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HomeMy WebLinkAboutbocc.con.087.2006 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCmVING CONTRACT #: 87- ~ ~~ 6 Originating DepartmentJDivision: PW Transportation Contact Person: Bert Pearce Phone #: 5397 Project Name Twining Flats Road Paving Project D BOCC AGENDA ITEM (BOCC signature required) [gJSTAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 712005) Check procurement type: DNone DInformal [gJFormal DSole Source DEmergency DState Bid D Check Contract Tvpe: Dollar Amount: $55,300.00 Budget Line ItemlLedger Number 206.53.00140.82727 DEmployrnent (for county employees) DIntergovemmental Agreement (Requires BOCC Action) DNon-Profit DQuasi-Public DGrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment DServices/Maintenance DLicense/U se DLease [gJConstruction DGoods, Equipment, Supplies DOther (e.g. revenue) Contractor/Business (Complete Name):Elam Construction Inc. Contract Execution Date: May 3, 2006 Contract End Date: June 15,2006 Automatic Renewal (yDN[gJ) Term of Contract: 1 year(s) All Contracts should be proofed for the following: 0No Pages Missing Qrr a Page is Left Intentionally Blank -Note on Page 8]Page numbered consecutively @All Signatures Affixed gJAll Dates Filled In [;JAIl Other Blanks Filled In 0All Exhibits Attached 0All Legal Descriptions Attached (if appropriate) 0Notice of Award/Proceed Attached (if appropriate) filSpecial Instructions for Finance Department: General Improvement District [2]Sent to Clerk and Recorder for Scanning/Archiving [gJAuthorized Staff Person's Name: Bert L Pearce BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY . FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Amended 5-12-06 I NOTICE TO PROCEED DATE: May 25, 2006 TO: Elam Construction, Inc. P.O. Box 13 Woody Creek, CO FROM: Bert Pearce Procurement officer Pitkin County 76 Service Center Road Aspen CO 81611 You are hereby authorized to proceed on May 30, 2006 or within ten (10) consecutive calendar day thereafter, with the work covered by the Contract Documents titled: Pitkin County Twining Flats Road Paving Project for the sum of Fifty-Five thousand Three hundred dollars and no cents ($55,300.00). By: tf/~/~~0 Bert Pearce, Date Public Works Technician 7/- 0 ~ ~ .. i " ..~ (ti.1~' .II!t.' "f ,.,"',"",' NOTICE OF AWARD ProjectlPurchase Contract # 87-2006 Date: May 3, 2006 To: Elam Construction Inc. The Owner, having duly considered the Proposal submitted on April 24, 2006, for the work covered by the Contract Document titled Twining Flats Road Paving Project. in the amount of Fifty-Five thousand Three Hundred dollars and no cents ($55,300.00), and it. appearing that the Price and other information in your Proposal Form is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is 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 and including the date ofthis 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 Bud Eylar, Pitkin County Transportation 76 Service Center Road Aspen, CO 81611 Fax: 970-920-5374 PITKIN COUNTY ================ACCEPTANCE OF NOTICE============ Receipt of the above Notice of Award is hereby acknowledged Bv ~i)g UA~~_ this51dayof~,2006. Title-4~ MA-rtA-ft?CL ::3 6- 7 06; S: 1 1PM;EL^M CONSTQUCTION ;9709232920 # 2/ 3 7911 Upper River Road' P.O. Box 13 Woody Creek. Colorado 81656-0013 (970) 923-2399 FAX (970) 923-2920 Hal Clark 555 Twining Flats Aspen, CO 81611 (970) 923-2693 JOB NAME & ADDRESS: Clark Residence Architect/Engineer: Date of Plans: We hereby propose: 1. Prep existing surface for asphalt paving. 2. Furnish and place 3" inches of asphalt to cover area approx. 570 sq.ft. Price: $ 2,280.00 1 of 2 ~ RECEIVED TIME JUN. 7. 5:06PM PRINT TIME JUN. 8. 8: 54AM . " - I' '''t' .~ CHANGE ORDER FORM ProjectJPurchase Contract # 87-2006 Contract Name: Pitkin County Twining Flats Road Paving Project Contract Date: May 3, 2006 Change Order Number: 1 OWNER: C/O Twining Flas general improvement district Pitkin County 76 Service Center Road Aspen CO 81611 CONTRACTOR (Name, Address, Phone): Elam Construction, Inc P.O. Box 13 Woody Creek, CO 81656 Description of Change: Additional asphalt required to pave a turn around. Reason for Change: Requested bv Twining Flats residences and Hal Clark Original Contract Price $ 55.300.00 $ 2.280.00 Net Increase/Decrease in Contract Price (this change order) Total Adjusted Contract Price (including this change order) $ 57,580.00 This change or r extends the time to complete work by Contractor ~ 0'.~..:::Z- ~ County Representative 20 calendar days 6--/5-/t0 Date ( ~-%--t::J~ Date APPROVED AS TO FORM, this _8_ day of _June NA County Attorney's Office NA Kris Jewkes, Risk Management 5 '- .... f. .~.~ . PITKIN COUNTY CONSTRUCTION CONTRACT ProjectlPurchase Contract # 87-2006 THIS CONTRACT, made this 3rd day of May, 2006, by and between the Board of County Commissioners of Pitkin County, Colorado, (hereinafter called the "County") and Elam Construction Inc. (hereinafter called the "Contractor"). I. Term of Contract. The term of this contract is from May 3, 2006 to June 15, 2006. [At the expiration of the initial term, the contract may be extended for an additional term of 30 days by the express written consent of both parties. II. Scope of Work and Work Schedule. A. Pitkin County Twining Flats Road Paving Project; Twining Flats Road is located east side of Highway 82 at mile post 33.9. Twining Flats road is the first left and continues down the hill to the end of pavement at the private drive sign. The project work to include the following removal and replace of 70 tons of asphalt and 2" asphalt overlay. B. ProjectlPurchase Contract # 87-2006 B. All work performed under this Contract shall be done according to the following work schedule: Work shall be completed in 7 days after commencing work. 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 Fifty-Five thousand-three hundred and no cents Dollars ($ 55.300.(0) in accordance with this Contract, subject to increase or decrease in accordance with the provisi- ons of this Contract; but any payment by the County may be offset by any amount the Contractor owes the County for any reason. A. Payment Procedures. 