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pcjmj\ww\g\scannning\county contracts\narrative\checklistsheet
Pit kin' Count
76 Service Center Road - Aspen,Colorado 81611
NOTICE OF AWARD
OONTMCT
Date: October 3, 2002
TO: Aspen Earthmoving
PO Box1090
Carbondale, CO 81623
The Owner, having duly considered the Proposal submitted on October 2, 2002 for work covered by the
Contract Document titled Aspen Mass Trail in the amount of$159,480.00(Design#2), and it appearing
that the Price and other information in you Proposal Form is fair, equitable and to the best interest of the
Owner,the offer in your Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents, you are required to execute the Agreement and
Bonds in three copies within ten(10) consecutive days from and including the date of this Notice of Award.
In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with
the requirement for insurance as stated in the Contract Documents to Temple Glassier, DDPW, 76 Service.
Center Road, Aspen CO 81611,970-920-5374 fax.
PITKIN COUNTY
B
Temple lassi Date
==ACCEPTANCE OF NOTICE-----___--= —_
Recei t th above Notice of Award is hereby acknowledged
By � � this �" day of 2002.
Title z(�
4
Public Works Fleet Maintenance Natural Resources
(970)920-5390 (970)920-5393 (970)920-5214 _
fax 920-5374 fax 920-5764 fax 920-5374
. Co ty
76 Service Center Road Aspen,Colorado 81611
NOTICE TO PROCEED
DATE: October 7, 2002
TO: Aspen Earthmoving
PO BOX 1090
Carbondale, CO 81623
FROM: Pitkin County Open Space and Trails
76 Service Center Road
Aspen CO 81611
You are hereby authorized to proceed on October 7, 2002 or within ten (10)consecutive calendar day
thereafter, with the work covered by the Contract Documents titled: Aspen Mass Trail for the sum of
One hundred fifty nine thousand tour hundred eighty dollars$159,480.00.
All required permitting should be approved and on site prior to commencement of work..
B :
rol�� I
Temple Glassie, DDPW Date
1 x
Public Works Fleet Maintenance Natural Resources
(970)920-5390 (970)920-5393 (970)920-5214
fax 920-5374 fax 920-5764 fax 920-5374
z
PITKIN COUNTY CONSTRUCTION CONTRACT
AGREEMENT
THIS AGREEMENT, made this 3rd day of October, 2002, by and between the County of Pitkin,
Colorado, a Colorado home-rule county, (hereinafter called the "County") and Aspen Earthmoving (herein-
after called the"Contractor").
RECITALS
A. The County intends to build the Aspen Mass Trail, hereinafter called the "Project", in
accordance with the terms and conditions outlined in the Contract Documents and the associated Plans and
Specifications.
B. Contractor's Proposal was the most responsive proposal. DESIGN#2, SEE EXHIBIT A
NOW, THEREFORE, the County and the Contractor, for the considerations hereinafter set forth,
agree as follows:
1. The Contractor agrees to furnish all supervisory labor, materials, equipment, tools, and
services necessary to complete in a workmanlike manner all tasks required within the scope of work for the
completion of the Project, in strict compliance with the contract documents herein mentioned, which are
made a part of this Contract.
2. Contract Time and Liquidated Damages. Work under this Agreement shall be commenced
by October 7, 2002, and shall be substantially completed by November 30, 2002 , and punchlist completed
fifteen (15) days thereafter, or the Contractor hereby agrees to pay County Liquidated Damages for delay
(and not as a Penalty) in the amount of$100 per calendar day for each day or part of a day the Project is not
completed by the completion date here established. The parties agree that actual damages for delay in
completion is difficult or impossible to accurately estimate at this time, that the sum stated is a reasonable
forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to
liquidate such damages.
3. Subcontractors. The Contractor agrees to bind every subcontractor by the terms of the
Contract Documents. The Contract Documents shall not be construed as creating any contractual
relationship between the subcontractor and the County.
4. 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 One Hundred Fifty Nine Thousand, Four Hundred
Eighty Dollars($159,480.00) in accordance with the Contract Documents, subject to increase or decrease in
accordance with the provisions of the Contract Documents.
5. Payment Procedures:
A. Contractor shall submit applications for payment in accordance with the General
Conditions. Procurement Officer as provided in the General Conditions will process applications for
payment.
B. County shall make progress payments on account of the Contract Price on the basis
of Contractor's applications for payment, as recommended by Procurement Officer,within forty-five(45)
days of County's approval of Contractor's pay request. All progress payments will be on the basis of the
progress of Project measured by the schedule of values provided for in the General Conditions.
(1) If Contractor is satisfactorily performing this agreement,progress
payments shall be in an amount equal to ninety(90)percent of the calculated value of any work completed,
less the aggregate of payments previously made until fifty(50)percent of the work required by this
agreement has been performed. Thereafter, unless a different arrangement is provided for in Special
Conditions for contracts less than $80,000.00, County shall pay all remaining progress payments without
retaining additional funds, if, in the opinion of the Procurement Officer and County, satisfactory progress is
being made on the Project. If, in the opinion of the Procurement Officer and County, satisfactory progress
is not being made on the Project, or if claims are filed under Section 38-26-107, Colorado Revised Statutes,
as amended, County may retain such additional amounts as County may deem necessary to assure
completion of the Work or to pay such claims and any Procurement Officer's and attorney's fees reasonably
incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the
Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County
in accordance with the provisions of the Contract Documents. Progress payments shall not constitute final
acceptance of the Work.
(2) Payments will not be made for materials stored off-site(unless otherwise
provided by Addendum or Change Order) but will be made for materials stored on-site. Contractor will
remain responsible for security of the materials and the replacement at Contractor's sole cost of materials
lost, damaged, destroyed or stolen.
C. County shall make final payment, including release of retainage, to Contractor as
recommended by Procurement Officer, and in accordance with the Contract Documents and Section 38-26-
107, C.R.S. and Section 24-91-103, C.R.S.
6. Contract Documents. The Contract consists of the documents listed below and references
to Contract, Contract Documents, or Agreement includes all such documents. In the event that any
provision of one Contract Document conflicts with the provision of another, the provision in the Contract
Document listed first below shall govern, except as otherwise specifically stated.
A. Pitkin County Construction Contract Agreement;
B. County Required Clauses;
C. Request for Proposal;
D. Proposal;
E. Bond;
F. Notice of Award;
G. Notice to Proceed;
H. Plat;
I. General Conditions;
J. Notice of Substantial Completion and Notice of Final Acceptance.
7. Authority and Responsibility of the Procurement Officer. All work shall be done under the
general supervision and direction of the Procurement Officer or his/her designee. The Procurement Officer
shall decide any and all questions which may arise as to the quality and acceptability of materials furnished,
work performed, rate of progress of the work, interpretation of the Contract, change orders (within the
limits of her authority) and all other questions as to the compliance with the Contract on the part of the
Contractor.
8. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Contractor or County may assign this
Agreement in accordance with the specific written permission, any rights to claim damages or to bring any
suit, action or other proceeding against either the County or Contractor because of any breach or because of
any of the terms or conditions herein contained.
9. Waiver. No waiver by either party of any right, term or condition of the Contract
Documents 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 the Contract Documents.
10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall
arise for or against either party based on any alleged unequal status of the parties in the negotiation, review,
or drafting of this Agreement.
11. Authorized Representative. The undersigned representative of Contractor, as an
inducement to the County to execute this Agreement, represents that he/she is an authorized representative
of Contractor for the purposes of executing this Agreement and that he/she has full and complete authority
to enter into this Agreement on behalf of Contractor.
12. Contractor's Representations.
A. In order to induce County to enter into this Agreement, Contractor makes the
following representations:
(1) Contractor has familiarized himself with the nature and extent of the
Contract Documents, work, 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, 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 he deems necessary for the performance of Project
at the Agreement Price, within the Contract time, and in accordance with the other terms and conditions of
the Contract Documents; 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 the Contract Documents.
(5) Contractor has given Procurement Officer written notice of all conflicts,
errors, or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof
by Procurement Officer is acceptable to Contractor.
13. Countv's Representations.
A. County makes the following representations:
(1) Authority exists in the law and County has budgeted, appropriated and
otherwise made available funds equal to, with a sufficient unencumbered balance thereof remains available,
for payment of or in excess of the Agreement Price.
6
(2) County, by issuing any Change Order or other form of order or directive
requiring additional compensable work to be performed by Contractor, which work causes the aggregate
amount payable under the Agreement to exceed the amount appropriated for the original Agreement Price,
represents to Contractor, that lawful appropriations to cover the costs of the additional work have been
made.
14. Miscellaneous.
A. Terms used in this Agreement, which are defined in Part 1 of the General
Conditions, shall have the meanings indicated in the General Conditions.
B. If any term, section, or other provision of the Contract Documents shall, for any
reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term, section, or
other provision shall not affect any of the remaining provisions of the Contract Documents, and to this end,
each term, section and provision of the Contract Documents shall be severable.
C. None of the remedies provided to either party under the Contract Documents shall
be required to be exhausted or exercised as a prerequisite to resort to any further relief to which such party
may then be entitled. Every obligation assumed by, or imposed upon, either party hereto shall be
enforceable by any appropriate action, petition or proceeding at law or in equity. In addition to any other
remedies provided by law, the Contract Documents shall be specifically enforceable by either party.
D. This Agreement may be executed in multiple counterparts, each of which shall
constitute an original,but all of which shall constitute one and the same document.
E. Unless otherwise expressly provided, any reference herein to days shall mean
calendar days. All times stated in the Contract Documents are of the essence.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out
herein above.
COUNTY OF PITKIN, COLORADO
By:
Aspen ' thmoving Date
PO Box 1090
Q dale,CO 81623
MANAGER APPROVAL: S ON APPR AL:
16 7 IDS G� 4Z
Hilary Fl er Smith, Date ettet, Date
County Manager Director of Public Wof11s
RECOMMENDED FOR APPROVAL:
Temple Glassier, Date — Da Will Date_
Deputy Director of Public Works/Assets Division Open Space and Trails Director
(Revised 2/26/02)
REQUIRED CLAUSES
For purposes of these required clauses, "Contractor" means the proposer or other party who may eventually
enter into a contract with the County.
The Proposer shall be subject to the following provisions:
1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CON-
TRACTING LAW
A. The contractor acknowledges that this Agreement is entered into subject to the requirements of the
"Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter,
Ordinance#00-18, approved April 26, 2000). As such, the Contractor agrees to comply with all
requirements of said Procurement Code, and such requirements are incorporated herein by this
reference.
B. The Contractor shall immediately notify the County Manager in writing of any violation of said
Code or statutes by the County's employees or agents, which violation(s) is known or should have
been known by him, and failure to so notify the County of any violation(s) within five (5) days of
knowledge of such violations shall be considered a breach of this Agreement. Further, such
failure to notify the County of violation of the Procurement Code or statutes within five (5) days
of knowledge shall be deemed as a waiver of any action or defense that the Contractor may have
against the County by reason of such violation of the Procurement Code or statutes.
2. WARRANTIES AGAINST CONTINGENT FEES GRATUITIES KICKBACKS AND
CONFLICT OF INTEREST
A. Covenant Asainst Contingent Fees. The Contractor warrants that no person or selling agency has
been employed or retained to solicit or secure this Contract upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the purpose
of securing business.
B. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of
Pitkin County a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a purchase
request, influencing the content of any specification or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory capacity in any proceeding or application, request
for ruling, determination, claim or controversy, or other particular matter, pertaining to this
Contract or Subcontract, or to any solicitation or proposal therefor.
C. Gratuity means a payment, loan, subscription, advance deposit of money, services, or anything of
more than nominal value, present or promised, unless consideration of substantially equal or
greater value is received.
D. Kickbacks Prohibited. It shall be a breach of Contract for any payment, gratuity, or offer of
employment to be made by or on behalf of a subcontractor under a contract to the prime
contractor or higher tier subcontractor or any person associated therewith, as an inducement for
the award of a subcontract or order. The Contractor is prohibited from inducing, by any means,
any person employed under this Contract to give up any part of the compensation to which he/she
is otherwise entitled. The Contractor shall comply with all applicable local, state and federal
"anti-kickback" statutes or regulations.
E. Conflict of Interest Prohibited. No official, officer, employee or representative of the County
during the term of this Contract or one (1) year thereafter shall have any interest, direct or
indirect, in this Contract or the proceeds thereof. (Additional restrictions on present and former
employees of County are found in Article 7 of the Procurement Code).
F. Sub-Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks and conflict
of interest prescribed in this Contract shall be made a condition of and conspicuously set forth in
every sub-contract and solicitation therefor.
G. Conspicuously means written in such special or distinctive format, print, or manner that a
reasonable person against whom it is to operate ought to have noticed it.
H. Remedies. In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the County shall have the right to:
(1) Terminate this Contract without liability by the County;
(2) Debar or suspend the offending parties from being a contractor or sub-contractor under
County contracts;
.(3) Deduct from the contract price or consideration, or otherwise recover, the value of anything
transferred or received by the Contractor; and
(4) Recover such value from the other offending parties.
3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/WOMEN
BUSINESS ENTERPRISES (DBE/MBE/WBE)
A. Pursuant to local, state and/or federal anti-discrimination and affirmative action programs,
contractor shall meet all applicable requirements with respect to employment and subcontracting
in connection with Disadvantages/Minority/Women individuals and enterprises
(DME/MBE/WBE).
B. In connection with the execution and administration of this Contract, and any subcontracts, the
Contractor shall not discriminate against any employee or applicant for employment because of
race, religion, color, sex, national origin, age, handicap or status as a veteran.
C. In connection with the performance of this Contract, the Contractor will cooperate with the
County in meeting the County's commitments and goals with regard to the maximum utilization
of disadvantaged, minority and women business enterprises and will use its best efforts to ensure
that such business enterprises shall have the maximum practicable opportunity to compete for
employment and/or subcontract work, if any, under this Contract.
D. The Contractor will furnish all necessary information and reports and will permit access to its
books, records, and accounts by Pitkin County for purpose of investigation to ascertain
compliance with the nondiscrimination/affirmative action provisions of any resultant contract.
E. Employment Data and Affirmative Action Plan. If requested, the Contractor agrees to submit on
an Employment Data Form to be provided by the County, the data showing the utilization of
disadvantaged persons, minorities and women by job category within its organization. Where the
Contractor has fifty (50) or more employees or it is participating in contracts with the County
which exceed Fifty-Thousand ($50,000.00) Dollars, an Affirmative Action Plan must be
submitted to the County when requested by the County Attorney's Office within ten (10) days
after selection.
F. Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination/
affirmative action provisions of any resultant contract, Pitkin County shall impose such contract
sanctions as it may determine to be appropriate, including, but not limited to:
(1) Withholding of payments under the Contract until the Contractor complies,
and/or
(2) Cancellation, termination, or suspension of the Contract,in whole or in part.
4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY
A. The performance of work under the Contract may be terminated by the County:
(1) Whenever the Contractor shall default in performance of this Contract in accordance with
its terms, and fails to cure or show cause why such failure to perform should be excused
within ten (10) days (or longer as the County may allow or shorter, but not less than three
(3) days, for failure to provide proof of insurance or maintenance of any dangerous
condition) after hand-delivery or mailing to the Contractor of a notice specifying the
default. If mailed, said notice shall be sent by certified mail, return receipt requested, to the
address specified herein for the Contractor.
The Contractor shall not be in default by reasons of any failure in performance of this
Contract in accordance with its terms if such failure arises out of causes beyond the control
and without the fault or negligence of the Contractor. Such causes may include, but are not
restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case
the failure to perform must be beyond the control and without the fault or negligence of the
Contractor. Upon request of the Contractor, the County shall ascertain the facts and failure,
and, if the County shall determine that any failure to perform constituted a valid
commercial excuse, the performance shall be revised accordingly and notice of default
withdrawn; or
(2) Whenever for any reason and in its sole discretion the County shall determine that such
termination is in its best interest and convenience.
B. Notice of Termination. In the event of termination for the convenience of the County, the County
shall deliver to the Contractor a written notice of termination, specifying the reasons therefor, and
the effective date of such termination. The effective date shall not be earlier than the date of
hand-delivery or the date of mailing of the notice, plus three (3) business days. The notice of
termination shall be sent regular first-class mail to the address of the Contractor herein provided.
C. Termination Procedure. After the effective date of the notice of termination for default or for the
convenience of the County, unless otherwise directed by the County, the Contractor shall:
(1) Stop work under the Contract on the date specified in the notice of termination.
(2) Place no further orders for materials, services or facilities.
(3) Terminate all orders and subcontractors to the extent that they relate to the performance of
work terminated by the notice of termination.
(4) With the approval or ratification of the County, settle all outstanding liabilities and all
claims arising out of such termination on orders or subcontracts, the cost of which would be
compensable or reimbursable in whole or in part in accordance with this Contract.
D. Termination Payment. After the effective date of a notice of termination for the convenience of
the County, the Contractor shall submit to the County his termination claim in the form of a final
invoice in accordance with the provisions in "Method of Payment," including costs incurred to the
date of termination, and costs incurred because of termination, which termination costs shall not
exceed 10 io of the total amount of proposal; provided, however, that in the event of default by the
Contractor, no extra costs incurred because of termination shall be paid to the Contractor and any
costs paid shall not be a waiver of any claim, counterclaim or set-off by the County against the
Contractor on account of any default. Such claim must be submitted promptly, but in no event
later than thirty (30) days from the effective date of termination, unless one or more extensions
are granted in writing by the County. Upon the Contractor's failure to submit a claim in the time
allowed, the County may review the information available to it and determine the amount due the
Contractor, if any, and pay the Contractor the amount as determined.
E. Termination Settlement. Subject to Paragraph 4.D., the Contractor and County may negotiate the
whole or any part of the amount or amounts to be paid, upon termination for default or for the
convenience of the County.
F. Remedies. The Contractor shall have the right of appeal from any determination made by the
County under "Termination for Default or for Convenience of County;" except that if the
Contractor has failed to submit his claim within the time provided in Paragraph 4.D., above, and
has failed to properly request extension, he shall have no such right of appeal. In any case where
the County has made a determination of the amount due under Paragraphs 4.D. or 4.E., above, the
County shall pay the Contractor: (1) the amount the County has determined if there is no right to
appeal or if no timely appeal has been taken, or (2) the amount finally determined on such appeal
if an appeal has been taken.
G. Method of Appeal. If the Contractor disagrees with the County's determination under Paragraphs
4.D. or 4.E., he can appeal this decision in writing to the County. Such appeal must be made
within twenty (20) days of receipt in writing of the County's determination. The County shall
have twenty (20) days in which to respond in writing to the appeal. The County's response shall
be final and conclusive unless within thirty (30) days from the date of receipt of such response the
Contractor submits the dispute to a court of competent jurisdiction or submits a demand for
arbitration if required by the Contract Documents.
5. INTEGRATION AND MODIFICATION
A. This Contract constitutes the full and complete agreement of the parties and supersedes or
incorporates any prior written and oral agreements of the parties. In addition, the Contractor
understands that unless the contract is for goods or services of a value less than $25,000, no
Countv official or employee, other than the Board of County Commissioners acting as a body at a
Board meeting, has authority to enter into a contract or to modify the terms of this contract on
behalf of the County. Any such contract or modification to this contract must be in writing and be
executed by the parties hereto.
B. With respect to change orders under the Contract, the County and the Contractor shall process and
approve/disapprove requests for change orders as otherwise provided in this Contract, subject to
the requirements of the Procurement Code and the Finance Office.
6. INDEMNITY
A. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and
representatives,subcontractors and suppliers), shall and hereby does release, discharge, indemnify
and hold harmless the County of Pitkin and its officials, employees, agents and representatives
from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses,
costs(including costs of investigation and defense), fees (including reasonable attorney and expert
witness fees) or compensation in any form or kind whatsoever for any bodily injury, death,
personal injury or property damage arising out of or in connection with any negligent act,
intentional act, error or omission by the Contractor, and for any consequential liability alleged to
accrue against the County on account of the Contractor's acts, errors or omissions; provided, how-
/ /
ever, that such indemnity shall not be construed as an indemnity for bodily injury or property
damage arising from the sole negligence of the County or its employees.
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.
7. INSURANCE
A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual
relationship with the County such insurance policies, from companies licensed in the State of
Colorado, as will protect itself, the County and others as specified, from claims for bodily
injuries, death, personal injury or property damage, which may arise out of or result from the
Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits
indicated and including such endorsements as are indicated by an "X", are required:
(1) Statutory Workers' Compensation: Colorado statutory minimums
(2)Commercial General Liability - ISO 1998 Form or equivalent
(County must be named as additional insured)
Each Occurrence Limit 51,000,000.00
General Aggregate Limit $2,000,000.00
Products/Completed Operations Aggregate Limit $2,000,000.00
Comprehensive Form (All risks) to include:
X Premises/Operations
Underground,Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Form Property Damage
X Personal Injury
(3)Business Auto Coverage:
Combined Single Limit Liability (each accident) 51,000,000.00
Coverage to include:
X Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
Garage Liability
(4)Special Coverages (check as appropriate):
X (1) Performance Bond 100% of contract
Labor and Material
Payment Bond 100% of contract
(2) Professional Errors and Omissions
(3) Aircraft Liability
(4) Owner's Protective
(5) Builder's Risk amount of yroiect
(6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
PROOF OF INSURANCE MUST BE SENT TO:
Pitkin County
C/o Temple Glassier, DDPW
76 Service Center Road
Aspen CO 81611
970-920-5211
970-920-5374 fax
B. To provide evidence of the required insurance coverage's, copies of Certificates of Insurance in a
form acceptable to the County shall be filed with the Procurement Officer no later than ten (10)
calendar days prior to commencement of operations affecting the County. Failure to file or
maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of
any contract and grounds for rescission or termination. These Certificates of Insurance shall
contain a provision that coverage afforded under the policies will not be canceled or materially
altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt
requested (effective upon proper mailing), has been sent to the County (through the Procurement
Officer). (For purposes of this provision, "materially altered" shall mean a change affecting the
coverage's required herein, including a change to policy limits as set out in the then-current policy
declarations page).
Simultaneously with the Certificates of Insurance, the Contractor shall file with the County (and
promptly update, as necessary) a certified statement as to claims pending against the required
coverage's, reserves established on account of such claims, defense costs expended and amounts
remaining on policy limits.
C. In addition, these Certificates of Insurance shall contain the following clauses:
(1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a
Certificate, shall not apply to the County of Pitkin.
(2) The insurance companies issuing the policy or policies hereunder shall have no recourse
against the County of Pitkin for payment of any premiums or for assessments under any
form of policy.
(3) Any and all deductibles in the above-described insurance policies shall be assumed by and
be for the amount of, and at the sole expense of the Contractor.
(4) Location of operations shall be: "all operations and locations at which work for the
referenced Project is being done."
D. Certificates of Insurance for all renewal policies shall be delivered to the Procurement Officer at
least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the
expiration date of this Agreement or thereafter.
E. The County reserves the right to request and receive a copy of any policy and any policy
endorsement.
8. EXEMPTIONS AND PREFERENCES
13
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 work 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 work is performed.
C. Preference is given, to the extent permitted by law, to: materials, supplies and provisions
produced, manufactured or grown in Colorado, quality being at least equal to materials, supplies
and provisions from outside the state; and to local (Roaring Fork Valley) services and labor of
quality at least equal to non-local services and labor.
9. RECORDS
The Contractor shall maintain comprehensive, complete and accurate books, records, and
documents concerning its performance relating to this Project for a period of three (3) years after
final payment on the Project and the County shall have the right within the three-year period to
inspect and audit these books, records and documents, upon demand, in a reasonable manner and
at reasonable times, for the purpose of determining, by. accepted accounting and auditing
standards, compliance with all provisions of the Contract and applicable law.
10. SUCCESSORS AND ASSIGNS
This Agreement and all of the covenants hereof shall insure to the benefit of and be binding upon
the County and the Contractor respectively and their agents, representatives, employees, succes-
sors, assigns and legal representatives. Neither the County nor the Contractor shall have the right
to assign or transfer its interest or obligations hereunder without the written consent of the other
party, which consent shall not be unreasonably withheld.
11. THIRD PARTIES
This Agreement does not and shall not be deemed or construed to confer upon or grant to any
third party or parties, except to parties to whom Contractor or County may assign this Agreement
in accordance with the specific written permission, any rights to claim damages or to bring any
suit, action or other proceeding against either the County or Contractor because of any breach
hereof or because of any of the terms, covenants, agreements or conditions herein contained.
12. AGREEMENT MADE IN COLORADO
The parties agree that this Agreement 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.
13. ATTORNEY'S FEES
In the event that legal action is necessary to enforce any of the provisions of this Agreement, the
prevailing party shall be entitled to its costs and reasonable attorney's fees.
