HomeMy WebLinkAboutbocc.con.135.2018 p T K I N Pitkin County
Procurement Cover Sheet
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Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
Contract Information
Contract Number 135.2018
Project Name Mather House New Septic and Well Line Installation Services
Contractor Aspen Digger, Inc.
Budget Line Item 118.56.02264.82986 $
$Additional Budget Line $
Item(s) $ _
(Please fully allocate New Contract Total)
Procurement Method: _Formal
Type: Construction
Contract Start Date 5/17/2018
Contract End Date 7/12/2018
Contract Type New Contract
Retainage No
If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form.
Contact Information:
Department Open Space &Trails
County Representative Ted O'Brien County Representative (970) 429-6130
Phone
Provide a brief description of the contract:
Contractor shall provide and install a new septic system and updated well line system at the Mather house site
location
Contract Value Summary:
Original Contract Amount $ 47,790.00
Previous Change Order/Amendment Amount $This Change order/Amendment amount $New Contract Total $ 47,790.00
NOTE: Clerks Office will keep original documents in compliance with Colorado State Archives retainage schedule.
Bid# 135.2018 Rev. 2017/11/21 btf
Budget Line Item# 118.56.02264.82986
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NOTICE OF AWARD
Date: June 4, 2018
To: Aspen Digger, Inc.
Franz Stone, President
0075 Sopris Avenue
Carbondale, CO 81623
RE: Mather House New Septic and Well Line Installation Services
The County, having duly considered the Proposal submitted on May 15, 2018 for the
work or purchase covered by the Contract Document titled Mather House New Septic
and Well Line Installation Services in the amount of Forty-Seven Thousand Seven-
Hundred Ninety dollars and Zero cents ($47,790.00), and it appearing that the Price and
other information in your Proposal Form is fair, equitable and to the best interest of the
County, the offer in your Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents, you are required to execute the
Agreement in one original of contract within ten(10) consecutive days from this Notice of
Award.
In addition,you are required to furnish in the said time Certificates of Insurance evidencing
compliance with the requirement for insurance as stated in the Contract Documents to
Procurement via email at procurement@pitkincounty.com.
PITKIN COUNTY
C�lnvis Q+Qs Jun-04-2018
Chris Davis Date
Procurement Specialist
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged
row) SI-6 , Jun-08-2018
Franz Stone Date
President
Contract# 135.2018 Rev.2018-03-01 btf
Budget Line Item# 118.56.02264.82986
41i1'KIN
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PITKIN COUNTY CONSTRUCTION CONTRACT
THIS CONTRACT, made May 17, 2018 by and between the Board of County Commissioners of
Pitkin County, Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621, (hereinafter called the
"County")and Aspen Digger,Inc.,0075 Sopris Avenue,Carbondale,CO 81623 (hereinafter called
the "Contractor") to perform the following work: Mather House New Septic and Well Line
Installation Services ("Project").
I. Term of Contract: The term of this Contract is from May 17, 2018 to July 12, 2018.
II. Scope of Work and Work Schedule:
A. Scope of Work: Contractor shall install a new septic and well system at the Mather
house site location as further detailed in Attachments A through C.
B. All work performed under this Contract shall be done according to the following
work schedule:
Work schedule is set forth in the attached documents. Per Contractor's proposal,
work will be completed prior to the established deadline of July 12, 2018.
III. Payment: The County agrees to pay, and the Contractor agrees to accept, in full payment
for the performance of this Contract, the total price of Forty-Seven Thousand Seven-
Hundred Ninety dollars and Zero cents ($47,790.00) in accordance with this Contract,
subject to increase or decrease in accordance with the provisions of this Contract; but any
payment by the County may be offset by any amount the Contractor owes the County for
any reason.
A. Payment Procedures
1) Contractor shall submit applications for payment monthly for work
done to date.
2) Progress payments for Contracts exceeding one hundred fifty
thousand dollars ($150,000.00)
a. County shall make progress payments, within thirty (30) days of
County's approval of Contractor's pay request.
b. In accordance to amend Section 2 Colorado Revised Statutes
(C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty
thousand dollars($150,000.00)and if the Contractor is satisfactorily
performing this Contract, progress payments shall be in an amount
equal to ninety-five percent (95%) of the calculated value of
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completed Project work. If, in the opinion of the Project Lead and
County, satisfactory progress is not being made on the Project, or if
claims are filed under Section C.R.S. § 38-26-107, as amended,
County may retain such additional amounts as County may deem
necessary to assure completion of the Project or to pay such claims
and any Project Lead's and attorney's fees reasonably incurred or to
be incurred by County in defending or handling such claims. The
withheld percentage of the Contract Price shall be retained until the
Project is completed satisfactorily and finally accepted by County in
accordance with the provisions of this Contract. Progress payments
shall not constitute final acceptance of the Project.
3) County shall make final payment, including release of retainage, to
Contractor in accordance with this Contract and Section C.R.S. § 38-26-
107, as amended.
IV. Contractor Obligations:
A. Supervision and Superintendence
1) The Contractor shall supervise and direct the Project competently
and efficiently devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Project in accordance with this
Contract. The Contractor shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The
Contractor shall be responsible to see that the finished Project compiles
accurately with this Contract.
2) The Contractor shall appoint and identify to the County and Project
Lead, a competent on-site superintendent to be kept on the Project at all
times during its progress and who shall not be replaced without written
notice to the County and the Project Lead except under extraordinary
circumstances. The superintendent will be the Contractor's representative
at the site and shall have authority to act on behalf of the Contractor. All
communications given to the superintendent shall be as binding as if given
to the Contractor.
B. Subcontractors, Suppliers and Others
1) The Contractor shall not employ any subcontractor, supplier or
other person or organization (including those acceptable to the County and
the Project Lead, whether initially or as a substitute) against whom the
County or the Project Lead may have reasonable objection.
2) The identity of subcontractors, suppliers or other persons or
organizations including those who are to furnish the principal items of
materials and equipment must be submitted to the County in advance of any
work performed or materials supplied under this Contract for acceptance by
the County and the Project Lead.No acceptance by the County or the Project
Lead of any such subcontractor, supplier or other person or organization
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shall constitute a waiver of any right of the County or the Project Lead to
reject defective Project work.
3) The Contractor shall be fully responsible to the County and the
Project Lead for all acts and omissions of the subcontractors, suppliers and
other persons and organizations performing or furnishing any of the Project
work under a direct or indirect contract with Contractor just as Contractor
is responsible for Contractor's own acts and omissions. Nothing in this
Contract shall create any Contractual relationship between the County or
the Project Lead and any such subcontractor, supplier or other person or
organization, nor shall it create any obligation on the part of the County or
the Project Lead to pay or to see to the payment of any moneys due any such
subcontractor, supplier or other person or organization except as may
otherwise be required by laws and regulations.
4) All Project work performed for Contractor by a subcontractor will
be pursuant to an appropriate contract between the Contractor and the
subcontractor which specifically binds the subcontractor to the applicable
terms and conditions of this Contract for the benefit of the County and the
Project Lead.
C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties
and assume all costs incident to their use in the performance of the Project or the
incorporation in the Project of any invention, design, process, product or device
which is the subject of patent rights or copyrights held by others. Contractor shall
indemnify and hold harmless the County and the Project Lead and anyone directly
or indirectly employed by either of them from and against all claims, damages,
losses and expenses (including attorney's fees and court costs) arising out of any
infringement of patent rights or copyrights incidental to the use in the performance
of the Project or resulting from the product or device not specified in this Contract,
and shall defend all such claims in connection with any alleged infringement of
such rights.
D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain
and pay for all construction permits and licenses. The County shall assist the
Contractor,when necessary,in obtaining such permits and licenses. The Contractor
shall pay all governmental charges and inspection fees necessary for the
prosecution of the Project. The Contractor shall pay all charges of utilities for
connections to the Project, and the County shall pay all charges of such utility
owners for capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply with
all federal, state, and local laws, ordinances, rules, and regulations applicable to
furnishing and performance of the Project including rules, regulations, and
ordinances the County promulgates at any time. Except where otherwise expressly
required by applicable laws and regulations,neither the County nor the Project Lead
shall be responsible for monitoring the Contractor's compliance with any Laws or
Regulations.
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F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales,consumer,use and other similar taxes whether direct or indirect.Federal
excise tax may not apply to materials purchased by the County. The Contract price
shall include all other federal, state, and/or local direct or indirect taxes, which do
apply. The Contract price shall include the cost of compliance with all other Federal
Laws and Regulations at no additional cost to the County (except as provided in
this Contract). The Contractor shall not be reimbursed separately for any taxes,
which may apply except as provided in this Contract, and the Contractor shall be
responsible for all taxes,which may apply. The County is tax exempt from Federal
Excise Tax and Colorado State or local sales or use taxes. The Contractor and its
subcontractors shall apply to the Colorado Department of Revenue for a Certificate
of Exemption indicating that the Contractor or subcontractor's purchase of
construction material or building materials is for use in a building, structure, or
other public work owned and used by the County.