1. Contractor shall submit applications for payment every 30 days for work done to date. 2. Progress payments. a. County shall make progress payments, within thirty (30) days of County's approval of Contractor's pay request. b. If Contractor is satisfactorily performing this Contract, progress payments shall be in an amount equal to ninety (90) percent of the calculated value of any Project work completed, less the aggregate of payments previously made until fifty (50) percent of the Project work required by this Contract has been performed. Thereafter, County shall pay all remaining progress payments without retaining additional funds, if, in the opinion of the Procurement Officer /p I and County, satisfactory progress is being made on the Project. If, in the opinion of the Procurement Officer and County, satisfactory progress is not being made on the Project, or if claims are filed under Section 38-26-107, Colorado Revised Statutes, as amended, County may retain such additional amounts as County may deem necessary to assure completion of the Project or to pay such claims and any Procurement Officer's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of this Contract. Progress payments shall not constitute final acceptance of the Project. B. County shall make [mal payment, including release of retainage, to Contractor in accordance with this Contract and Section 38-26-107, c.R.S. and Section 24-91-103, C.R.S., as amended. IV. Contractor's Obligations. A. Supervision and Superintendence. 1. The Contractor shall supervise and direct the Project competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Project in accordance with this Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Project complies accurately with this Contract. 2. The Contractor shall keep a competent resident superintendent on the Project at all times during its progress, who shall not be replaced without written notice to the County and the Procurement Officer except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. B. Subcontractors, Suppliers and Others. 1. The Contractor shall not employ any subcontractor, supplier or other person or organization (including those acceptable to the County and the Procurement, whether initially or as a substitute, against whom the County or the Procurement Officer may have reasonable objection. 2. The identity of subcontractors, suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment must be submitted to the County in advance of any work performed or materials supplied under this Contract for acceptance by the County and the Procurement Officer. No acceptance by the County or the Procurement Officer of any such subcontractor, supplier or other person or organization shall constitute a waiver of any right of the County or the Procurement Officer to reject defective Project work. 3. The Contractor shall be fully responsible to the County and the Procurement Officer for all acts and omissions of the subcontractors, suppliers and other persons and organizations performing or furnishing any of the Project work under a direct <\ , . ' or indirect Contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in this Contract shall create any Contractual relationship between the County or the Procurement Officer and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of the County or the Procurement Officer to payor to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by Laws and Regulations. 4. All Project work performed for Contractor by a subcontractor will be pursuant to an appropriate Contract between the Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of this Contract for the benefit of the County and the Procurement Officer. C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Project or the incorporation in the Project of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the County and the Procurement Officer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights or copyrights incidental to the use in the performance of the Project or resulting from the product or device not specified in this Contract, and shall defend all such claims in connection with any alleged infringement of such rights. D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain and pay for all construction permits and licenses. The County shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution 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 Procurement Officer shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. F. Taxes. The Contractor shall pay all existing and future applicable federal, state and local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax may not 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 as stated in paragraph 8 of the Required Clauses. The Contractor and its subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the County. ~ ! G. Use of Premises. 1. The Contractor shall confme construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by this Contract, law, ordinances, and permits. The Contractor shall assume full responsibility for any damage to any such land or area, or to the County or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Project. Should any claim be made against the County or the Procurement Officer by any such owner or occupant because of the performance of the Project, Contractor shall promptly settle with such other party by Contract or otherwise resolve the claim by law. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the County harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the County or the Procurement Officer to the extent based on a claim arising out of the Contractor's performance of the Project. 2. During the progress of the Project, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Project. At the completion of the Project, the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, temporary structures, stumps or portions of trees, and surplus materials, and shall leave the site clean and ready for occupancy by the County. The Contractor shall restore to original condition all property not designated for alteration by this Contract. 3. The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Project or adjacent property to stresses or pressures that will endanger it. H. Safety and Protection. 1. The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: a. All employees in the Project area and other persons and organizations who may be affected thereby; b. All the Project materials and equipment to be incorporated therein, whether in storage on or off the site; and c. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road-ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall m; required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including the safety of ~ ~. . , , ~ all persons who may enter on the job site for any reason and the security of all property located on the job site. This requirement shall apply at all times during the courses of the Contract and not only to normal Project work hours. 