14. NOTICES
Unless otherwise provided in the Contract Documents, all notices under the Agreement shall be
sent certified mail, return receipt requested, and shall be effective upon receipt or three (3)
business days after mailing, whichever is first.
15. GOVERNMENTAL IMMUNITY
Contractor agrees and understands that Pitkin County is relying on and does not waive, by any
provision of this Agreement, the monetary limitations or terms (presently $150,000.00 per person
and $600,000 per occurrence) or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, 24-10-101, et. sec, C.R.S., as from time to time amended,
or otherwise available to Pitkin County or any of its officers, agents or employees. Further,
nothing in these Required Clause or any other Contract Document 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.
16. 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 Agreement 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 this
agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the
then current fiscal year of Pitkin County. No provision of this agreement shall be construed or
interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of
Pitkin County within the meaning of any constitutional or statutory debt limitation. This agreement
shall not directly or indirectly obligate Pitkin County to make any payments beyond those
appropriated for Pitkin County's then current fiscal year. No provisions of this agreement shall be
construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any
provision of this agreement restrict the future issuance of Pitkin County's bonds or any obligations
payable from any class or source of Pitkin County's money.
i
(display ad - please minimize and use County Logo)
PUBLIC NOTICE
REOUEST FOR PROPOSALS
REQUEST FOR PROPOSALS TO PROVIDE
CONSTRUCTION FOR
Aspen Mass Trail
Pitkin County will accept proposals from interested parties to provide Construction for the Aspen Mass
Trail — trail to connect the Brush Creek Intercept Lot to Jaffee Park More detailed information may be
obtained by contacting:
Temple Glassier. .DDPW
76 Service Center Road
Aspen CO 81611
Proposals must be received at the above address no later than 2:00 p.m., MST, on October 2, 2002 to be
considered.
Published in the Aspen Times and Valley Journal: September 27. 2002
PITKIN COUNTY, COLORADO
REQUEST FOR PROPOSALS
PROPOSER'S INSTRUCTIONS AND SCOPE OF SERVICES
FOR THE
Aspen Mass Trail
PROPOSALS MUST BE SUBMITTED NO LATER THAN
October 1, 2002,2:00 p.m.
REQUEST FOR PROPOSALS
Aspen Mass Trail
GENERAL INFORMATION TO PROPOSERS
I. INTRODUCTION
Pitkin County (hereinafter the "County") will accept proposals from interested parties for the Pitkin
County Open Space and Trails—Aspen Mass Trail
II. SCOPE OF SERVICES
A. SPECIFICATIONS AND DRAWINGS
Pitkin County Open Space and Trails proposes to build a trail from the Brush Creek Intercept Lot to
Jaffee Park. The easement is currently staked in the field and is approximately 4,430 linear feet.
Open Space and Trails would like two types of trail design priced.
DESIGN#1 - 10' wide Crusher fine trail—Type 1
As specified in Section 3 of the Trails Design and Management Handbook.
DESIGN#2— 10' wide Asphalt trail—Specification 1
As specified in Section 2 of the Trails Design and Management Handbook.
Proposers will be required to submit a proposal based on the above description and attached plat.
Only proposals with a complete proposal form, no prices left blank,will be considered.
B. BONDS
Proposers will will not be required to submit a Bid Bond, but will be required to provide
Performance and Labor and Material Payment bonds in the amount of the contract.
C. CONTRACT TIME AND LIQUIDATED DAMAGES
It is the County's intent to complete this project no later November 1, 2002, (weather pending).
Liquidated damages of($ 100)per calendar day if project is not completed by that deadline.
D. ADDITIONAL INFORMATION
It is the contractors responsibility to provide all safety equipment necessary and to perform all work
in a safe and workman-like manner. Pitkin County Risk Management Department reserves the
right to enter the construction site for periodic checks of safe working environments.
Please note that the County does not intend to waive landfill tipping fees. For the purposes of
administration, one contract will be awarded for the entire project.
III. SELECTION PROCESS
The County is required by the terms of the Pitkin County Procurement Code to conduct a competitive
selection process to select a contractor for the above-described proposal. This process shall be through
formal proposals submitted in response to this Request for Proposals. Pitkin County Code provides equal
opportunity for Minority and Women business enterprises (MBE/WBE).
A. SUBMITTAL
1. Proposer shall submit three copies of their proposals for this project as outlined in the
Request for Proposals and Scope of Services, or an alternately developed plan as developed by
Proposer in response to and in accordance with this Request for Proposals and Information to
Proposers attached hereto. The format for such proposals shall be as follows:
a. The proposal must contain name, address, and daytime phone number(s) for person(s) to
whom additional selection process requests should be communicated;
b. A proposed approach (basic description of how Proposer will proceed with this project).
time-table for the project, and proposed method of compensation for services rendered;
c. A statement of Oualifications of the Proposer;
d. References;
e. A completed Proposal Form;
f. List of all sub-contractors:
g. Requested bonding.
2. Proposer may be required to supply additional information upon request, or to make
additional submissions under secondary selection criteria, if necessary.
3. All Proposals shall be sent, and any and all questions or comments directed to the
Procurement Officer as follows:
Temple Glassier. DDPW
76 Service Center Road
Aspen CO 81611
4. All proposals must be in a sealed envelope and clearly marked in the lower left hand corner:
Proposals for Aspen Mass Trail". All proposals must be received by October 2, 2002, 2:00p.m.
MST 76 Service Center Road. Aspen CO 81611, at which time they will be publicly opened. The
County will not accept facsimile (faxed)proposals unless such a proposal is delivered as follows:
If a proposal or part of a proposal is to be delivered to the above address via a facsimile
transmission (fax machine), it will be the responsibility of the Proposer to provide personnel to
insure that the fax transmission is delivered in the required sealed envelope directly to the
Procurement Officer by or before the date and time of proposal opening. The Procurement Officer
or other staff members will not be responsible for insuring this timely delivery. In the event of such
fax transmission, the Proposer will be additionally responsible for providing an original, signed
copy of the document transmitted to the Office of the Procurement Officer no later than two (2)
working days after the date of transmission, and for the production of the required set of three (3)
copies.
5. During the Request for Proposal selection process, all proposals shall remain confidential.
The entire selection process (procurement) file shall be opened to the public (which includes all
proposers) after an agreement is approved by the County, except those items for which
confidentiality has been requested in writing by the Proposer, and providing that the County
Attorney has reviewed and determined this to be the properly confidential under the State Open
Records Act and other relevant statutes and regulations.
B. TIME SCHEDULE
The County will endeavor to use the following time-table:
September 27, 2002 Request for Proposals publicly advertised and direct solicitations mailed
October 2, 2002 SEALED PROPOSALS MUST BE RECEIVED BY 2:00 PM,THREE
COPIES AT 76 Service Center Road,Aspen CO 81611
October 2, 2002 Meeting of Selection Committee; checking of references; selection of up to (2)
firms to interview if necessary
October 2, 2002 Announcement of recommended top-ranked Proposer and Issue of Notice of
Award
October 3, 2002 Contract negotiations
October 7, 2002 Issue of Notice to Proceed and commencement of operations by top-ranked
Proposer
November 30. 2002 Completion of all construction
C. EVALUATION CRITERIA AND WEIGHING
Selection of the "short-listed" Proposers to be interviewed and/or the selection of the top-ranked
Proposer will be based upon the following criteria and relative importance (or as the same may be amended
or supplemented by published secondary selection criteria, if any):
SUGGESTED CRITERIA- use some or all
1. professional quality of proposal to the purpose and requirements of this project 5%
2. Qualification of the firm. including experience with similar services in similar environments. 25 %
3. Qualification of the personnel that will be assigned to this project, including experiences with similar work 5�5
4. Compensation or payment proposal 40%
5. Relevant, recent references.5%
6. Proposed work schedule of work 20 %
D. SELECTION COMMITTEE
1. Temple Glassier, DDPW
Dale Will, Open Space and Trails Director
Gary Tennenbaum; Land Steward
Nonvoting counsel to the Selection Committee:
County Attorney
2. Communications between Proposer and any member of the selection committee during the selection
process, except when and in the manner expressly authorized by the Request for Proposals, is
prohibited. Violation of this restriction is grounds for disqualification from the process.
E. CONTRACT
Upon selection of a top-ranked Proposer, negotiations will commence immediately for a contract with
terms to be consistent with this Request for Proposals and the information included herewith. Any contract
entered into between the County and the selected Proposer shall include the "Required Clauses," as set forth
as a requirement in the Pitkin County Procurement Code.
PROPOSAL FORM
Proposal Time: October 2, 2001
Proposal Date: 2:00 P.M.
From:
To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Temple Glassier, DDPW
76 Service Center Road
Aspen CO 81611
For: Aspen Mass Trail
Aspen CO 81611
Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having examined the
Contract Documents, including the site of the proposed work and being familiar with conditions
surrounding the construction of the proposed Project, including the availability of materials and labor
hereby proposed to furnish all labor, materials, supplies, services and supervision required to perform the
work for the project identified above and listed below and as detailed in the Contract Documents for the
sum of:
DESIGN#1
10' wide Crusher Fine Trail
The lump sum of Dollars ($ )
Price per foot$
The project will be completed within working days of initiating the Work.
DESIGN #2
10' asphalt Trail
The lump sum of Dollars($ )
Price per foot $
The project will be completed within working days of initiating the Work.
Description:
(BREAKDOWN OF SPECIFICS FOR PROPOSALS)
v�"
Qualifications of Proposer:
Please insert names address, phone numbers and description of similar work
1.
G.
3.
QUALIFICATIONS OF PERSONNEL
Please list assigned personnel and their qualifications
1.
Qualifications:
List of similar work performed:
G
Qualifications:
List of similar work performed:
3
Qualifications:
List of similar work performed:
.. . .._...._......... . ..
�3
It is further understood that the right is reserved by the Owner to reject any and all proposals and it is agreed
that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving
proposals.
The undersigned agrees that upon notification of acceptance of this proposal, it will execute a Contract for
the above stated work for the above compensation within the scheduled mutually determined.
The proposer hereby certifies:
A. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed
person, firm or corporation and is not submitted in conformity with any agreement of rules of any
group, association, or corporation.
B. That it has not directly or indirectly induced or solicited any other proposer to put in a false
proposal.
C. That it has not solicited or induced any person,firm, or corporation to refrain from proposing.
The Proposer acknowledges receipt of Addenda's Nos.
The right is reserved to waive any informalities and to reject any Proposal.
(Type/Print name under all signatures)
Dated this day of 12002
(Corporate seal)THE PROPOSER
SIGNATURES:If the proposal is being submitted by a Corporation, the proposer should be signed by an
officer, i.e. President or vice-president. The signature of the officer signing shall be
attested to by the secretary and properly sealed. If the proposal is being submitted by an
individual or a partnership, the proposal shall so indicate and be properly signed.
(Attach a Separate Sheet for Suggested Cost Savings Alternatives)
(Revised 2/26/02)
INSTRUCTIONS TO PROPOSERS
FOR PITKIN COUNTY CONTRACTS
For the Project Entitled: Aspen Mass Trail
Date of Proposal Opening: October 2, 2002
1. a. A "proposal" is a responsive, conforming, unconditional, complete (in ink or typewriter),
legible and properly executed offer on the form supplied to do the work called for in the
Request For Proposals (and plans and specifications) for the compensation specified. For the
purposes of this document and the procedures specified herein, a "proposal" shall be subject to
the same procedural requirements and where only one such term is used, the other is to be
implied, as applicable, unless otherwise noted.
b. Proposals must be submitted in sealed opaque envelopes and submitted at the time and place
designated in the Request for Proposals (RFP). Proposal envelopes must be clearly marked on
the front of the envelope as a "sealed proposal" with the project name and the name, contact
person, mailing address and telephone number of the proposer.
C. It shall be the responsibility of the proposer to insure that the proposal document is in proper
form and in the County's possession by or before the scheduled time and date of public
proposal opening. Proposals will not be accepted after the scheduled time and date of
opening. Any proposals received late will be returned to the proposer unopened, if possible.
In the event that it is impossible to determine who the late proposer is unless the envelope is
opened, the envelope will be opened, the address determined, and the envelope and proposer
returned immediately without being considered a proposal.
d. If specified in the Request for Proposal, parties who request packages of proposal documents
will be required to pay a fee or place a deposit for the document package. All parties who
actually receive packages must sign a list and leave the name of the potential proposer, along
with the name of a contact person, address and telephone number for the purpose of
dissemination of Addenda or additional proposal information.
e. If a mistake is made or discovered at or after the public opening, the County reserves the right
to determine which party made the mistake and whether the mistake is material and, after these
determinations, the County, in its sole discretion, shall make the decision whether to accept or
reject the proposal. No advantage shall be taken by either party of manifest clerical errors or
omissions in the proposal documents or the Request for Proposals (and plans and specifica-
tions). All proposers are required to notify the County immediately of any errors of omissions
that may be encountered. (See 2.a. and 2.c., below).
f. The signer of the Proposal must initial any interlineation, alteration or erasure. If provided on
the required Proposal Form, the proposal price of each item must be stated in numerals and
words; in case of a conflict, the words will control. In case of conflict between the indicated
sum of any addition of figures and the correct sum, the correct sum will control.
V
g. No reimbursement will be made by the County for any costs incurred in the preparation of a
statement of qualifications, or proposals, or attendance at a site inspection, pre-bid conference
or interviews.
h. No person, firm or corporation shall be allowed to make, file or be interested in more than one
proposal for the same work, unless alternate proposals are called for. A person, firm, or
corporation who has submitted a subproposal to Proposer, or who has quoted prices on
materials to a Proposer, is not hereby disqualified from submitting a subproposal or quoting
prices to other Proposers.
2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning of any
part of the Drawings, Specifications or other Proposal or Contract Documents, or finds discre-
pancies, errors, ambiguities, inconsistencies, incompleteness or omissions in the Drawings or
Specifications or the proposal process, he/she must submit to the Procurement Officer a
written request for an amplification, clarification, explanation, interpretation or correction
thereof.
b. Proposers may propose substitute materials or techniques if such substitution is equal to or
better than the materials or techniques called out in the plans and specifications and if the
substitution has been submitted in writing at least ten (10) days prior to the public proposal
opening. The burden of proof of equality or superior quality is on the proposer. If accepted as
equal by the County in its discretion, the substitute will be designated as an alternative on a
formal addendum.
C. Any amplification, clarification,explanation, interpretation or correction of the documents will
be made only by written Addendum duly issued and a copy of the Addendum will be mailed or
delivered to each person receiving a set of the Proposal Documents. Neither the Owner nor the
Procurement Officer will be responsible for any information, representations, explanations or
interpretations of the Contract Documents not in written addenda.
d. The County reserves the right to call a pre-proposal conference; if called and conducted, a
summary of the pre-proposal conference will be mailed to all parties receiving a set of
Proposal documents.
e. On request, the County will provide each Proposer access to the site to conduct, at Proposer's
sole cost, such inspections, tests and investigations as each Proposer deems necessary for
submission of a Proposal. No information provided by County representatives at such a site
inspection shall be deemed a waiver of the requirements of 2.a. and 2.c., above.
f. Any addenda issued during the time of the proposal process, or forming a part of the Contract
Documents, shall be covered in the Proposal, and shall be made a part of the Contract. Receipt
of each Addendum shall be acknowledged in the Proposal.
g. IF specified in the Project RFP, a request for qualifications may precede the ITB/RFP process.
3. a. Each proposal, if required by the proposal documents, shall be accompanied by a certified
check or bid bond in a form acceptable to the County, in an amount specified, payable without
condition to the County as a guarantee that the proposer, if awarded the Contract, will
promptly execute the Agreement in accordance with the Proposal and the other Contract Docu-
ments, and will furnish, if required by the proposal or contract documents, good and sufficient
bonds for the faithful performance of the contract and for the payment to all persons supplying
labor and material for the work (see 10.a., below). The Proposal guaranties of all parties
9,
except the three lowest responsive proposals will be returned promptly after the opening of
Proposals. After execution of the Contract and issuance of a Notice To Proceed, the remaining
two guaranties will be returned.
b. Proposer also, if required by the Proposal Documents, will fully complete and submit with the
proposal a Pitkin County Qualification Statement, or an updated Statement if one is already on
file. Pitkin County reserves the right to pre-qualify proposers based on said qualification
statements.
C. Proposer also must submit with the proposal a list of subcontractors, independent contractors
and suppliers to be employed under the Contract. If the County has a reasonable objection to
any such contractor or supplier, it shall notify the proposer and the proposer may then: (a)
withdraw his proposal; or(b) substitute an acceptable contractor or supplier. If required by the
Contract Documents, subcontractors may be required to submit a Contractor's Qualification
Statement.
d. Proposals by corporations must be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and the
corporate seal must be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation shall be shown below the signature.
e. Proposals by partnerships or limited liability companies ("LLC") must be executed in the
partnership or LLC name and signed by a partner authorized LLC officer, whose title must
appear under the signature and the official address of the partnership or LLC must be shown
below the signature. The State in which the entity was formed and whose law governs the
entity shall be shown below the signature.
f. All names must be typed or printed below the signature.
4. a. Proposer acknowledges that this proposal is solicited and submitted subject to the requirements
of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule
Charter; Resolution No. 82-37, April 12, 1982, copies available upon request for a nominal
charge). As such, the Proposer agrees to comply with all applicable requirements of said
Procurement Code relating to proposing, contract drafting, contract administration and ethics.
The requirements of the Procurement Code are incorporated herein by this reference.
b. The proposer shall immediately notify the County Manager in writing of any violation of said
Code by the County's employees or agents, which violation is known or should have been
known by proposer, and failure to so notify the County of violations within five (5) days of
knowledge of such violations shall disqualify the proposer from award of the Contract being
proposed and shall be deemed as a waiver of any action or defense that the proposer may have
against the County by reason of such violation of the Procurement Code.
C. The submission of a proposal shall be conclusive evidence and legal admission that the
proposer: (1) has no questions, complaints or objections in connection with the Proposal
process and/or documents, subject to any requests made by Proposer for amplification,
clarification, explanation, interpretation or correction pursuant to Paragraph 2.a. and 2.c.,
above; (2) has no questions, complaints or objections as to the completeness, sufficiency,
scope or detail of the Proposal Documents; and (3) has full knowledge of the scope, nature,
quality and quantity of work to be performed, the detailed requirements of the proposal
documents including any and all contract documents and required clauses and the plans and
specifications, the site and conditions under which the work is to be performed, the Pitkin
County Procurement Code, and applicable Colorado law.
5. a. All proposals will be opened and read in public. No proposals may be withdrawn after the
beginning of the public opening. The County, in its sole discretion, may delay a proposal
opening for no longer than two (2) business days if weather or other circumstances beyond
control of proposers results in delay in receipt of proposals. Proposals may be withdrawn at
any time prior to the beginning of the public opening or modified by a document executed and
delivered in a form substantially similar to the Proposal Form prior to opening.
b. All proposals submitted must be valid for a minimum period of sixty (60) days after the date of
the proposal opening. During this time, proposers are investigated, evaluated, recommended
and submitted to the Board of County Commissioners for final approval at a regular meeting.
6. a. Proposals will be awarded to the lowest responsible and responsive proposer complying with
the terms, conditions, guidelines, selection criteria, plans and specifications presented in the
Request For Proposals, and these Instructions. All rights are reserved by the County to
determine, in the County's sole reasonable discretion, whether the Proposal meets the needs or
a purpose intended and is within the project budget.
b. Although price may be a major consideration in the award of contract, the County does not
award on prices alone. The County also considers the quality of product as judged by the
County; past experience with same proposers, subcontractors, products or suppliers;
qualifications of the proposers and/or subcontractors or suppliers; services offered; warranties;
maintenance considerations; long-range costs; delivery; and similar considerations, all as
specified in detail in the Project RFP.
C. The County reserves the absolute right to conduct such investigations as it deems necessary to
assist in the evaluation of any proposal and to establish the experience, responsibility,
reliability, references,reputation,business ethics, history, qualifications and financial ability of
the Proposers and proposed subcontractors and suppliers. The purpose of such investigation is
to satisfy the County that the Proposer has the experience, resources and commercial
reputation necessary to perform the work and support any warranties in accordance with the
Contract Documents in the prescribed manner and time.
d. The County, at its sole discretion, may require the apparent successful Proposer to
demonstrate, at a place and time designated by the County, that the proposal meets the
performance criteria specified, or to otherwise provide documented proof from independent
reliable sources acceptable to the County that said performance criteria will be met prior to
final acceptance of the proposal. The burden of proof of such a demonstration is on the or
Proposer. In the event that the apparent successful proposer fails to demonstrate or provide
acceptable proof of meeting required performance criteria, that proposal will be rejected and
the next eligible proposer in the selection ranking will be invited to participate in the same
process until a proposal meeting performance criteria is found within the ranking of eligible
proposers. The County reserves the rights to reject any or all proposals or to otherwise accept
the proposal which in the County's sole discretion is in the best interest of the County.
e. Pitkin County reserves the right, if it deems such action to be in the best interests of the
County, to reject any and all proposals or to waive any irregularities or informalities therein.
Any incomplete, conclusionary, false or misleading information provided by proposer shall be
grounds for rejection of the proposal. If proposals are rejected, the County further reserves the
right to investigate and accept the next best proposal in order of ranking or to reject all
proposals and re-solicit for additional proposals.
f. Any questions or disputes involving the documents or procedures not covered by these
Instructions or other proposal documents, shall be resolved by the above-named Procurement
Officer on the basis of fairness, custom in the industry, maximization of competition and best
interests and convenience of the County.
7. Issuance of Notice Of Award, execution of Contract Documents and issuance of a Notice To Proceed
shall be as specified in the Contract Documents and subject to approval by the Board of County
Commissioners.
8. Contracts will be executed on standard Pitkin County Contract documents including the County's
"Required Clauses" and/or by separate agreement with the proposer. Copies of any applicable
standard forms are included with the proposal documents. The County reserves the right to negotiate
with the proposer for contract terms not specified in the Proposing Documents.
9. If the contract awarded as a result of a proposal extends beyond the calendar year, nothing herein
shall be construed as an obligation by the County beyond any amounts that may be, from time to
time, appropriated by the County on an annual basis. It is understood that payment under any con-
tract is conditional upon annual or supplemental statutory appropriation of funds by said governing
body and that before providing services, the Proposer, if he/she so requests, will be advised as to the
status of funds appropriated for services or materials and shall not be obligated to provide services or
materials for which funds have not been appropriated.
� 4
Aspen Earthmoving Proposal
3�.
ASPEN
EARTHMOVING
The Pitkin County Board of Commissioners 10-02-02
C/o Ms.Temple Glassier, DDPW
76 Service Center Rd.
Aspen, Colo. 81611
RE: Aspen Mass Trail
Ladies and Gentlemen,
Please find our proposal attached for the construction of the Aspen Mass Trail. We have included several
additional pieces of information from the Traits Design and Management Handbook that support our
proposal and the methods by which the trail will be constructed. We have made several site visits to the
trail and are familiar with the existing conditions.Utilities are in the same area of the trail, but present no
problems to construction. We have included a scope of work specific to each section of trail for you to
review and approve if we are awarded the contract. We are prepared to begin work immediately.
We have constructed several miles of trails in the County's system, and have consistently delivered
successful projects. We are very proud of our track record on these projects and commit to a continued high
level of performance in construction and management on the County's behalf. We bring an experienced
work force and specialized equipment to these projects to insure that the quality of work and the manner in
which it is performed is consistent with your goals. We will act in the County's best interest as to issues we
encounter on this or any of your projects.
Our proposal package contains a complete summary of our services and examples of projects worked on in
the past for your review.Thank you for the opportunity to submit our proposal.
Sincerely,
icVteve
s
Aspen Earthmoving,LLC.
P.O.Box 1090 Carbondale,Colorado 81623 970-963-0377 Fax 963-2247
PROPOSAL FORM
Proposal Time: October 2, 2002
Proposal Date: 2:00 p.m.
From:
To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Temple Glassier, DDPW
76 Service Center Road
Aspen CO 81611
For: Aspen Mass Trail
Aspen CO 81611.
Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having examined the
Contract Documents, including the site of the proposed work and being familiar with conditions
surrounding the construction of the proposed Project, including the availability of materials and labor
hereby proposed to furnish all labor, materials, supplies, services and supervision required to perform the
work for the project identified above and listed below and as detailed in the Contract Documents for the
sum of:
DESIGN#1
10' wide Crusher Fine Trail • S;e/3o�ivLn9�F T � �;EaS�EciFit �i�o.✓
i
The lump sum of�/VEuc.y ,FtF��'7itl�yJArvr� S%�Hlln'D Dollars ($ -/571 )
Price per foot $ 35r oa
7k/r7fTy
The project will be completed within 30 working days of initiating the Work.