G. Use of Premises.
1) The Contractor shall confine construction equipment,the storage of
materials and equipment and the operations of workers to the Project site
and land and areas permitted by this Contract, law,ordinances, and permits.
The Contractor shall assume full responsibility for any damage to any such
land or area, or to the County or occupant thereof or of any land or areas
contiguous thereto, resulting from the performance of the Project. Should
any claim be made against the County or the Project Lead by any such
owner or occupant because of the performance of the Project, Contractor
shall promptly settle with such other party. The Contractor shall, to the
fullest extent permitted by Laws and Regulations, indemnify and hold the
County harmless from and against all claims, damages, losses and expenses
(including, but not limited to, fees of engineers, architects, attorneys and
other professionals and court costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought by any such
other party against the County or the Project Lead to the extent based on a
claim arising out of the Contractor's performance of the Project.
2) During the progress of the Project, the Contractor shall keep the
premises free from accumulations of waste materials, rubbish and other
debris resulting from the Project. At the completion of the Project, the
Contractor shall remove all waste materials, rubbish and debris from and
about the premises as well as all tools, appliances, construction equipment
and machinery, temporary structures, stumps or portions of trees, and
surplus materials, and shall leave the site clean and ready for occupancy by
the County. The Contractor shall restore to original condition all property
not designated for alteration by this Contract.
3) The Contractor shall not load or permit any part of any structure to
be loaded in any manner that will endanger the structure, nor shall the
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Contractor subject any part of the Project or adjacent property to stresses or
pressures that will endanger it.
H. Safety and Protection.
1) The Contractor shall be solely responsible for initiating,
maintaining and supervising all safety precautions and programs in
connection with the Project. The Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
a. All employees in the Project area and other persons and
organizations who may be affected thereby;
b. All the Project materials and equipment to be incorporated therein,
whether in storage on or off the site; and
c. Other property at the site or adjacent thereto,including trees,shrubs,
lawns, walks, pavements, road-ways, structures, utilities and
underground facilities not designated for removal, relocation or
replacement in the course of construction.
2) The Contractor shall be required to assume sole and complete
responsibility for job site conditions during the course of construction of the
Project, including the safety of all persons who may enter on the job site for
any reason and the security of all property located on the job site. This
requirement shall apply at all times during the course of the Contract and
not only to normal Project work hours.
3) The Contractor shall at all times conduct the Project in such manner
as will incur the least practicable interference with traffic and existing utility
systems. No section of any road shall be closed to the public,nor any utility
system put out of service except after permission, has been granted by the
Project Lead. Each item of the Project shall be prosecuted to completion
without delay and in no instance will the Contractor be permitted to transfer
its forces from an uncompleted Project to a new Project without prior
written notification of the Contractor to the Project Lead.
a. Unless this Contract specifically provides for the closing to traffic
of any local road or highway while construction is in progress, such
road or highway shall be kept open to all traffic by the Contractor.
The Contractor shall also provide and maintain in a safe condition
temporary approaches, crossings, or intersections with roads and
highways. The Contractor shall bear all expense of maintaining
traffic over the section of road affected by the Project to be done
under this Contract, and of constructing and maintaining such
approaches, crossing, intersections and any necessary features
without direct compensation, except as otherwise provided.
b. The Contractor shall provide, erect and maintain all necessary
barricades, signs,danger signals and lights to protect the Project and
the safety of the public. The Contractor's responsibility for
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necessary barricades, signs, and lights shall not cease until the
Project has been accepted.
I. Shop Drawings and Samples.
1) After checking and verifying all field measurements and after
complying with applicable procedures specified in this Contract, the
Contractor shall submit to the Project Lead for review and approval in
accordance with the approved schedule of shop drawing submissions, three
(3)copies(unless otherwise specified)of all shop drawings,which will bear
a stamp or specific written indication that the Contractor has satisfied the
Contractor's responsibilities under this Contract with respect to the review
of the submission. All submissions will be identified as the Project Lead
may require. The data shown on the shop drawings will be complete with
respect to quantities,dimensions, specified performance and design criteria,
materials and similar data to enable the Project Lead to review the
information as required.
2) The Contractor shall also submit to the Project Lead for review and
approval with such promptness as to cause no delay in Project, all samples
required by this Contract. All samples will have been checked by and
accompanied by a specific written indication that the Contractor has
satisfied the Contractor's responsibilities under this Contract with respect to
the review of the submission and will be identified clearly as to material,
supplier, pertinent data such as catalog numbers and the use for which
intended.
3) Before submission of each shop drawing or sample, the Contractor
shall have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto; and reviewed or coordinated each shop
drawing or sample with other shop drawings and samples and with the
requirements of the Project and this Contract.
4) At the time of each submission,the Contractor shall give the Project
Lead specific written notice of each variation that the shop drawings or
samples may have from the requirements of this Contract, and, in addition,
shall cause a specific notation to be made on each shop drawing submitted
to the Project Lead for review and approval of each such variation.
5) Where a shop drawing or sample is required by the specifications,
no related Project work shall be commenced prior to the Project Lead's
review and approval of the shop drawing or samples.
6) The cost of furnishing all shop drawings and samples shall be borne
by Contractor.
V. Performance and Payment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of one half
of the total Contract value for all Contracts over fifty thousand dollars($50,000.00),
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as required by C.R.S. § 38-26-105, et seq. all Bonds shall be in the form acceptable
to the County. All Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state or it ceases to meet
the requirements of paragraph A of this Section, Contractor shall within five (5)
days thereafter substitute another Bond and Surety, both of which must be
acceptable to the County.
VI. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, volunteers, and any jurisdiction or agency issuing permits for any work
included in the project,hereinafter referred to as indemnitee,from all suits and claims,
including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or
claims of any character or any nature arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered
under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that
the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this Contract of indemnity applies. In consideration of the
award of this Contract,the Contractor agrees to waive all rights of subrogation against
the County its subsidiary, parent, associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County.
B. The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend,pay or settle all claims, demands, or lawsuits related hereto
at its sole expense and shall bear all other costs and expenses related thereto, even
if the claim, demand or lawsuit is groundless, false or fraudulent.
VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the Contractor,
its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract. The policies shall include,
or be endorsed to include, the following provision: On insurance policies where the
County is named as an additional insured, the County shall be an additional insured to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Contract.
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The County in no way warrants that the minimum limits contained herein are sufficient to
protect the Contractor from liabilities that might arise out of the performance of the work
under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved
of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types.
Commercial General Liability Completed Operations coverage must be kept in effect for
up to three (3) years after completion of the project.
A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of
liability not less than those stated below. An umbrella and/or excess liability policy
may be used to meet the minimum liability requirements provided that the coverage
is written on a"following form"basis.
1) Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers' Compensation Act, AND when
such contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability—ISO 1CG 0001 form or equivalent
(With County named additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage(Any One Fire) $ 50,000
Medical Payments(Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal/Advertising Injury
• Products/Completed Operations
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• Liability assumed under an Insured Contract(including defense costs assumed
under contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503
(1997 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form
2010 (2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities
performed by, or on behalf of the Contractor, including completed operations".
3) Auto Liability: Bodily injury and property damage for any owned,
hired, and non-owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage (Each Accident) $ 1,000,000
4) Contractors Pollution Liability: The County requires this coverage
whenever work at issue under this Contract involves potential pollution risk
to the environment or losses caused by pollution conditions (including
asbestos) that may arise from the operations of the Contractor described in
the Contractor's scope of services. Policy shall cover the Contractor's
completed operations. Contractors Pollution Liability coverage (including
Completed Operations) must be kept in effect for up to three (3)years after
completion of the project.
Coverage shall apply to sudden and gradual pollution conditions resulting
from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos). If the coverage is written
on a claims-made basis, the Contractor warrants that any retroactive date
applicable to coverage under the policy precedes the effective date of this
Contract; and that continuous coverage will be maintained or an extended
discovery period will be exercised for a period of three (3)years beginning
from the time that work under this Contract is completed.
a. The policy shall be endorsed to include the following as Additional
Insureds: "Pitkin County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of
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the activities performed by, or on behalf of the Contractor,including
completed operations".
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
5) Professional Liability: The Contractor shall maintain Professional
Liability covering wrongful acts, errors and/or omissions, including design
errors, if applicable, for damage sustained by reason of or in the course of
operations under this Contract resulting from professional services provided
by the Contractor as part of the Contract. Contractors Professional Liability
(Errors and Omissions)policy must be kept in effect during the project and
for up to three (3) years after completion of the project.
The policy/coverages shall be amended to include the following:
a. Coverage shall apply for three (3)years after project is complete.
b. Policy is to be on a primary basis; if other professional coverage is
carried.