2. The Contractor shall at all times conduct the Project in such manner as will incur the least practicable interference with traffic and existing utility systems. No section of any road shall be closed to the public, nor any utility system put out of service except after permission has been granted by the Engineer. Each item of 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 Engineer. The Contractor shall not open up Project work to the prejudice of Project work already started. 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. The Contractor shall not close any road to the public except by express permission of the appropriate engineering authority. When the road under construction is being used by the traveling public, special attention shall be paid to keeping the subgrade and surfacing in such condition that the public can travel over same in comfort and safety. The Contractor shall cooperate with the appropriate officials in the regulation of traffic. If the Contractor constructs temporary bridges or temporary stream crossings, its responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. The Contractor shall provide, erect and maintain all necessary barricades, signs, danger signals and lights to protect the Project and the safety of the public. Contractor shall comply with the provisions of any and all applicable Traffic Safety Manuals, which may be published by a governmental entity having jurisdiction over the Project area. All barricades, signs and obstructions erected by the Contractor shall be illuminated at night and all devices for this purpose shall be kept burning from sunset to sunrise. The Contractor shall be held responsible for all damage to the Project due to failure of barricades, signs, lights and watchmen to protect it, and whenever evidence of such damage is found prior to acceptance, the Engineer may order the damage portion immediately removed and replaced by the Contractor without cost to the County if, in its opinion, such action is justified. The Contractor's responsibility for necessary barricades, signs, and lights shall not cease until the Project shall have been accepted. 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 Procurement Officer for review and approval in accordance with the approved schedule of shop drawing submissions, three (3) covies (unless otherwise specified) of all shop drawings, which will bear a stamp or specific written indication that the Contractor has If) .r satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission. All submissions will be identified as the Procurement Officer may require. The data shown on the shop drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Procurement Officer to review the information as required. 2. The Contractor shall also submit to the Procurement Officer for review and approval with such promptness as to cause no delay in Project, all samples required by this Contract. All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under this Contract with respect to the review of the submission and will be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which intended. 3. Before submission of each shop drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto; and reviewed or coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the Project and this Contract. 4. At the time of each submission, the Contractor shall give the Procurement Officer specific written notice of each variation that the shop drawings or samples may have from the requirements of this Contract, and, in addition, shall cause a specific notation to be made on each shop drawing submitted to the Procurement Officer for review and approval of each such variation. 5. Where a shop drawing or sample is required by the specifications, no related Project work shall be commenced prior to the Procurement Officer's review and approval of the shop drawing or samples. 6. Contractor. The cost of furnishing all shop drawings and samples shall be borne by V. Performance and Payment Bond. A. Contractor shall furnish a performance and payment bond in the amount of one half of the total Contract value for all Contracts over $50,000, as required by C.R.S. ~ 38-26- 101, 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 days thereafter substitute another Bond and Surety, both of which must be acceptable to the County. VI. Indemnitv. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, " ~ '. intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, how- ever, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, payor 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. Vll. Insurance. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance as specified in this section. The Contractor shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages as specified in this section. A. In whole or in part, the Contractor shall secure and maintain for the term of its Contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: 1. Statutory Workers' Compensation: Colorado statutory minimums 2. Commercial General Liability - ISO 1998 Form or equivalent (With County named additional insured) Each Occurrence Limit $1.000.000.00 General Aggregate Limit $2.000.000.00 Products/Completed Operations Aggregate Limit $2.000.000.00 Comprehensive Form (All risks) to include (place X by applicable provisions): _ X_ Premises/Operations Underground, Explosion & Collapse Hazard _X_ Products/Completed Operations _X_ Contractual Liability _X_ Independent Contractors and Subcontractors _X_ Broad Form Property Damage _X_ Personal Injury 3. Business Auto Coverage: Combined Single Limit Liability (each accident) $1.000.000.00 4. Special Coverages (check as appropriate and insert amount): _X_ (1) Performance Bond 100% Labor and Material Payment Bond (2) Professional Errors and Omissions (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk (6) Boiler and Machinery )'1/ , (7) Loss of Use Insurance (8) Pollution Liability (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: 1. To provide evidence of the required insurance coverage, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the County through the Procurement Officer, no later than ten (10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any Contract. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the County's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then-current policy declarations page). Simultaneously with the Certificates of Insurance, the Contractor shall file with the County, through the Procurement Officer (and promptly update, as necessary), 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 clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. 