, Grand Junction,
CO 81504(hereinafter called the"Contractor")to perform the following work: Health and Human
Services Exposed Stair Repair("Project").
I. Term of Contract: The term of this contract is from May 23,2017 to July 31,2017.
II. Scope of Work and Work Schedule:
A. Scope of Work: Contractor shall provide the construction for the exterior stair
remodel at the County Health and Human Services building, located at 0405 Castle
Creek Rd.,Aspen,CO 81611.
The description for the exterior stair repair work to be completed, schedule,
clarifications of scope of work, and estimation for Guaranteed Maximum Price
(OMP) and General Conditions, dated May 17, 2017, are in Exhibit A.
B. All work performed under this Contract shall be done according to the work
schedule found in Exhibit A.
C. Work is based on Pitkin County Health & Human Services Exterior Stair Repair
plans as prepared by Rally Dupps Architect included in this contract as part of
Exhibit A.
D. Should there be any discrepancy or disagreement as to the obligations,performance
or any item of the contract documents,the Contract shall control.
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 forty-two thousand nine hundred
eighty-six dollars and zero cents ($42,986.00) 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 monthly for work
done to date.
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Contract It 170.2017 Rev 10/O1i2016 by
Budget Line Item# 110 8S 92888 82261
2) Contractor shall provide the construction services on a cost-plus
basis. Contractor shall track costs associated with the construction work and
reconcile the actual costs against the estimated amounts in the Contract and
GMP.
Contractor shall provide services at actual cost, plus an 8% fee mark up.
Scope of work being performed by Contractor's own forces(self-performed
work as detailed in the GMP as part of Exhibit A) shall be provided at
actual cost plus a 12%fee mark-up.
3) Progress payments for Contracts exceeding one hundred fifty
thousand dollars ($150,000.00)
a, County shall make progress payments, within thirty (30) days of
County's approval of Contractor's pay request.
b. In accordance to amend Section 2 Colorado Revised Statutes
(C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty
thousand dollars(S 150,000 00)and if the Contractor is satisfactorily
performing this contract, progress payments shall be in an amount
equal to ninety percent (90%) of the calculated value of completed
Project work. If, in the opinion of the Project Lead and County,
satisfactory progress is not being made on the Project, or if claims
are filed under Section C.R.S. § 38-26-107, 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
Project Lead'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.
4) County shall make final payment, includmg release of retainage, to
Contractor in accordance with this Contract and Section C.R.S. § 38-26-
107, as amended.
IV. Contractor Obligations:
A. Supervision and Superintendence
I) 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 compiles
accurately with this Contract.
2) The Contractor shall appoint and identify to the County and Project
Lead, a competent on-site superintendent to be kept on the Project at all
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Contract# 170 2017 Rev 11OO4QO16 bJ
Budget Line Item# 110 88.92888.82261
times during its progress and who shall not be replaced without written
notice to the County and the Project Lead 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 Project Lead, whether initially or as a substitute) against whom the
County or the Project Lead 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 Contract for acceptance by
the County and the Project Lead.No acceptance by the County or the Project
Lead of any such subcontractor, supplier or other person or organization
shall constitute a waiver of any right of the County or the Project Lead to
reject defective Project work.
3) The Contractor shall be fully responsible to the County and the
Project Lead 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 Project Lead and any such subcontractor, supplier or other person or
organization,nor shall it create any obligation on the part of the County or
the Project Lead 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
Project Lead.
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 Project Lead and anyone directly
or indirectly employed by either of them from and against all claims, damages,
losses and expenses (including attorneys fees and court costs) arising out of any
infringement of patent rights or copyrights incidental to the use in the performance
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Budge,:Line Item# I:C.88.92828,82261
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 andlicenses. The Contractor
shall pay all governmental charges and inspection fees necessary for the
prosecution of the Project. The Contractor shall pay all charges of utilities for
connections to the Project, and the County shall pay 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 Project Lead
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 apply to materials purchased by the County. The Contract price
shall include alt 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 bid 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 Project Lead 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
Contract# 170.2017 Rev to/04/2016hK
Budget tine Item# 110.88.92888.82261
(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 Project Lead 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.
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.
2) 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 course of the Contract and
not only to normal Project work hours.
3) 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
Project Lead. Each item of the Project shall be prosecuted to completion
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Budget Line Item# 110 88 92888 82261
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 Project Lead.
a. Unless this Contract specifically provides for the closing to traffic
of any local road or highway while construction is in progress, such
road or highway shall be kept open to 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 hear 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.
b 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.
Shop Drawings and Samples.
1) After checking and verifying al] field measurements and after
complying with applicable procedures specified in this Contract, the
Contractor shall submit to the Project Lead 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
Contractor's responsibilities under this Contract with respect to the review
of the submission. All submissions will be identified as the Project Lead
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 Project Lead to review the
information as required.
2) The Contractor shall also submit to the Project Lead 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 requnements,materials, catalog numbers
and similar data with respect thereto;and reviewed or coordinated each shop
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Budget Line Item k 110.88.92888.82261
drawing or sample with other shop drawings and samples and with the
requirements of the Project and this Contact.
4) At the time of each submission,the Contractor shall give the Project
Lead 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 Project Lead 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 Project Lead'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 fifty thousand dollars($50,000.00),
as required by C.R.S. § 38-26-105, et 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.
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, but only to the
extent caused by the negligent acts or omissions of the Contractor, a Subcontractor,
anyone directly or indirectly employed by them or anyone for whose acts they may be
liable,regardless of whether or not such claim damage,loss or expense is cause in part
by a party indemnified hereunder. 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,
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Contract# 170,2017 Rev 10/04/2016W
Budget Line Item# 110.88 92888,82261
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 policies shall include,
or be endorsed to include, the following provision: On insurance policies where the
County is named as an additional insured, the County shall be an additional insured to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this 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,
Commercial General Liability Completed Operations coverage must be kept in effect for
up to three (3) years after completion of the project.
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.
I) Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County,
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers' Compensation Act,AND when
such contractor or subcontractor executes the appropnate sole
proprietor waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
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Contract it 170.2017 Rev 1O/04/2016 k!
Budget Lane Item#110.88 92888 82261
Coverage B(Employers Liability) $ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability–ISO ICG 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 Contact(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".
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: Statutory
Coverage Bodily/Property Damage(Each Accident) $ 1,000,000
4) Contractors Pollution Liability: The County requires this coverage
whenever work at issue under this Contact involves potential pollution risk
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Budget Line Item#110.88.92888 82261
to the environment or losses caused by pollution conditions (including
asbestos) that may arise from the operations of the Contractor described in
the Contractor's scope of services. Policy shall cover the Contractor's
completed operations. Contractors Pollution Liability coverage (including
Completed Operations) must be kept in effect for up to three (3)years after
completion of the project.