Per Loss $ 1,000,000
Aggregate $ 2,000,000
6) Builders Risk Insurance or Installation Floater— Completed Value
Basis
Unless otherwise provided, the Contractor shall purchase and maintain, in
a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, Builders' Risk Insurance in the
amount of the initial Contract Sum,plus value of subsequent modifications,
change orders, and cost of material supplied or installed by others,
comprising total value of the entire Project at the site on a replacement cost
basis without optional deductibles.
a. Policy must provide coverage from the time any covered property
becomes the responsibility of the Contractor, and continue without
interruption during construction, renovation, or installation,
including any time during which the covered property is being
transported to the construction installation site, or awaiting
installation, whether on or off site.
b. Such Builders'Risk Insurance shall be maintained,unless otherwise
provided in the Contract Documents or otherwise agreed in writing
by all persons and entities who are beneficiaries of such insurance,
until final payment has been made or until no person or entity other
than the County's has insurable interest in the property to be
covered, whichever is later.
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c. The Builders' Risk insurance shall include interests of the County
and if applicable, affiliated or associate entities, the General
Contractor, subcontractors and sub-tier contractors in the Project.
d. The Builders' Risk Coverage shall be written on a Special Covered
Cause of Loss form and shall include theft, vandalism, malicious
mischief, collapse, false-work, temporary buildings, transit, debris
removal including demolition, increased cost of construction,
architect's fees and expenses, flood (including water damage),
earthquake,and if applicable,all below and above ground structures,
piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and
excavation, backfilling, filling, and grading.
e. The Builders' Risk shall include a Beneficial Occupancy
Clause. The policy shall specifically permit occupancy of the
building during construction. Contractor shall take reasonable steps
to obtain consent of the insurance company and delete any
provisions with regard to restrictions within any Occupancy Clauses
within the Builder's Risk Policy. The Builder's Risk Policy shall
remain in force until acceptance of the project by the County.
f. Equipment Breakdown Coverage (a.k.a. Boiler& Machinery) shall
be included as required by the Contract Documents or by law,which
shall specifically cover insured equipment during installation and
testing (including cold and hot testing).
g. The deductible shall not exceed $25,000 and shall be the
responsibility of the Contractor except for losses that involve all
Acts of God such as flood, earthquake, windstorm, tsunami,
volcano, etc.
7) Special Coverages (check as appropriate and insert amount):
a. 0 Performance Bond $23,895.00
i. ❑ Labor and Material $
ii. ❑ Payment Bond $
b. 0 Professional Errors and Omissions
c. 0 Aircraft Liability
d. ❑ Owner's Protective
e. ❑ Boiler and Machinery
f. 0 Loss of Use Insurance
g. 0 Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty(30)days prior written notice has been
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given to the County, except when cancellation is for non-payment of
premium, then ten (10) days prior notice may be given. Such notice shall
be sent directly to Pitkin County Procurement 123 Emma Rd., Suite #106,
Basalt, CO 81621. If the insurance carrier will not provide the required
notice,the Consultant/Contractor and or its insurance broker shall notify the
County of any cancellation, or reduction in coverage or limits of any
insurance within seven (7) days of receipt of insurers' notification to that
effect. Simultaneously with the Certificates of Insurance,the Contractor shall
file with the Project Lead a certified statement as to claims pending against
the required coverages, reserves established on account of such claims,
defense costs expended and amounts remaining on policy limits.
2) In addition,these Certificates of Insurance shall contain the following
clauses:
a. The Contractor's insurance shall be primary and non-contributory
with any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles or self-insured retentions in the above-
described insurance policies shall be assumed by and be for the
amount of, and at the sole expense of the Contractor.
d. Location of operations shall be: "all operations and locations at which
work for the referenced Project is being done."
3) Certificates of Insurance for all renewal policies shall be delivered to
the Procurement Depailiiient at procurement@pitkincounty.com, at least
fifteen (15) days prior to a policy's expiration date except for any policy
expiring on the expiration date of this Contract or thereafter.
4) The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this
Contract.
VIII. Exemptions and Preferences.
A. All purchases of construction or building or any other materials for any contract
shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and
84-78000-5K.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be
employed to perform the Project to the extent of not less than eighty percent(80%)
of each type or class of labor employed on such project; except for highway
construction,which is subject to C.R.S. §43-2-208,which provides that all laborers
shall be bona fide residents of Colorado with a preference to residents of the County
where the Project is performed.
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IX. Protection and Restoration of Property and Landscape; Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
1) The Contractor shall be responsible for the preservation of all public
and private property and shall carefully protect from disturbance or damage
all land and property, as well as any monuments and property marks until
the Project Lead has witnessed or otherwise referenced their location and
shall not remove them until directed.
2) The Contractor shall be responsible for all damage or injury to
property of any character, during the prosecution of the Project, resulting
from any act, omission, neglect, or misconduct in its manner or method of
executing the Project, or at any time due to defective Project work or
materials, and said responsibility shall not be released until the project shall
have been completed and accepted.
3) When or where any direct or indirect damage or injury is done to
public or private property by or on account of any act, omission,neglect, or
misconduct by the Contractor in the execution of the Project, or in
consequence of the non-execution thereof by the Contractor,it shall restore,
at its own expense, such property to a condition similar or equal to that
existing before such damage or injury was done, by repairing, rebuilding,
or otherwise restoring as may be directed, or it shall make good such
damage or injury in an acceptable manner.
4) Materials storage, equipment parking, vehicle parking and
stockpiling excavated materials shall be allowed only in those areas
designated by the Project Lead.
5) If the Contractor disturbs any of the landscape not called for
removal, it shall restore those areas as directed by the Project Lead at the
Contractor's expense.
B. Hazardous Materials
1) The County shall not be responsible for the cost of and the removal
or cleanup of Hazardous Materials found in any materials brought to the
Project site, after the Project site is turned over to the Contractor.
2) The Contractor shall provide the Project Lead with a written
certification each time materials or equipment is brought onto the Project
site that such materials or equipment do not contain Hazardous Materials.
X. County Work at the Project Site.
A. The County may perform other work related to the Project at the site by the
County's own forces, have other work performed by utility owners or let other
direct contracts therefor which shall contain terms similar to these. The Contractor
shall perform and coordinate its activities with other contractors to avoid conflict
and minimize disruptions.
B. The Contractor shall afford each utility owner and other contractor who is a party
to such a direct contract (or the County if the County is performing the additional
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work with the County's employees) proper and safe access to the site and a
reasonable opportunity for the introduction and storage of materials and equipment
and the execution of such work, and shall properly connect and coordinate the work
with theirs. The Contractor shall do all cutting, fitting and patching of the Project
that may be required to make its several parts come together properly and integrate
with such other work. The Contractor shall not endanger any work of others by
cutting, excavating or otherwise altering their work and will only cut or alter their
work with the written consent of Project Lead and the others whose work will be
affected. The duties and responsibilities of Contractor under this paragraph are for
the benefit of such utility owners and other contractors to the extent that there are
comparable provisions for the benefit of the Contractor in said direct contracts
between the County and such utility owners and other contractors.
C. If any part of the Contractor's Project depends for proper execution or results upon
the work of any such other contractor or utility owner (or the County), the
Contractor shall inspect and promptly report to the Project Lead in writing any
delays, defects or deficiencies in such work that render it unavailable or unsuitable
for such proper execution and results. The Contractor's failure to report such
conditions will constitute an acceptance of the other work as fit and proper for
integration with the Contractor's Project except for latent or non-apparent defects
and deficiencies in the other work.
XI. Changes in the Project and Use of Change Orders.
A. The County may, from time to time,request changes in the scope of services of the
Contractor to be performed hereunder.
1) The Project Lead shall issue a notice informing the Contractor of a
planned change in the Project and requesting the Contractor's detailed price
proposal and adjusted schedule of work. The Contractor shall submit a
priced proposal for performing the proposed change in the Project within
five (5) days of notice or such other time acceptable to both parties. When
the Contractor and the County reach agreement on the adjustments to the
Contract price and/or Contract time, and changes in the Project, such
adjustments shall be promptly recorded in an executed Change Order.
B. All Contractor initiated change requests shall be submitted to the County and the
Project Lead in a letter or written notice with the reference notation "Contractor
Change Request". If the Contractor: (i) receives any oral or written instructions,
directives or interpretations of Contract Documents, or determinations from the
Project Lead or, (ii) identifies what it believes are design errors or omissions in the
Contract Drawings or Specifications, or (iii) encounters a differing site condition;
or, (iv)is delayed in the progress of the Project; or, (v)becomes aware of any other
matter or circumstance which it believes would require a change in the Contract
Price or Contract Time, the Contractor shall give the Project Lead prompt written
notice of such matters.
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1) All Contractor change requests shall be dated, numbered
sequentially, and shall describe the action or event which the Contractor
believes may require an extension in time,price or other modification. The
Contractor shall also provide descriptions of possible Contractor actions or
solutions to minimize the cost of the Contractor change request and,provide
an estimate of the adjustment in the Contract Price and/or Contract Time,
which it believes is appropriate.
2) Contractor Time Requirements
a. With respect to orders, instructions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this
Contract, a Contractor change request shall be submitted before the
Contractor acts on them, but in no event more than ten (10)
consecutive calendar days after they were received or discovered.
b. With respect to any differing site conditions, a Contractor change
request shall be submitted before the conditions are disturbed,but in
no event more than ten (10) consecutive calendar days after the
conditions are first discovered.
c. With respect to delays, a Contractor change request shall be
submitted as soon as the Contractor has knowledge of the delay,but
in no event more than ten(10) consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the Contractor
believes would require a change, including delays, a Contractor
change request shall be submitted as soon as the Contractor has
knowledge of the matter or circumstance,but in no event more than
ten (10) consecutive calendar days after the Contractor becomes
aware of such circumstance or matter.