DESIGN#2
10' asphalt Trail • S;y3n.t/.vr7�� i99�i�Cy/E7� s��e:/-/G9i'�o-i,
The lump sum of��s',S/u�� ywwv� F�,p� llars (S
Price per foot $ &
The project will be completed within 30 working days of initiating the Work.
Description:
(BREAKDOWN OF SPECIFICS FOR PROPOSALS)
Aspen Mass Trail
Aspen Earthmoving, LLC.
10-02-02
If additional communication is required regarding this proposal please contact Rick Stevens or David
Tomasetti @ 963-0377. Mailing address is Box 1090, Carbondale,Colo., 81623. Shipping address is 818
Industry Place, Carbondale.
A statement of qualifications is attached as a part of this proposal.A scope of work is attached. We
anticipate starting immediately if awarded the contract. We will complete the trail within the time frame in
the documents. Asphalt will of course be weather dependent, but we intend to pave this year if that is the
decision on the final surface. Compensation will be per the attached breakdown of costs,unless we
negotiate a unit price contract. Subcontractors are limited to Elam Construction.
Thank you.
HARD SURFACE MULTIPLE USE TRA I I. S
phrase"immediately on one side of be submitted to the County (from 3"to 4")should increase
trail" also includes places where prior to laying asphalt. the total cost only about 22%
the adjacent soft surface trail is since only material and trans-
touching the outside edge of the • Both the subgrade and base
pavement. course must be dry and free of portation costs rise—labor and
frost and ice when the asphalt is machinery remain nearly the
laid. same.
GENERAL SPECIFICATIONS • Thoroughly mix approximately 'The finished asphalt surface
FOR ALL ASPHALT WORK 75 lbs of lime into each ton of must be free of imperfections.
base course. The lime will help Where asphalt meets concrete or
The asphalt used should be add additional stability without other hard surfaces, the joint
special-mixed for paths since impairingdrainae must be smooth and even across
paths receive different usage g . the two surfaces. Seams in the
rates and types than roads. The • Apply a root inhibitor beneath asphalt(such as when work is
oil content and aggregate the asphalt to help prevent tree stopped)shall be butt seams
proportions should be optimized roots from heaving the surface. rather than taper seams.
more to adhere to itself than to • provide a 12"drainage shoulder •Plan to seal the entire asphalt
withstand heavy loads. All of crusher fines or select base surface in the second year.
aggregate must pass a 1/2" coarse material(3/4" minus)to Sealing is expensive but the
Screen and most aggregate must help prevent asphalt edge hfespan of the asphalt material
pass 3/8" and 1/4" screens. cracking. Compact the shoulder can be easily doubled or even
• Asphalt paving machines and and slope it away from the tripled by sealing it during its
hand work must be able to form asphalt at 2%. second year. Early sealing
the smooth curves,width The Contractor is responsible greatly helps to keep out the
changes, and surface pitch and for disposing of excavated moisture which destroys
superelevation required. materials which are considered asphalt,helps prevent the
• Both the subgrade and base unsuitable and of any surplus surface from drying out in the
course must be compacted to excavated material not required absence of a "live"load, and
95% of maximum density for embankments or backfill. prevents raveling(the loss of
obtained at optimum moisture individual rocks from the
as determined by AASHTO Note that the thickness of the surface). Use a sand slurry to
T180-57, Method A. Certifica- asphalt mat varies in the form a more skid-resistant seal
individual specifications. coat.
tion of Compaction tests must Increasing the thickness 33%
AsphWPath.Specification
Use with excellent to good subgrade soils in dry and very well-drained sites with low subsur-
face moisture. See"Asphalt path specifications" table for applications.
Crusher fines or select base course
material far drainage shoulder on both 3".asphalt mat Base-course to extend 18"from edge of
sides, well-consolidated and,com- asphalt before tapering to subgrade
patted slope away from asphalt at 2% l;$"
1 12
�,ty�-
�� :Y —0
c it illttFlNl- VIMt( J"tt r tt_=u it'��1
Compact subgrade to 95+0/p Minrtn�um 6"base cou of crushed stone faces
and f-wes ggrega e f mixed with 751bs
lime per ton. Compact base course to 95+%.
-24 Pi skin County Open Space and Trails Program Trails Design and Manr.�ement,Mn aning Handbtxjk '^ r
It is further understood that the right is reserved by the Owner to reject any and all proposals and it is agreed
that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving
proposals.
The undersigned agrees that upon notification of acceptance of this proposal, it will execute a Contract for
the above stated work for the above compensation within the scheduled mutually determined.
The proposer hereby certifies:
A. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed
person, firm or corporation and is not submitted in conformity with any agreement of rules of any
group, association, or corporation.
B. That it has not directly or indirectly induced or solicited any other proposer to put in a false
proposal.
C. That it has not solicited or induced any person, firm, or corporation to refrain from proposing.
The Proposer acknowledges receipt of Addenda's Nos.
The right is reserved to waive any informalities and to reject any Proposal.
(Type/Print name under all signatures)
Dated this��ay of Gt,ra4E71- 2002
(Corporate seal)THE PROPOSER
4/2
SIGNATURES:If the proposal is being submitted by a Corporation, the proposer should be signed by an
officer, i.e. President or vice-president. The signature of the officer signing shall be
attested to by the secretary and properly sealed. If the proposal is being submitted by an
individual or a partnership, the proposal shall so indicate and be properly signed.
(Attach a Separate Sheet for Suggested Cost Savings Alternatives) k+J7_AJCga
Qualifications of Proposer: re A �i CJ�c�SC��cdCez;"--t&vt
Please insert names address, phone numbers and description of similar work
1.
2.
3.
QUALIFICATIONS OF PERSONNEL
Please list assigned personnel and their qualifications
I. ?0_4!09" ."o Ogy Vita
Qualifications:
List of similar work performed: GL'OS�.gs psi Oi=fFSGflL'TJ �p4��� GJE�c ��
Qualifications:
List of similar work performed: �LrgsL /E
Qualifications:
List of similar work performed: S3r2L�.9J ���
-36
CRUSHER FINES SURFACE TRAILS
Method 5 —Alternatives to Crusher Fines in Wet Areas
Crusher fines canna be used on sites which are often or permanently wet,or which are subjected to concentrated water flows. Other
materials and methods can be used instead,some of which are listed here.
-Side swales Concrete Swale or path section Wood decking
If altering the water table on the site is Concrete swales or short sections of A ground-level boardwalk can rest on the
atceptable,swales on both sides of the trail concrete path can cross areas subjected to ground and provide a dry crossing of a
may be able to lower the water table just concentrated water flows(see"Swale damp area without piers or railings(see
enough for crusher fines to be used(see Crossings"in Crusher Fines Trail Boardwalk p.2-99).
"Side Swales and Culverts"in Crusher Drainage).
Fines Trail Drainage, p.3-27),
Boardwalk Bridge Causeway
A short section of boardwalk can cross a A low bridge can be considered across a In some conditions,a causeway can elevate
wet area and create a feature along the trail wet or boggy area. The bridge can be a the crusher fines trail above ground level
(see Boardwalk p.2-99). desirable feature along the trail(see (see"Causeway and Channelization"in
Bridges, p.2-55). Crusher Fines Trail Drainage).
Stepping stones Stone pavement Channelization
On a low-traffic pedestrian-only trail, On a pedestrian-only trail,a short On a pedestrian-only trail,a causeway with
stepping stones can be used to cross an pavement of fitted stones can cross an a short section of stone paving at ground
area which is sometimes wet or damp(see intermittent channel or an occasionally wet level can channel occasional surface water
"Stepping Stones"in Crusher Fines Trail area(see"Swale Crossings"in Crusher across the stone pavement(see"Causeway
Drainage). Fines Trail Drainage). and Channelization"in Crusher Fines
Trail Drainage).
Method 6 - Crusher Fines as a Precursor to a Hard Surface
By building to the highest specification for the combination of subgrade and site conditions for crusher fines and for the selected hard
surface,a crusher fines surface can become the foundation for a hard surface to be constructed later.
Several steps must be taken to prepare the The preferred method for minimal cross method for the hard surface,then combine
crusher fines surface,foundations, slopes is to lay the hard surface at ground the features of both to produce a founda-
subgrade,and excavation for a future level by excavating crusher fines to the tion which meets or exceeds the specifica-
(potential)hard surface. These are listed appropriate depth. The excavated fines can tions in this Handbook for both trail types.
below and partially illustrated on the next be reused if they do not become mixed
page. with soils during excavation. 5.Consider the location of an adjacent
soft surface trail for the hard surface
1.Select the hard surface type 3.Determine the width and drainage During the planning phase for the crusher
Before constructing the crusher fines path, of the crusher fines trail fines trail,determine the likely location for
determine whether the hard surface will be Depending on whether the hard surface an adjacent soft surface trail once the hard
concrete or asphalt(see Hard Surface will be laid on top or within the crusher surface is installed. A corridor should be
Materials:Concrete and Asphalt, p.2-14). fines,the width of the crusher fines trail planned and reserved for the adjacent soft
and the drainage features must be designed surface trail in initial planning and
2.Determine the width and height of to eventually accommodate the hard construction. If crusher fines are
the finished hard surface surface. excavated and replaced with the hard
Both concrete and asphalt can be laid surface,some of these fines may be usable
directly on top of crusher fines,but this 4.Determine the necessary foundation in the new soft surface trail.
raises the trail surface by the thickness of for the both trail types
the concrete or asphalt and can alter site The subgrade preparation and base See illustrations of some planning
drainage,trail drainage,and the users' courses must meet or exceed the specifica- considerations beginning on the near page.
perception of the trail. Raising the surface tions in this Handbook for both the crusher
is most appropriate on steeper cross slopes fines trail and the eventual hard surface.
and on cuts and fills where there is no Choose the appropriate foundation method
natural ground level adjacent to the trail for crusher fines from Methods 1-5 given
surface. above,choose the appropriate foundation
3-46 ciikin County Open Space and Trails Program Trails Design and Managemerz Plar!arzg Handbook
CRUSHER FINES SURFACE TRAILS
■Example 1: Crusher fines 4 concrete,minimal cross slope
This is a hypothetical example using hypothetical site and usage requirements. Actual construction will likely vary.
1.Crusher finesroncepr. base course(method 3) -
Base course of pit run
2.Concrete concept:slab on grade.(In this case,subgrade
preparation for concrete is simpler than for crusher fines.)
3.Initial construction:Build to the more stringent specification,
in this case crusherfines method 3. The thickness of the crusher
fines should be the same as the thickness of the later concrete
surface(6")to make it possible to replace the fines with concrete \Base course needed for crusher fines
without having to excavate the base course.
Crusher fines replaced with concrete
4.Crusher fines are later excavated and replaced with concrete
to form a ground-levei hard surface trail
Base course now strengthens concrete
J Example 2: Crusher fines-�, asphalt,minimal cross slope
This is a hypothetical example using hypothetical site and usage requirements. Actual construction will likely vary.
1. Crusher fines concept:8'wide with geotextile , ..
underlay(method 2)
Road base
c-
3.Asphalt concept:10'wide, road base and pit run
base courses needed for subgrade conditions,
crushed rock shoulders as per asphalt specs Pit run
���Inw--1 construction: Crusherfines widened to 10' 3"crusherfines directly on road base
�forrn foundation for the wider asphalt surface. /
Because fines will be placed on a solid foundation Aam
_ - - - •--•-
of road base,the depth of the fines can be reduced
to 3-4"and the geotextile can be omitted. This
makes it possible to later replace the crusherftnes \
without disturbing the base courses. Foundation required for later asphalt
Crusher fines replaced with asphalt
rusherfines are later excavated and replaced
with the same depth of asphalt to form a ground-
level hard surface trail. Crushed rock shoulders
added
I!tkun county��7,r nac_ena:'jails Program 'razes Design ana Management PIannxng riandb�-'K
CRUSHER FINES SURFACE TRAILS
■Example is Crusher fines-+concrete,minimal cross slope
This is a hypothetical example using hypothetical site and usage requirements. Actual construction will likely vary.
1.Crusherfines concept:base course(method 3)
Base course of pit run
2. Concrete concept:stab on grade.(In this case,subgrade
preparation for concrete is simpler than for crusher fines.)
�orc_
3.Initial construction:Build to the more stringent specification.in this case crusherftnes method 3. The thickness of the crusher
fines should be the same as the thickness of the later concrete
surface(6")to make it possible to replace the fines with concrete Base course needed for crusherfines
without having to excavate the base course.
Ctusherfines replaced with concrete
4. Crusherftnes are later excavated and replaced with concrete \
to form a ground-level hard surface trail
Base course now strengthens concrete
■Example 2: Crusher fines-+ asphalt,minimal cross slope
This is a hypothetical example using hypothetical site and usage requirements. Actual construction will likely vary.
1. Crusherfnes concept:8'wide with geotaxtile
underlav(method 2)
Road base
i
2.Asphalt concept: 10'wide, road base and pit run
base courses needed for subgrade conditions,
crushed rock shoulders as per asphalt specs Pit run
Z3. nival construction: Crusher fines widened to 10' 3"crusher fines directly on road base
o torm joundation for the wider asphalt surface.
Because fines will be placed on a solid foundation ��
of road base,the depth of the fines can be reduced
to 3-4"and the geotexiile can be omitted. This
makes it possible to later replace the crasher fines
without disturbing the base courses. Foundation required for later asphalt
Crusher fines replaced with asphalt
,rusher fines are later excavated and replaced
ih the same depth of asphalt to form a ground-
level hard surface trail. Crushed rock shoulders
added.
Pitkin Covnry Open Space and Trails Program Trails Design and Mar.agerncnr Planning Handbook o-47
t� t
Aspen Mass Trail
Pitkin County Open Space
10-02-02
SCOPE OF WORK:
Construct trail of approximately 4400 lineal feet along alignment shown on a plat provided in the RFP
referenced as Book 22, page 53. We refer to Pitkin County standards for trail construction, copies of
specific trail sections are attached as a part of our proposal. We propose that Method 6, pg. 3-46, Crusher
Fines as a precursor to a Hard Surface, be the basic specification for construction of this trail. Example 2,
pg. 3-47, Crusher fines to asphalt, Item 3, is also referenced as a standard to construct to on which our
proposal is based.
The following is a description of specific sections of trail and what construction methods and material
quantities will be required according to subgrade conditions particular to each section.
Station 0+00 to Station 16+00
From the easterly end of the trail at the Brush Creek Intercept Lot to the property corner of Lot 1 and the
Martin Lot,shown on the plat map,there is approximately 1600 lineal feet of trail.This section will require
grading of existing material to establish a platform of 14 feet in width and a 6" layer of recycled roadbase
prior to placing crusher fines or asphalt. Weed barrier fabric will be installed under the recycled base as per
your request.
Approximately 800 tons of roadbase will be required in this section. The material will be placed with a
laydown machine to insure uniform width,depth, and compaction.This will accommodate a 3" lift of
crusher fines or asphalt as per the trail section detail.
Station 16+00 to Station 19+50
This section traverses an area with vegetation and topsoil that will need to be removed prior to placing
subgrade material. We anticipate removing a minimum of 1'0"of topsoil and stockpiling it for trail use.
Approximately 250 cubic yards will be stripped and stockpiled. After removal of topsoil,3"roadbase will
be placed as a subgrade, fabric and base will be installed. We will require 175 tons of 3"roadbase and 175
tons of recycled roadbase to complete a platform ready to receive fines or asphalt.
Station 19+50 to 24+50
This section consists of an existing roadbase platform that will be regarded and compacted. We do not
anticipate any other material being required except for recycled roadbase to be added for the platform. This
section will require 250 tons of recycled roadbase.
Station 24+50 to Station 28+50
This section will require a fill to mitigate the steep grades coming off of the road platform. The trail will be
realigned to avoid a significant stand of scrub oak and vegetation. Fill will be generated on site from the
alignment along the waterline easement. Some import fill will be required,approximately 500 cubic yards
in total. Approximately 200 tons of roadbase will be required in this section.
Station 28+50 to Station 44+00
This section starts at the top of the hill and follows an existing waterline to the Smith Hill Bridge. This area
will require regarding and significant cleanup of loose, hazardous boulders. There are a couple of blind
corners that may require striping, signage, or removal of vegetation to insure adequate sight distances.
Some areas will require a 3" roadbase leveling course prior to placing recycled base for the platform.
Approximately 450 tons of 3" and 750 tons of recycled will be required for this section.
Please provide any comment to the above scope. Thank You.
Aspen Earthmoving,LLC.
10-02-02
Break down of Costs for Asphalt compared to Crusher Fines Surfaces. Aspen Mass Trail.
Please refer to the proposed Scope of Work attached.
SCOPE ASPHALT CRUSHER FINES
1. Prepare Subgrade $22,000.00 $22,000.00
2. 3"roadbase for leveling course
in specified areas. $12,000.00 $12,000.00
3. Place 3"roadbase $5,000.00 $5,000.00
4. Recycled'/4"roadbase $32,640.00 $32,640.00
5. Place'/4"roadbase $18,000.00 $18,000.00
6. Place fill, includes material $5,000.00 $5,000.00
7. Weed Barrier fabric, installed 0 $3,000.00
8. 3"Asphalt Mat, includes shoulders. $57,000.00 0
9. Crusher fines, Material 0 $25,305.00
10. Place Crusher Fines 0 $20,000.00
11. Management, supervision,bonds $7,000.00 $7,000.00
TOTAL ASPHALT: $158,640.00
TOTAL CRUSHER FINES: $149,945.00
We would use this breakdown for billing purposes.
Thank you.
Aspen Earthmoving, LLC.
Suggested Cost Savings
Aspen Mass Trail
10-02-02
The trail alignment as measured in the field is not as long as represented in the proposal documents. We
would suggest a unit price approach to the project that may affect a savings. Those units would be based on
the breakdown provided in the proposal. At the quotes contained in the proposal the unit cost for asphalt is
$36.00 per lineal foot, and the unit price for crusher fines is $34.00 per lineal foot. Further savings may be
realized if we approach the project in the same way regarding material quantities.
Aspen Earthmoving, LLC.
b
Aspen Earthmoving, LLC
Our Vision
We will create a sustainable organization that is unique in its
market and services
Our Purpose
Aspen Earthmoving, LLC exists so that the owners, management,
and employees:
Can have a significant impact on their destiny and achieve a sense
of individual and team accomplishment
Our Values
Aspen Earthmoving, LLC will conduct its' buisiness in accordance
with the
following basic principles:
We will perform our work to the highest quality standards
expected
by our clients
We will conduct our business with integrity
We will conduct our business in a socially responsible manner to
benefit our community, our clients, and stakeholders
We will treat each other with honesty, integrity, and openness
ASPEN EARTHMOVING, LLC.
Introduction to Aspen Earthmoving, LLC
Aspen Earthmoving, LLC has been providing excavation services in the Roaring Fork
Valley since 1982. Aspen Earthmoving began with 2 owners, 1 employee, 3 pieces of
equipment and 1 dump truck. Over the years Aspen Earthmoving, LLC has evolved into
a much larger operation. Our two owners and five project managers,bring over 150
years of experience in the excavation and construction business. Our strength lies in our
workforce, which is deep with long-term employees. We employ as many as ninety
people at the peak of our season. Operating over 72 pieces of heavy equipment and 34
dump trucks, we are able to provide prompt and flexible response to our customers'
needs.
Scope of Work
Our jobs range from single-load material deliveries, landscaping, and half-day
excavations to custom homes, infrastructure and full-scale developments. We operate on
nearly 450 separate engagements each year and provide our services to over 170 different
customers in the process. However, despite these numbers,it is repeat business that is
our goal. We prefer to cultivate a select group of quality contractors with whom we can
generate a premium product. To that end, our key concepts are: service, quality,
responsiveness, flexibility, and expertise.
Key Personnel
The owners, Chris Smith and Steve Kinney, are long-time residents of the Roaring Fork
Valley and have been operating this business here for twenty years.
Our project managers are Troy Buster, Rick Stevens, Jim Githens, Bobby Holmes, and
Warren Allmon. Many of them have been with the company since its inception. Our
Management Team also includes our, Chief of Maintenance Jon Hegland, and Office
Manager Toni Kuretich. They share the owners' philosophy of quality service, as does
our talented pool of experienced construction personnel.
Maintenance
Aspen Earthmoving, LLC prides itself in its state of the art shop. Our six mechanics'
main priority is to keep our equipment available and running in good condition. All of
our equipment is on a regular maintenance schedule, which keeps it in good working
order and available whenever needed. Our recent customer survey showed that our
customers valued the fact that our equipment is available, modern, clean and reliable.
Health and Safety
We believe strongly in health and safety, and have hired an outside source to help train,
educate, and develop our health and safety program. Every one of our employees has
gone through our training programs and many have a 40 hour Haz-Whopper Certification
and Competent Person Training. All of the employees are trained in First Aid and CPR,
as well as equipment, truck, and small tools maintenance. Throughout the year we offer
in house training for all of our employees in topics ranging from Blueprint reading to
Septic System Installation.
Insurance and Bonding
Aspen Earthmoving, LLC has the financial stability to perform a variety of projects. We
have a bonding capacity of$2,000,000.00 per project. We carry a minimum of
$2,000,000.00 liability insurance and$9,000,000.00 under our umbrella policy. Our
insurance carrier is Blanchard Insurance out of Grand Junction Colorado and our agent is
Mike Deer.
Banking
Zions 1"National Bank
One South Main Street, Suite 216 KB
Salt Lake City,UT 84111
Phone: 801-524-8822
Contact: Michael Brough
Projects completed by Aspen Earthmoving,LLC
A sample of completed projects:
Spruce Street
Water and sewer mains. 1395 feet of 8" C-900 sewer, with four-foot diameter manholes,
re-vegetation and re-construction of roadway.
Total contract: $342,831.00
Trustee Townhomes
Installed 8"PVC and manholes. Project involved some design build that required the
construction of a boulder wall, which provided a platform for the sewer to be constructed.
This project was constructed during the winter months.
Total contract: $111,802.50
Airport Trunkline
Installed 1625 feet of 15"PVC, 40 feet of ductile for road crossing, and installation of 5
foot diameter manholes.
Total contract: $262,911.74
Williams Ranch Subdivision
Installation of all infrastructures required, including sewer mains and services, water
mains and services, gas main line, electric main lines, and phone and cable TV main
lines. Roads and house platforms.
Total contract: $1,201,131.25
Mocklin Subdivision
Installation of entire infrastructure, excavation of 5 houses with related utility
installations.
Total contract: $424,053.72
Eriksen Ranch Subdivision
Installation of entire infrastructure, roads and site development including irrigation and
re-vegitation, as well as rock excavation for sewer main and roads.
Total contract: $2,118,242.77
Pitkin County Trails System
This is a design/build project. Aspen Earthmoving, LLC created a valley trail system on
the railroad corridor from Aspen to Basalt. We provided engineering and design services
for the project, coordinated construction activities with property owners, and completed
the projects on time and within budget.
Contract total as of June, 2002: $2,452,803
The Wilds in Basalt
All site development for a 41 unit upscale townhome community.
Total Contract: $3,000,000.00
Aspen Airport Amoco
Relocation of all underground facilities, gas pumps, and car wash, including remediation.
Total Contract: $1,000,000.00
I �
References
City of Aspen
130 S. Galena
Aspen, CO 81611
Contact: Phil Overeynder Water Dept.
Phone: 970-920-5110
Nick Adeh-Engineering Dept.
Phone: 970-920-5080
Iglehart Construction
617 W. Main Street
Aspen, CO 81611
Contact: George Bruington
Phone: 970-925-5990
Schlumberger Construction
407 Q Aspen Airport Business Center
Aspen, CO 81611
Contact: Marty Schlumberger
Phone: 970-925-8360
Pitkin County
76 Service Center Road
Aspen, CO 81611
Contact: Temple Glassier
Phone: 970-920-5211
Hines Group
P.O. BOX 5 115
Aspen, CO 81612
Contact: Anne Clauss & Bob Daniel
Phone: 970-920-1710
Trade References
GJ Pipe
740 HWY 133
Carbondale, CO 81623
Phone: 970-963-5700
Elam Construction
P.O. Box 13
Woody Creek, CO 81656
Phone: 970-923-2399
LaFarge
Drawer 368
Glenwood Springs, CO 81602
Phone: 970-704-4800
NIIKAC0NSTRUCTI0N, INC.