Coverage shall apply to sudden and gradual pollution conditions resulting
from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos). If the coverage is written
on a claims-made basis, the Contractor warrants that any retroactive date
applicable to coverage under the policy precedes the effective date of this
Contract; and that continuous coverage will be maintained or an extended
discovery period will be exercised for a period of three(3) years beginning
from the time that work under this contract is completed.
a The policy shall be endorsed to include the following as Additional
Insureds: "Pitkin 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".
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
5) Professional Liability. The Contractor shall maintain Professional
Liability covering wrongful acts,errors and/or omissions, including design
errors, if applicable, for damage sustained by reason of or m the course of
operations under this Contract resulting from professional services provided
by the Contractor as part of the Contract. Contractors Professional Liability
(Errors and Omissions)policy must be kept in effect during the project and
for up to three (3) years after completion of the project
The policy/coverages shall be amended to include the following:
a. Coverage shall apply for three (3) years after project is complete.
b. Policy is to be on a primary basis; if other professional coverage is
carried.
Per Loss $ 1,000,000
Aggregate $ 2,000,000
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Contract# 170 2017 Rev 10/04/2010 br!
Budget Line Item# 110.88.92888 82261
6) Builders Risk Insurance or Installation Floater—Completed Value
Basis
Unless otherwise provided, the Contractor shall purchase and maintain, in
a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, Builders' Risk Insurance in the
amount of the initial Contract Sum,plus value of subsequent modifications,
change orders, and cost of material supplied or installed by others,
comprising total value of the entire Project at the site on a replacement cost
basis without optional deductibles.
a Policy must provide coverage from the time any covered property
becomes the responsibility of the Contractor, and continue without
interruption during construction, renovation, or installation,
including any time during which the covered property is being
transported to the construction installation site, or awaiting
installation,whether on or off site.
b. Such Builders'Risk Insurance shall be maintained,unless otherwise
provided in the Contract Documents or otherwise agreed in writing
by all persons and entities who are beneficiaries of such insurance,
until final payment has been made or until no person or entity other
than the County's has insurable interest in the property to be
covered,whichever is later.
c. The Builders' Risk insurance shall include interests of the County
and if applicable, affiliated or associate entities, the Genera]
Contractor, subcontractors and sub-tier contractors in the Project.
d. The Builders' Risk Coverage shall be written on a Special Covered
Cause of Loss form and shall include theft, vandalism, malicious
mischief, collapse, false-work, temporary buildings, transit, debris
removal including demolition, increased cost of construction,
architect's fees and expenses, flood (including water damage),
earthquake,and if applicable,all below and above ground structures,
piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and
excavation, backfilling, filling, and grading.
e. The Builders' Risk shall include a Beneficial Occupancy
Clause. The policy shall specifically permit occupancy of the
building during construction. Contractor shall take reasonable steps
to obtain consent of the insurance company and delete any
provisions with regard to restrictions within any Occupancy Clauses
within the Builder's Risk Policy. The Builder's Risk Policy shall
remain in force until acceptance of the project by the County.
f Equipment Breakdown Coverage(a k.a. Boiler & Machinery) shall
be included as required by the Contract Documents or by law,which
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shall specifically cover insured equipment dung installation and
testing(including cold and hot testing).
g. The deductible shall not exceed S25,000 and shall be the
responsibility of the Contractor except for losses that involve all
Acts of God such as flood, earthquake, windstorm, tsunami,
volcano, etc.
7) Special Coverages (check as appropriate and insert amount):
a El Performance Bond $42,986.00
i. 0 Labor and Material
ii. 0 Payment Bond $
b. 0 Professional Errors and Omissions
c. 0 Aircraft Liability
d. ❑ Owner's Protective
e. ❑Boiler and Machinery
f 0 Loss of Use Insurance
g. ❑ 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 Katherine McEntyre, Pitkin County Procurement 123
Emma Rd., Suite#106,Basalt, CO 81621. 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 Project Lead 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 pnmary 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 fon 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.
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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 Procurement Officer, Katherine McEntyre, 123 Emma Rd., Suite #106,
Basalt, CO 81621, 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 there-
after.
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 Project Lead 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.
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4) Materials storage, equipment parking, vehicle parking and
stockpiling excavated materials shall be allowed only in those areas
designated by the Project Lead.
5) If the Contractor disturbs any of the landscape not called for
removal, it shall restore those areas as directed by the Project Lead at the
Contractor's expense.
B Hazardous Matenals
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 Project Lead 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 Project Lead 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 Project Lead 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.
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XI. Changes in the Project and Use of Change Orders.
A. The County may, from time to time,request changes in the scope of services of the
Contractor to be performed hereunder.
1) The Project Lead 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
Project Lead 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
Project Lead 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 Project Lead prompt wntten
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 (101
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 arc 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.
d With respect to any matters or circumstance which the Contractor
believes would require a change, including delays, a Contractor
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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 Project Lead 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 Project Lead,
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 Project Lead, 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 issued for manufacture
by the Contractor, and shall he 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
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for certain items, Contractor warrants Project work, whether furnished,
Stalled, 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 one (1) year
from date of Substantial Completion Certificate. Landscapmg 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 finnished 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, manufacturers, 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 Project Lead;or
c. Enforce all warranties for the benefit of the County,if directed by the
Project Lead.
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
13. Access to Project. The Project Lead and the Project Lead'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
Project Lead 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 Project Lead'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 bythe Contractor
(unless otherwise specified). The County will conduct and pay for the
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Contract#170.2017 Re, 10/04/2016
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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 Project
Lead.
4) If any Project work (including the work of others) that is to be
inspected, tested or approved is covered without wntten concurrence of the
Project Lead, it must be uncovered for observation. Such uncovering and
testing when required by the Project Lead shall be at the Contractor's expense.
5) Neither observations by the Project Lead nor inspections, tests or
approvals by others shall relieve the Contractor from the Contractors
obligations to perform the Project in accordance with this Contract.
D. Correction or Removal of Defective Work If required by the Project Lead 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 Project Lead 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 one(I) year after the date of Final Payment or such
longer period of time as may be prescribed by laws or by the teens 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 fur 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 Project Lead or the County to
proceed to correct and to correct defective Project work or to remove and replace
rejected Project work as required by the Project Lead 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
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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 maybe 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 nghts 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.
�w(H 7j 2-af7
XIII. Liquidated Damages. It is the County's intent to complete this project no later than-June-
30,2017.Liquidated damages of two hundred dollars and zero cents($200.00)per calendar
day shall be paid if project is not completed by that deadline.