3) Submittal Requirements and Waiver of Claims
a. If the Contractor does not submit a Contractor change request within
the time required above, any action by the Contractor related to such
order, direction, instruction, interpretation, determination, design
error or omission, or other matter, including delays or differing site
conditions, will not be considered by the County as a change to the
Project and the Contractor waives any claim for an adjustment on
the Contract Price or the Contract Time.
b. The Contractor shall, at the time a Contractor change request is
submitted provide the Project Lead with a complete and itemized
proposal of Contract price and time adjustments. The proposal shall
also contain a detailed explanation, citing all applicable provisions
in this Contract, which supports the Contractor change request. If
the Contractor does not submit its itemized proposal within the time
described above or within such extension, which the Project Lead,
in his/her discretion may have granted in writing, it waives any
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claim for an adjustment in the Contract price or Contract time arising
out of the act or event described in the Contract change request.
c. If a Contractor change request is denied by the Project Lead, in
whole or in part, any claim for an increase in the Contract price or
Contract time arising out of the act or event described in the
Contractor change request is waived unless the Contractor timely
complied with the provisions of paragraphs 2(a-d) of this Section.
XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of
Defective Project Work
A. Warranty.
1) The Contractor warrants and guarantees to the County that all Project
work, whether supplied, furnished, installed, provided, or performed by
Contractor, a subcontractor, or supplier, will be in accordance with this
Contract and will not be defective and that all Project work shall be performed
in a skillful and workmanlike manner. Additionally, the Contractor shall
warrant that all equipment which is incorporated into the Project or any
subsystem shall be new, free from liens and defects in design,have clear title,
be free from faulty materials and workmanship, and shall conform in all
aspects to the terms of this Contract, to the drawings issued for manufacture
by the Contractor, and shall be in conformance with the those technical
specifications provided in Section II (Scope of Work) of this Contract and
Contractor's Proposal. Except where longer periods of warranty are indicated
for certain items, Contractor warrants Project work, whether furnished,
installed, provided, performed or supplied by Contractor, a subcontractor or
supplier,to be free from faulty materials and workmanship and that each piece
of equipment or any part thereof incorporated into the Project or any
subsystem shall conform to the aforementioned warranty and guarantee
provisions and be free from failure for a period of not less than one (1) year
from date of Final Payment. Landscaping replacement shall be warranted for
two (2)growing seasons.
2) With respect to all warranties, express or implied, from
subcontractors, manufacturers, or suppliers for Project work performed and
materials furnished under the Contract,the Contractor shall:
a. Obtain all warranties that would be given in normal commercial
practice. To the extent that the subcontractor's, manufacturer's, or
supplier's, standard warranty exceeds the minimum County
requirements as set forth in this Section or elsewhere in this Contract,
the subcontractor's, manufacturer's, or supplier's standard warranty
shall apply.
b. Require all warranties to be executed,in writing, for the benefit of the
County, if directed by the Project Lead; or
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c. Enforce all warranties for the benefit of the County, if directed by the
Project Lead.
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
B. Access to Project. The Project Lead and the Project Lead's representatives,
other representatives of the County, testing agencies and governmental agencies
with jurisdictional interests shall have access to the Project, at any time for their
observation, inspecting and testing. Contractor shall provide proper and safe
conditions for such access.
C. Tests and Inspections.
1) The Contractor shall cooperate with material testing persons and
firms, and for required inspections, and compliance and approval tests for the
work performed by the Contractor or its subcontractor.
2) If any laws, ordinances,rules,regulations, code or order of any public
body having jurisdiction requires any Project work (or part thereof) to
specifically be inspected,tested or approved,the Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish the
Project Lead the required certificates of inspection, testing or approval. The
Contractor shall also be responsible for and shall pay all costs in connection
with any inspection or re-testing required in connection with the County's or
the Project Lead's acceptance of a supplier of materials or equipment proposed
to be incorporated in the Project, or of materials or equipment submitted for
approval prior to the Contractor's purchase thereof for incorporation in the
Project.The cost of all inspections,testing,re-testing and approvals in addition
to the above which are required by this Contract shall be paid by the Contractor
(unless otherwise specified). The County will conduct and pay for the
conformance tests on materials installed in-place,and the Contractor shall pay
for re-testing of all failing and non-conforming materials thereafter.
3) All inspections, tests or approvals other than those required by laws,
ordinances, rule, regulations, code, or order of any public body having
jurisdiction shall be performed by organizations acceptable to the Project
Lead.
4) If any Project work (including the work of others) that is to be
inspected, tested or approved is covered without written concurrence of the
Project Lead, it must be uncovered for observation. Such uncovering and
testing when required by the Project Lead shall be at the Contractor's expense.
5) Neither observations by the Project Lead nor inspections, tests or
approvals by others shall relieve the Contractor from the Contractor's
obligations to perform the Project in accordance with this Contract.
D. Correction or Removal of Defective Work. If required by the Project Lead or the
County,the Contractor shall promptly, as directed,either correct all defective Project
work, whether or not fabricated, installed or completed, or, if the Project work has
been rejected by the Project Lead or the County,remove it from the site and replace it
with non-defective Project work. The Contractor shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to fees
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and charges of engineers, architects, attorneys and other professionals) made
necessary thereby.
E. Correction Period. If within two (2)years after the date of Final Payment or such
longer period of time as may be prescribed by laws or by the terms of any applicable
special guarantee required by the Contract Documents or by any specific provision of
the Contract Documents, any Project work is found to be defective, the Contractor
shall promptly without cost to County and in accordance with County's written
instructions, either correct such defective Project work, or, if it has been rejected by
County,remove it from the site and replace it with non-defective Project work. If the
Contractor does not promptly (within seven (7) days from receipt) comply with the
terms of such instructions, or in an emergency where delay would cause serious risk
of loss or damage, the County may have the defective Project work corrected or the
rejected Project work removed and replaced,and all direct,indirect and consequential
costs of such removal and replacement(including but not limited to fees and charges
of engineers, architects, attorneys and other professionals) will be paid by the
Contractor. Contractor shall also pay for any damage to other Project work, other
property, or person,which occurred as a result of the defective Project work.
F. County May Correct Defective Work. If the Contractor fails within ten (10)
consecutive calendar days after written notice of the Project Lead or the County to
proceed to correct and to correct defective Project work or to remove and replace
rejected Project work as required by the Project Lead or the County in accordance
with paragraph D of this Section,or if the Contractor fails to perform the Project work
in accordance with the Contract Documents, or if the Contractor fails to comply with
any other provision of the Contract Documents,the County may, after seven(7)days'
written notice to the Contractor, correct and remedy any such deficiency. In
exercising the rights and remedies under this paragraph the County shall proceed
expeditiously to the extent necessary to complete corrective and remedial action. The
County may exclude the Contractor from all or part of the site,take possession of all
or part of the Project, and suspend the Contractor's services related thereto, take
possession of the Contractor's tools, appliances, construction equipment and
machinery at the site and incorporate in the Project all materials and equipment stored
at the site or for which the County has paid the Contractor but which are stored
elsewhere. The Contractor shall allow the County, the County's representatives,
agents and employees such access to the site as may be necessary to enable the County
to exercise the rights and remedies under this paragraph. All direct, indirect and
consequential costs of the County in exercising such rights and remedies will be
charged against the Contractor, and a Change Order will be issued by the County
incorporating the necessary revisions in the Contract price. Such direct, indirect and
consequential costs will include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of the Contractor's defective Project work. The Contractor shall not be
allowed an extension of the Contract time because of any delay in performance of the
Project work attributable to the exercise by the County of the County's rights and
remedies hereunder.
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XIII. Liquidated Damages. It is the County's intent to complete this project no later than July
12, 2018. Liquidated damages of Five-Hundred dollars and Zero cents ($500.00) per
calendar day shall be paid if project is not completed by that deadline.
A. Time for Completion. It is hereby understood and mutually agreed, by and between
the Contractor and the County, that the date of beginning Project work and the time
of completion as specified herein are essential conditions of the Contract. The
Contractor agrees that said Project shall be prosecuted regularly, diligently, and at
such rate of progress as will ensure completion within the time(s) specified. It is
expressly understood and agreed,by and between the Contractor and the County,that
the time(s) for completion of the Project described herein are reasonable time(s) for
the completion of the Project, taking into consideration the average climatic
conditions prevailing in the locality of the Project.
B. Time is of the Essence to the Contract. It is further agreed that time is of the
essence in completing the Project, and that the Project Work Schedule and all dates
set forth therein and where in this Contract, an additional time is allowed for the
completion of the Project, the new time limit fixed by such extension shall be of the
essence of the Contract.