4559 FRYING PAN ROAD
BASALT, CO 81621
October 24, 2001
Steve Kinney and Chris Smith
Aspen Earthmoving
Post Office Box 290
Carbondale, CO 81623
Dear'^Steve and Chris,
1 am presently winding up a job at 99 Northway Drive in Aspen, and wanted
to take a moment to let you know how pleased I have been with the work
done by your firm. Aspen Earthmoving has been involved in many aspects
of this job...from day one, in June 2000, up until just last month. You've
demo'ed, dug holes, raked rocks, laid sod, prepped drives, lifted rocks, and
generally been indispensable. In other words, you've done your job. What's
so remarkable is HOW you've done it.
It-seems to me when a crew shows up from Aspen Earthmoving they go the
extra mile. There never seems to be any grandstanding-everyone pitches
in in equal amounts. Everyone seems anxious and ready to do whatever job
needs to get clone—whether they are a laborer or heavy machine operator.
I wouldn't be completely honest if I told you I always scheduled work in
advance. More than once Bobby Holmes and the boys have bailed me out of
a bad situation, by accommodating my time crunches. For this I am
pe rt lly appreciative, they made me look good with the client and saved
us time and money on the job.
Let me close by thanking some of your folks in particular—Mike Filbin,
Cary Davis, Jas Christian, Luis Rivara, Juan Castillo, and of course
without question, Bobby Holmes.
Sincerely,
f
T. Michael Peppers, President
� U
Mark IV Inc.
3214 Caimpanif Drive * Santa Barbara CA 93109
Office: 805.687.8255 Fax: 805.687.9745
7/21/98
Misters Steve Kinney and Chris Smith, Owners
Aspen Earthmoving, LLC
Carboadale, CO 81623
Dear Steve and Chris,
During the past three years, my company Mark IV, Inc., as general or co-general partner of two
Joint Ventures in Aspen, has been directly responsible for funding nearly $2,500,000 of
infrastructure work with your company.
During this time, I have continually been amazed to observe the magnitude of effort and
complexity required in accomplishing the various required tasks (having stepped into the role of
a general partner without a construction background). Observing this complexity, relative to
other required project tasks, I find it even more amazing that we have had a three-year
relationship with essentially zero disputes of any magnitude. Work has always been performed in
a timely manner, within agreed upon amounts or rates, and whenever minor disputes or
disagreements have occurred, they have always been resolved in an amicable manner.
I would like to commend your organization for its professional approach to business,for the
quality of your employees, and most importantly for the two principal managers we have the
pleasure of dealing with, Rick Pickard, and Troy Buster. It is hard to believe that these men are
not only hard-nosed results-oriented managers, but in addition, excellent diplomats when they
have been required to deal with cranky neighbors, and other human-oriented complexities that
inevitably occur from time to time.
I will continue to request the services of Aspen Earthmoving for any and all future project
activities that I am involved in, including the new spec home we expect to start in SilverLode
this summer. It is a pleasure doing business with you.
Sincerely Yours
_ r
r
J Markel, President Mark IV, Inc.,
General Partner,WRJV, NSSA
Aspen Earthmoving-7-20-98 Troy.doc-0720/98-8:43 AM
r2.8o Ute Avenue • Suite ax • Aspen, Colorado S16ix
RESERVATIONS 970/9=5-5775 • OFFICE 970/9'-5-4554 • FAx 97o/915-5317 -
WEBSITE WWW.huts.org • E-MAIL hilts@llutS.Org
August 22, 2001
Aspen Earthmoving.
Tony Francello .
Box 109.0
Carbondale, CO 81623
Dear Tony,
Thank you for your:very professional and qualified assistance this season. Projects that
require earth-work;at the huts has traditionally been one of the more challenging of our
renovation tasks. But the ingenuity, perseverance and hard work of you and your crew
made the task appear easy this year. The site at Margy's did pose some especially
difficult challenges because of the small area that could be disturbed. The area of
disturbance around the grey-water installation site, around the back of the but and the
routes into and out of these work areas was remarkably small. The full credit for this is
due to the skill and diligence of you and your crew.
The 101h Mountain pivision Huts present significant maintenance challenges because of
difficult access and!distance from civilization.. It is critically important to the success of
10"' Mountain to work with established, reputable businesses that have proven their
ability to work efficiently in non-traditional settings. The 10th Mountain Huts continue to
provide first-rate experiences to so many people because of the many fine individuals
and businesses that are involved with the huts.
I look forward to doing additional work with you next summer.
Sincerely,
Ben Dodge
Executive Director
Cc: Chris Smith, Troy Buster
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Bonding
Bond No. S9012969
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:That
Aspen Earthmoving,LLC
(Name of Contractor)
P.O.Box 1090,Carbondale,CO 81623
(Address of Contractor)
a Limited Liability Company hereinafter called Principal,
(Corporation,Partnership or Individual)
and
Washington International Insurance Company
(Name of Surety)
P.O.Box 60130, Grand Junction,CO 81506
(Address of Surety)
Hereinafter called Surety, are jointly and severally held and firmly bound unto
Pitkin County
(Name of Owner)
76 Service Center Road,Aspen,CO 81611
(Address of Owner)
hereinafter called OWNER, in the penal sum of One Hundred Fifty Nine Thousand Four Hundred Eighty and 00/100--- --- -
--- --------- ------------------ -- ------------- - --- - -- ----------- --- ----------- --------- -
DOLLARS, ($ 159,480.00 ) in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the
OWNER, dated the 3rd day of October 2002 a copy of which is hereto attached and
made a part hereof for the construction of:
Build the"Aspen Mass Trail
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants,
terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which
may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he
shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the
OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the
OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
S-4157/GEEF 2/98 Page 1 of 2 h
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the
SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS. Additionally, the Surety agrees to be bound by and fully comply with all of the provisions of the
Contract that is the subject of this BOND.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each one
(number)
of which shall be deemed an original, this 10 day of October 2002
ATTEST: Aspen Earthmoving,LLC
Principal
By
(Principal)Secretary
(SEAL) P.O. Box 1090,Carbondale,CO 81623
(Address)
Witness as to Principal
(Address)
Washington International Insurance Company
Surety
ATTEST:
By
Wit es as o Surety Attorney-in-Fact
Timothy J. Blanchard
P.O. Box 60130, Grand Junction,CO 81506 _ P.O. Box 60130,Grand Junction, CO 81506
(Address) (Address)
NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute
BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the State where the PROJECT is located.
(Accompany this bond with Attorney-in-fact's authority from the Surety to execute bond, certified to include the date of the
bond.)
S-4157/GEEF 7/98 Page 2 of 2 1
�J I
PAYMENT BOND Bond No. S9012969
KNOW ALL MEN BY THESE PRESENTS: That
Aspen Earthmoving,LLC
(Name of Contractor)
P.O. Box 1090,Carbondale, CO 81623
(Address of Contractor)
a Limited Liability Company hereinafter called Principal,
(Corporation,Partnership or Individual)
and
Washington International Insurance Company
(Name of Surety)
P.O. Box 60130,Grand Junction,CO 81506
(Address of Surety)
Hereinafter called Surety, are jointly and severally held and firmly bound unto
Pitkin County
(Name of Owner)
76 Service Center Road,Aspen,CO 81611
(Address of Owner)
hereinafter called OWNER, in the penal sum of One Hundred Fifty Nine Thousand Four Hundred Eighty and 00/100---- -- - -
- - ---- ---------------- --- - - -- -- --- --- ---- -- ------- --------- - - ------------ -------------
DOLLARS, ($ 159,480.00 ) in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the
OWNER, dated the 3rd day of October 2002 a copy of which is hereto
attached and made a part hereof for the construction of:
Build the Aspen Mass Trail
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and
corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract,
and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal
and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such
WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK whether by
SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
S-4158/GEEF 2/98 Page 1 of 2 /
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the
SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the
SPECIFICATIONS. Additionally, the Surety agrees to be bound by and fully comply with all of the provisions of the
Contract that is the subject of this BOND.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each one
(number)
of which shall be deemed an original, this 21st day of October , 2002
ATTEST: Aspen Earthmoving,LLC
Principal
By
(Principal)Secretary
(SEAL) P.O.Bo 1090,Carbondale, CO 81623
(Address)
Witness as to Principal
(Address)
Washington International Insurance Company
ATTEST: sure
By
Witne s Surety Attorney= -Fact
Timothy J. chard
P.O. Box 60130, Grand Junction,CO 81506 P.O. Box 60130, Grand Junction,CO 81506 _
(Address) (Address)
NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute
BOND.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the State where the PROJECT is located.
(Accompany this bond with Attorney-in-fact's authority from the Surety to execute bond, certified to include the date of the
bond.)
S-4158/GEEF 2/98 Page 2 of 2
J
SURETY RIDER
To be attached to and form a part of
Bond No. S9012969
Type of
Bond: Performance&Payment Bond
dated
effective 10/03/2002
(MONTH-DAY-YEAR)
executed by Aspen Earthmoving,LLC as Principal,
(PRINCIPAL)
and by Washington International Insurance Company as Surety,
in favor of Pitkin County
(OBLIGEE)
in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing
The Maintenance period of Bond No. S9012969 from: 1 Year
To: 2 Years per Contract Specifications
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated.
This rider
is effective 10/03/2002
(MONTH-DAY-YEAR)
Signed and Sealed 10/21/2002
(MONTH-DAY-YEAR)
Aspen Earthmoving,LLC
(PRINCIPAL)
By:
(PRINCIPAL)
Washington International Insurance Company
BURET
By-
(ATTORNE -IN-FA T) imothy J. BlAchard
3-04431GEEF 10199 h�
O
100500
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
the laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International
Insurance Company,a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois,each does hereby make,constitute and appoint:
Eileen A.Blanchard and Timothy J.Blanchard
jointly or severally
its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the
amount of: FIVE.MILLION(15,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 241h of March,2000:
"RESOLVED,that any two of the President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secretary or any
Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company,bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney,and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached.
\\\``p\\�p11IliTry
a? °° �rF 9y By r
SEALQ Paul D.Amstutz,P t t to xecu ive ¢cr o!Washivgten Infernallooal Insunnce Compvay& r''
na % 1973 ty = Vice President orNonh American Specialty Insurance Company off=.;CORPORATE t
SEALZONA
•m
=z
By
Steven P.And enan,Executive Vice President or Washington International Insurance Company&
Vice Presidentof North American Specialty Insurance Company 'etr "'sass sss
IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 8 day of October 2002
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
Country of DuPage ss:
S day of October 20 02 ,before me,a Notary Public,personally appeared Paul D.Amstutz President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P.Anderson
Executive Vice President of Washington International Insurance Company&Vice President of North American Specialty Insurance Company,
personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of,and acknowledged
said instrument to be the voluntary act and deed of,their respective companies.
ntriuldwkYAMMAPpu axone, V�
~0'�"a'°"�"e�t0"'� Yasmin A. Patel,Notary Public
I, James A.Carpenter Vice President&Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of
North American Speciality Insurance Company,do hereby certify,that the above and foregoing is a true and correct copy of a Power of Attorney given
by the companies,which is still in full force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 21 s tday of OC tob e r ,20 02
.tam.A.Carpenter,Vice President&Assistant Secretary o!Washington International Insurance Company&
Assivant Secretary aI Nbnh American Speciality Insurance Company
acORD CERTIFICATE OF LIABILITY INSURANCE csSPEN- Cs DATE(MM/1/0
1 10/2 /02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Blanchard Insurance Group Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P.O. Box 60130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Grand Junction CO 81506
Phone: 970-945-6203 Fax:970-945-1533 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Maryland Casualty Company
LC INSURER B: St. Paul Fire & Marine Ins. Cc
& A spen Iron Investments,Aspen Earthmonve Lstmeennts, Inc. INSURERC: Pinnacol Assurance
PO Box 1090 INSURER D: National Union Fire Insurance
Carbondale CO 81623
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR POLICY EFFECTIVE POLICY
L7R TYPE OF INSURANCE POLICY NUMBER DATE MMIb DATE MM/DDlYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY CON25426884 05/01/02 05/01/03 FIRE DAMAGE(Any one fire) $ 300,000
CLAIMS MADE a OCCUR MED EXP(Any one person) $ 10 ,0 0 0
PERSONAL&ADV INJURY $ 1,000,000
GENERALAGGREGATE $ 2,OOO,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
POLICY 7
PRO-
JECT LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
A X ANY AUTO CON25426884 05/01/02 05/01/03 (Ea accident)
ALL OW NED AUTOS
BODILY INJURY $
SCHEOULEDAUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $ 9,000,000
D X OCCUR CLAIMS MADE BE1399711 05/01/02 05/01/03 AGGREGATE $ 9,000,000
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND
TORY LIMITS ER
UIH-
C EMPLOYERS'LIABILITY 2276690 07/01/02 07/01/03 E.L.EACH ACCIDENT $ 500,000
E.L.DISEASE-EA EMPLOYE $ 500,000
E.L.DISEASE-POLICY LIMIT $ 500,000
OTHER
A Property CON25426884 05/01/02 05/01/03 Bldg & Ct 1000 ded
B Contractors Equip IM08309799 05/01/02 05/01/03 Special 1000 ded
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Re: Build the Aspen Mass Trail
CERTIFICATE HOLDER N 1 ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION
0000000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
Pitkin County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
76 Service Center Road IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Aspen CO 81611
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S(7/97) CACORD CORPORATION 1988
NOTICE OF AWARD
Date: October 3, 2002
TO: Aspen Earthmoving
PO Box 1090
Carbondale, CO 81623
The Owner, having duly considered the Proposal submitted on October 2, 2002 for work covered by the
Contract Document titled Aspen Mass Trail in the amount of$159 480.00 (Design#2), and it appearing
that the Price and other information in you Proposal Form is fair, equitable and to the best interest of the
Owner, the offer in your Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents, you are required to execute the Agreement and
Bonds in three copies within ten (10) consecutive days from and including the date of this Notice of Award.
In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with
the requirement for insurance as stated in the Contract Documents to Temple Glassier, DDPW, 76 Service
Center Road, Aspen CO 81611, 970-920-5374 fax.
PITKIN COUNTY
By:
Temple Glassier, DDPW Date
==========================ACCEPTANCE OF NOTICE============================
Receipt of the above Notice of Award is hereby acknowledged
By this day of 2002•
Title
NOTICE TO PROCEED
DATE: October 7, 2002
TO: Aspen Earthmoving
PO BOX 1090
Carbondale, CO 81623
FROM: Pitkin County Open Space and Trails
76 Service Center Road
Aspen CO 81611
You are hereby authorized to proceed on October 7, 2002 or within ten (10)consecutive calendar day
thereafter, with the work covered by the Contract Documents titled: Aspen Mass Trail for the sum of
One hundred fiftv nine thousand four hundred eighty dollars $159 480 00
All required permitting should be approved and on site prior to commencement of work.
By:
Temple Glassier, DDPW Date
Ln 1
NOTICE OF FINAL PAYMENT
Notice is hereby given that the Board of County Commissioners of Pitkin County, Colorado, hereinafter the
"Board," shall make final settlement for the work contracted to be done on the project known as Aspen
Mass Trail, hereinafter the "Project," to Aspen EarthmovinQ, hereinafter the "Contractor," on
Any person, co-partnership, association of persons, company or corporation that has furnished labor,
materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by the
Contractor or his subcontractors in or about the performance of the work contracted to be done or that
supplies rental machinery, tools, or equipment to the extent used in the prosecution of the work, whose
claim therefor has not been paid by the Contractor or his subcontractors shall file with the Board written
verified notice of such claims at any time up to and including the time of final settlement first stated above
or forever waive any and all claims, without limitation, pursuant to 1973 CRS 38-26-107, as amended,
against the Board of County Commissioners, Pitkin County, Colorado and the Project.
All claims must be addressed as follows:
Board of County Commissioners
c/o
Temple Glassier
76 Service Center Road
Aspen CO 81611
V
Plat
C �
Aspen Mass Trail
'th ill N/a
S
PItc01
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Pitco/COA i
1
Pitco/COA
s \
N \�
Mills \
t
i
\ Jaffee Park
\ 1
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CDOT
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i
Existing Easment
Proposed change along water line cut and away from fence in CDOT's parcel `�
PITKIN COUNTY, COLORADO
GENERAL CONDITIONS
FOR
CONSTRUCTION CONTRACTS
(Version GC-99-1) updated 2/26/02
TABLE OF CONTENTS
Article 1 -Abbreviations,Definitions, and Provisions of General Applicability.
1.1. Abbreviations
1.2. Definitions
Article 2 - Preliminary Matters
2.1. Delivery of Bonds
2.2. Copies of Documents
2.3. Commencement of Contract Time,Notice to Proceed
2.4. Starting the Project
2.5. Before Starting the Project
2.6. Pre-construction Conference
2.7. Project Progress Meetings
Article 3 - Contract Documents,Intent,Amending,Ownership,Escrow Bid Documents
3.1. Intent
3.2. Amending and Supplementing Contract Documents
3.3. Reuse of Documents
3.4. Precedence of Contract Documents
Article 4-Availability of Lands,Physical Conditions, Reference Points.
4.1. Availability of Lands
4.2. Physical Conditions
4.2.1. Exploration and Reports
4.2.2. Existing Structures
4.2.3. Report of Differing Conditions
4.2.4. Procurement Officer's Review
4.2.5. Possible Document Change
4.2.6. Possible Price and Time Changes
4.3. Physical Conditions - Underground Facilities
4.3.1. Shown or Indicated
4.3.2. Not Shown or Indicated
4.4. Reference Points
4.5. Protection of Existing Vegetation and Restoration of Property and Landscape
4.6. Hazardous Materials
4.7. Contractor's Representations
Article 5 - Bonds,Indemnification,Liability, and Insurance
Cn `�
5.1. Performance,Payment, and Maintenance Bonds
5.2. Indemnification
5.3. Contractor's Insurance
Article 6- Contractor's Responsibilities.
6.1. General Responsibilities
6.2. Supervision and Superintendence
6.3. Labor, Materials, and Equipment
6.4.-6.6 Reserved
6.7. Work Schedule
6.8. Substitutes of "Or-Equal" Items
6.9. Subcontractors, Suppliers and Others
6.10 Patent Fees and Royalties
6.11 Permits
6.12 Laws and Regulations
6.13 Taxes
6.14 Use of Premises
6.15 Record Documents
6.16 Safety and Protection
6.17 Emergencies
6.18 Shop Drawings and Samples
6.19 Claim Release,Mechanics' Lien
6.20 Continuing the Work
6.21 Contractor's Facilities
Article 7 -Other Work.
7.1. Related Work at Site
7.2. Coordination
Article 8 - County's Responsibilities.
8.1.
Article 9 - Procurement Officer's Status During Construction.
9.1. County's Representative
9.2. Visits to Site
9.3. Project Representation
9.4. Clarification and Interpretation
9.5. Authorized Variations in Work
9.6. Rejecting of Defective Work
9.7 Shop Drawings, Change Orders and Payments
9.8 Decisions on Disputes
9.9 Reserved
9.10 Limitations on The Procurement Officer's Responsibilities
Article 10- Changes in the Work.
10.1. County Initiated Changes
10.2. Written Notice of Change
10.3. Change Order
10.4. Contractor Change Request
10.5. Down Time4
10.6. Submittal Requirements and Waiver of Claims
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Article 11 - Changes of Contract Price or Contract Time.
11.1. Contract Price Adjustments
11.2. Contract Time Adjustments
11.3. Force Account Work
11.4. Contract Sum Determination
11.4.1. Direct Labor
11.4.2. Labor Burden
11.4.3. Direct Material, Supplies,Installed Equipment
11.4.4. Equipment
11.4.5. Bonds, Insurance, Permits and Taxes
11.4.6. Subcontract Costs
11.4.7. Overhead and Profit
11.4.8. Totals as Equitable Adjustment
11.5. Cost and Pricing Data
11.5.1. Certificate of Current Cost or Pricing Data
11.5.2. Vendor Statements
11.5.3. Price Reductions for Defective Costs or Pricing Data
11.6. Variation in Quantity of Unit Priced Items
Article 12 - Reserved
Article 13 -Warranty and Guarantee (Maintenance Bond); Tests and Inspections; Correction,
Removal or Acceptance of Defective Work.
13.1. Warranty
13.2. Access to Work
13.3. Tests and Inspections
13.4. Uncovering Work
13.5. County May Stop the Work
13.6. Correction or Removal of Defective Work
13.7. Correction Period
13.8. Acceptance of Defective Work
13.9. County May Correct Defective Work
13.10. Unauthorized Work
Article 14 -Construction Schedule, Schedule of Values,Payments to Contractors, and Completion
14.1. Schedules
14.2. Application for Progress Payment
14.3. Contractor's Warranty of Title
14.4. Review of Application for Progress Payments
14.5. Substantial Completion
14.6. Partial Utilization
14.7. Final Inspection
14.8. Final Application for Payment
14.9. Settlement Date, Notice to Subcontractors,Acceptance and Final Payment
14.10. Contractor's Continuing Obligation
14.11. Liquidated Damages
Time for Completion
Time is of the Essence to the Agreement
Liquidated Damages
Delays in Work Completion of Construction Phase
Excusable Delays - Force Majeure
Cumulative Remedy
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14.12 Waiver of Claims
Article 15 - Suspension of Work and Termination.
15.1. County May Suspend Work
15.2. County May Terminate
15.3. Contractor May Stop Work or Terminate
Article 16- Miscellaneous.
16.1. Giving Notice
16.2. Computation of Time
16.3. General
16.4. Independent Contractor Status
16.5. Audit and Records
16.5.1. Data and Records
16.5.2. Cost or Pricing Data
16.5.3. Availability
16.5.4. Contract.Termination
16.5.5. Appeals, Litigation, or Claims
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INTRODUCTION
The Contract Documents are complementary, and what is required by any one shall be as binding as if
required by all, unless certain services or equipment are specifically excluded. These General Conditions
have been prepared to be incorporated by reference into the Contract entered into between the County and
the Contractor. In the event of conflict or inconsistency among the Contract Documents, the order of
precedence set forth in the Contract for Construction shall govern the interpretation of the Contract between
the County and the Contractor. Words and abbreviations which have well-known technical or trade
meanings are used in the Contract Documents in accordance with their recognized meanings, provided
however that those terms required to be defined in the Proposal by the Contractor shall have the meaning
given to them in the Proposal to the extent that they are not in conflict with any other part or term of the
Contract Documents.
ARTICLE I -ABBREVIATIONS AND DEFINITIONS
1.1. Whenever the words, forms, or phrases defined herein, or pronouns used in their place occur in the
Contract Documents, the intent and meaning shall be interpreted as follows:
AASHTO American Association of State Highway and Transportation Officials
AIA American Insurance Association
AISI American Iron and Steel Institute
ANSI American National Standards Institute (formerly ASA and USASI)
ASCE American Society of Civil Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gauge
AWS American Welding Society
BAFO Best and Final Offer
CDOT Department of Transportation, State of Colorado
DHA Detailed Hazards Analysis
EBD Escrow Bid Documents
EIA Electronic Industries Association
EPA United States Environmental Protection Agency
FCC Federal Communications Commission
FHWA Federal Highway Administration
FTA Federal Transit Administration
HVAC Heating,Ventilation, and Air Conditioning
MUTCD Manual on Uniform Traffic Control Devices
NACE National Society for Corrosion Engineers
NBS National Bureau of Standards
NEC National Electric Code
NESC National Electric Safety Code
NFPA National Fire Protection Association
NTP Notice to Proceed
O&M Operations and Maintenance
OSHA Occupational Safety and Health Administration
PHA Preliminary Hazards Analysis
RFP Request for Proposals
SAE Society of Automotive Engineers
SICS American Institute of Steel Construction
SSPC Special Society for Paint Council
UD&FCD Urban Drainage and Flood Control District
UL Underwriter's Laboratories, Inc.
UMTA United States Department of Transportation, Urban Mass Transportation Authority
1.2. Wherever used in these General Conditions or in the other Contract Documents the following terms
have the meanings indicated which are applicable to both the singular and plural. Unless otherwise stated
in the Contract Documents, words which have well-known technical or construction industry meanings are
used in the Contract Documents in accordance with their recognized meanings.
Addenda - Written or graphic instruments issued prior to the opening of Proposals or Notice of Award
which clarify, correct or change the proposal documents, Contract Documents, drawings, details or
specifications.
Bid - The offer or proposal of the bidder submitted on the prescribed form(s) setting forth the prices for the
Work to be performed. Bid and Proposal are used interchangeably.
Bidder - Any qualified responsible and responsive firm or corporation submitting a Proposal for the Work.
Bidder and Proposer are used interchangeably.
Bid Package- All information and standard Contract Documents prepared by the County to assist potential
bidders/proposers to prepare their bids/proposals.