A. Time for Completion. h 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 times) 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 m completing the Project, and that the Project Work Schedule and all dates
set forth therein and where in this Contract, an additional time is allowed for the
completion of the Project,the new time limit fixed by such extension shall be of 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 m the Proposal and this Contract nor is it
intended,but as Liquidated Damages to compensate the County for all costs incurred
as a result of such breach of Contract.
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D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays", as contained in paragraph E of this Section, the Contractor
expressly agrees to pay the County as a reasonable estimate 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,nots,epidemics,landslides, lightning,
earthquakes, fires,humcanes, 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. Ins 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:
]) If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code(Title E,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;
3) If the Contractor makes a general assignment for the benefit of
creditors;
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Contract k 1702017 R<u toioro016 bor
liudge1:roe rte:o N I 10..88.02888,82261
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 bin 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 Contreet 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 m 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,PICA and other income
taxes.
F. The Contractor shall be required to complete and submit to the County, a Form W-9
Taxpayer Identification Number Request.
XVI. Computation of Tithe.
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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 to 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 Project Lead for reference. Upon completion of the Project, these
record documents and samples will be delivered to the Project Lead 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 Contact. 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 relatmg 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.
B. Any use of subcontractors by the Contractor for performance of this Contact must
be accepted in writing by the County.
C. Severability. If any term, section, or other provision of this Contract shall, for any
reason,he 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,
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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, 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, C.R.S., § 24-10-101, et seq., 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 or permitted under this Agreement shall he in writmg
and shall be hand-delivered or sent by registered or certified regular mail,postage
pre-paid and via e-mail(electronic delivery)to the mailing and e-mail addresses set
forth below. Each party by notice sent under this paragraph may change the address
to which future notices should be sent. Electronic delivery of notices shall be
considered delivered upon receipt of confirmation of delivery on the part of the
sender.
To Pitkin County: with copies to:
Jodi Smith Pitkin County Attorney's Office
485 Rio Grande,Unit 101 123 Emma Rd., Suite#204
Aspen, CO 81611 Basalt,Colorado 81621
Email: Jodi.Smith@PitkinCounty.com Email: Attomey@pitkincounty.com
To Contractor:
FCI Constructors, Inc
30701-70 Bldg A
Grand Junction, CO 81504
Phone; (970)434-9093
Email: BBlackmer@fciol.com
23
Contract# 170 2017 Rev 1W04/20161rf
Budget Lane Item R 110 88 92888 82261
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 Project Lead written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the
written resolution thereof by Project Lead 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 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 maybe 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
24
Contract# 170 2017 Re, 10/04.2014 b0
Budget Linc Item ft 110.88 92888 82261
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 perforin 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 contact, 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 contact with an illegal alien to perform work under this contact or
enter into a contact 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 ofjob 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 CR5 §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 (1 8) 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 this contract
25
Contract# 170 2017 12<v 10'04,'2016 b7
Budget I ine Item# 110 88.92888 82261
IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein
above.
FCI CONSTRUCTORS,INC
(fI Zt2o�-_
Signature D to
Fnits mtAty yhtt2S) C
Printed Name Title
PITKIN COUNTY, COLORADO
RECOL , ENDED/ OR Hl-•OVAL:
;Air iAr
Jodt - r -- D: c
IF A NON-ST• 1 ARD/ADDITIONAL LANGUAGE ADDED:
Richard t. ]Ie'ley, Assistant County Attorney Dale
ii
26
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- - Conatrkct4rin MIAOW Oe,Setat Contractor •
May 17,2017 ixfT air /4 -
Ms.Jodi Smith
Pitkin County
Facilities Manager
REt Pltkih County Health&Human Services—Exterior Stalr Repairs
Dear Jodi,
This proposal has been developed for reppir work to the existing set at the south side of the Health&Human
Services Building.This work is based on architectural andstructural drawings issuedby Rally Dupps Architect and
Glenwood Structural&Civill Inc.(drawings attached for reference).
Please find the enclosed additional ihformatien/back-up Info as'sotlated with this prdposal:
- Pricing proposal—This proposal has been developed assudsing a"costplus"'GMP type contract similarsoother
minuted between Pitkin County and FCI,Fawill track all costs and any unspent monteswill be returned to the
County,
• ProposectproJect schedule Revised 6w17 to reflect revised dates Q'v
- Stair repair drawings asissped by Rally Dupes Architect and Glenwood Structural&Civil Inc.
- Testing Clarification letter
- Construction ManagementPlan
Additional Assumption;CIarigcatfohs&Exdiuslons;
1. Sales tax Is hatinctuded.This project is assumed to be tax exempt. s'
2. AS%construction contingency is Included.Any unspent contingency Willie returned tothe County.
3. FCI's fee is included at 8%.This is a fixed fee—any"additiveahange orders will be marked-up 8%,plus mark-ups
On builders risk Insurancer'geherel Ilhkflty insuraote,and payment/performance bonds.
4. Any work directly performed WPC!jl.e,demo,removal Ufrust,etc.)wig have ad allowable fee of 12%:This-Is In
addition to the 8%-fee on overhead and,profit.
S., FCI's Construction Management Plan Isloclgded for reference,
6. Third party inspections,testing,,or commissioning,isexcluded—assumed tube by the County:Reference
attached'"Testing C rifcetlpn Letter"for additional information.
7, The steel contractor,has ihcludedgalyanized steel part and pieces.The exHting portion-ofihls steel Stair knot
galvanized,but is primedand Painted.The County May Want to coeslderonly printing and painting the new steel
part and pieces.
P.O.Box 1787 Grand,Junetlort,CO 81602 (870)434.0083 1070)454.7683 Fax
8. FO has Included an allowance for redesign work that may he required to Incorporate the steel balusters(not
pressure treated wood balusters shown on the plans).Per prior conversations with Jodi Smith,she wantsthese
railings/balusters to be steel.
9. No costs for temporary stairs or set-up of temporary egress measures have been Included it is assumed thatihe,
stair will not need to be accessed by building occupantsduring this work.