C. Liquidated Damages. Completion of the Project is of paramount importance to the
County. If any portion of the Project is not completed in accordance with any time
extensions granted by the County,the County will suffer damage,the extent of which
will be impractical and extremely difficult to estimate accurately. Therefore, as part
of the consideration for executing the Contract,it is hereby agreed that the Contractor
shall pay to the County the liquidated damage amounts specified in the Contract. This
particular provision shall not be construed as a penalty upon said Contractor for failing
fully to complete said Project as agreed in the Proposal and this Contract nor is it
intended,but as Liquidated Damages to compensate the County for all costs incurred
as a result of such breach of Contract.
D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays", as contained in paragraph E of this Section, the Contractor
expressly agrees to pay the County as a reasonable estimate of just compensation for
damages contemplated with the clause,the amount set forth as liquidated damages for
each consecutive calendar day that completion is delayed in the construction of the
Project.
E. Excusable Delays -Force Majeure. If, by reason of Force Majeure, any party
hereto shall be rendered unable wholly or in part to carry out its obligations under this
Contract then such party shall give notice and full particulars of such Force Majeure
in writing to the other party within a reasonable time after occurrence of the event or
cause relied upon, and the obligation of the party giving such notice, so far as it is
affected by such Force Majeure, shall be suspended during the continuance of the
liability then claimed, but for no longer period, and any such party shall remove or
overcome such inability with all reasonable dispatch. The term Force Majeure as
employed herein, shall mean acts of God, strikes, lockouts, or other industrial
disturbances, acts of public enemy, orders of any kind of the Government of the
United States or the State of Colorado or any political subdivision,except the County,
or any civil or military authority, insurrection, riots, epidemics, landslides, lightning,
earthquakes, fires,hurricanes, storms, floods,washouts, droughts, arrests,restraint of
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government and people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines, or canals, or other causes not reasonably within the control of
the party claiming such inability. It is understood and agreed that the settlement of
strikes and lockouts shall be entirely within the discretion of the party having the
difficulty, and that the above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the opposing party or parties when such settlement is
unfavorable to it in the judgment of the party having the difficulty.
F. Cumulative Remedy. The liquidated damages referred to herein are intended to be
and are cumulative and shall be in addition to every other remedy now or hereafter
enforceable at law, in equity,by statute, or under Contract.
XIV. Termination of Contract
A. The County may terminate this Contract upon the occurrence of any one or more of
the following events:
1) If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code(Title II,United States Code), as now or hereafter in effect,
or if Contractor takes any equivalent or similar action by filing a petition or
otherwise under any other federal or state law in effect at such time relating to
the bankruptcy or insolvency;
2) If a petition is filed against Contractor under any chapter of the
Bankruptcy Code as now or hereafter in effect at the time of filing, or if a
petition is filed seeking any such equivalent or similar relief against Contractor
under any other federal or state law in effect at the time relating to bankruptcy
or insolvency;
3) If the Contractor makes a general assignment for the benefit of
creditors;
4) If a trustee, receiver, custodian or agent of Contractor is appointed
under applicable law or under Contract, whose appointment or authority to
take charge of property of Contractor is for the purpose of enforcing a Lien
against such property or for the purpose of general administration of such
property for the benefit of Contractor's creditors;
5) If the Contractor persistently fails to perform the Project in accordance
with this Contract including but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or failure to adhere to the
work schedule established in this Contract;
6) If the Contractor disregards laws, ordinances, rules, regulations, or
orders of any public body having jurisdiction.
B. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the
Contractor of such termination and specifying the effective date thereof. Such
notice shall be given at least ten (10) days before the effective date of such
termination. In such event all finished or unfinished documents, data, studies and
reports prepared by the Contractor pursuant to this Contract shall become the
County's property. Contractor shall be entitled to receive compensation in
accordance with the Contract for any satisfactory Project work completed pursuant
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to the terms of this Contract prior to the date of termination. Notwithstanding the
above, Contractor shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the Contract by the Contractor.
XV. Independent Contract Status.
A. The parties to this Contract intend that the relationship between them contemplated
by the Contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this Contract. Contractor may choose to work for other individuals or entities
during the term of this Contract, provided that the basic services and deliverable
products required under this Contract are submitted in the manner and on the
schedule defined under this Contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations
under this Contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state,FICA and other income
taxes.
F. The Contractor shall be required to complete and submit to the County, a Form W-9
Taxpayer Identification Number Request.
XVI. Computation of Time.
A. When any period of time is referred to in this Contract by days,it will be computed to
exclude the first and include the last day of such period. If the last day of any such
period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted
from the computation.
B. All times stated in this Contract are of the essence.
XVII. Records and Cost Pricing Data.
A. The Contractor shall maintain in a safe place at the site one record copy of all
Drawings, Specifications,Addenda,Written Amendments, Change Orders,Project
Directive Changes, Field Orders and written interpretations and clarifications in
good order and annotated and updated weekly to show all changes made during
construction. These record documents together with all approved samples will be
available to the Project Lead for reference. Upon completion of the Project, these
record documents and samples will be delivered to the Project Lead for the County.
B. The Contractor shall maintain all data and records pertinent to the Project performed
under this Contract,in accordance with generally accepted accounting principles,and
shall preserve and make available all data and records until the expiration of three (3)
years from the date of final payment under this Contract, or for such longer period, if
any, as is required by applicable statute or by other articles of this Contract. The
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County shall have access to all such data and records for such time period to inspect,
audit and make copies thereof during normal business hours. The Contractor
covenants and agrees that it shall require that any subcontractor utilized in the
performance of this Contract permit the authorized representatives of the County to
similarly inspect and audit all data and records of said subcontractors relating to the
performance of said subcontractors under this Contract for the same time period.
C. If this Contract is completely or partially terminated,the records relating to the Project
terminated shall be made available for three (3) years after any resulting final
termination payment.
D. Records pertaining to appeals or to litigation or the settlement of claims arising under
or relating to the performance of this Contract shall be made available until disposition
of such appeals, litigation, or claims.
XVIII. Miscellaneous.
A. Any use of subcontractors by the Contractor for performance of this Contract must
be accepted in writing by the County.
B. Severability. If any term, section, or other provision of this Contract shall, for any
reason,be held to be invalid or unenforceable, the invalidity or unenforceability of
such term, section, or other provision shall not affect any of the remaining
provisions of this Contract, and to this end, each term, section and provision of this
Contract shall be severable.
C. Integration and Modification. This Contract represents the entire and integrated
Contract between the County and the Contractor and supersedes all prior negotiations,
representations, or contract, either written or oral. This Contract may be amended
only by written Contract signed by both the County and the Contractor.
D. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue
is agreed to be exclusively in the courts of Pitkin County, Colorado.
E. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its
costs and reasonable attorney's fees.
F. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive the monetary limitations or terms or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity
Act, C.R.S., § 24-10-101, et seq., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further,
nothing in this Contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any
property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
G. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute
only currently budgeted expenditures of Pitkin County. Pitkin County's obligations
under this Contract are subject to Pitkin County's annual right to budget and
appropriate the sums necessary to provide the services set forth herein. No
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provisions of the Contract shall constitute a mandatory charge or requirement in
any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
H. Notice. Any notice required or permitted under this Contract shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below
and by one of the following methods 1) hand-delivery or 2) registered or certified
mail,postage pre-paid to the mailing addresses set forth below.Each party by notice
sent under this paragraph may change the address to which future notices should be
sent. Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall
be construed to preclude personal service of any notice in the manner prescribed
for personal service of a summons or other legal process.
To Pitkin County: with copies to:
Ted O'Brien Pitkin County Attorney's Office
806 West Hallam Street 123 Emma Rd., Suite#204
Aspen, CO 81611 Basalt, Colorado 81621
Email: Ted.Obrien@PitkinCounty.com Email: Attorney@pitkincounty.com
To Contractor:
Aspen Digger, Inc.
0075 Sopris Avenue
Carbondale, CO 81623
Phone: (970) 963-2157
Email: Franz@AspenDigger.com
I. Waiver. No waiver by either party of any right, term or condition of this
Contract shall be deemed or construed as a waiver of any other right, term or
condition,nor shall a waiver of any breach hereof be deemed to constitute a waiver
of any subsequent breach, whether of the same or of a different provision of this
Contract.
XIX. Contractor's Representations.
A. In order to induce County to enter into this Contract, Contractor makes the
following representations:
1) Contractor has familiarized himself with the nature and extent of this
Contract, Project, locality, and with all local conditions and federal, state,
and local laws, ordinances, rules and regulations that in any manner may
affect cost, progress, or performance of Project.
2) Contractor has carefully studied the site and has performed all
necessary investigations, tests, and subsurface investigations to define the
latent physical conditions of the construction site affecting cost, progress,
or performance of Project.
3) Contractor has made or caused to be made examinations,
investigations, and tests and studies of such reports and related data as it
deems necessary for the performance of Project at the Contract price,within
the Contract time, and in accordance with the other terms and conditions of
23
Contract# 135.2018 Rev.2018-03-01 btf
Budget Line Item# 118.56.02264.82986
this Contract; and no additional examinations, investigations,tests, reports,
or similar data are or will be required by Contractor for such purposes.