Bonds - Bid, performance, payment, maintenance bonds and other acceptable instruments of financial
security, furnished by the Contractor and his/her surety in accordance with the Contract Documents.
Change Order-A written order to the Contractor authorizing an addition, deletion or revision in the Work
within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or
Contract Time, issued on or after the Effective Date of the Contract for Construction.
County or Owner- Pitkin County, Colorado.
Contract - All contract documents attached to the Contract for Construction and made a part thereof as
provided herein.
Contract Documents - The Contract including RFP, Proposal, Addenda, General Conditions, Special
Conditions, Contract for Construction, Proposal Bond, Notice of Award, Payment, Performance, and
Maintenance Bonds, Drawings identified in the Contract Documents or attached as part of the Proposal, and
Specifications identified in the request for proposal or attached as part of the Proposal, Affidavit of
Compliance form, Liquidated Damages form, Contractor's License form, Daily Construction Log form,
Progress Pay Estimate form, and Insurance Certificates.
Contract for Construction - The written agreement between County and Contractor covering the Work to
be performed.
Contractor - The qualified responsible and responsive firm or corporation with whom the County has
entered into the Contract for Construction.
Contract Price - The moneys payable by the County to the Contractor under the Contract Documents as
stated in the Contract for Construction (subject to the provisions of paragraph 11.4.), except for the Minor
Contract Revisions item(s)which are subject to the County's written authorization for expenditure.
Contract Time - The number of the consecutive calendar days or the working days and/or the deadline set
in the Contract Documents for the completion of the Work.
Daily Construction Log — A form furnished by the County Procurement Officer, used by the County
Procurement Officer to record the Contractor's daily work quantities and project events. When required by
Special Conditions, the daily construction log is the only verified justification for payment to the
Contractor.
Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty
or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged
prior to the Procurement Officer's recommendation of final payment (unless responsibility for the
protection thereof has been assumed by the County at Substantial Completion in accordance with paragraph
14.5 or 14.6).
Drawings - The part of the Contract Documents which show the character and scope of the Work to be
performed and which have been prepared or approved by the professional identified in the Contract
Documents.
Effective Date of the Contract for Construction - The date indicated in the Agreement on which it
becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and
delivered by the last of the two parties to sign and deliver.
Field Order - A written order affecting a change in the Work not involving an adjustment in the Contract
Time, issued by the Procurement Officer to the Contractor during construction.
Hazardous Materials - The term "Hazardous Materials" shall have the meaning set forth at 42 U.S.C. §
9601(14) and regulations promulgated pursuant thereto.
Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, procurement code
and/or orders.
Notice of Award - The written notice by the County to the apparent successful proposer stating that upon
compliance by the apparent successful proposer with the conditions precedent enumerated therein, within
the time specified, the County will sign and deliver the Contract.
Notice to Proceed - A written notice given by the County to the Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform Contractor's
obligations under the Contract Documents.
Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a
related purpose)before reaching Substantial Completion for all the Work.
Procurement Code—Section 8.5 of the Pitkin County Home Rule Charter, Resolution No. 82-37,April 12,
1982.
Progress Pay Estimate - A form furnished by the Procurement Officer, which, when required by Special
Conditions, is to be used to record, approve, and process payment when the Contractor requests progress or
final payments and which is to include such supporting documentation as is required by the Contract
Documents.
Project - The total construction of which the Work to be provided under the Contract Documents may be
the whole, or a part as indicated elsewhere in the Contract Documents.
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Project Inspector—That person designated by the Procurement Officer to observe construction, materials
placement and testing and to prepare the Daily Construction Logs and field reports.
Procurement Officer—That person identified as such in the Request for Proposals.
Punch List - A form or letter that lists all incomplete or deficient Contract items, and is prepared upon
substantial completion of the Work by the Procurement Officer.
Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are
specifically prepared by or for the Contractor and/or the Subcontractor to illustrate some portion of the
Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and
other information prepared by a Supplier and submitted by the Contractor and/or the Subcontractor to
illustrate material or equipment for some portion of the Work.
Specifications - Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work and certain
administrative details applicable thereto.
Subcontractor - A firm or corporation having a direct contract with the Contractor or with any other Sub-
contractor for the performance of a part of the Work at the site.
Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the
opinion of the Procurement Officer as evidenced by the Procurement Officer's acceptance, is sufficiently
complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for
which it is intended. The terms "substantially complete" and "substantially completed" as applied to any
Work refer to Substantial Completion thereof.
Special Conditions or Special Provisions - The part of the Contract Documents which amends or
supplements these General Conditions.
Supplier - A manufacturer, fabricator, supplier, distributor, material or vendor who supplies materials or
equipment for the Work including that fabricated to a special design but who does not perform labor at the
site.
Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements containing such facilities which have been
installed underground to furnish any of the following services for materials; electricity, gases, steam, liquid
petroleum products, telephone or other communications, cable television, water, wastewater and surface
runoff removal, traffic or other control systems.
Unit Price Work- Work to be paid for on the basis of unit prices.
Work- The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into the construction, all as required by the Contract
Documents and those not specifically mentioned but necessary for successful completion of the Proposal
items.
Written Notice or Written Notice of Amendment - A written amendment of the Contract Documents,
signed by the County and the Contractor on or after the Effective Date of the Contract for Construction and
normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the
Contract Documents
ARTICLE 2-PRELIMINARY MATTERS
2.1 Delivery of Bonds:
When Contractor delivers the executed Contracts to the person designated in the Contract Documents, the
Contractor shall also deliver such Bonds as the Contractor is required to furnish in accordance with
paragraph 5.1.
2.2 Copies of Documents:
The County shall furnish to the Contractor up to five (5) copies (unless otherwise specified) of the Contract
Documents as are reasonably necessary for the execution of the Work, except that only one full-scale
reproducible copy of each Contract Drawing will be provided free of charge. Additional copies will be
furnished, upon request, at the cost of reproduction.
2.3 Commencement of Contract Time,Notice to Proceed:
Prior to the County issuing a Notice to Proceed, either the County Manager or the Chair of the Board of
County Commissioners of Pitkin County, Colorado, or the appropriate department or section head, shall
approve the Contract Documents and shall execute the same. Notwithstanding any representations to the
contrary made by County's employees, either directly, indirectly, or by implication, no Contract shall be in
effect nor shall be binding upon the County until such time as the Contract is executed by the County
pursuant to authority granted in accordance with Resolution Nos. 93-170 and 83-10 or the Procurement
Code. The County shall issue a Notice to Proceed after either (a) the County Manager and/or appropriate
department or section head has executed the Contract, or (b) The Board of County Commissioners
("BOCC") has authorized the execution of the Contract, and the Contractor has executed the Contract and
other Contract Documents, and has delivered the specified bonds, Certificates of Insurance, as are required,
and any other documents required to be delivered by the Special Conditions and Addenda(s) if any issued.
The Contract Time will commence to run on the day indicated in the Notice to Proceed.
2.4 Starting the Project:
The Contractor shall start to perform the Work on the date when the Contract Time commences to run, but
no Work shall be done at the site prior to the date on which the Contract Time commences to run and prior
to a mandatory pre-construction conference conducted by the County.
2.5 Before Starting the Project:
Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
The Contractor shall promptly report in writing to the Procurement Officer any conflict, error or
discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from
the Procurement Officer before proceeding with any Work affected thereby.
2.5.1. Within Three (3) Days after the Effective Date of the Contract (unless otherwise specified in the
Special Conditions or General Requirements), the Contractor shall submit to the Procurement Officer for
review:
2.5.1.1. An estimated progress schedule indicating the starting and completion dates of the various
stages of the Work;
2.5.1.2. A preliminary schedule of Shop Drawing submissions; and
2.5.1.3. Quality Control and Quality Assurance (QC/QA) plan and policy to identify the specific
steps the Contractor will take to ensure the highest quality in the constructed Proposal
items.
2.5.1.4. A Work Zone Safety Implementation & Enforcement Plan with specific action process.
2.5.2. Before any Work at the site is started, the Contractor shall deliver to County Risk Management
and/or the Procurement Officer, copies of certificates (and other evidence of insurance requested by the
County) which the Contractor is required to purchase and maintain.
2.6 Pre-construction Conference:
Within seven (7) consecutive calendar days after the Effective Date of the Notice of Award, and before the
Contractor starts the Work at the site, he/she and all of his/her subcontractors and suppliers shall attend a
mandatory pre-construction conference, conducted by the Procurement Officer and others as appropriate to
discuss coordination of construction activities, procedures for handling Shop Drawings and other issues,
and to establish a working understanding among the parties as to the Work.
2.7 Project Progress Meetings
The County and the Contractor shall meet once a week to review the construction activities, rate of
progress, and other project related issues to ensure efficient and smooth progress of work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE
3.1 Intent:
The Contract Documents comprise the entire agreement between the County and the Contractor concerning
the Work. The Contract Documents are complementary; what is called for by one is as binding as if called
for by all.
3.1.1. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment
that may reasonably be inferred from the Contract Documents as being required to produce the intended
result will be supplied whether or not specifically called for. Reference to standard specifications, manuals
or codes of any technical society, organization or association, or to the Laws or Regulations of any
governmental authority, whether such reference be specific or by implication, shall mean the latest standard
specification, manual, code or Laws or Regulations in effect at the time of opening of Proposals (or, on the
Effective Date of the Contract if there were no Proposals) except as may be otherwise specifically stated.
However, no provision of any referenced standard specification, manual or code (whether or not
specifically incorporated by reference in the Contract Documents) shall be effective to change the duties
and responsibilities of the County, the Contractor or the Procurement Officer, or any of their consultants,
agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the
Procurement Officer, or any of the Procurement Officer's consultants, agents or employees, any duty or
authority to supervise or direct the furnishing or performance of the Work, or any duty or authority to
undertake responsibility contrary to the provisions of Article 9. Clarifications and interpretations of the
Contract Documents shall be issued by the Procurement Officer as provided in Section 9.4.
3.1.2. If, during the performance of the Work, Contractor finds a conflict, error or discrepancy in the
Contract Documents, the Contractor shall so report to the Procurement Officer in writing at once and before
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proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from the
Procurement Officer.
3.2 Amending and Supplementing Contract Documents:
The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or
to modify the terms and conditions thereof in one or more of the following ways:
3.2.1. A formal Amendment of the Contract for Construction;
3.2.2. A Change Order pursuant to paragraph 10.3. As indicated in Article 11 Contract Price and
Contract Time may only be changed by a Change Order or a Written Notice of Amendment.
3.2.3. In addition,the requirements of the Contract Documents may be supplemented, and
minor variations and deviations in the Work may be authorized, in one or more of the following ways:
3.2.3.1. A Field Order (pursuant to paragraph 9.5);
3.2.3.2.The Procurement Officer's approval of a Shop Drawing or sample (pursuant to paragraphs
6.18.5 and 6.18.6); or,
3.2.3.3. The Procurement Officer's written interpretation or clarification(pursuant to paragraph 9.4).
3.3 Reuse of Documents:
Neither the Contractor nor any Subcontractor or Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect contract with the County shall have or acquire any title
to or ownership rights in any of the design details, drawings or specifications.
3.4 Precedence of Contract Documents:
Notwithstanding the precedence set forth in the Pitkin County Construction Contract Agreement, a Change
Order governs over all other Contract Documents impacted by the change. The Special Conditions govern
over the General Conditions. In case of conflict between the Drawings and Specifications, specifications
govern. Technical specifications govern over any conflicting provision of the RFP. Figure dimensions on
Drawings govern over General Drawings.
ARTICLE 4-AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS
4.1 Availability of Lands:
The County shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be
performed, and rights-of-way and easements for access thereto. The Contractor shall have full
responsibility with respect to any conditions or provisions contained in applicable easements relating to the
lands upon which the Work is to be performed.
4.2 Physical Conditions:
4.2.1. EXPLORATIONS AND REPORTS: Reference is made to the Special Conditions for
identification of those reports of explorations and tests of subsurface conditions at the site that have been
utilized by the Procurement Officer in preparation of the Contract Documents. The Contractor may
reasonably rely upon the accuracy of the technical data contained in such reports, but not upon non-
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technical data, interpretations or opinions contained therein or for the completeness thereof for the
Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6.
the Contractor shall have full responsibility with respect to subsurface conditions at the site. Contractor
shall not, by virtue of this paragraph, be relieved from exercising ordinary skill and competence with
respect to reliance upon the accuracy of the technical data contained in such reports.
4.2.2. EXISTING STRUCTURES: Reference is made to the Special Conditions for identification of
those drawings of physical conditions in or relating to existing surface and subsurface structures (except
Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been
utilized by the Procurement Officer in preparation of the Contract Documents. The Contractor may
reasonably rely upon the accuracy of the technical data contained in such drawings, but not for the
completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding
sentence and in paragraph 4.2.6. the Contractor shall have full responsibility with respect to physical
conditions in or relating to such structures. The Contractor shall not, by virtue of this paragraph, be relieved
from exercising ordinary skill and competence with respect to reliance upon the accuracy of the technical
data contained in such drawings.
4.2.3. REPORT OF DIFFERING CONDITIONS: If the Contractor believes that any technical data on
which the Contractor is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate; or any
physical condition uncovered or revealed at the site differs materially from that indicated, reflected or
referred to in the Contract Documents, then, the Contractor shall promptly, after becoming aware thereof
and before performing any Work in connection therewith (except in an emergency as permitted by
paragraph 6.22) notify the County and the Procurement Officer in writing about the inaccuracy or
difference.
4.2.4. PROCUREMENT OFFICER'S REVIEW: The Procurement Officer will promptly review the
pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect
thereto and advise the County in writing (with a copy to the Contractor) of the Procurement Officer's
findings and conclusions.
4.2.5. POSSIBLE DOCUMENT CHANGE: If the Procurement Officer concludes that there is a material
error in the Contract Documents or that because of newly discovered conditions a change in the Contract
Documents is required, a Change Order will be issued as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
4.2.6. POSSIBLE PRICE AND TIME ADJUSTMENTS: In each such case, an increase or decrease in
the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be
allowable to the extent that they are attributable to any such inaccuracy or difference as described in Section
4.2.3. The Contractor shall meet with and obtain approval from the Procurement Officer or his/her designee
prior to implementing any such change in the Work.
4.3 Physical Conditions- Underground Facilities:
4.3.1. SHOWN OR INDICATED: The information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site is based on
information and data furnished to the County or the Procurement Officer by the owners of such
Underground Facilities or by others. Unless it is otherwise expressly provided in the Special Conditions:
4.3.1.1. The County and the Procurement Officer shall not be responsible for the accuracy or
completeness of any such information or data; and,
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4.3.1.2.The Contractor shall have full responsibility for determining the existence of all
Underground Facilities, for reviewing and checking for all such information and data, for locating
all Underground Facilities shown or indicated in the Contract Documents, for coordination of the
Work with the owners of such Underground Facilities during construction, for the safety and
protection thereof as provided in paragraph 6.20 and for repairing any damage thereto resulting
from the Work, the cost of all of which will be considered as having been included in the Contract
Price.
4.3.2. NOT SHOWN OR INDICATED: If an Underground Facility is uncovered or revealed at or
contiguous to the site which was not shown or indicated in the Contract Documents and which Contractor
could not reasonably have foreseen, Contractor shall, promptly after becoming aware thereof and before
performing any Work affected thereby (except in an emergency as permitted by paragraph 6.17.1), identify
the owner of such Underground Facility and give written notice thereof to that owner and to the County and
the Procurement Officer. The Procurement Officer will promptly review the Underground Facility to
determine the extent to which the Contract Documents should be modified to reflect and document the
consequences of the existence of the Underground Facility, and the Contract Documents will be amended or
supplemented to the extent necessary. During such time, Contractor shall be responsible for the safety and
protection of such Underground Facility as provided in paragraph 6.16.1. The Contractor shall be allowed
an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are
attributable to the existence of any Underground Facility that was not shown or indicated in the Contract
Documents and of which the Contractor could not reasonably have been expected to be aware of such
Underground Facility and subject to acceptance and approval by the Procurement Officer.
4.4 Reference Points:
The County shall provide engineering surveys to establish reference points for construction which in the
Procurement Officer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference points and
shall make no changes or re-locations without the prior written approval of the County. The Contractor
shall report to the Procurement Officer whenever any reference point is lost or destroyed or requires
relocation because of necessary changes in grades or locations, and shall be responsible for the accurate
replacement or relocation of such reference points by a Registered Professional Land Surveyor Licensed in
the State of Colorado.
4.5 Protection and Restoration of Property and Landscape:
4.5.1. The Contractor shall be responsible for the preservation of all public and private property
and shall protect carefully from disturbance or damage all land and property and shall protect carefully from
disturbance or damage all land and monuments and property marks until the Procurement Officer has
witnessed or otherwise referenced their location and shall not remove them until directed.
4.5.2. The Contractor shall be responsible for all damage or injury to property of any character,
during the prosecution of the Work, resulting from any act, omission, neglect, or misconduct in his manner
or method of executing the Work, or at any time due to defective Work or materials, and said responsibility
shall not be released until the project shall have been completed and accepted.
4.5.3. 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
Work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his 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 he shall make good such
damage or injury in an acceptable manner.
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4.5.4. State Highway 82, State Highway 133 and the County roads within the County are viewed
by the County as a community asset. The County, therefore, desires to save all vegetation and other
environmental features except for those which have been specifically identified for removal in the Contract
Documents.
4.5.5. Materials storage, equipment parking, vehicle parking and stockpiling excavated materials
shall be allowed only in those areas designated by the Procurement Officer.
4.5.6. Specific areas of vegetation and other environmental features to be protected shall be staked,
fenced, or otherwise marked in the field by the Procurement Officer. However, the fact that areas of
vegetation and other environmental features are not marked shall not necessarily mean that those items are
expendable. The Contractor shall perform all his activities in such a manner that the least environmental
damage shall result. Any questionable areas or items shall be brought to the attention of the Procurement
Officer for approval prior to removal or any damage activity. Damage or destruction of unmarked trees or
shrubs which could reasonably have been saved shall therefore be subject to the provisions these General
Conditions.
4.5.7. If the fence, staking or marking is knocked down or destroyed by the Contractor, the
Procurement Officer shall suspend the Work in whole or in part, until the fence or other protection is
repaired to the Procurement Officer's satisfaction at the Contractor's expense. Time lost due to such
suspension shall not be considered a basis for adjustment of Contract Time or for compensation to the
Contractor.
4.5.8. If the Contractor disturbs any of the landscape not called for removal, he/she shall restore
those areas as directed by the Procurement Officer at the Contractor's expense.
4.5.9. The County may require that the Contractor replant an area that is damaged. The Work shall
be done as directed by the Procurement Officer. If the Contractor is deemed to be responsible, then the
replanting shall be done by the Contractor at his/her expense. If the County is responsible, the costs will be
reimbursed on a minor contract revisions (MCR)basis unless existing cost proposal covers the Work.
4.5.10. With respect to replacement of trees and shrubs that have been damaged or destroyed, the
following conditions shall apply:
4.5.10.1. Trees or shrubs of replaceable size shall be replaced by the Contractor at
his/her expense. If he/she fails to do so within a reasonable length of time as determined by the
Procurement Officer and prior to the end of the contract time, the replacement value of the trees or shrubs
will be deducted from any money due to the Contractor. These values shall be based upon averages derived
from current prices of nurseries growing the plants,plus the cost for planting and a guarantee for the first
growing season.
4.5.10.2.When trees or shrubs beyond replaceable size have been damaged or destroyed,
the value of such trees or shrubs shall be calculated as per square yard of surface area measured at the
ground level.
4.5.10.3. Any deduction assessed as liquidated damages under this Section shall not relieve
the Contractor from liability for any damages or costs resulting from delays to the County, traveling public
or other contractors.
4.6 Hazardous Materials
4.6.1. Prior to commencement of any Work and as a condition precedent to payment by the
County of any costs for it, the Contractor shall at no additional cost to the County conduct tests the
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Contractor deems necessary to determine the existence of Hazardous Materials by appropriately licensed
Subcontractors or entities. The County shall reimburse the Contractor for the invoice costs of the tests,only
in the event that the Contractor furnishes the County with certified test data and results which confirm the
existence of Hazardous Materials.
4.6.2. If Hazardous Materials are discovered on or under real property which is owned by the
County before the date of Substantial Completion and Acceptance in accordance with Article 14 herein,
which property is within the Project boundaries, and are not present under the circumstances described in
section 4.6.3, the County shall, upon the request of the Contractor, and subject to budget and appropriation,
determine and obtain the appropriate disposition of the Hazardous Materials under applicable Laws and
Regulations, and make such equitable adjustment in the Contract as is feasible and appropriate in the
circumstances.
4.6.3. If Hazardous Materials are present on or under the real property within Project boundaries
as a result of any discharge, dumping or spilling on the Project property during the term of the Contract by
any party, including the Contractor, other than an agency of the executive branch of State or Federal
Government, the Contractor shall at the Contractor's sole cost and expense, cause any such Hazardous
Materials to be encapsulated, treated or removed from the Project property and transported for final disposal
in accordance with all applicable Laws and Regulations, and shall cause the Project property to be restored
to its condition existing prior to such removal (except for the absence of the Hazardous Materials),
including, to the extent required, any grading and reinforcement necessary to restore the weight-bearing
capacity of the Project property prior to such event.
4.6.4. The County shall not be responsible for the cost of and the removal or clean-up of
Hazardous Materials found in any materials brought to the Project Site, after the Project Site is turned over
to the Contractor.
4.6.5. The Contractor shall provide the Procurement Officer with a written certification each time
materials or equipment is brought onto the Work site that such materials or equipment do not contain
Hazardous Materials.
4.6.6. The Contractor and the County shall cooperate with each other in the prosecution of any
claim against or defense of any claims made by third parties in connection with Hazardous Materials
present on the Project property or contiguous properties owed or controlled by the County.
4.7 Contractor's Representations
By executing the Contract,the Contractor represents that he/she has visited the site,familiarized him/herself
with the local conditions under which the Work is to be performed(including weather conditions which can
be expected),and correlated his observations with the requirements of the Contract Documents.
ARTICLE 5 - BONDS, INDEMNIFICATION,AND INSURANCE
5.1 Performance,Payment,and Maintenance Bonds:
5.1.1. Contractor shall furnish performance, payment, bid and/or maintenance Bonds, each in an
amount specified in the Request for Proposals as security for the faithful performance and payment of all
the Contractor's obligations under the Contract Documents. These Bonds shall remain in effect until the job
is advertised and closed except for any required Maintenance Bond which shall remain in full force and
effect for two (2) Years from the date of project closure, except as otherwise provided by the Contract
Documents. The Contractor shall also furnish such other Bonds as are required by the Special Conditions.
All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be
executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds
signed by an agent must be accompanied by a certified copy of the authority to act.
5.1.2. If the surety on any Bond furnished by Contractor is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of
paragraph 5.1, Contractor shall within five days thereafter substitute another Bond and Surety, both of
which must be acceptable to the County.
5.2 Indemnification:
The Contractor agrees to indemnify and hold harmless the County as set forth in the County's Required
Clauses,paragraph 6.
5.3 Contractor's Insurance:
5.3.1. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of
insurance as specified in paragraph 7 of the Required Clauses.
5.3.2. Contractor shall cause any Subcontractor of the Contractor to procure and maintain, the
minimum insurance coverages listed in the Required Clauses,paragraph 7.
ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES
6.1 General Responsibilities:
6.1.1. The Contractor shall perform all of the Work in conformance with the Contract Documents.
6.1.2. The Contractor covenants and warrants that it shall be responsible for performing the
Work, and that it shall do or cause to be done the Work and services as required in the Contract Documents
and any additional, collateral, and incidental Work and services as may be necessary in order to complete
the Project in accordance with the requirements of the Contract Documents, shall be responsible for
providing completed Work which meets the results required by the Contract Documents, and shall achieve
Substantial Completion by the Contract Time.
6.1.3. Construction services shall be performed in accordance with those professional standards
listed in the Request for Proposals for quality and scope and shall be performed by the entities and persons,
Subcontractors and specific personnel identified in the Contractor's Proposal in accordance with their
respective degrees of participation provided and represented to County. Other construction services shall be
performed by qualified construction Subcontractors and Suppliers, selected and paid by the Contractor.
Nothing contained in the Contract Documents shall be construed to create any obligation or contractual
liability running from the County to any of these persons or entities.
6.2 Supervision and Superintendence:
6.2.1. The Contractor shall supervise and direct the Work competently and efficiently devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. 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 Work complies accurately with the Contract Documents.