Please let me know If there are any questions or concern on this proposal
Sincerely,
js
J r
:tit;,7+ dkmer
Pre t Manager ,
(
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Pitkin County Health&Human Services DATE DURATION
Proposed Budget 5/17/2017 (OAYS) r
ECI
Exterior Stair Repairs
iuOr
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Demoldion L 4 MRS $ 60 OD $ 1,44000
Grind&Removal of Rusted Areas L 6 HRS $ 6000 $ 96000
Steel S EACH $ 16,46300 $ 1846300
Stucco Repair/Patch S EACH $ 6,10000 $ 6,10000
Carpentry S EACH $ 5,90000 $ 5,90000_
Paint/Slain Allowance M EACH $ 2,00000 $ 2.000,00
Re-Engineering/Re-Design to Steel Balusters 0 EACH $ 1,60000 $ 1,60000
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General Conditions
Superintendent _ L 8 HRS $ 7500 $ 60D,00
Plan Reproduction M 1 EACH $ 25000 $ 25,00
Permit Fee M I EACH $ 4200 $ 4200
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(mind fonehun • renvor • Oman o • I'hoeni.i + rk7LMle
I eonitrueeion Manager/General eantraetor
i Project:Pitkin County—Health&Human Services Stair Repairs
Location AOS Castle Creek Rd.,Aspen,CO
Pitkin County—Finance Department
' May 17,2017
Health&Human Services Stair Repairs—Costs Associatedwfth Permitting,Inspections,Testing
To whom it may concern,
in regards to the construction contract for the stair repair work at the Health &Human'Services Building contract
language is included In Pitkin Country's typical construction contracts stating that FCI is responsible for costs
associated with permitting,Inspections,entreating. However,please note that permitting fees have already been
paid by Pitkin County. Further, the International Building Code (reference Chapter 17) requires that special
Inspections be conducted byan approved agency that Is Independent from the contractor. This letter has been
drafted tofurther clarifythat'Fcl has no budget included in theGuaranteed Maximum Price for thisprojectto cover
the costs of any permitsspecial inspections,3's party Inspections,or materials testing.The loneexception to this
Is the permit resiew fee costs of$41.50 thatJodl Smith has asked Fa to pay to pick up the permitter this work—
that cost is included in this proposal.Any costs for these services would be the responsibility of Pitkin County. Fel
is requesting that this letter be incorporated as an Exhibit to this contract.
If you should have any additional questions or concerns please contact me at 970.43d-9094.Thank you.
� /',
:rad/ackmer
Project Manager
{
t
PITKIN COUNTY HEALTH AND HUNAN
SERVICES - EXTERIOR STAIR REPAIR
CONSTRUCTION MANAGEMENT PLAN
SUBMITTED TO:
PITKIN COUNTY BUILDING DEPARTMENT
:v Vs% D p= l a ,ti
Construction Manager/General Contractor
3070 1-708,Building A/81504) (970)434-9093 (970/434-7583 Fax
P.O. Box 1767
Grand Junction, CO 81502
TABLE OF CONTENTS
1 .... .... ... PROJECT INTRODUCTION & LOCATION
5 PROJECT DOCUMENTATION (PROJECT SIGN, CONTACTS)
8 PROJECT IMPLEMENTATION (CONSTRUCTION SCHEDULE)
11 ... . . .. .... . ..... .. ..... .... . .. ....SITE MANAGEMENT
10 .... TRAFFIC CONTROL
15 .... . . . . .SEDIMENT& EROSION CONTROL
16 FUGITIVE DUST CONTROL
17... .... . ... ...... ....EMISSIONS
18 . . . . NOISE SUPPRESSION
PROJECT INTRODUCTION
EC! Constructors, Inc will be completing stair repairs at the existing Pitkin County Health and
Human Service Building located at 405 Castle Creek Rd (near the Aspen Valley Hospital).
Reference project plans for additional information. This work is anticipated to be completed in
March 2017.
Page 1 of 23
PROJECT LOCATION
Describe and Compute the Total Project Disturbance Area:
The project located at 405 Castle Creek Rd will consist of repairs to exterior stair.
Project Location & Vicinity Map
Project extents/location/directional arrow/adjacent street names.
SEE ATTACHED "PROJECT LOCATION & VICINITY MAP"
Project Description
Background information/development type/effect on public utilities (storm sewer/sanitary
sewedwater/etc.)
There will be no effect on public utilities.
Page 2 at 23
, PROJECT LOCATION
& VICINITY MAP
: :c .i44; 11111!`• if L'--. 7+.;7--y 4)i f----lwr''.
43
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Page 3 of 23
PROJECT DOCUMENTATION
Permits
List applicable permits (describe & copy as an appendix)
-Building Permits: Permit for stair repair work (to be provided)
Public Notification
Project Representative:
Monte Hawkins — Project Superintendent: 970-434-9093 (Office). 970-985-8779 (Cell)
Brady Blackmer— Project Manager' 970-434-9093 (Office), 970-433-1600 (Cell)
Preconstructlon Meeting Date & Time:
TBD —Construction start date anticipated to be sometime on March 2017 (once permit
is issued).
Project Sign
See attached example.
Sign will be made per the City Standards
See attached LOGISTICS MAP for location
Contact Designation
In Case of Emergency Call 911
Owner:
Pitkin County
Jodi Smith: 970-618-3717
485 Rio Grande Place #101
Aspen, CO 81611
Owner's Rep: NIA
Contractor:
FCI Constructors, Inc.
3070 1-70 B, Bldg. A
Grand Junction, CO 81504
Office: 970-434-9093
Project Superintendent
Monte Hawkins: 0: 970-434-9093, C: 970-985-8779! mhawkins(o�fciol.com
Project Manager
Brady Blackmer: 0: 970-434-9093, C: 970-433-16001 bblackiner[1a,fciol.com
State Certified Safety Officer
Michael Saks: 0: 970.434-9093, C: 303-881-98021 msaks(alfciol.com
State Certified Erosion Control Officer
Michael Saks: 0: 970-434-9093, C: 303-881-9802 / msaks(a?fciol.com
Pitkin County
Administration
970-920-5200
Building Maintenance & Project Management
Page 4 of 93
970-920-5377
City of Aspen
Administration
970-920-5212
Engineering Department
970-920-5080
Fire Department
970-925-5532
Police Department
970-920-5400
Sheriff's Department
970-920-5300
Roaring Fork Transit Authority
970-920-1905
Utilities
Electric: 970-920-5148
Water: 970-920-5110
Sewer: 970-920-5070
Gas: 800-563-0012
Aspen Valley Hospital
970-925-1120
Aspen School District !,
970-925-3760
Page 5 of 23
PITKIN COUNTY HEALTH AND
HUMAN SERVICES EXTERIOR
STAIR REPAIR
BUILDING PERMIT:
#TBD
IN CASE OF EMERGENCY
CALL 911
FCI Constructors , Inc.
24 Hour Contact
Monte Hawkins — Superintendent
Cell : 970-985-8779
FCI Main Office : 970-434-9093
Pulte 6 o123
PROJECT IMPLEMENTATION
Construction Dates
Anticipate a two week duration starting sometime in March (once permit is issued)
Construction Hours
Construction will take place Monday thru Friday from 7:30AM to 5:30PM and Saturdays as
needed from 9AM-5PM.
Any activity generating noise greater than 80db will take place between the hours of 9AM
and 5PM Monday thru Friday only.