4) Contractor has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of this Contract.
5) Contractor has given Project Lead written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the
written resolution thereof by Project Lead is acceptable to Contractor.
6) By executing this Contract, the Contractor represents that it has
visited the site, familiarized itself with the local conditions under which the
Project work is to be performed(including weather conditions which can be
expected), and correlated its observations with the requirements of this
Contract.
7) The undersigned representative of Contractor represents that it is an
authorized representative of Contractor for the purposes of executing this
Contract and that it has full and complete authority to enter into this
Contract on behalf of Contractor.
XX. Counterparts. This Contract may be executed in multiple counterparts,each of which shall
constitute an original,but all of which shall constitute one and the same document.
XXI. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and C.R.S.
§§ 24-76.5-101, et seq., as amended:
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this Contract and will confirm
the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Contract, through participation in the E-Verify
Program established under Pub. L. 104-208 or the State verification program established
pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract
with an illegal alien to perform work under this Contract or enter into a contract with a
Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract. Contractor(i)
shall not use E-Verify Program or State program procedures to undertake pre-employment
screening of job applicants while this Contract is being performed, (ii) shall notify the
Subcontractor and the contracting State agency within 3 days if Contractor has actual
knowledge that a Subcontractor is employing or contracting with an illegal alien for work
under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice, and
(iv) shall comply with reasonable requests made in the course of an investigation,
24
Contract# 135.2018 Rev.2018-03-01 btf
Budget Line Item# 118.56.02264.82986
undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and
Employment. If Contractor participates in the State program, Contractor shall deliver to
the contracting State agency, Institution of Higher Education or political subdivision, a
written,notarized affirmation,affirming that Contractor has examined the legal work status
of such employee,and shall comply with all of the other requirements of the State program.
If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et
seq., C.R.S., the contracting State agency, institution of higher education or political
subdivision may terminate this Contract for breach and, if so terminated, Contractor shall
be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS.§§24-76.5-101,et seq.,C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United
States pursuant to federal law, (ii) shall comply with the provisions of§§24-76.5-101 et
seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103,
C.R.S. prior to the Effective Date of this Contract.
25
Contract# 135.2018 Rev.2018-03-01 btf
Budget Line Item# 118.56.02264.82986
IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein
above.
ASPEN DIGGER, Inc.
rr J') slalnt Jun-08-2018
Franz Stone Date
President
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
Jun-11-2018
Ted O'Brien Date
Resource and Trails Manager
SECTION APPROVAL:
Gan MAJALt&ifatum Jun-18-2018
Gary Tennenbaum Date
Pitkin County Open Space and Trails Director
26
414 piGG0A. .
eA
gm•-= vv
0075 Sopris Avenue
Carbondale, CO 81623
www.aspendigger.com
Ph: (970) 963-2157
Fx: (970) 704-9633
RFP 135.2018: MATHER HOUSE NEW SEPTIC AND WELL LINE INSTALLATION
Respectfully Submitted By: Franz T. Stone, V, President
Cell: (970) 379-4829
franz@aspendigger.com
CONTRACTOR INFORMATION
GENERAL INFORMATION:
The Aspen Digger, Incorporated (1976)
0075 Sopris Avenue
Carbondale, Colorado 81623
Phone: (970) 963-2157
Fax: (970) 704-9633
OFFICE PERSONNEL:
Franz T. Stone, V, President, (970) 379-4829, franz@aspendigger.com
Maigin Stone, Secretary-Treasurer, (970) 618-3583,maigin@aspendigger.com
Chuck Leavitt, Estimator, (970) 379-8500, chuck@aspendigger.com
Linda Corcoran, Accountant, (970) 379-4168, linda@aspendigger.com
Shaun Rourke, Project Manager, (970) 379-3016, shaun@aspendigger.com
FIELD OPERATIONS:
Jeff Mosbarger, Project Manager, (970) 319-6319,jeff@aspendigger.com
Derek McNeil, Project Manager, (970) 309-7737, derek@aspendigger.com
Oscar Gaytan, Operator, (970) 404-0739, oscar@aspendigger.com
Libni Vega Madrid, Operator, (303) 887-2613, libni@aspendigger.com
TRUCKING:
Valente Perez, Truck Driver, (970) 930-5664
John Encell,Truck Driver, (970) 366-0543
Tim Ferguson, Truck Driver, (970) 533-7575
RFP 135.2018
Mather House New Septic and Well Line Installation Services
1. Approach to Project 15%
A. The Project:
See Attached Project Approach
B. The Project Schedule:
See Attached Project Schedule
C. The Personnel assignments, including:
i. Statement of the qualifications and experience of personnel
See Attached Qualification Statement and Resumes
ii. Time estimates of personnel assigned to the Project
iii. Any other pertinent facts
2. List of Similar Work 25%
See Attached Work Summary
3. Availability 25%
Aspen Digger is available immediately to meet Anticipated Contract Start Date of May
21, 2018 and to complete the Project within the time indicated on the proposed schedule.
4. Estimated Cost of Services, including Reimbursable Expenses 25%
See Attached Proposal Form
A. The Proposer shall list all costs assumed necessary to provide a completed product,
including
i. Labor Expenses
ii. Reimbursable Expenses
iii. Miscellaneous Expenses
B. The Proposer shall provide a list of standard pickup rates and other necessary rates to
complete the Project
See Attached 2018 Rate Sheet
5. References 10%
See Attached References and Reference Letters
A. The Project:
Excavate and install water service. 450LF
Strip top soil to one side of trench with excavator. Excavate at well head to expose
pitless adapter. Connect 1"pure core. Trench 450LF from well head to Mather house
using an excavator. Stock pile spoil on opposite side of trench from top soil. Run new
water line under existing house. A plumber will be needed to connect inside house.
Bed pipe with 3/"road base, and backfill using onsite material, compact trench with a
vibratory plate compactor. Export oversized material and replace existing top soil
with a back hoe. Rake in native seed mix and cover with certified straw and water.
Excavate new septic system.
Remove top soil in disturbed areas and stock pile out of the way. Excavate and
expose existing sewer service to set elevation of pipe and tank. Trench and install
approximately 130LF 4" SDR-26 PVC sewer pipe and two clean outs from house to
proposed septic tank site. Install 2"PVC electric conduit from tank to house to supply
power to dosing pump. An electrician will be needed to connect a power source.
Excavate and set new 1250 gal. two compartment concrete septic tank with a truck
mounted knuckle boom. Connect 4" gravity sewer pipe from house, install pump and
pump vault, set floats for 80 gal. dosing capacity, install tank risers and 1.5" schedule
40 PVC forced effluent line from tank riser.
Excavate and install 1.5" forced effluent line to the automatic distribution valve.
Excavate and install ADV on bed of screened rock and install insulated riser for
ADV. Continue trenching and installing 3 laterals from ADV to proposed absorption
fields. Backfill 1.5"laterals, ADV, and 1.5" forced pipe.
Begin mounding onsite fill at three proposed absorption mounds to contain sand and
gravel. Import and place C-33 concrete sand 2' deep in each mound and lightly
compact. Import and place 6"of 3/"washed rock on top of sand in each bed. Pre-drill
5/32"holes on 3' centers. Build and install inspection tubes on all four corners of
each mound. Build and install manifold, perforated pipe and flushing valves and
valve boxes. Cover manifold and perforated pipe with another 6"of 3/"washed rock.
Place Mirafi 140-N filter fabric over washed rock. Shape mounds to drain and create
a 3:1 slope on all four sides of each mound. Cover mounds and disturbed areas with
onsite top soil. Rake in native grass seed into top soil, cover with certified straw and
water.
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1. Firm Name, Business Address, Contact Person 6 Telephone Number: 2. Year Present Firm 3. Date This Form
-Ti If- 'i cab f,n, /NC_ Established: Prepared:
Car} 6N> LO,GO �S I,(,2� 4. Type of Ownership: l Business '5
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b) M,AI(1IN STD NE, SicRETAAY--Tiz tsu 070) 61 S-35F3
6. Project Examples, Last 5 Years:
Project Name, Location 6 Brief Description: Owner's Name, Address 6 Telephone: Coat of Work Date
(X $1,000) Completed
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7. Bank Refernces, Contact Person, Telephone Number:
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b)COMNAWl./IT/ DftiliKS OF Cot.O roo - LIsA $U&AiE( (1 o) 7i --0'¢d4
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8. Trade References (material suppliers, subcontractors, etc.), Contact Person and Telephone Number:
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9. Name of Bonding Company and Insurance Company, Agent's Name. Describe current liability insurance coverage:
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I hereby certi the ve Qualification. Statement is accurate and true. I hereby authorize the City of Aspen to contact any and all
of the persons isr ov- to obtain further information regarding the qualifications of my firm.