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6.2.2. The Contractor shall keep on the Work at all times during its progress a competent resident
superintendent,who shall not be replaced without written notice to the County and the Procurement Officer
except under extraordinary circumstances. The superintendent will be the Contractor's representative at the
site and shall have authority to act on behalf of the Contractor. All communications given to the
superintendent shall be as binding as if given to the Contractor.
6.3 Labor,Materials, and Equipment:
6.3.1. The Contractor shall provide competent, suitably qualified personnel to survey and lay out
the Work and perform construction as required by the Contract Documents. The Contractor shall at all
times maintain good discipline and order at the site. Except in connection with the safety or protection of
persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the
Contract Documents, all Work at the site shall be performed during regular working hours, and the
Contractor will not permit overtime work or the performance of Work on Saturday, Sunday or any legal
holiday without the County's written consent given after prior written notice to the Procurement Officer.
6.3.2. Unless otherwise specified in the County's Contract Documents, the Contractor shall
furnish and assume full responsibility for all materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities and all other facilities and incidentals necessary for the furnishing, performance,
testing, start-up and completion of the Work.
6.3.3. All materials and equipment shall be of good quality and new, except as otherwise provided
in the Contract Documents. If required by the Procurement Officer,the Contractor shall furnish satisfactory
evidence (including reports of required tests) as to the kind and quality of materials and equipment. All
materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract
Documents; but no provision of any such instructions will be effective to assign to the Procurement
Officer, or any of the Procurement Officer's consultants, agents or employees, any duty or authority to
supervise or direct the furnishing or performance of the Work or any duty or authority to undertake
responsibility contrary to the provisions of paragraph 9.10.1. or 9.10.2.
6.4. -6.6. Reserved
6.7. Work Schedule:
The Contractor shall submit to the Procurement Officer for acceptance such schedule of work
progress reports, estimates, records, and other data as the County may require concerning work performed
or to be performed.
6.8 Substitutes of"Or-Equal"Items:
6.8.1. Whenever materials or equipment are specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended
to establish the type, function and quality required. Unless the name is followed by words indicating that
no substitution is permitted, materials or equipment of other Suppliers may be accepted by the Procurement
Officer if sufficient information is submitted by the Contractor to allow the Procurement Officer to
determine that the material or equipment proposed is equivalent or equal to that named. The Procurement
Officer will include the following as supplemented in the General Requirements. Requests for review of
substitute items of material and equipment will not be accepted by the Procurement Officer from anyone
other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or
equipment, the Contractor shall make written application to the Procurement Officer for acceptance thereof,
L/ 1
certifying that the proposed substitute will perform adequately the functions and achieve the results called
for by the general design, be similar and of equal substance to that specified and be suited to the same use
as that specified. The application will state that the evaluation and acceptance of the proposed substitute
will not prejudice the Contractor's achievement of Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or
in the provisions of any other direct contract with the County for work on the Project) to adapt the design to
the proposed substitute and whether or not incorporation or use of the substitute in connection with the
Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that
specified will be identified in the application and available maintenance,repair and replacement service will
be indicated. The application will also contain an itemized estimate of all costs that will result directly or
indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors
affected by the resulting change, all of which shall be considered by Procurement Officer in evaluating the
proposed substitute. The Procurement Officer may require the Contractor to furnish at Contractor's expense
additional data about the proposed substitute.
6.8.2. If a specific means, method, technique, sequence or procedure of construction is indicated
in or required by the Contract Documents, the Contractor may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to the Procurement Officer. The procedure for
review by the Procurement Officer shall be similar to that provided in paragraph 6.8.1.
6.8.3. The Procurement Officer will be allowed a reasonable time within which to evaluate each
proposed substitute. The Procurement Officer will be the sole judge of acceptability, and no substitute will
be ordered, installed or utilized without the Procurement Officer's prior written acceptance which will be
evidenced by an approved Shop Drawing. The County may require the Contractor to furnish at the
Contractor's expense a special performance guarantee or other surety with respect to any substitute. The
Procurement Officer will record time required by the Procurement Officer and the Procurement Officer's
consultants in evaluating substitutions proposed by the Contractor and in making changes in the Contract
Documents occasioned thereby. Whether or not the Procurement Officer accepts a proposed substitute, the
Contractor shall reimburse the County for the charges of the Procurement Officer and the Procurement
Officer's consultants for evaluating each proposed substitute.
6.9 Subcontractors,Suppliers and Others:
6.9.1. The Contractor shall not employ any Subcontractor, Supplier or other person or
organization (including those acceptable to the County and the Procurement Officer as indicated in
paragraph 6.9.2), whether initially or as a substitute, against whom the County or the Procurement Officer
may have reasonable objection.
6.9.2. If the Contract Documents require the identity of certain Subcontractors, Suppliers or other
persons or organizations including those who are to furnish the principal items of materials and equipment
to be submitted to the County in advance of the specified date prior to the Effective Date of the Agreement
for acceptance by the County and the Procurement Officer and if the Contractor has submitted a list thereof
in accordance with the Contract Documents,the County's or the Procurement Officer's acceptance (either in
writing or by failing to make written objection thereto by the date indicated for acceptance or objection in
the proposal documents or the Contract Documents) of any such Subcontractor, Supplier or other person or
organization so identified may be revoked on the basis of reasonable objection after due investigation, in
which case the Contractor shall submit an acceptable substitute, the Contract Price will be increased by the
difference in the cost occasioned by such substitution and an appropriate Written Notice of Amendment
signed. No acceptance by the County or the Procurement Officer of any such Subcontractor, Supplier or
other person or organization shall constitute a waiver of any right of the County or the Procurement Officer
to reject Defective Work.
6.9.3. The Contractor shall be fully responsible to the County and the Procurement Officer for all
acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is
responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any
contractual relationship between the County or the Procurement Officer and any such Subcontractor,
Supplier or other person or organization, nor shall it create any obligation on the part of the County or the
Procurement Officer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or
other person or organization except as may otherwise be required by Laws and Regulations.
6.9.4. The divisions and sections of the Specifications and the identifications of any Drawings
shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the
Work to be performed by any specific trade.
6.9.5. All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate
agreement between the Contractor and the Subcontractor which specifically binds the Subcontractor to the
Applicable terms and conditions of the Contract Documents for the benefit of the County and the
Procurement Officer.
6.10 Patent Fees and Royalties:
The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and
hold harmless the County and the Procurement Officer and anyone directly or indirectly employed by either
of them from and against all claims, damages, losses and expenses (including attorney's fees and court
costs) arising out of any infringement of patent rights or copyrights incidental to the use in the performance
of the Work or resulting from the product or device not specified in the Contract Documents, and shall
defend all such claims in connection with any alleged infringement of such rights.
6.11 Permits:
Unless otherwise provided in the Special Conditions, the Contractor shall obtain and pay for all
construction permits and licenses. The County shall assist the Contractor, when necessary, in obtaining
such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary
for the prosecution of the Work. The Contractor shall pay all charges of utilities for connections to the
Work, and the County shall pay all charges of such utility owners for capital costs related thereto such as
plant investment fees.
6.12 Laws and Regulations:
6.12.1. 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 Work including
rules, regulations, and ordinances the County promulgates at any time. Except where otherwise expressly
required by applicable laws and regulations, neither the County nor the Procurement Officer shall be
responsible for monitoring the Contractor's compliance with any Laws or Regulations.
6.12.2. If the Contractor observes that the Specifications or Drawings are at variance with any
Laws or Regulations, the Contractor shall give the Procurement Officer prompt written notice thereof, and
any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If the
Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, and without such notice to the Procurement Officer, the Contractor shall bear all costs arising
therefrom.
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6.13 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 all other federal, state, and/or local direct or indirect taxes
which do apply. The Contract Price shall include the cost of compliance with all other Federal Laws and
Regulations at no additional cost to the County (except as provided in the Contract Documents). The
Contractor shall not be reimbursed separately for any taxes which may apply except as provided in the
Contract Documents 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 as stated in paragraph 8
of the Required Clauses. 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.
6.14 Use of Premises:
6.14.1. The Contractor shall confine construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas permitted by the Contract
Documents,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 Work. Should any claim be made against the County or the
Procurement Officer by any such owner or occupant because of the performance of the Work, Contractor
shall promptly settle with such other party by agreement or otherwise resolve the claim by law. The
Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the County
and the Procurement Officer harmless from and against all claims, damages, losses and expenses (including,
but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising
directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party
against the County or the Procurement Officer to the extent based on a claim arising out of the Contractor's
performance of the Work.
6.14.2. During the progress of the Work, the Contractor shall keep the premises free from
accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of
the Work, 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 the
Contract Documents.
6.14.3. 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 Work or adjacent property
to stresses or pressures that will endanger it.
6.15 Record Documents:
The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written
interpretations and clarifications in good order and annotated and updated weekly to show all changes made
during construction. These record documents together with all approved samples will be available to the
Procurement Officer for reference. Upon completion of the Work, these record documents and samples will
be delivered to the Procurement Officer for the County.
6.16 Safety and Protection:
6.16.1. The Contractor shall be solely responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. The Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to:
6.16.1.1. All employees in the Work Area and other persons and organizations who may be
affected thereby;
6.16.1.2. All the Work and materials and equipment to be incorporated therein,whether in
storage on or off the site; and
6.16.1.3. Other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements,road-ways, structures, utilities and Underground Facilities not designated for removal,
relocation or replacement in the course of construction.
The Contractor shall be required to assume sole and complete responsibility for job site conditions during
the course of construction of the Project, including the safety of all persons who may enter on the job site
for any reason and the security of all property located on the job site. This requirement shall apply at all
times during the courses of the contract and not only to normal work hours.
6.16.2. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and
orders of any public body having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection.
The Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,
relocation and replacement of their property. All damage, injury or loss to any property referred to in
paragraph 6.16.1.2 or 6.16.1.3 caused, directly or indirectly, in whole or in part, by the Contractor, any
Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be
remedied by the Contractor. The Contractor's duties and responsibilities for the safety and protection of the
Work shall continue until such time as all the Work is completed and the Procurement Officer has issued a
notice to the County and the Contractor in accordance with Section 14.5 that the Work is acceptable (except
as otherwise expressly provided in connection with Substantial Completion).
6.16.3. The Contractor shall designate a responsible person at the site whose duty shall be the
prevention of accidents in the confined spaces. This person shall be the Contractor's superintendent unless
otherwise designated in writing by Contractor or County.
6.16.4. Contractor has the affirmative duty of ensuring compliance with all Occupational Safety
and Health Administration (OSHA) regulations, of designating a representative who is a competent person
for purposes of identifying existing or predictable hazards at the site, of providing required safety
instruction for Contractor's Subcontractors and employees, and of immediately taking precautionary
measures when necessary and remedying all identified OSHA violations. Daily, and other, inspections of
the work site, including excavations, adjacent areas and protective systems, shall be the sole responsibility
of Contractor. Contractor's obligation to indemnify County specified in the Required Clauses shall include
failure of Contractor to effect full compliance with OSHA regulations.
6.16.5. The Contractor shall at all times conduct the Work 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
45i
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Engineer. Each item of Work shall be prosecuted to completion without delay and in no instance will the
Contractor be permitted to transfer its forces from uncompleted Work to new Work without prior written
notification of the Contractor to the Engineer. The Contractor shall not open up Work to the prejudice of
Work already started.
Unless the Contract Documents specifically provide for the closing to traffic of any local road or highway
while construction is in progress, such road or highway shall be kept open to all traffic by the Contractor.
The Contractor shall also provide and maintain in a safe condition temporary approaches, crossings, or
intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over the
section of road affected by the Work to be done under this Contract, and of constructing and maintaining
such approaches, crossing, intersections and any necessary features without direct compensation, except as
otherwise provided.
The Contractor shall not close any road to the public except by express permission of the appropriate
engineering authority. When the road under construction is being used by the traveling public, special
attention shall be paid to keeping the subgrade and surfacing in such condition that the public can travel
over same in comfort and safety. The Contractor shall cooperate with the appropriate officials in the
regulation of traffic. If the Contractor constructs temporary bridges or temporary stream crossings, its
responsibility for accidents shall include the roadway approaches as well as the structures of such crossings.
The Contractor shall provide, erect and maintain all necessary barricades, signs, danger signals and lights to
protect the Work and the safety of the public. Contractor shall comply with the provisions of any and all
applicable Traffic Safety Manuals which may be published by a governmental entity having jurisdiction
over the Project area. All barricades, signs and obstructions erected by the Contractor shall be illuminated
at night and all devices for this purpose shall be kept burning from sunset to sunrise. The Contractor shall
be held responsible for all damage to the Work due to failure of barricades, signs, lights and watchmen to
protect it, and whenever evidence of such damage is found prior to acceptance, the Engineer may order the
damage portion immediately removed and replaced by the Contractor without cost to the County if, in its
opinion, such action is justified. The Contractor's responsibility for necessary barricades, signs, and lights
shall not cease until the Project shall have been accepted.
6.17 Emergencies:
In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent
thereto, the Contractor, without special instruction or authorization from the Procurement Officer or the
County, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the
Procurement Officer prompt written notice if the Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby. If the Procurement Officer
determines that a change in the Contract Documents is required because of the action taken in response to
an emergency, a written order will be issued to document the consequences of the changes or variations.
6.18 Shop Drawings and Samples:
6.18.1. After checking and verifying all field measurements and after complying with applicable
procedures specified in the Contract Documents, the Contractor shall submit to the Procurement Officer for
review and approval in accordance with the approved schedule of Shop Drawing submissions, three 3
copies (unless otherwise specified) of all Shop Drawings, which will bear a stamp or specific written
indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents
with respect to the review of the submission. All submissions will be identified as the Procurement Officer
may require. The data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials and similar data to enable the Procurement
Officer to review the information as required.
4 "
6.18.2. The Contractor shall also submit to the Procurement Officer for review and approval with
such promptness as to cause no delay in Work, all samples required by the Contract Documents. All
samples will have been checked by and accompanied by a specific written indication that the Contractor has
satisfied the Contractor's responsibilities under the Contract Documents 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.
6.18.3. Before submission of each Shop Drawing or sample, the Contractor shall have determined
and verified all quantities, dimensions, specified performance criteria, installation requirements, materials,
catalog numbers and similar data with respect thereto; and reviewed or coordinated each Shop Drawing or
sample with other Shop Drawings and samples and with the requirements of the Work and the Contract
Documents.
6.18.4. At the time of each submission, the Contractor shall give the Procurement Officer specific
written notice of each variation that the Shop Drawings or samples may have from the requirements of the
Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing
submitted to the Procurement Officer for review and approval of each such variation.
6.18.5. The Procurement Officer will review and approve with reasonable promptness Shop
Drawings and samples, but the Procurement Officer's review and approval will be only for conformance
with the design concept of the Project and for compliance with the information given in the Contract
Documents and shall not extend to means, methods, techniques, sequences or procedures of construction
(except where a specific means, method, technique, sequence or procedure of construction is indicated in or
required by the Contract Documents) or to safety precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of the assembly in which the item functions.
The Contractor shall make corrections required by the Procurement Officer, and shall return the required
number of corrected copies of Shop Drawings and submit as required new samples for review and approval.
The Contractor shall direct specific attention in writing to revisions other than the corrections called for by
the Procurement Officer on previous submittals.
6.18.6. The Procurement Officer's review and approval of Shop Drawings or samples shall not
relieve the Contractor from responsibility for any variation from the requirements of the Contract
Documents unless the Contractor has in writing called the Procurement Officer's attention to each such
variation at the time of submission as required by paragraph 6.18.4 and the Procurement Officer has given
written approval of each such variation by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor will any approval by the Procurement Officer
relieve the Contractor from responsibility for errors or omissions in the Shop Drawings.
6.18.7. Where a Shop Drawing or sample is required by the Specifications, no related Work shall
be commenced prior to the Procurement Officer's review and approval of the Shop Drawing or Samples.
6.18.8. The cost of furnishing all Shop Drawings and Samples shall be borne by Contractor.
6.19 Mechanics'Liens:
6.19.1. The Contractor covenants and agrees that, to the extent permitted by law, no claims or
mechanics'liens against public funds (mechanic's liens) or claims of any kind, will be permitted to arise, be
filed or maintained against the Project or any part of it, any interest in it or any improvements on it, against
any moneys due or to become due from the County to the Contractor, for or on account of any work, labor,
services, materials, equipment or other items performed or furnished for or in connection with the Project,
and the Contractor for itself, its Subcontractors, laborers and material suppliers and employees does waive,
I
release and relinquish these claims or liens and all rights to file or maintain these liens and agrees further
that this waiver of liens and waiver of the right to file or maintain liens shall be independent covenant and
shall apply also to work, labor, services performed, materials, equipment and other items furnished under
any Change Order or supplemental agreement for extra or additional work in connection with the Project.
The Contractor agrees to defend, indemnify,protect and save harmless the County from and against any and
all claims or liens and actions brought or judgments rendered, and from and against any and all loss,
damages, liability, costs and expenses, including legal fees and disbursements, which the County may
sustain or incur in connection with the Project.
6.19.2. The Contractor also agrees as above for all of its Subcontractors, including but not limited
to suppliers and employees. If any of the Contractor's Subcontractors, suppliers, employees or any other
person directly or indirectly acting for, through or under its authority or any of them files or maintains a lien
or claim as described above, the Contractor agrees to cause claims or liens to be satisfied, removed or
discharged at its own expense by bond, payment or otherwise within thirty (30) consecutive calendar days
from the date of the filing, and upon the Contractor's failure to do so the County shall have the right, in
addition to all other rights and remedies provided under this Contract or by law, to cause the liens or claims
to be satisfied, removed or discharged by whatever means the County chooses, at the entire cost and
expense of the Contractor, the expense to include legal fees and disbursements. The Contractor shall give a
copy of Claim Release form to all Subcontractors and suppliers and shall include these provisions in all
written contracts with Subcontractors, or give written notice to all Subcontractors, suppliers or other
persons having oral agreements with the Contractor.
6.19.3. The Contractor agrees that moneys received for the performance of this Contract shall be
used first for payment due for labor, material, and services for the Project and taxes, and the moneys shall
not be diverted to satisfy obligations of the Contractor on other accounts or contracts. The Contractor shall
pay Subcontractors within ten (10) consecutive calendar days of receipt of a progress payment from the
County. The Contractor shall furnish sworn affidavits in accordance with the form furnished by the
County, which shall state that amounts due or to become due, amounts paid, and any other information
necessary to indicate the financial condition of the Contractor, insofar as it relates to services, labor and
material furnished, and to be furnished, under this Contract. The County may take steps it may deem
necessary to protect itself against any claims.
6.20 Continuing the Work:
The Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with the County. No Work shall be delayed or postponed pending resolution of any disputes
or disagreements, except as permitted herein or as the Contractor and the County may otherwise agree in
writing.
6.21.Contractor Facilities:
6.21.1. All temporary contractor facilities shall be in accordance with regulations and codes
governing such construction. The types of temporary construction facilities required for the Project may
include, but are not necessarily limited to, the following: (a) job site office space, (b) construction water
distribution, (c) temporary closures, (d) temporary heat, (e) hoists and temporary cranes, (f) temporary
roads and paving, (g) construction aids and miscellaneous facilities, (h) temporary power distribution, (i)
temporary lighting, 0) temporary toilet facilities. All operations of the Contractor, including storage of
materials, upon the County's premises shall be confined to areas authorized or approved by County in
writing. Temporary buildings, storage sheds, shops, offices, may be erected by the Contractor only with the
written approval of the County and shall be built or provided with labor and materials furnished by the
Contractor without expense to the County. Such temporary buildings and utilities shall remain the property
of the Contractor and shall be removed by it at its expense upon completion of the Work.
6.21.2. Unless otherwise directed in the Supplementary Conditions, the Contractor will furnish and
set construction stakes establishing all lines, grades, measurements necessary for the proper execution of the
Work contracted for under these Specifications. The County will provide basis horizontal and vertical
control. If construction surveys are provided by the County, the Contractor shall request that County
provide engineering surveys and placement of construction stakes no less than 48 hours prior to the time
such service is needed. The Contractor shall satisfy himself as to the accuracy of all measurements before
constructing any permanent structure and shall not take advantage of any errors which may have been made
in laying out the Work. The Contractor shall be held responsible for the proper preservation of all marks
and stakes. Stakes provided by the County, which must be reset after initial placement, will be replaced at
Contractor's expense at the current billable rate for a three-person survey crew unless the stakes were
removed or destroyed by causes beyond the Contractor's control. Said cost may be deducted from any
funds due the Contractor.
6.21.3. The Procurement Officer shall be authorized to inspect Work done and material furnished.
Such observation may extend to any part of the Work and to preparation, fabrication, or manufacture of the
materials to be used. The Procurement Officer is authorized to call the attention of the Contractor to any
failure of the Work or materials to conform to the Contract Documents and shall have the authority to reject
materials or suspend the Work not conforming to Contract Documents until any questions at issue can be
referred to and decided by the County. If the Contractor refuses to suspend operations on verbal order, the
Procurement Officer shall issue a written order giving the reason for shutting down the Work. After placing
the order giving the reason for shutting down the Work in the hands of the person in charge, the
Procurement Officer shall immediately leave the job. Work done during the absence of the Procurement
Officer will not be accepted nor paid for. The Procurement Officer shall in no case act as foreman or
perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any
advice which the Procurement Officer may give the Contractor shall in no way be construed as releasing the
Contractor from fulfilling all of the terms of the Contract Documents.
ARTICLE 7- OTHER WORK
7.1 Related Work at Site:
7.1.1. 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
General Conditions similar to these. The Contractor shall perform and coordinate his/her activities with
other Contractors to avoid conflict and minimize disruptions.
7.1.2. 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 Work that may be required to make its
several parts come together properly and integrate with such other work. The Contractor shall not endanger
any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their
work with the written consent of Procurement Officer and the others whose work will be affected. The
duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said
direct contracts between the County and such utility owners and other contractors.
7.1.3. If any part of the Contractor's Work depends for proper execution or results upon the work
of any such other contractor or utility owner (or the County), the Contractor shall inspect and promptly
report to the Procurement Officer in writing any delays, defects or deficiencies in such work that render it
unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such
conditions will constitute an acceptance of the other work as fit and proper for integration with the
Contractor's Work except for latent or non-apparent defects and deficiencies in the other work.
7.2 Coordination:
If the County contracts with others for the performance of other work on the Project at the site, the person
or organization of the activities among the various prime contractors may be identified in the Special
Conditions, and the specific matters to be covered by such authority and responsibility may be itemized,
and the extent of such authority and responsibilities may be provided, in the Special Conditions. Unless
otherwise provided in the Special Conditions, neither the County nor the Procurement Officer shall have
any authority or responsibility in respect of such coordination.
ARTICLE 8 - COUNTY'S RESPONSIBILITIES
8.1. The County shall issue all communications to the Contractor through the Procurement Officer or
his/her designated person.
8.2. The County shall furnish the data required of the County under the Contract Documents promptly
and shall make payments to the Contractor through processing of the monthly Progress Pay Estimate forms
within 30 days from the cut-off date for a pay estimate form.
8.3. The County represents that an amount of money equal to the Contract Price has been duly
appropriated in accordance with applicable law under a purchase order. The County shall not issue any
Change Order or execute a Written Amendment requiring additional compensable work,which work causes
the aggregate amount appropriated by the County, unless the Contractor is given a written assurance that
lawful appropriations to cover the costs of the additional work shall be made.
ARTICLE 9 - PROCUREMENT OFFICER'S STATUS DURING CONSTRUCTION
9.1 County's Representative:
The Procurement Officer shall be the County's representative during the construction period unless County
shall designate in writing another representative. The duties and responsibilities and the limitations of
authority of the Procurement Officer as the County's representative during construction are set forth in the
Contract Documents and shall not be extended without written consent of the County and the Procurement
Officer.
9.2 Visits to Site:
The Procurement Officer shall make visits to the site at intervals appropriate to the various stages of
construction to observe the progress and quality of the executed Work and to determine, in general, if the
Work is proceeding in accordance with the Contract Documents. The Procurement Officer shall make on-
site inspections to observe the quality or quantity of the Work. The Procurement Officer's efforts will be
directed toward providing for the County a greater degree of confidence that the completed Work will
conform to the Contract Documents. On the basis of such visits and on-site observations, the Procurement
Officer will keep the County informed of the progress of the Work and will endeavor to guard the County
against defects and deficiencies in the Work.
9.3 Project Representation:
�v .
The County may furnish a Resident Project Representative to assist the Procurement Officer in observing
the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident
Project Representative and assistants will be to ensure conformance of work with specifications provided in
the Special Conditions. The duties, responsibilities, and limitations of authority of the resident Procurement
Officer will be as provided in the Special Conditions.