Observed Holidays (no work to be performed)
Memorial Day— Monday, May 29, 2017
4"' of July— Tuesday, July 4, 2017
Labor Day— Monday, September 4, 2017
Thanksgiving —Thursday, November 23 and Friday November 24, 2017
Christmas Week— December 21-26, 2017
Please note this project is anticipated to be completed prior to any of these Holidays listed
above.
Sequence (Phasing) of Construction
Anticipate a two week duration starting sometime in March (once permit is issued). NO
special phasing/sequencing of work required.
Adjoining Property Owners
Work is not anticipated to be performed close enough to the property line to endanger any
adjacent public streets or sidewalks, or any other private or public property.
Project Fencing
Temporary construction fencing will be put up while the work is being performed to ensure
the safety of pedestrians and building occupants
Natural Environment
No need to protect trees or other natural environments is anticipated as work is not
anticipated to be performed in areas adjacent to trees, etc.
Page 7 of 23
SITE MANAGEMENT
Parking Management
FCI will review site parking areas with Pitkin County to designate areas onsite where
contractors are allowed to park and not affect fire department operations. Currently FCI is
anticipating parking in the main parking lot on the North East side of the Human and Health
Services building.
Emergency Vehicle Access & Ordinance 35
Continuous emergency vehicle access will be maintained to the project site.
Staging Areas
Specify construction staging areas
FCI is not anticipating major areas for the staging on materials. Minor amounts of
materials may be staged onsite—this will be coordinated with Pitkin County.
Number of truckloads expected to/from site
The number of truck deliveries will be very minor(anticipate 1-2 deliveries).
Construction Trailer, Materials Storage, & Waste Management
• Due to the size of this project, a construction trailer will not be needed ensile.
• Reference note above on material storage.
• A small dumpster may be placed onsite (at location coordinated with Pitkin County)for
waste disposal. Alternately, waste materials may ee hauled off site in a pick-up truck
and disposed of elsewhere.
Page 8 of 23
Pitkin County Human and Health Services
Stair Repair Logistics Plan
405 Castle Creek Rd
f
-Parking for FCI and
Stair repairs to happen Sub-contractors in this parking lot
at south side of Project sign will be -Construction dumpster located in
building posted at main doors this parking lot as coordinated with
Pitkin County
Page 9 of 23
TRAFFIC CONTROL.
Haul Routes
Truck traffic to the site will be very minimal. FCI does not see a need to address project haul
routes. Please advise if this is not correct.
On-Site Vehicle Limitations
Define all construction related vehicle activities including max vehicle weights & sizes
Pickup Trucks
%Ton—5720ibs
1 Ton—60271bs
3-ton Delivery truck-TBD
Delivery Requirements
The number of deliveries to the site will be minimal. Any deliveries will comply with the
delivery times as indicated in City Ordinance 24.20 (attached).
Note: no vehicles to idle more than 5 minutes.
Traffic Control Plan
It is our understanding that this is not required as there is no work anticipated to be
performed in the public right of way. Please advise if this is not correct.
Page 10 of 23
Sec.24.16.230, No guarantee of pnrking space.
Display of any or the permits referenced in Sections 24.16.010 through 24.16,100 above shall not
guarantee or reserve a parking spacer (Code 1971,12242,11;Ord.No.364904,4i-1 [part1)
See.24.16.240,Canstrudtlon steging arra,parking and einergency vehicle stoma management plan,
• To ensure proper publtc'heaith,,welfare and safety, the'City eequires approval of Job site piens
describing construction staging areas,location and number of constrectionrretatei vehicles;and ensuring
proper emergency vehicle access for-construction projects withindhe City. These plans aro required for
ell residential construction or remodeling of one thousand•five-iauulred(100)square feet or more,for
any construction or remodeling involving multi-fancily buildings (three (3) or more units) or for any
constructionorremodeling involving commercial buildings. All-Other construction activity shall be
cunsideredexempt from theseprovisions.
The construction project shell be issued street parking pmmits'fpr the expectedduration of the project for
a-fee. Parking permits issued, ,pusumn to 'an approved Construction,Staging Area, Parking and
Emergency,Vehicle Access Management Plan,shall-permit the al day onatteet parking of construction
related vehicles Within'the'epe4ified•construction-parkhig,area for Bre dnraticn of the eonstruetionproject
Construction Vehicles parked outside of the approved area or after the specified construction duration
shall bebonsidered invtoIation,
The Chief Building'OiDcial shall require submission of a Construdtion;Staging Area,Parking and
Emergency Vehicle'Accesahlanagenlent Plan with submission of huildingperdsit doaoments. A building
permit shall,not be issued untilsuch plan has been reviewed and approved by the Chief Building Of ioial,
All consinrctioa•staging and construction parking shall be confined to the Ames defined in the
approve4 plan for the jobeite. Workers shall be encouraged tccarppol, Emergency-access, as described
in die approved plan fon;he jebsite,shall at no time-be blocked. A stop work order may be Issued upon
noneompliaace. (Ord,No:35:2002,§ 1)
Chapter 24.20
DELIVERY VEWCLES
Sec,24.20.016 Definitions
Forpurposes of-thisChapterlhe followingdefinitions shall apply:
Ganuoerctal core-includes all property within the•area bordered by Durant to the, south,
Monarch to.thc west,Mail;Street-to the north and Spring to the easy plus all.properttos-that atm
MainStreet:onthe north side-of that street. 'These boundaries may be amended front time to time
by City Council.-'
Deliveries rare!deUned as the necessary and *editions loading and unloading of goods,
merchandise and freight.
Delivery vehicles aferlefined as vehicles which are ased'to.make regular deliveries,aadefited
herein, to bualnesses in Asperrand which may be limed a-permlf allowing parking in loading
zones.,(Ofd.No,291.999,.§;I,(part])
Sec.24.20:020.Restrtetionaondeliveries.
Except for, vehicles delivering newspapers or fast food, such as pizza and sandwiches,. the
following time restrictions.shali-apply to deliveries made•ih ire commercial tore ofthedity(also see the
illustrative table below): -
1
PaiaaAa 0423
•
I
i
, 1 A. -9:00 pm, to dad om.: Between the hours of.9:00.psn, and 5O0 p,m.,a10 deliveries may
'bn tnad'oin'ihe Ciryr ' '
B. SAO mni to 10:00 a.m.: Betwispn the hums of MD si:m,,and I0,:00a,m.,deliveries may
be conducted Rent a legally parked vehicle on aalreet,alleywaay ortruok loading Zane in tlw'City.