Ul#�1b1�1 S�Nc 5E ;fY-ISuZ
Signature Title
Q51-971.doc *Q51
WORK SUMMARY
(Please see the Project Descriptions that follow)
ASPEN ANIMAL SHELTER UTILITY EXTENSIONS
Aspen,Colorado $128,842.00
Contact:Jody Smith Completed 2001
Pitkin County Public Works
Ph: (970)920-5390
ASPEN CONSOLIDATED SANITATION DISTRICT EMPLOYEE HOUSING UNITS
565 North Mill Street $561,849.33
Aspen,Colorado 81611/Fenton Construction Two Contracts-Completed 11/07
Contact:Tom Bracewell/Chad Griller
Ph: (970)925-3601 /(970)704-2620
STAGE 3 MOVIE THEATRE AND REDEVELOPMENT OF 625 E.MAIN STREET
Aspen,Colorado 81611 $704,827.99
Contact: Lance Couch/John Olson Two Contracts-Completed 7/08
MJ Harris,Inc/John Olson Builders
Ph: (205)380-6800/923-4233
FOX CROSSING UTILITIES AND INFRASTRUCTURE
Aspen,Colorado $379,924.94
Contact:Pat Costello/Eric Rewinkel Two Contracts—Completed 2/08
RJW Builders/Blue River Construction
Ph: (970)379-3749/(970)704-1963
ELK MOUNTAIN LODGE
10080 Castle Creek Road $2,327,706.11
Aspen,Colorado 81611 Completed 7/08
Contact:Peter Louthis
Avalanche Construction Management
Ph: (970)925-2297
PACIFIC AVENUE EMPLOYEE HOUSING UNITS
Aspen,Colorado $593,393.00
Contact:Ben Ludlow Completed 2/09
Fenton Construction
Ph: (970)274-2612
LA COCINA DEMOLITION AND REDEVELOPMENT
308 East Hopkins Avenue $517,596.50
Aspen,Colorado 81611 Completed 10/09
Contact:Greg Wesley
John Olson Builders,Inc.
Ph: (970)319-5544
1001 UTE AVENUE SUBDIVISION
Aspen,Colorado $1,852,817.78
Contact:Robert Faessler Darryl Mackie Two Contracts—Completed 1/10
Providence Builders of Aspen/Ute Building Systems
Ph: (303)994-8972/(970)925-7053
BURLINGAME RANCH IRRIGATION DITCH & STORMWATER DRAINAGE SYSTEM
EXTENSION
Harmony Park/Burlingame Ranch $139,952.87
Aspen,Colorado Currently In Progress
Contact:Tyler Christoff
City of Aspen
Ph: (970)544-3143
JENNIE ADAIR WATER SUPPLY PROJECT
Aspen,Colorado $203,026.20
Contact:Tyler Christoff Completed 2010
City of Aspen
Ph: (970)544-3143
PROJECT DESCRIPTIONS:
ASPEN ANIMAL SHELTER UTILITY EXTENSIONS
Aspen, Colorado 81611
Contact: Jody Smith
Pitkin County Public Works
Ph: (970) 920-5390
Aspen Digger installed 800 LF of 8"D.I.P. water main,two (2)fire hydrants,4"poly gas
main, 3-Phase power with vaults and transformers,phone and TV trunk lines and asphalt
replacement.
ASPEN CONSOLIDATED SANITATION DISTRICT EMPLOYEE HOUSING
UNITS
565 North Mill Street
Aspen, Colorado 81611
Contact: Tom Bracewell
Ph: (970) 925-3601
Project included three new four-plex employee housing units where de-watering and
over-excavation was necessary due to high ground water and flood plain.
Aspen Digger excavated, de-watered and installed 8"D.I.P. (Ductile Iron Pipe)water
main with services and fire hydrants, 8" Sanitary Sewer main with services, gas main
with services and primary power including transformers and pull vaults. Prepping for
curb and gutter and parking lot paving was also included. In order to complete the job,
Aspen Digger installed new 15" storm sewer with inlet structures, settling pond and
settling pond overflow structure to the Roaring Fork River. Environmental concerns were
a high priority.
STAGE 3 MOVIE THEATRE AND REDEVELOPMENT OF 625 E.MAIN
STREET
Aspen, Colorado 81611
Contact: Lance Couch
MJ Harris, Inc
Ph: (205) 380-6800
Project consisted of demolition of the existing Stage 3 Movie Theatre and excavation and
soil stabilization from property line to property line for a 22' foot deep foundation.
Aspen Digger installed an under slab drainage system which consisted of two (2) 2000
gallon concrete tanks,pump vaults and all related plumbing, installed all utilities
including a new 4"D.I.P. water service, storm sewer tie in from the under slab drainage
system,power transformer and upgraded gas,phone and TV services.
FOX CROSSING
Aspen, Colorado
Contact: Pat Costello
RJW Builders
Ph: (970) 379-3749
Aspen Digger installed 500 LF of 18"RCP storm sewer, inlet structures and overflow to
storm sewer.
ELK MOUNTAIN LODGE CONVERSION TO SINGLE-FAMILY RESIDENCE
10080 Castle Creek Road
Aspen, Colorado 81611
Contact: Peter Louthis
Avalanche Construction Management -
Ph: (970)925-2297
Project consisted of converting a large banquet lodge into a single-family residence
including demolition of existing structures,new utilities including a new infiltration
gallery installed in the wetlands, digging and lining ponds and new roadways.
Aspen Digger worked in the wetlands installing new ponds with dry hydrants,
recirculation lines,pond liners,bridges,removed and replaced wetland sod, installed new
6" C-900 water main with services, 20,000 gallon propane farm with main lines running
to all buildings, fiber optic lines, sewer main and services to Advantex filtration pods and
then to leach fields,two (2)20,000 gal Containment Solutions fiberglass water tanks to
supply water treatment plant,new roads and preparation for paving. Site work consisted
of cut and fill of over 100,000 cubic yards of dirt. All bedding material for the utilities
was processed and screened on-site to help the environment and reduce purchasing and
trucking costs. Five new foundations were installed and landscaped with site walls made
of concrete or dry stack boulders. Only one year of working time was given to meet the
project completion deadline of Christmas 2008.Work completed on time and within
budget.
PACIFIC AVENUE EMPLOYEE HOUSING UNITS
Aspen, Colorado
Contact: Ben Ludlow
Fenton Construction
Ph: (970)274-2612
Project consisted of excavation and soil retention for three (3)new four-plex structures
for employee housing including an employee parking lot.
Aspen Digger excavated and installed three(3)foundations and installed new water
main, sewer services, storm sewer,power transformers,phone and TV pedestals, final
grading for drainage and installation of new drywells,preparation for curb and gutter and
paving for parking lot.
1001 UTE AVENUE SUBDIVISION
Aspen, Colorado
Contact: Robert Faessler
Providence Builders of Aspen
Ph: (303) 994-8972
Project consists of construction of two (2)25,000 sq. ft.homes and one(1) Category 4
Residence including excavation of contaminated mine waste and soil stabilization for the
foundations including over-excavation and re-compaction.
Aspen Digger moved three(3) clay tennis courts, assisted in building block retaining
walls, installed 1000 LF of 6"yellow mine sewer, 2000 LF of copper water services and
excavated and installed 18"ADS storm sewer and catch basins. Aspen Digger also built
M.S.E. (Mechanically Stabilized Earth) avalanche walls above the job site. All clear and
grub material was processed and added to existing topsoil to reduce trucking and landfill
costs. All utility bedding material was screened on site to reduce purchasing and trucking
costs.
LA COCINA DEMOLITION AND REDEVELOPMENT
308 East Hopkins Avenue
Aspen, Colorado 81611
Contact: Greg Wesley
John Olson Builders, Inc.
Ph: (970) 319-5544
Project included demolition of existing structure and excavation and soil stabilization
from property line to property line for an 18' foot deep foundation.
Due to City of Aspen requirements, Aspen Digger was also contracted to install 300 LF
of 18"RCP storm sewer pipe down Hopkins Street which also consisted of installation of
new manholes and a new filter inlet structure(the first in Aspen). This work was
completed on time(3 weeks) and within budget. Aspen Digger installed other utilities
including a 4"D.I.P. water service, sewer, gas,power,phone and TV services. Aspen
Digger also excavated for a tower crane pad where excavators were craned in and out of
the foundation.
BURLINGAME RANCH IRRIGATION DITCH & STORMWATER DRAINAGE
SYSTEM EXTENSION
Harmony Park/Burlingame Ranch
Aspen, Colorado
Owner/Contractor:
City of Aspen
130 S. Galena St.
Aspen, Colorado
Contact: Tyler Christoff
Ph: (970) 544-3143
This project included three significant elements within the development of the Harmony
Park and the Burlingame Ranch; the irrigation ditch piping through the Burlingame
Ranch property; the continuation of the stormwater flows from the culvert under
Harmony Road to a discharge point along the eastern property of Burlingame Ranch; and
the continuation of a tap from the Reuse Water line to provide supplemental water to the
Burlingame Ranch irrigation system
Details of the project consisted of removal and disposal of an existing 18"DIA RCP pipe,
removal of existing 324 LF gravel path,removal and disposal of asphalt path,building a
431 LF drainage swale, excavate and install 270 LF of 24"DIA RCP, excavate and
install 147 LF of 30"RCP, construction a cast in place pond outlet structure, cast in place
outfall pipe cut off wall, cast in place storm line outlet structure, excavate and install
three (3) 5ft DIA manholes with paved inverts, installed energy dissipater per plans and
details, installed pond inlet sediment control channel (grass lined), excavated and
installed pond inlet pipe with standard trash rack, fabric lined riprap outfall structure,
installed 120 LF of 12"PVC class 200 pipe, installed irrigation vault with outlet screen,
one ADA compliant concrete crosswalk access pad, 246 LF of 4' high boulder wall, 184
LF of 4' wide crusher fines path, site cleanup and site restoration.