9.4 Clarification and Interpretations:
The Procurement Officer will issue with reasonable promptness such written clarifications or interpretations
of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the Procurement
Officer may determine necessary, which shall be consistent with or reasonably inferable from the overall
intent of the Contract Documents. If a written clarification or interpretation justifies an increase in the
Contract Price or an extension of the Contract Time, the Contractor shall meet with the Procurement Officer
and resolve the issue. All such requests or claims shall be submitted to the Procurement Officer.
9.5 Authorized Variations in Work and Minor Contract Revisions:
The Procurement Officer may request or authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and
are consistent with the overall intent of the Contract Documents. These may be accomplished by a written
request or a field order and will be binding on the County, and also on the Contractor who shall perform the
Work involved promptly. If the Contractor believes that a field order justifies an extension of the Contract
Time and the parties are unable to agree as to the extent thereof, the Contractor may make a claim therefor
as provided herein.
9.6 Rejecting Defective Work:
The Procurement Officer will have authority to disapprove or reject Work which the Procurement Officer
believes to be Defective, and will also have authority to require special inspection or testing of the Work as
provided herein below,whether or not the Work is fabricated, installed or completed.
9.7. Shop Drawings, Change Orders and Payments:
9.7.1. In connection with the Procurement Officer's responsibility for Shop Drawings and
samples, see paragraphs 6.19.1. through 6.20.1. inclusive.
9.7.2. In connection with the Procurement Officer's responsibilities as to Change Orders, see
Article 10 and Article 11.
9.7.3. In connection with the Procurement Officer's responsibilities in respect of request for
Payment, etc., see Article 14.
9.8 Decisions on Disputes:
9.8.1. The Procurement Officer will be the initial interpreter of the requirements of the Contract
Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters
raised by Contractor relating to the acceptability of the Work or the interpretation of the requirements of the
Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11
and 12 in respect to changes in the Contract Price or Contract Time shall be referred initially to the
Procurement Officer in writing with a request for a formal decision in accordance with this paragraph,
which the Procurement Officer will render in writing within a reasonable time. Written notice of each such
claim, dispute and other matter by the Contractor will be delivered to the Procurement Officer promptly
W
(but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written
supporting data will be submitted to the Procurement Officer within sixty (60) days after such occurrence
unless the Procurement Officer allows an additional period of time to ascertain more accurate data in
support of the claim.
9.8.2. The rendering of a decision by the Procurement Officer pursuant to paragraph 9.8.1. with
respect to any such claim, dispute or other matter shall be a condition precedent to any exercise by the
Contractor of such rights or remedies as the Contractor may otherwise have under the Contract Documents
or at law in respect of any such claim, dispute or other matter. The County shall not be bound by any initial
interpretation by the Procurement Officer of the requirements of the Contract Documents,judgment on the
acceptability of the Work thereunder,or formal decision made by the Procurement Officer in accordance
with paragraph 9.8.1. Any dispute not resolved by the initial decision of the Procurement Officer shall be
decided by the County,who shall reduce the decision in writing and furnish a copy thereof to the Contractor
and the Procurement Officer. The decision of the County shall be final subject to review by the Pitkin
County District Court in Pitkin County, Colorado. Pending final decision of a dispute hereunder,the
Contractor shall proceed diligently with the performance of the Work and in accordance with the
Procurement Officer's interpretation.
9.9 Reserved
9.10 Limitations on Procurement Officer's Responsibilities:
9.10.1. Neither the Procurement Officer's authority to act under this Article 9 or elsewhere in the
Contract Documents nor any decision made by the Procurement Officer in good faith either to exercise or
not exercise such authority shall give rise to any duty or responsibility of the Procurement Officer to the
Contractor, any Subcontractor, any Supplier, or any other person or organization performing any of the
Work,or to any surety for any of them.
9.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required",
"as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable",
"suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe
a requirement, direction, review or judgment of the Procurement Officer as to the Work, it is intended that
such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the
Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or
adjective shall not be effective to assign to the Procurement Officer any duty or authority to supervise or
direct the furnishing or performance of the Work or any duty or authority to undertake responsibility
contrary to the Contract Documents.
ARTICLE 10- CHANGES IN THE WORK
10.1 County Initiated Changes
10.1.1. The County may require, without notification to sureties, the Contractor to perform
changes, additions or deletions to the Work at anytime after execution of the Contract without invalidating
the Contract. Changes shall be accomplished as set forth in Section 3.2, above.
10.1.2. The Contractor shall promptly perform changes in the Work in accordance with applicable
provisions of the Contract Documents, unless otherwise provided in a Change Order or Amendment to the
Contract for Construction.
10.1.3. The following procedure shall be followed for the County notifying the Contractor of
proposed County initiated changes. The Procurement Officer shall issue a notice informing the Contractor
of a planned change in the Work and its scope, and requesting the Contractor's detailed price proposal. The
Contractor, at no expense to the County, shall submit a priced proposal for performing the proposed change
in the Work. The Contractor, within ten (10) consecutive calendar days after receiving the Notice of
Change, or such longer time which the Procurement Officer in his/her discretion has granted, shall provide
the Procurement Officer with a complete and itemized proposal which includes the estimated increase or
decrease in the Contract Price and/or in the Contract Time attributable to the planned changes on the criteria
and methods described in Article 11. The Contractor shall be responsible for delays to the Work and any
additional costs incurred by the County caused by its failure to submit complete pricing information within
the time provided above. The Contractor shall participate with the County in prompt joint analysis and
negotiations to finalize a Change Order, if necessary.
10.2 Written Notice of Change
10.2.1. A Written Notice of Change may be used when:
10.2.1.1. The County determines that the Contractor must proceed immediately to perform
a change in the Work in order to avoid an adverse impact on the schedule or other unchanged Work,and
sufficient time is not available to negotiate an adjustment to the Contract Price or Contract Time; or
10.2.1.2. The County and Contractor have not completed their negotiation and reached
agreement on all of the terms of a Change Order,but the County requires the Contractor to proceed without
such agreement.
10.2.2. Upon receipt of a Written Notice of Change the Contractor shall promptly proceed with
performing the change in the Work. Additionally, the Contractor shall comply with all the requirements of
10.3 of these General Conditions.
10.3 Change Order
When the Contractor and the County reach agreement on the adjustments to the Contract Price and/or
Contract Time, such agreements shall be promptly recorded in an executed Change Order.
10.4 Contractor Change Request
10.4.1. If the Contractor: (i) receives any oral or written instructions, directives or interpretations
of Contract Documents, or determinations from the Procurement Officer or, (ii) identifies what it believes
are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site
condition; or, (iv) is delayed in the progress of the Work; or, (v) becomes aware of any other matter or
circumstance which it believes would require a change in the Contract Price or Contract Time, the
Contractor shall give the Procurement Officer prompt written notice of such matters in a letter or notice
denominated "Contractor Change Request".
10.4.2. 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 or price. 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.
10.4.3. With respect to orders, instructions, directives, interpretations, determinations, or the
discovery of any errors or omissions in the Contract Documents, a Contractor Change Request shall be
submitted before the Contractor acts on them, but in no event more than ten (10) consecutive calendar days
after they were received or discovered.
3
10.4.4. With respect to any differing site conditions, a Contractor Change Request shall be
submitted before the conditions are disturbed, but in no event more than ten (10) consecutive calendar days
after the conditions are first discovered.
10.4.5. 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.
10.4.6. With respect to any matters or circumstance which the Contractor believes would require a
change, including delays, a Contractor Change Request shall be submitted as soon as the Contractor has
knowledge of the matter or circumstance, but in no event more than ten (10) consecutive calendar days
after the Contractor becomes aware of such circumstance or matter.
10.5 Down Time:
The Contractor may be granted time extension for down time. No other compensation of any kind shall be
made to the Contractor for down time. Equipment failure, lack of adequate labor or tools or materials to
perform the Work shall not constitute down time.
10.6 Submittal Requirements and Waiver of Claims
10.6.1. 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 Work and the Contractor waives any claim for an
adjustment on the Contract Price or the Contract Time.
10.6.2. The Contractor shall, within ten (10) consecutive calendar days submit in detail, a
Contractor Change Request, and provide the Procurement Officer a complete and itemized proposal which
contains the information described in Article 11. The proposal shall also contain a detailed explanation,
citing all applicable provisions in the Contract Documents, which supports the Contractor Change Request.
If the Contractor does not submit its itemized proposal within the time described above or within such
extension which the Procurement Officer, in his/her discretion may have granted in writing, it waives any
claim for an adjustment in the Contract Price or Contract Time arising out of the act or event described in
the Contract Change Request.
10.6.3. If a Contractor Change Request is denied by the Procurement Officer, in whole or in part,
any claim for an increase in the Contract Price or Contract Time arising out of the act or event described in
the Contractor Change Request is waived unless the Contractor timely complies with the provisions of
paragraphs 10.4.1. through 10.4.6.
ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACT TIME
11.1 Contract Price Adjustments.
All adjustments to the Contract Price shall be determined by using one or more of the following methods:
11.1.1. A negotiated lump sum for work items that cannot be itemized. The Contractor shall
promptly provide sufficient substantiating data, including calculations, measurements, cost records,
production rates, equipment types and capacity,labor costs by craft and other information which the County
may reasonably require the Contractor to produce in order to permit the County to evaluate the Contractor's
lump sum change order proposals. In pricing this proposal, the Contractor shall include estimates of the
type of costs described in Section 11.4 below.
11.1.2. Unit prices stated in the Contract Documents or subsequently agreed upon multiplied by
final verified quantities of work performed;
11.1.3. Cost to be determined in a manner agreed upon by the parties which includes markups that
do not exceed those set forth in Section 11.4 below.
11.1.4. Costs to be determined in the manner described in Section 11.3.1.
11.2 Contract Time Adjustments.
11.2.1. Any extension of the Contract Time must be requested in a Contractor Change Request which
complies with all of the requirements of paragraphs 10.4.1 through 10.4.6. Failure to strictly comply with the
timing and submittal requirements shall constitute a waiver of any request or claim.
11.2.2. If the Contractor is delayed at any time in the progress of the Work and such delay was caused,
in whole or in part, by the act or omission of the County, or by changes ordered in the Work, pursuant to
strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties, or any other causes beyond
the Contractor's control, then the Contract Time shall be extended by the County. Such extensions will be for a
period of time as the County may in its discretion determine,provided however that such delay could not have
been avoided by the exercise of due diligence by the Contractor and did not result from the acts or omissions of
the Contractor and, provided further, that the Contractor has taken reasonable actions to mitigate or prevent
further delays resulting from such causes.
11.2.3. If abnormal weather conditions are the basis for a claim for an extension of the Contract Time,
such claim shall be documented on the Procurement Officer's Daily Construction Log forms substantiating that
weather conditions were unusually severe for the period of time, and could not have been reasonably
anticipated. Regardless of actual weather conditions, any day in which the Contractor is able to work sixty
percent (60%) or more of its scheduled work force shall not be counted as an abnormal weather day for
purposes of calculating weather related time extensions.
11.2.4. The Contractor agrees that delays resulting from any causes other than acts or omissions of the
County, its employees, agents or officials shall be considered fully compensated by a time extension only and
agrees to make no claim for monetary damages for such delays. In no event shall the Contractor be entitled to
recover any delay costs caused by the acts or omissions of the Contractor,its employees or agents.
11.2.5. If the Contractor believes that it has suffered delays in performing the Work that are caused by
acts or omissions of the County, the Contractor may submit a Contractor Change Request with detailed
justifications acceptable to the Procurement Officer. Failure of the Contractor to comply with all requirements
shall constitute a waiver of any claim for damages resulting from such delays.
11.3 Force Account Work.
11.3.1. In situations where the cost or time for performing a required change cannot be adequately
defined or agreed upon but the changed Work must proceed, the County may direct the Contractor to perform
the Work on a Equitable Adjustment basis. Adjustment shall be determined on the basis of reasonable
expenditures and savings of those performing the change in the Work including, in case of an increase in the
Contract Amount, an allowance for overhead and profit which shall not exceed the allowance described in
11.4.7 below. In such case,the Contractor shall keep and present,in such form as the County may prescribe, an
itemized detailed accounting together with appropriate supporting data of all of the costs described in Section
11.4.1 through Section 11.4.4 which clearly distinguishes the cost of changed Work from base contract Work.
Information which shall be required on these forms includes an itemization of all costs for labor, materials and
equipment rental and total costs to date for force account work. The Contractor shall include hours worked,
rates of pay, names and job classifications for all workers and size, type, identification number, rental rate and
hours of operation for equipment.
11.3.2. Unless otherwise provided in the Contract Documents, costs for the purposes of Equitable
Adjustment Work shall be itemized daily on forms provided by the Procurement Officer which are signed by
the Contractor and the Procurement Officer. Such costs shall form the basis for determining the maximum
amount to be paid the Contractor,but this amount may be reduced where necessary to take into account the cost
of base contract Work, Work included in approved Change Orders, Work described in Work Directive
Changes, idle time for workers and/or equipment when work could have been performed in other locations or
the number of workers or amount of equipment provided exceeds the number or amount required to perform
the Work, unsatisfactory Work or Work which may be performed concurrently with the changed Work and
which cannot be easily segregated from the changed Work. The worker hours, equipment hours, and materials
installed shall be logged on the County's Daily Construction Log form for every day the Work is performed.
11.4 Contract Sum Determination
11.4 In no event shall the charge or credit to the County associated with any change exceed the sum of the
following:
11.4.1. Direct Labor. Actual net direct increase or decrease in the cost of the Contractor's labor for all
work associated with the change. Contractor's labor shall be limited to Davis-Bacon Act work categories or
other labor(including salaried field personnel) that perform the individual change in Work full-time. For shop
work, the direct labor includes workers who work directly on the item being manufactured or operators of
equipment being used to handle items being manufactured.
11.4.2. Labor Burden. Contractor's actual costs for Workers Compensation and Liability insurance,
payroll taxes,social security and employees fringe benefits(including employer paid health insurance)imposed
on the basis of payrolls. This burden must reflect the variability of some burdens, i.e., social security. The
burden shall include all small tools which cost less than $200 apiece.
11.4.3. Direct Material, Supplies, Installed Equipment. Actual net direct cost of materials, supplies
and equipment incorporated in or consumed by the Work. If actual costs are not available, the cost shall be the
lowest commercially available price including all discounts and rebates and all applicable taxes. Cost shall be
based on buying the material, supplies and equipment in the largest practical quantity to receive quantity
discounts.
11.4.4. Equipment. Actual net cost to the Contractor of owned and/or rented equipment other than
small tools,to be determined using the following method(s):
11.4.4.1. Owned equipment operating costs shall be determined using accepted
industry standard forms and methods for "Owning and Operating Equipment" as described by the U.S.Army
Corps of Engineers(COE)in its latest edition of the "Construction Equipment Ownership and Operating
Expense Schedule, Region V" (Document No.EP 1110-1-8,Volume 5).
11.4.4.2. Rental equipment costs shall be determined using actual invoiced rates less all
discounts for bare equipment rental. Operating costs will be determined based on rates in the above-cited
C.O.E.manual.
11.4.4.3. Mobilization/demobilization costs will be paid if the equipment is mobilized
exclusively for Work described in a change requested by the Procurement Officer or a Change Order. If the
equipment is used on base contract work,no mobilization or demobilization cost will be paid.
Mobilization/demobilization cost will be based on using the least expensive means to mobilize or demobilize.
Equipment shall be obtained from the nearest available source. When the least expensive methods are used,
then costs shown in the actual invoice will be the basis for pricing.
11.4.5. Bonds, Insurance. Permits and Taxes. Actual increases or decreases in the cost of premiums
for all bonds and insurance,permit fees,and sales, use or similar taxes related to the Work.
11.4.6. Subcontract Costs. Net cost of subcontractor work at any tier, provided that the cost of the
subcontractor is determined in accordance with the above requirements. When possible, the Contractor shall
obtain quotes from two or more subcontractors.
11.4.7. Overhead and Profit.
11.4.7.1 Ten percent(10%)of the sum of Section 11.4.1 through Section 11.4.5 above,to
cover a profit for Work performed by that Contractor or subcontractor.
11.4.7.2Two percent(2%)of Section 11.4.6 above to cover Contractor's and subcontractor's
overhead and profit for work performed by the Contractor or subcontractor.
11.4.7.3 Neither the Contractor nor any subcontractor,nor the County in the case of a credit,
will attempt to apply these percentage adjustments in a way which would pyramid either the cost or credit
because a subcontractor or subcontractors at any tier are involved.
11.4.8. Totals as Equitable Adjustment. The Contractor agrees that the total of the above constitutes
an equitable adjustment for any and all damages resulting from a change or due to delay or disruption caused by
the County. The Contractor's choice of idling and Down Time shall not constitute a County's cause for delay
or disruption.
11.5 Cost and Pricing Data
11.5.1. Certificate of Current Cost or Pricing Data. The Contractor shall submit a Certificate of
Current Cost or Pricing Data with any agreed upon Contract Price adjustment, but prior to the execution of a
Change Order for the work,in the following format:
Certificate of Current Cost and Pricing Data
This is to certify that,to the best of my knowledge and belief,the cost of pricing
data submitted in writing to the County in support of
are accurate,complete,and current as of ** and represent the
best prices available from suppliers and subcontractors. This certification
includes the cost of pricing data supporting any advance agreements and
forward pricing rate agreements between the offer or and the County that are
part of the proposal.
Firm
Name
Title
Date
Signature Date ***
*Identify the appropriate number of the Change Notice.
** Date when pricing negotiations were concluded and price agreement was
reached.
***Date of signing, which should be as close as practicable to the date when the price
negotiations were concluded and price agreement reached.
11.5.2. Vendor Statements. The Contractor shall submit in support of all items which are not unit
prices or lump sum prices established by the Contract,statements by the affected vendors that the prices are not
in excess of those previously charged to the County or the supplier's regular commercial customers for the same
items.
11.5.3. Price Reductions for Defective Costs or Pricing Data. If it is later determined that pricing
adjustments to the Contract were not correct due to incomplete or inaccurate pricing data by the Contractor or
any subcontractor or supplier or that lower prices were readily available, the price shall be reduced accordingly
and the Contract modified by a Change Order.
11.6 Variation in Quantity of Unit Priced Items
Where the quantity of a unit-priced item in this Contract is an estimated quantity and the actual quantity of the
unit-priced item varies more than twenty-five percent(25%) above or below the estimated quantity,an equitable
adjustment in the Contract Price may be made by a written Change approved by the Contractor and the
Procurement Officer. The equitable adjustment shall be based upon any increase or decrease in cost due solely
to the variation above one hundred twenty five percent (125%) or below seventy-five percent (75%) of the
estimated quantity. The County at any time after the award of the Contract, may delete Proposal items,
provided that the total of such deletions does not exceed twenty live percent(25%) of the total Contract Price,
and such deletions will not justify an increase in other Proposal prices. If the quantity variation is such as to
cause an increase in the time necessary for completing the Work the Contractor may request in writing, an
extension of time only.
ARTICLE 12-Reserved
ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.1 Warranty
13.1.1. The Contractor warrants and guarantees to the County that all Work, whether supplied,
furnished, installed, provided, or performed by Contractor, a Subcontractor, or Supplier, will be in accordance
with the Contract Documents and will not be Defective. All Defective Work, whether or not in place, must be
rejected, corrected or accepted as provided in this Article 13. Work shall be performed in a skillful and
workmanlike manner. Except where longer periods of warranty are indicated for certain items, Contractor
warrants Work,whether furnished,installed,provided,performed or supplied by Contractor, a Subcontractor or
Supplier, to be free from faulty materials and workmanship for a period of not less than two(2) Years from date
of Final Payment, which two (2) Years period shall be covered by the Bonds as specified in the Contract
Documents. Landscaping replacement shall be warranted for two(2)growing seasons.
13.1.2. The Contractor, at no additional expense to the County, shall remedy damage to equipment,the
site, or the buildings or the contents thereof which is the result of any failure or defect in the Work, and restore
any work damaged in fulfilling the requirements of the Contract Documents.
13.1.3. With respect to all warranties, express or implied, from Subcontractors, manufacturers, or
Suppliers for Work performed and materials furnished under the Agreement,the Contractor shall:
13.1.3.1. Obtain all warranties that would be given in normal commercial practice.To
the extent that the Subcontractor's,manufacturer's,or Supplier's, standard warranty exceeds the minimum
County requirements as set forth in this Article or elsewhere in the Contract Documents,the Subcontractor's,
manufacturer's,or Supplier's standard warranty shall apply.
13.1.3.2. Require all warranties to be executed, in writing,for the benefit of the
County,if directed by the Procurement Officer;or
13.1.3.3. Enforce all warranties for the benefit of the County,if directed by the Procurement
Officer.
13.1.3.4. Assign all warranties and guarantees in writing to the County upon the request of
the County.
13.1.4. Notwithstanding anything to the contrary above, the Contractor shall warrant that all
equipment which is incorporated into the Work 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 the Contract Documents, to the drawings issued for manufacture by the Contractor, and shall be in
conformance with the Technical Specifications and Contractor's Proposal (except in those instances where the
Contractor's Proposal has been amended by subsequent Technical Specifications). Unless the warranty period is
otherwise extended or modified, the following warranty shall apply. If within five (5) Years from the date each
piece of equipment incorporated into the Work or any subsystem is accepted by the County, it appears that the
equipment or any part thereof does not conform to the above warranty and guarantee provisions, and the
County so notes the Contractor within a reasonable time after its discovery, the Contractor shall thereupon
promptly correct such nonconformity to the satisfaction of the County, at the Contractor's sole expense; failing
which the County may reject the item and cover by purchasing substitute items or the County may proceed to
make corrections or accomplish the Contractor's performance by the most expeditious means available,the cost
of cover or correction shall be charged to the Contractor.
13.1.4.1. The preservation,packaging,packing, and marking,and the preparation for,
and method of,shipment of such equipment shall conform with the requirements of the Contract Documents.
13.1.4.2. When return,corrections,or replacement is required,transportation charges
and responsibility for the supplies and equipment while in transit shall be borne by the Contractor.
13.1.5. In addition to the foregoing, in the event that any single component in the Work experiences
failures during the warranty period such that the number of failures under normal service conditions exceeds ten
percent (10%) of the Work population of that component, the Contractor shall perform a design defects
analysis. If the analysis shows the component design to be defective, the component shall be redesigned, and
the entire population of that component shall be replaced and/or retrofitted.
13.1.6. Whenever there is a conflict between the warranties required by the Contract Documents and
the warranty provided by a Subcontractor, manufacturer or Supplier, the terms and conditions of the warranty
that affords the County the greatest protection shall be binding upon the Contractor.
13.1.7. The above warranties or other warranties agreed to by Contractor shall not limit the County's
rights under other provisions of this Article with respect to latent defects,gross mistakes,or fraud.
13.1.8. Neither the foregoing nor any provision in the Contract Documents, nor any special guarantee
time limit, shall be held to limit the Contractor's liability for defects, to less than the legal limit of liability in
accordance with the law of the place of building.
13.1.9. Any supplies or equipment, or parts thereof, corrected or furnished in replacement under this
Article, shall also be subject to the terms of the warranty provisions herein to the same extent as supplies and
qq
equipment initially delivered. The warranty,with respect to supplies,equipment, or parts thereof,shall be equal
in duration as if initially delivered and shall run from the date of delivery of the corrected or replaced supply,or
upon the date it is placed in service,whichever is later.
13.2 Access to Work:
The Procurement Officer and the Procurement Officer's representatives, other representatives of the County,
testing agencies and governmental agencies with jurisdictional interests shall have access to the Work, at any
time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such
access.
13.3 Tests and Inspections:
13.3.1. 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 his/her
Subcontractor(s), and shall give the Procurement Officer timely Notice of Readiness of the Work for all
required tests,inspections,or approvals.
13.3.2. If any laws,ordinances,rules,regulations,code or order of any public body having jurisdiction
requires any Work(or part thereof)to specifically be inspected, tested or approved,the Contractor shall assume
full responsibility therefore, pay all costs in connection therewith and furnish the Procurement Officer the
required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall
pay all costs in connection with any inspection or re-testing required in connection with the County's or the
Procurement Officer's acceptance of a Supplier of materials or equipment proposed to be incorporated in the
Work, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for
incorporation in the Work. The cost of all inspections, testing, re-testing and approvals in addition to the above
which are required by the Contract Documents shall be paid by the Contractor (unless otherwise specified).
The County will conduct and pay for the conformance tests on materials installed in-place, and the Contractor
shall pay for re-testing of all failing and non-conforming materials thereafter.
13.3.3. All inspections, tests or approvals other than those required by laws, ordinances, rule,
regulations, code, or order of any public body having jurisdiction shall be performed by organizations
acceptable to the Procurement Officer.