C. 10:00,a.m:to 9.00 p.m:'Between the hows of 10:00 a.nt,,and 9:00 on,,deliveries may
be conducted only-from the alleyways or truck loading zones of the City-
' nme Period Sheets Alleys loading Zoom
"9;DOtr.m,:s1)D6n1! no deliveries no deliveries nodellverlel
5:00 am.-t0.Jie.pre. �dellvcdmpmmhtfd a delirviea.pcmltie{t dafirerimpweutted,
tOdoa,m..9S00 p.m:; po,'deliveries deliverlea mottllidd T, deliyorier pond*'
' 1
(grd,No,29.142$61 1peftb
See.24,20.030.RaIYlalipaana diPiayvtihkla..
A. gpetatina of delivery*Moles shall cooperate with City personnel regarding-snow removal
and streeteLahrg'opergtions.
'.A, -tleflveSiy ala shall!amply_with the idle;ordinaoec'and other relevant-0[y'ordinances.
ihduding Nit.not'Milted to thzMOrkinralftc Code.
- C. ,A burin*deingokielivery vel olenhpll possess a valid city-business-lceese or beexempted
Ram the realdre a nitiy thegty Pingtiee Department,
D. A delivery:vehicle shall tidied*conspicuously marked m ii:tiehvety veblele sailh plainsind
legible Identificatign h eluding-the business'naam and"phone member affixed permwenalyy la the side of
the,velriele.pt tlie_veheleihall display a valid delivery permit hued by the city Transportation sand
Parking Depmhrront,
E. Theirea or a delivery vehicle shall he required&etoMahn tiulk,of-Eebems being delivered
ar(2)Ilhc needfor.iepeated end❑"!quem dips to load or untied ihevebiclo.
�f, "Thevehic$enwl-be actively.Involved in*,dativery for Yhe:etdird period of eay.exemptlon
granted,' Specifically,the ahamptett!latus does:pet govetlimotaken for peinijal business; buskess-not
sperlficallyinablving the,delivery anal:bait periods.. (Ord,No.29-1999,5 [(pert))
See.,24,20,040. faemptleo ofdoilegryvehiclefi,ieum ceraNtyptrbing limtlefoo9,
A Delivery, vefiiclea whicMeomply with the requirements of this.Chapter, including the limo
restriotionaket thrill 111:Sectiotn24.90.030 awij he paned regedationa set'6sidfid 8e06n14.20.030, ere
exempt from celtIP.pwiting fmitattioea in Aspen's Commercial-Core and[in sdnesinding-Residential
Parking Zones;as:Seidptih below:,
I: In hila Commercial-Corea delivery vehicle:shall be allowed to use all[tuck loading zones
and alleys while the drIveris',00mple(Inga.delivery. -
2. in five Residential Poking Tones surrounding the Cgmmendal Core, C delivery vehicle
shall beakempt fikiw the two.(2).hour limilalion While the drIveris.tompledng arealtyery.
- 9,; Delivery-VehicJesvvhieh toihply'With the:general tegWatlorrsbet fdith In Sept0'.,24,20.03O
and tvliich meet all of Ow&f lowing requhamenle are exemptfront the resMctivns on delikPf es freer 9:00
pm,toei0D e.rn, ,
aapede m 20
j 1, The delivery vehicle may not exceedfifteen(i5)feet in length,and
2. The delivery vehicle may nofhave any.tehigeration equipment,and
3. The delivery vehicle may not be diesel powered;and
4. The delivery vehicle may not have automated lift gates,and
5.- The delivery shall net cause undue noise or disturbance to residents or businesses in the-
area,
hearea, (Old.No.29-19.99 .$I (part])
Sec.24,20AS0. Appeal.
A. A business receiving de)iveries.or a delivery company may appeal me requirements of this
Chapter to the Commercial Core and Lodging Commission(CCLC).
13. Mailing of notice. At IS tan (10) days prior to the public hearing;-tbe patty bringing the-
appeal shall send notice by firgtolass, postage prepaid TES. mail to all owners of property within three-
.. hundred
ree-
hundred(300)feet of the business or businesses towhich deliveries are made,
G Content of notice. Every notice shall include the-name and address of the party bringing the
appeal,a description of the relief'sought,the date;time and place of the heating,a reference to the CCLC, l
as the declsiommaking,party conducting the hearing,and such,other information as may be required to I i
fully apprise the public of the,naturemf the application. -
D. Quorum. Nomopeat may he heard by the CCLC without a quorum being present. An
affirmative vote.ofthemembers present,bruin no event less than,three.(3)'affirmative votes,is required
to grant relief trointhe strict requirements of this Chapter.
E. Appeal criteria. Nd'.appeai maybe granted absent tindings'by the CCLC(1)that the business
or delivery company canna reasonably comply-with the terms of ilii Chapter and(2)that thegtant of the
valiance will nohunduly burdennr affectttte residents and businesses of'the neighborhood. (Ord.No.29-
1994 I (pia)
Seer24.20,0EO;Vioiatousand ppualt es.
A violation of any of theiproviaions of thin Code shall constitute a misdomeanor,punishable upon
aon'viction by a fine,.imprisonment or-l7oth a fine and imprisonment, as set forty in Section 1,0&;660 of
this Cody. A separateeftense shall,be deenwd committed on eaohAny or.ponion thereof that a violation
of the provisionsroftbis Codeneturs.or continues unabated. (prd._No.294999'§T-tparti) -
Chapter 24.24
HYIIRXD VERICLE'RECISTRA'CUON FEERERATE AND
PARKINGTRELIEVr4oRAM
See.24,24,010,,Hybrid Veblete Registratioa.Fee Repate.hrogram,
There is.hereby created a'HybridVehicle Registration Fee Rebate program:within the:City to
encourage the dwtiershipofloWemission vehicles iniheCity. (Orta. q,37=2003:,$ 1)
:',Sec:24.24.620, Qualifications,adrgitristrationaad rebate amount.-
:(a) Pot ptupases9f this Chapter,Me fnllowlogterpts shalt have the following.meanings:'
'Ffy6rid vehicle shall mean a vehicle that meets the then-applicable definition of the Super
Ultra'Low Emission Vehicle(SUJ EV)Standards' .or better; promulgated by.the Califbtia Air:
Pafha4a ta23
•
Resource Board(CAPE)end that!meets the definition of hypbrtd-vehicle per die U.S,Department of
Energy twww.o ;dpa:govPocv). :
Reddea+.tjthe Clty,shall mean any person who insides In the City during the calendar year for
whiehe'Hybrid Vehicle Reglalration Fee Rebate is sought.
;(b) Any resident of City who is the owner of a hybrid veh(cle that meats the then-applicable
SULEV amnderds and pays an arcual mow vehicle ragistratiop toe to rbeStater within the seine saline&
Year following the payment,of a motor vehicle regintmlioo leo sp looses this Chapter shall be In force,
may apply,on suchforms as provided by t1ro plreeter mf Parking,Or ari ana0al SULEV Hybrid Vehicle •
Registration-Fee RebateROM the City in the amount.afmle:hundred dollars(5100.00.)