Landscaping, site restoration and erosion control consisted of installed 4000 sq. ft. of
erosion control blankets, 20 straw check dams, interim inlet sediment control, 1185 LF of
silt fence, and 40,000 sq. ft. of straw and site re-vegetation.
Change orders initiated by City of Aspen included removal and replacement of 18"RCP,
splitting rock in order for removal in front of 30" RCP, spreading topsoil and adding
topsoil for trail.
JENNIE ADAIR WATER SUPPLY PROJECT
Puppy Smith Street and Mill Street
Aspen, Colorado
Owner/Contractor:
City of Aspen
130 S. Galena St.
Aspen, Colorado
Contact: Tyler Christoff
Ph: (970) 544-3143
This project consists of the installation of approximately 600 lineal feet of 18 inch
diameter reinforced concrete storm sewer pipe that will tie into an existing inlet, trench
backfill and surface replacement across two very busy streets in Aspen.
Aspen Digger dealt with complications from the beginning when unidentified
underground utilities caused three re-designs of the project. Aspen Digger was able to
use their GPS bay station and rover to locate unidentified existing utilities and email the
points to the Engineer for re-design purposes. Aspen Digger was still able to complete
the job on schedule even with the re-designs and job delays.
•
RFP 135.2018 Rev.2017.12.27 btf
Budget Line Item#: 118.56.02264.82986
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PROPOSAL FORM
Proposal Time: 9:00 AM MT
Proposal Date: May 15,2018
From: ASP wv DI GGeR, (p c
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Phone (9 3-o) 96 3-216 1-
E-mail Address:--rahi.eASeenAi5cer.COM
To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Procurement
123 Emma Rd., Suite#106
Basalt,CO 81621
For: RFP 135.2018: Mather House New Septic and Well Line Installation
Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer
having examined this Request for Proposals (RFP), including the site of the proposed
Service and being familiar with conditions surrounding the Service of the proposed
Service, including the availability of materials and labor hereby proposed to furnish all
labor,materials, supplies,applicable permits, services and supervision required to perform
the Service as detailed in this RFP for the sum of:
$ '� 11I9DO
The Fee Schedule for this project and any similar work not included in the Scope of Work
is included.
Statement and Detailed Approach to ervice:
s � AT EO 9OTEr-T Pe—N
9
RFP 135.2018 Rev.2017.12.27 btf
Budget Line Item#: 118.56.02264.82986
Qualifications of Proposer:
Please insert names address, phone numbers and description of similar Service for
Reference Checks.
1. cS EV errlicHED twoek S umfrt A,e
3.
It is further understood that the right is reserved by the County to reject any and all
proposals and it is agreed that the proposals may not be withdrawn for a period of ten(10)
days from specified time for receiving proposals.
The Proposer acknowledges receipt of Addenda Nos.
The right is reserved to waive any informalities and to reject any Proposal.
(Type/Print name under all signatures)
`"�M`' Dated this 1-1114 day of MPc"( ,2018
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f_ (Corporate seal) PROPOSER: SP v
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SIGNATURES: the oposal 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.
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Equipment Charges
2018 Rates
Equipment Move In Fee(Local)$300.00 Per Piece of Equipment+Labor
236 Skid Loader $100.00/hr Jumping Jack Compactor $125.00 day
246 Ski Loader $100.00/hr Air Compressor $125.00 day
236 or 246 Skidloader w hammer $145.00/hr Plate Packer $220.00 day
299D2 $115.00/hr
299D2 w/box blade $125.00/hr Fans $50.00/day
305 or 305.5 Mini Excavator $110.00/hr Grizzly $500.00/day
305 Mini Excavator w/Hammer $145.00/hr Jack Hammer $75.00/day
302.7 Mini Excavator $100.00/hr Laser $75.00/day
308 Mini Excavator $125.00/hr Screen $150.00/day
314 Excavator $135.00/hr 4"Trash Pump $110.00/day
323 Excavator $150.00/hr GPS $200.00/hr RT Compactor $350.00/day
321 Excavator $145.00/hr Air Drill $50.00/day
315F Excavator$140.00/hr GPS $190.00/hr Thaw Machine $700.00/day
336 Excavator $200.00/hr Chain Saw $100.00/day
140M2 Motor Grader $145.00/hr Cut off Saw $75.00/day
420 Rubber Tired Backhoe $100.00/hr Trench Box $350.00+Delivery TBD
420 Backhoe w/Hammer $150.00/hr Demo Saw $75.00/day
908 Articulating Wheel Loader $115.00/hr Trimble Stake Out $75.00/hr
930 Loader $135.00/hr Locator $75.00/hr
950 Loader $150.00/hr Dump Truck $95.00/hr
D6K Dozer $140.00/hr Side Dump and Trailer $115.00/hr
730 Articulating Dump Truck $200.00/hr Low Boy w/tractor $120.00/hr
CP433 Pad Foot Compactor $90.00/hr 2000 Gallon Water Truck $90.00/hr
CS433 Smooth Drum Compactor $85.00/hr 4000 Gallon Water Truck $95.00/hr
Machine Standby Time $70.00/hr Project Manager $65.00/hr
Labor $45.00/hr Estimator $65.00/hr
Standby Labor $30.00/hr
Overtime Labor(after 8his Reg Labor)+$22.50/hr
Materials and Supplies Markup is 30%. Any equipment that is rented other than what is on this list will be analyzed on a case-by-case basis and
charged with appropriate markup.
RFP 135.2018
Email Clarification regarding proposal inclusion(s) with Aspen Digger, Inc.
Questions emailed to Franz Stone of Aspen Digger, Inc. by Ted O'Brien of Pitkin County OST
1. Question: Will Aspen Digger be performing the utility locates? —Ted O'Brien, May 16,
2018
Response: Aspen Digger will be hiring a private locator and calling UNCC to
locate the entire site for underground utilities before we excavate anything.
—Franz Stone, May 17, 2018
2. Question: Will Aspen Digger be obtaining the necessary permits for the project? —Ted
O'Brien, May 16, 2018
Response: Yes
—Franz Stone, May 17, 2018
3. Question: Will Aspen Digger be coordinating the final inspections for the project? —Ted
O'Brien, May 16, 2018
Response: Yes, we will meet and coordinate with Carla Ostberg from All Valley
Septic as well as Valley Precast to make sure the system works as designed.
—Franz Stone, May 17, 2018
4. Question: Is hooking up the existing well pump to the new waterline included in Aspen
Digger's lump sum bid price? —Ted O'Brien, May 16, 2018
Response: Yes, Aspen Digger will hook up the new waterline to the pitless
adapter on the existing well casing. Aspen Digger will not be supplying a new
well pump but Aspen Digger thinks it would be a good idea to install a new well
control line that is not included in our proposal.
—Franz Stone, May 17, 2018
5. Question: Is running the new waterline into the Mather house structure included in
Aspen Digger's lump sum bid price? —Ted O'Brien, May 16, 2018
Response: Aspen Digger will run the water line into the crawl space of the
Mather House. Pitkin County will need to supply a plumber for the interior tie in.
—Franz Stone, May 17, 2018
Suggestion from Aspen Digger,Inc.: As a side note, Pitkin County will also need to supply an
electrician to give a power source to Aspen Digger for the septic dosing pump. —Franz Stone,
May 17, 2018
Price quote (Attachment C) for a new well control line provided on June 4, 2018 at $4,971.00.
IGGFR Proposal
4r if
y :& Z 0075 Sopris Ave. DATE ESTIMATE#
Q _, .!�-p Carbondale,Co.81623
6/4/2018 2012317
NAME/ADDRESS
Ted O'Brien
Pitkin County Open Space&Trails
806 West Hallam Street
Aspen,CO 81611
TERMS JOB
Mather House
DESCRIPTION QTY U/M COST TOTAL
Install new well control line from Mather House to the well
head in same trench as new water line 450LF.
450LF 10-3 OF cable. 947.00 947.00
Electric Labor. 2 170.00 340.00
Electric supplies. 65.00 65.00
450LF 2"electric conduit. 544.00 544.00
Import 100 ton bedding material. 1,690.00 1,690.00
Truck Time 7 95.00 665.00
Labor Charges 16 45.00 720.00
SUBTOTAL 4,971.00
Total $4,971.00
All Payments are due 30 Days after Invoicing.Late Payments wil be assessed Finance
Charges at the rate of 1.5%per month.
Phone# Fax#
SIGNATURE
970-963-2157 970-704-9633