13.3.4. If any Work (including the work of others) that is to be inspected, tested or approved is
covered without written concurrence of the Procurement Officer, it must be uncovered for observation. Such
uncovering and testing when required by the Procurement Officer shall be at the Contractor's expense.
13.3.5. Neither observations by the Procurement Officer nor inspections, tests or approvals by others
shall relieve the Contractor from the Contractor's obligations to perform the Work in accordance with the
Contract Documents.
13.4 Uncovering Work
13.4.1. If any Work is covered contrary to the written request of the Procurement Officer it must, if
requested by the Procurement Officer, be uncovered for the Procurement Officer's observation and replaced at
the Contractor's expense.
13.4.2. If the Procurement Officer considers it necessary or advisable that covered Work be observed
by the Procurement Officer or inspected or tested by others, the Contractor, at the Procurement Officer's
request, shall uncover, expose or otherwise make available for observation, inspection or testing as the
Procurement Officer may require, that portion of the Work in question, furnishing all necessary labor, material
and equipment. If it is found that such Work is Defective, the Contractor shall bear all direct, indirect and
consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory
reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals), and the County shall be entitled to an appropriate decrease in the Contract Price.
13.5 County May Stop The Work
If the Work is defective, or the Contractor fails to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the
Contract Documents, the County may order the Contractor to stop the Work, or any portion thereof, until the
cause for such order has been eliminated; however, this right of the County to stop the Work shall not give rise
to any duty on the part of the County to exercise this right for the benefit of the Contractor or any other party.
13.6 Correction or Removal of Defective Work:
If required by the Procurement Officer or the County, the Contractor shall promptly, as directed, either correct
all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the
Procurement Officer or the County, remove it from the site and replace it with non-defective 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.
13.7 Correction Period:
If within two (2) Years after the date of Final Payment or such longer period of time as may be prescribed by
laws or by the terms of any applicable special guarantee required by the Contract Documents or by any specific
provision of the Contract Documents,any 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 Work,or,if it
has been rejected by County,remove it from the site and replace it with non-defective Work. If the Contractor
does not promptly (within seven (7) days for 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 Work
corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such
removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Work,
other property,or person which occurred as a result of the Defective Work.
13.8 Acceptance of Defective Work:
If, instead of requiring correction or removal and replacement of Defective Work, the County prefers to accept
it, the County may do so. The Contractor shall bear all direct, indirect and consequential costs attributable to
the County's evaluation of and determination to accept such Defective Work. All accepted defective Work
shall be subject to significant price reduction acceptable to the County and the Procurement Officer. If
acceptance occurs after final payment,an appropriate amount shall be paid by Contractor to County.
13.9 County May Correct Defective Work:
If the Contractor fails within ten(10) consecutive calendar days after written notice of the Procurement Officer
or the County to proceed to correct and to correct Defective Work or to remove and replace rejected Work as
required by the Procurement Officer or the County in accordance with paragraph 13.6.,or if the Contractor fails
to perform the 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 days'written notice to the Contractor,
correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the County
shall proceed expeditiously to the extent necessary to complete corrective and remedial action. The County
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may exclude the Contractor from all or part of the site, take possession of all or part of the Work, 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 Work all materials and equipment stored at the site
or for which the County has paid the Contractor but which are stored elsewhere. The Contractor shall allow the
County, the County's representatives, agents and employees such access to the site as may be necessary to
enable the County to exercise the rights and remedies under this paragraph. All direct, indirect and
consequential costs of the County in exercising such rights and remedies will be charged against the Contractor,
and a Change Order will be issued by the County incorporating the necessary revisions in the Contract Price.
Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of
others destroyed or damaged by correction, removal or replacement of the Contractor's Defective Work. The
Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the
Work attributable to the exercise by the County of the County's rights and remedies hereunder.
13.10 Unauthorized Work:
Work performed beyond the lines and grades on the Drawings or approved Design Documents, Construction
Documents or Shop Drawings and extra work done without written authorization, will be considered as
unauthorized work, and the Contractor will receive no compensation therefore. If required by the County,
unauthorized work will be remedied,removed,or replaced by the Contractor at the Contractor's expense.
ARTICLE 14 - CONSTRUCTION SCHEDULE, SCHEDULE OF VALUES, PAYMENTS TO
CONTRACTORS AND COMPLETION
14.1 Schedules:
14.1.1. Within ten(10) days after issuance of the Notice to Proceed and at least ten(10) days prior to
submitting the first application for a progress payment, the Contractor shall prepare and submit to the County
the progress schedule listing all Work tasks required, duration of tasks, sequence of Work, and significant
milestone events; a schedule for Shop Drawing submission; and a schedule of values. These schedules shall be
satisfactory in form and substance to the County and the Engineer and shall employ the CPM or PERT method
if so directed in the Supplementary Conditions. The progress schedule shall be an accurate reflection of the
Work to be performed by Contractor. The progress schedule shall be subject to the review and concurrence of
the County,but the County's concurrence shall not constitute any guarantee or warranty by the County that the
Work can be performed as scheduled. Notwithstanding the County's review and concurrence of the progress
schedule,Contractor shall be paid only according to its completion of the schedule of values,as set forth herein,
and not according to the progress schedule. The Contractor shall revise the progress schedule if so requested by
the County.
14.1.2. The schedule of values shall indicate quantities and unit prices aggregating the Agreement
Price and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress
payments during construction. Upon acceptance of the schedule of values by Procurement Officer and the
County, the schedule shall be incorporated into the form for Application for Partial Payment and such form
shall be subject to Procurement Officer's and the County's reasonable approval. The Contractor shall revise the
schedule of values if requested by the County. The Contractor may include on its Application for Partial
Payment,payment for materials stored at the construction site,provided that title to such materials will pass to
the County at the time of payment free and clear of all claims,security interests,and encumbrances.
14.2 Application for Progress Payments
14.2.1 At least ten (10) days before each progress payment falls due (but not more often than once a
month), Contractor shall submit to the Procurement Officer for review an Application for Partial Payment
completed and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents and also as
Procurement Officer may reasonably require. Each subsequent Application for Partial Payment shall include an
affidavit of Contractor stating that all previous progress payments received on account of the Work have been
applied to discharge in full all of Contractor's obligations reflected in prior Applications for Partial Payment.
The amount of retainage with respect to progress payments will be as stipulated in the Agreement.
14.2.2 The determination of quantities of Work acceptably completed under the terms of the Contract
Documents will be made by the Procurement Officer and based on measurements taken by him or his
assistants. These measurements will be taken according to the United States standard measure. All surface and
linear measurements will be taken horizontally unless otherwise shown on Plans or specified. Structures shall
be measured as shown on the Plans. When base course, topsoil, surface course, or any materials are measured
by the cubic yard in the vehicle, such measurement shall be taken at the point of delivery. The capacity of all
vehicles shall be plainly marked on said vehicle and the capacity or marking shall not be changed without
permission of the Procurement Officer. The Procurement Officer may require all vehicles to have uniform
capacity.
14.2.3 No progress payment except final payment will be made for a sum of less than $1,000.00. The
estimates will be approximate only, and all partial or monthly estimates and payments shall be subject to
correction in the estimate rendered following discovery of an error in any previous estimates. Should any
defective Work or material be discovered, or should a reasonable doubt arise as to the integrity of any part of
the Work completed previous to the final payment, there will be deducted from the first estimate rendered after
the discovery of such Work an amount equal in value to the defective or questioned Work, and this Work will
not be included in a subsequent estimate until the defects have been remedied or the causes for doubt removed.
14.3 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment,whether incorporated in the Project or not,will pass to County at the time of payment
free and clear of all claims, security interests and encumbrances (hereafter in these General Conditions referred
to as"Claims").
14.4 Review of ApplicationsforProgressPayment
14.4.1. Procurement Officer will, within ten (10) days after receipt of each Application for Partial
Payment either indicate in writing a recommendation of payment and present the Application to County, or
return the Application to Contractor indicating in writing Procurement Officer's reasons for refusing to
recommend payment. In later cases, Contractor may make the necessary corrections and resubmit the
Application. The County shall pay Contractor within forty-five (45) days of County's approval of the
Application for Partial Payment.
14.4.2. Procurement Officer's recommendation of any payment requested in an Application for Partial
Payment will constitute a representation by Procurement Officer to County,based on Procurement Officer's on-
site observations of the Work in progress as an experienced and qualified design professional and on
Procurement Officer's review of the Application for Partial Payment and the accompanying data and schedules,
that the Work has progressed to the point indicated, and that, to the best of Procurement Officer's knowledge,
information, and belief, the quality of the work is in accordance with the Contract Documents (subject to an
evaluation of the Work as a functioning Project upon substantial Completion, to the results of any subsequent
tests called for in the Contract Documents and any qualifications stated in the recommendation). However, by
recommending any such payment Procurement Officer will not thereby be deemed to have represented that
exhaustive or continuos on-site inspections have been made to check the quality or the quantity of the Work, or
that the means, methods,techniques,sequences,and procedures of construction have been reviewed or that any
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examination has been made to ascertain how or for what purpose Procurement Officer has used the moneys
paid or to be paid to Contractor on account of the Agreement Price, or that title to any Work, materials or
equipment has passed to County free and clear of any Claims.
14.4.3. Procurement Officer may refuse to recommend, and the County may refuse to pay,the whole
or any part of any payment, if, in their opinion, it would be incorrect to make such payment. They may also
refuse to recommend to make any such payment, or because of subsequently discovered evidence or the results
of subsequent inspections or tests,nullify any such payment previously recommended,to such extent as may be
necessary in Procurement Officer's or County's opinion to protect County from loss because:
14.4.3.1. The Work is defective, or completed Work has been damaged requiring
correction or replacement,
14.4.3.2. Written Claims have been made against County or Claims have been filed in
connection with the Work,
14.4.3.3. The Agreement Price has been reduced because of modifications,
14.4.3.4. County has been required to correct defective work or complete the Work in
accordance with paragraph 13.09(check para.#),
14.4.3.5. Of Contractor's unsatisfactory prosecution of the Work in accordance with
the Contract Documents,or
14.4.3.6. Of Contractor's failure to make payment to Subcontractors for labor,
materials or equipment.
14.5 Substantial Completion
When Contractor considers the entire Work ready for its intended use, Contractor shall, in writing to
County and Procurement Officer, certify that the entire Work is substantially complete and request that
Procurement Officer issue a Certificate of Substantial Completion. Within a reasonable time thereafter,
County, Contractor, and Procurement Officer shall make an inspection of the Work to determine the status of
completion. If Procurement Officer does not consider the Work substantially complete, Procurement Officer
will notify Contractor in writing giving his reasons therefor. If Procurement Officer considers the Work
substantially complete, Procurement Officer will prepare and deliver to County a tentative Certificate of
Substantial Completion. There shall be attached to the Certificate a punch list of items to be completed or
corrected before Project completion and final payment.
14.6 Partial Utilization:
Use by the County of any finished part of the Work, which has specifically been identified in the Contract
Documents, or which the County, the Procurement Officer and the Contractor agree constitutes a separately
functioning and useable part of the Work that can be used by the County without significant interference with
the Contractor's performance of the remainder of the Work,may be accomplished prior to Final Completion of
all the Work subject to the following:
14.6.1. The County at any time may request the Contractor in writing to permit the County to use any
such part of the Work which the County believes to be ready for its intended use and substantially complete. If
the Contractor agrees,the Contractor will certify to the County and the Procurement Officer that said part of the
Work is substantially complete.
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14.7 Final Inspections:
Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete and all
punch list items have been completed, the County will make a final inspection with the Procurement Officer
and the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals
that the Work is incomplete or Defective. The Contractor shall immediately take such measures as are
necessary to remove and eliminate all such deficiencies.
14.8 FinalApplicationforPayment:
14.8.1. After the Contractor has completed all such corrections to the satisfaction of the County and
delivered all maintenance and operating instructions, schedules, guarantees, Bonds, as-built documentation (as
provided in paragraph 6.12) and other documents - all as required by the Contract Documents, and after the
County has indicated that the Work is acceptable, the Contractor shall make application for final payment
following the procedure for progress payments. The final Application for Payment shall be accompanied
by all documentation called for in the Contract Documents and such other data and schedules as
Procurement Officer may reasonably require together with complete and legally effective releases or
waivers (satisfactory to County) of all Claims arising out of or filed in connection with the Work. In lieu
thereof and as approved by County, Contractor may furnish receipts or releases in full; an affidavit of
Contractor that releases and receipts include all labor, services, material and equipment for which a Claim
could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the
Work for which County or its property might in any way be responsible, have been paid or otherwise
satisfied; and consent of the Surety, if any, to final payment. If Subcontractor, manufacturer, fabricator,
supplier or distributor fails to furnish a release or receipt in full, Contractor may furnish a Bond or other
collateral satisfactory to County to indemnify County against any Claim.
14.9 Settlement Date,Notice to Subcontractors,Acceptance and Final Payment:
14.9.1. If, on the basis of the Procurement Officer's observation of the Work during construction and
final inspection, and the Procurement Officer's review of the Final Application for Payment and accompanying
documentation - all as required by the Contract Documents, the Procurement Officer represents to the County
that the Work has been completed and the County is satisfied that the Work has been completed and the
Contractor's other obligations under the Contract Documents have been fulfilled, the County shall cause to be
published on two (2) consecutive weeks in the weekly editions of the Aspen Times, a public notice setting a
final settlement date;which said settlement date shall be at least ten(10) days after the second publication. Said
notice shall advise all persons, co-partnerships, associations of persons, companies, or corporations that have
furnished or supplied labor, provisions, materials, tools, equipment, team hire, sustenance, or other supplies
used or consumed by Contractor or his subcontractor(s),that they may file a claim with the County, at any time
up to and including the time of final settlement. Upon filing of any such claim, the County shall withhold
from Final Payment, to insure the payment of said claims until the same have been paid or such claims
as filed have been withdrawn, such payment or withdrawal to be evidenced by filing with County a receipt in
full or an order for withdrawal in writing and signed by the person filing such claim or his duly authorized
agents or assigns. Such funds shall not be withheld longer than nineh, (90) dam following the date fixed for
final settlement as published unless an action is commenced within that time to enforce such unpaid claim and a
notice of Lis Pendens is filed with the County. At the expiration of such ninety (90) day period, the County
shall pay to Contractor such moneys and funds as are not subject of suit and Lis Pendens notices and shall
retain thereafter, subject to the final outcome thereof, only such balance of funds to insure the payment of
judgments which may result from such suit.
14.9.2. If, the remaining balance to be held by the County for Work not fully completed or corrected
is less than the retainage stipulated in the Agreement, and if Bonds have been furnished, the written consent of
the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be
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submitted by the Contractor to the Procurement Officer with the Application for Payment. Such payment shall
be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of
claims.
14.10 Contractor's Continuing Obligation:
The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress or final payment by the Procurement Officer, nor
the issuance of a certificate of Substantial Completion, nor any payment by the County to the Contractor under
the Contract Documents, nor any act of acceptance by the County nor any failure to do so, nor any review and
approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by the
Procurement Officer pursuant to paragraph 14.9, nor any correction of Defective Work by the County will
constitute an acceptance of Work not in accordance with the Contract Documents or a release of the
Contractor's obligation to perform the Work in accordance with the Contract Documents.
14.11 Liquidated Damages:
14.11.1. TIME FOR COMPLETION: It is hereby understood and mutually agreed, by and between
the Contractor and the County, that the date of beginning Work and the time of completion as specified herein
are essential conditions of the Agreement. The Contractor agrees that said Work shall be prosecuted regularly,
diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly
understood and agreed, by and between the Contractor and the County, that the time(s) for completion of the
Work described herein are reasonable time(s) for the completion of the Work, taking into consideration the
average climatic conditions prevailing in the locality of the Work.
14.11.2. TIME IS OF THE ESSENCE TO THE AGREEMENT: It is further agreed that time is of the
essence in completing the Work, and that the Project Work Schedule referenced at paragraph 6.7. and the
Submittal Schedule referenced at paragraph 6.3. and all dates set forth therein and where in the Contract
Documents, an additional time is allowed for the completion of the Work, the new time limit fixed by such
extension shall be of the essence of the Contract.
14.11.3. LIQUIDATED DAMAGES: Substantial Completion of the Construction is of paramount
importance to the County. If any portion of the Work 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 Agreement.
This particular provision shall not be construed as a penalty upon said Contractor for failing fully to complete
said Work as agreed in the Proposal and Contract Documents nor is it intended, but as Liquidated Damages to
compensate the County for all costs incurred as a result of such breach of Contract.
14.11.4. DELAYS IN WORK COMPLETION OF CONSTRUCTION PHASE: Subject to the terms
of "Excusable Delays", as contained in Section 14.11.5. of the General Conditions, 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 in the Liquidated Damages Form for each consecutive calendar day that Substantial
Completion is delayed in the Construction of the project.
14.11.5. 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 Agreement then such
party shall give notice and full particulars of such Force Majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such
notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability
then claimed, but for no longer period, and any such party shall remove or overcome such inability with all
reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or
other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States
or the State of Colorado or any political subdivision, except the County, or any civil or military authority,
insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts,
droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such
inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the
discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be
remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the
demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party
having the difficulty.
14.11.6. 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.
14.12 Waiver of Claims
The making and acceptance of final payment shall constitute:
14.12.1. A waiver of all Claims by County against Contractor, except claims arising from unsettled
Claims,from defective Work appearing after final inspection or from failure to comply with the Contract
Documents or the terms of any special guarantee specified therein; however, it shall not constitute a waiver
by County of any rights in respect of Contractor's continuing obligations under the Contract Documents;
and
14.12.2. A waiver of all claims by Contractor against County other than those previously made in
writing and identified by the Contractor as unsettled at the time of the Final Application for Payment.
ARTICLE 15-SUSPENSION OF WORK AND TERMINATION
15.1 County May Suspend Work:
The County may, at any time and without cause, suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to the Contractor and will fix the date on which work will be
resumed. The Contractor shall resume the Work on the date so fixed. The Contractor shall be allowed an
increase in the Contract Price or an extension of the Contract Time, or both if the Consecutive Calendar Days
used to complete the Work are directly attributable to any suspension, if the Contractor makes an approved
claim therefor as provided in Article 11. Other Work suspensions such as delayed start or phased construction
shall not entitle the Contractor to any compensation of payment or time.
15.2 County May Terminate:
Upon the occurrence of any one or more of the following events:
15.2.1. If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code
(Title II,United States Code),as now or hereafter in effect,or if Contractor takes any equivalent or similar
action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the
bankruptcy or insolvency;
15.2.2. 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;
15.2.3. If the Contractor makes a general assignment for the benefit of creditors;
15.2.4. 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;
15.2.5. If the Contractor admits in writing an inability to pay its debts generally as they become due;
15.2.6. If the Contractor persistently fails to perform the Work in accordance with the Contract
Documents(including but not limited to,failure to supply sufficient skilled workers or suitable materials or
equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to
time);
15.2.7. If the Contractor disregards laws,ordinances,rules,regulations,or orders of any public body
having jurisdiction;
15.2.8. If the Contractor disregards the authority of Procurement Officer;or,
15.2.9. If the Contractor otherwise violates in any substantial way any provisions of the Contract
Documents:
The County may, after giving the Contractor (and the surety, if there be one) seven (7) days written
notice and to the extent permitted by laws, ordinances, rules, regulations, or orders, terminate the services of
Contractor, exclude the Contractor from the site and take possession of the Work and of all the Contractor's
tools, appliances, construction equipment and machinery at the site and use the same to the full extent they
could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in
the Work all materials and equipment stored at the site or for which the County has paid the Contractor but
which are stored elsewhere, and finish the Work as the County may deem expedient. In such case the
Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance
of the Contract Price exceeds the direct,indirect and consequential costs of completing the Work(including but
not limited to fees and charges of engineers, architects, attorneys and other professionals and court and
arbitration costs) such excess will be paid to the Contractor. If such costs exceed such unpaid balance, the
Contractor shall pay the difference to the County. Such costs incurred by the County will be approved as to
reasonableness by the Procurement Officer and incorporated in a Change Order,but when exercising any rights
or remedies under this paragraph the County shall not be required to obtain the lowest price for the Work
performed.
15.2.10. Where the Contractor's services have been so terminated by the County, the termination will
not affect any rights or remedies of the County against the Contractor then existing or which may thereafter
accrue. Any retention or payment of moneys due the Contractor by the County will not release the Contractor
from liability.
15.2.11. Upon seven (7) days' written notice to the Contractor, the County may, without cause and
without prejudice to any other right or remedy, elect to abandon the Work and terminate the Contract. In such
case, the Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination
expenses.
15.3 Contractor May Stop Work or Terminate:
If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety(90) days
by the County or under an order of court or other public authority, then the Contractor may, upon seven days
written notice to the County and the Procurement Officer, terminate the Contract and recover from the County
payment for all Work executed and installed in place and any expense sustained plus reasonable termination
expenses. The provisions of this paragraph shall not relieve the Contractor of the obligations under Article 6 to
carry on the Work in accordance with the progress schedule and without delay during disputes and
disagreements with the County.
ARTICLE 16-MISCELLANEOUS
16.1 Giving Notice:
Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to
have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended,or if delivered at or sent by registered or certified mail,postage prepaid, to
the last business address known to the giver of the notice.
16.2 Computation of Time:
16.2.1. When any period of time is referred to in the Contract Documents 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 day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted
from the computation.
16.2.2. A consecutive calendar day of twenty-four hours measured from midnight to the next midnight
shall constitute a day. A working day is any day ; Monday through Friday of each week, also called business
day.
16.3 General.
16.3.1. Should the County or the Contractor suffer injury or damage to person or property because of
any error, omission or act of the other party or of any of the other party's employees or agents or others for
whose acts the other party is legally liable, claim will be made in writing to the other parry within a reasonable
time of the first observance of such injury or damage. The provisions of this paragraph shall not be construed
as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.
16.3.2. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto,and, in particular but without limitation,the warranties,guarantees and
obligations imposed upon the Contractor by the General Conditions,and all of the rights and remedies available
to the County thereunder,are in addition to, and are not to be construed in any way as a limitation of, any rights
and remedies available to any or all of them which are otherwise imposed or available by law or contract, by
special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this
paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each
particular duty, obligation, right and remedy to which they apply. All representations, warranties and
guarantees made in the Contract Documents will survive final payment and termination or completion of the
Agreement.
16.4 Independent Contractor Status:
It is expressly acknowledged and understood by the parties that nothing in this agreement shall result in, or be
construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an
independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the County. No
agent,employee, or servant of the Contractor shall be,or shall be deemed to be, the employee, agent or servant
of the County. The County is interested only in the results obtained under the Contract Documents. The
manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits
provided by the County to its employees including, but not limited to, worker's compensation insurance and
unemployment insurance, are available from the County to the employees, agents or servants of the Contractor.
The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents,
employees,servants and subcontractors during the performance of the Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO
WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL
AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT.
16.5 Audit and Records
16.5.1. DATA AND RECORDS: The Contractor shall maintain all data and records pertinent to the
Work 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 the Contract Documents. The authorized representatives of the U.S. Department of Transportation,
Comptroller General of the United States, the State of Colorado and 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 Agreement shall permit the authorized representatives of the United States Department of Transportation,
the State of Colorado, and the County, to similarly inspect and audit all data and records of said Subcontractors
relating to the performance of said Subcontractors under this Agreement for the same time period.
16.5.2. COST OR PRICING DATA: If the Contractor has submitted cost or pricing data in connection
with the pricing of any modification to the Contract, unless the pricing was based on adequate price
competition, established catalog or market prices of commercial items sold in substantial quantities to the
general public, or prices set by law or regulation, the Procurement Officer or a representative of the County
shall have the right to examine and audit all books, records, documents, and other data of the Contractor
(including computations and projections)related to negotiating,pricing or performing the modification, in order
to evaluate the accuracy, completeness, and currency of the cost and pricing data. In the case of pricing any
modification, the authorized representatives of the U.S. Department of Transportation, and the State of
Colorado shall have the same rights.
16.5.3. AVAILABILITY:The Contractor shall make available at its offices at all reasonable times the
materials described in the Contract Documents, for examination, audit, or reproduction, until three (3) years
after final payment under the Contract, or for any period, if any, as is required by applicable statute or by other
articles of this Contract.
16.5.4. CONTRACT TERMINATION: If this Contract is completely or partially terminated,the
records relating to the Work terminated shall be made available for three(3)years after any resulting final
termination payment.
16.5.5. APPEALS,LITIGATION, OR CLAIMS: Records pertaining to appeals under the disputes
clause 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.