(c) Tta application for a rebate shall be-reviewed by rhe Ci1yk.Transportation and Parking
Department (o!determine the ownoiship and type of vehicle,for which:an eppilndiup.is.made. The
Director of Parking,abed 'further review the eppliication Rir,edmplatoness and to_vers r residence
eligibility.- All appllcanes may phove their resident Analog ry:evidenec thtt1 ey Were rtgiatalttlYa16R of
the City for the, fail calendar year for which the rebate applies. Any resident whn'Is barred from
{ regiistering a vote dueito noneitw .ship ur due to other disgaalfscalio>t-ahell provide alternative proof of
residency,aa maybe required:bythe ParkingDirector.
(J) The Dikotor,of Parking atiall administer this Chapter 14.24'nnd shall prepare ebch forms-and
adopt each regulations consistent with dila Chapter,as he orshe deems nonesaary to implement the:same.
fQd;Na.'31-2005,11)
Seg.24346,30.Hybrid'Vehicle Parking Prrgram.
More'is hereby eyed a Hybrid Vehicle Parking Prdgrahr within'.the City to eneeumge the
ownerslilp endues of loW'emihwn vehicles in ttie,City, (Ord.No,37-2003,§ 1)'
Scc.24.24.040, QaaIl tts fonp,admit dstratfO.and parkin pr'ivdagese
trail Any:petson who to the owner of a hybrid vehkie that meet Use then-applkeble SULEV
standards,may apply for ah Aspen Hybrid'V0i61e Parking Program Penult-every yearso long as'drI's
Chapter shell:be in Ore en syeh,tbt s as provided by the Dftectpr ofperking. The.,Hybrid Vehicle
PaddlIO tgram,Pprytilt 4m11 elpw gtt411fymg hybrid vehicles 10 park In any Reaidenrlai Porte Zona or
High Oabupiner VaMde(40V)2 0' pane. Vehicles that&plot nadidhyttridreallible pemsitWOI be
attempt kern the tws*Imur perking restriodon in Residential P-gmit pries end,wlll not be familia to
display alt Odra Mud;perpritin Highs Dcatipancy'Vehlcle(NOV)Zone apices,
(b) The applioMQon Or a Hybrid Vehicle Parkingd'rmgram Permitylall be reviewed by Uig City%
transportati n tad Pbtki(%.DepeMant-to determine theSULEV hybridstatus ofthe type of vehicle:for
which an a4pScmion Rea. Qualifying SULEV hybrid vehicles wfU he laiuedllybrid Vehicle,Parking
Program,Permits, Seek permits orellot Uenafembie and will only be' alid on hybrrd'velilcles that Meet
Super'Ultra Low Erniselws Vehietas Standards or better. (Oaf,No.17.2003 § I)
set 24.24A5a No aiampU6n treated-
Display of a Hybrid Vabli+le Perking Program Permit shall not ersempt a vehicle floor Use
proylsioneOF 71tie 2,,4'of t5' Cod'e. Duplex of @ permit od'tt AualifYing vehicle does not convey any,
privileges,vtftkpdhhu-tlief ofbneteding the posted time l itnit in#efiidentiat Permit tones of of parking ip
High Opodpaaey,Velitelr,(HOV')tparkiag-areas without a valid,UOV perking permit Ii dote not
authorize p*rking;inrenytother restricted pr pmldbited zone or parking space. It does not authorize
exemption floe:theyovohty'awe-hbur parking lirhlIadgn (Section 24108A10[5]), at4t any oth rparking
limitation:0r proNbitiddposted on an official sign(Section 24.Og'i010[4J), fOrd,,N0,37-2QQ3,4 0
Paatdd OT 21
SEDIMENT & EROSION CONTROL
Since this project includes only work at one exterior stair, a Storm Water Pollution
Prevention Plan is not applicable. Please advise if this is not correct.
Page 15 of 23
FUGITIVE DUST CONTROL
Fugitive Dust Control Plan:
FCI does not anticipate any dust being generated from this site. For any dust control related
concerns that may come up please contact the onsite Superintendent (contact info can be
found at the beginning of this Construction Management Plan).
Page 16 0 23
EMISSIONS
Proper Vehicle Maintenance
All vehicles associated with this construction project will be properly maintained such
that the engines will function within manufacturer's standards or parameters.
Emissions
Emissions from diesel engines shall be of a shade or density no darker than 40%
opacity, except for starting motion no longer than 10 seconds or for stationary operation not
exceeding 10 seconds.
Page 17 of 23
NOISE SUPPRESSION
General
Any activity generating noises greater than 80db will be performed Monday thru Friday from
9AM to 5PM only. Please reference the following Construction Noise Suppression Plan.
Noise Suppression Plan
All reasonable efforts will be made to minimize noise associated with this construction
project. FCI will make all efforts to routinely notify neighbors and building occupants of expected
work activities and associated noise levels.
Provide a phone number where the foreman can be reached prior to the start of the project:
Project Manager—Brady Blackmer 970-433-1600
Project Superintendent— Monte Hawkins 970-985-8779
Page 18 of 23
Specific noise suppression requirements for all activities exceeding
80 decibels at a construction site include:
1. Notify neighbors within two hundred fifty (300)feet of the project informing them of
the kinds of equipment. expected noise levels and durations of loud work. Including
the variation of noise levels during a typical construction days may be helpful. Such
notification must be in writing and be done seven (7) days prior to the starting time of
the project. Communication with neighbors can prevent complaints from arising, and
resolve concerns before there is a problem Provide a phone number where the
foreman can be reached prior to the start of the job.
2. Operate equipment in accordance with manufacturer's specifications and with all
standard manufacturers' mufflers and noise-reducing equipment in use and in
properly operating condition.
3. Post notices to inform workers, including sub-contractors, about the basic noise
requirements, as well as specific noise restrictions,to the project.
4. Install noise barriers around all equipment/activities specified in
Table 1: TYPICAL CONSTRUCTION EQUIPMENT REQUIRING NOISE
SUPPRESSION. Noise barriers not only significantly reduce construction noise, but
they also provide an extra benefit of"hiding"the noise producing sources, thus
increasing a neighbor's tolerance. (See also the attached list of noise blocking
methods for details on approved noise barriers.)
5 Move portable loud equipment including generators, compressors, and cement
mixers to different sides of the property to reduce impacts on individual neighbors.
What can you do about construction noise?
• The use of radios on the site before 8.00 am are not allowed: remind laborers and sub-
contractors.
• Noise suppression plans will not allow noisy machines such as brick cutters or
jackhammers to be operated before 9.00 am
• Noisy equipment such as cement mixers should be placed on the site to maximize the
distance from neighboring houses and/or rotate location so as to not impact just one
neighbor. Noise levels drop quickly with distance from the source
• All equipment should be properly maintained, with special attention to mufflers and other
noise control devices.
• Between work periods, builders are required by city ordinance to shut down machines
such as backhoes, bobcats, loaders and generators.
• When dropping materials from a height—for example, into or out of a truck, or when
loading or unloading scaffolding, noise suppression plans require a chute or side baffles.
• All vehicular movements to and from the site must only be made during the scheduled
normal working hours. This includes off-site noise that is associated with a specific
project such as staging of concrete trucks.
Revised 01/09/2013
04002023
TABLE 1: NOISE CONSTRUCTION EQUIPMENT REQUIRING NOISE
SUPPRESSION PLANS
Equipment Category
Auger Drill Rig
Backhoe
Chain Saw
Clam Shovel
Compressor(air)
Concrete Mixer
Concrete Pump
Concrete Saw
Crane (mobile or stationary)
_. --- Dozer ---
Drill Rig
Excavator
Front End Loader
L_ Generator(more than 25 KVA) J
Gradall
Grader
Horizontal Hydraulic Boring Jack
Impact Pile Driver(diesel or drop)
Impact Wrench
Jackhammer*
Mounted Impact Hammer(hoe ram) l
Paver
Pneumatic Tools
Rock Drill
Scraper
Scarifier
Slurry Machine
I,I Vibratory Pile Driver
Revised 01/09/2013
Pa®aefl23
Noise Blocking Methods
Contractors shall require all subcontractors and vendors to use:
• Quieter vs Louder equipment
• `Residential"grade combustion engine exhaust silencers
• Electrical vs.pneumatic hand power tools• All pneumatic tools operated in the City of
Aspen must be fitted with an effective silencer on their air exhaust port.
• Hydraulic vs. air powered rock drills
• "Silenced"pile drivers vs.Diesel pile drivers
In general, noise reduction equipment and materials may include,but not be limited to:
1. Shields, shrouds, or intake and exhaust mufflers.
2. Noise-deadening material to line hoppers,conveyor transfer points, storage bins,
or chutes.
3. Noise barriers using materials consistent with the Temporary Noise Barrier
Materials Section.
4. Noise curtains
5. Plywood with concrete blankets at the height of the equipment and that it
surrounds the activity such that it directs noise up more than out from the
property.
6. Portable three sided enclosures made out of plywood to move with the activity
such as jack hammering.
7. Internal combustion engines are to be fitted with a suitable muffler in good repair.
Specific Equipment:
Generators: The local power grid shall be used wherever feasible to limit generator noise. No
generators larger than 25 KVA shall be used and, where a generator is necessary, it
shall have maximum noise muffling capability
Backup Alarms: All equipment with backup alarms operated by the Contractor,vendors,
suppliers, and subcontractors on the construction site shall be equipped with
either audible self-adjusting ambient-sensitive backup alarms or manually-
adjustable alarms. The ambient-sensitive alarms shall automatically adjust to a
maximum of 5 dBA over the surrounding background noise levels. The
manually-adjustable alarms shall be set at the lowest setting required to be
audible above the surrounding noise. Installation and use of the alarms shall be
consistent with the performance requirements of the current revisions of Society
of Automotive Engineering(SAE)J994, J1446, and OSHA regulations.
Compressors: The unit with the lowest noise rating which meets the requirements of the job
should be used where work is conducted in the City of Aspen,installed with
mufflers and/or enclosed in a noise barrier.
Revised 01/09/2013
Pa§ind 2123
Jackhammer: Alljackhammers and pavement breakers used on the construction site shall have
exhaust systems and mufflers that have been recommended by the manufacturer
as having the lowest associated noise and shall be enclosed with shields or
acoustical barrier enclosures.
Concrete crushers or pavement saws: Pre-augur pile holes to reduce the duration of impact or
vibratory pile driving and tie to local power grid to
reduce the use of generators and shall be enclosed with
shields or acoustical bather enclosures.
Pneumatic hand power tools: All pneumatic tools operated in the City of Aspen must be fitted
with an effective silencer on their air exhaust port.
Temporary Noise Barrier Materials:
Temporary barriers shall be constructed of 3/4-inch Medium Density Overlay(MDO)plywood
sheeting, or other material of equivalent utility and appearance having a surface weight of 2
pounds per square foot or greater. The temporary barriers shall be lined on one side with glass
fiber,mineral wool,or other similar noise curtain type noise-absorbing matenal at least 2-inches.
The materials used for temporary barriers shall be sufficient to last through the duration of the
construction project, and shall be maintained in good repair. Prefabricated acoustic bathers are
available from various vendors.An equivalent barrier design can be submitted in lieu of the
plywood barrier described above.
Impact Equipment:
Impact noise is noise produced from impact or devices with discernible separation in sound
pressure maxima. Examples for impact equipment include, but are not limited to;blasting, chisel
drops, mounted impact hammers (hoe ram), and impact pile drivers.
Impact equipment is the loudest and most intrusive to the neighboring property. The City of
Aspen requires that this type activity have the strictest mitigation requirements and
requires a customized noise suppression plan specific to the site. General contractors must
contact the City of Aspen Environmental Health Department for an application at 970-920-5039.
Noise Control
• Replace worn, loose, or unbalanced machine parts that cause vibration.
• Keep machine parts well lubricated to reduce friction.
• Acoustical enclosures and bathers around generators
• Sound absorbing material and vibration isolation systems on hand tools
• Quiet work practices-use rubber mallets to erect and dismantle formwork.
Revised 01/09/2013
P*422823
Noise Controls for Construction Equipment(Schneider et al., 1995)
(Equipment -- - l�Voise Controls 1
,Pile Driver ilEnclosure, muffler _
Stone saw cutting !Noise control pad with water __ _ - _ _ _1
Handheld impact drills Reduction of reflected sound !
Circular saw blades 115°tooth angle, new tooth configuration, slotted saw blades,
viscoelastic damping _!
(Pneumatic tools 'Muffler_ j
pavement breaker/Rock Muffler, enclosure of cylinder case and front head, moil damping 1
[drill _ - _,
(Portable air compressor_ !Muffler, acoustic enclosures
ulldozer ulldozer Cab-liner material,enclosure, sound absorption in canopy,
sealing of all openings I
'Wheeled loader Absorption of sound coolmg air route ,
'Vibratory roller ,IFlcxible mounting for pump compartment _ __ _ __ _ __ ,
[Joint Cutter ',(Anti-vibration_mounting fixtures _ _ I
Revised 01/09/2013
Pa§9gg2423