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 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 County's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. 4. The County reserves the right to request and receive a copy of any policy and any policy endorsement at any time during the term of this Contract. Vill. 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. \'1 1, B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the Project to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except for highway construction, which is subject to c.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the Project is performed. IX. Protection and Restoration of Prooertv and Landscaoe: 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 protect carefully from disturbance or damage all land and property and shall protect carefully from disturbance or damage all land and monuments and property marks until the Procurement Officer has witnessed or otherwise referenced their location and shall not remove them until directed. 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 Procurement Officer. 5. If the Contractor disturbs any of the landscape not called for removal, it shall restore those areas as directed by the Procurement Officer at the Contractor's expense. B. Hazardous Materials 1. The County shall not be responsible for the cost of and the removal or clean up of Hazardous Materials found in any materials brought to the Project site, after the Project site is turned over to the Contractor. 2. The Contractor shall provide the Procurement Officer with a written certification each time materials or equipment is brought onto the Project site that such materials or equipment do not contain Hazardous Materials. X. County Work at the Proiect Site. A. The County may perform other work related to the Project at the site by the County's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain terms similar to these. The Contractor shall perform and coordinate its activities with other Contractors to avoid conflict and minimize disruptions. ~ \~ B The Contractor shall afford each utility owner and other Contractor who is a party to such a direct contract (or the County if the County is performing the additional work with the County's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with theirs. The Contractor shall do all cutting, fitting and patching of the Project that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Procurement Officer and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct Contracts between the County and such utility owners and other Contractors. C If any part of the Contractor's Project depends for proper execution or results upon the work of any such other Contractor or utility owner (or the County), the Contractor shall inspect and promptly report to the Procurement Officer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Project except for latent or non- apparent defects and deficiencies in the other work. XI. Chang;es in the Proiect. A. The County may, from time to time, request changes in the scope of services of the Contractor to be performed hereunder. B. The following procedure shall be followed for the County notifying the Contractor of proposed County initiated changes. The Procurement Officer shall issue a notice informing the Contractor of a planned change in the Project and its scope, and requesting the Contractor's detailed price proposal. The Contractor shall submit a priced proposal for performing the proposed change in the Project. 1. Written Notice of Change. A Written Notice of Change may be used when: a. The County determines that the Contractor must proceed immediately to perform a change in the Project in order to avoid an adverse impact on the schedule or other unchanged Project, and sufficient time is not available to negotiate an adjustment to the Contract price or Contract time; or b. The County and Contractor have not completed their negotiation and reached Contract on all of the terms of a Change Order, but the County requires the Contractor to proceed without such Contract. 2. Change Order. When the Contractor and the County reach Contract on the adjustments to the Contract price and/or Contract time, such Contracts shall be promptly recorded in an executed Change Order. 3. Contractor Change Request. a. If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the \~ ~ Procurement Officer or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Project; or, (v) becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Procurement Officer prompt written notice of such matters in a letter or notice denominated "Contractor Change Request". b. All Contractor Change Requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor believes may require an extension in time or price. The Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor Change Request and, provide an estimate of the adjustment in the Contract price and/or Contract time, which it believes is appropriate. c. 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 davs after they were received or discovered. d. 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. e. 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 ( 1 0) consecutive calendar days therefrom. f. 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 (]O) consecutive calendar days after the Contractor becomes aware of such circumstance or matter. 4. Down Time. The Contractor may be granted time extension for down time. No other compensation of any kind shall be made to the Contractor for down time. Equipment failure, lack of adequate labor or tools or materials to perform the Project shall not constitute down time. 5. 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 ~ b. The Contractor shall, at the time a Contractor Change Request is submitted provide the Procurement Officer with a complete and itemized proposal of Contract price and time adjustments. The proposal shall also contain a detailed explanation, citing all applicable provisions in this Contract, which supports the Contractor Change Request. If the Contractor does not submit its itemized proposal within the time described above or within such extension, which the Procurement Officer, in hislher discretion may have granted in writing, it waives any claim for an adjustment in the Contract price or Contract time arising out of the act or event described in the Contract Change Request. c. If a Contractor Change Request is denied by the Procurement Officer, in whole or in part, any claim for an increase in the Contract price or Contract time arising out of the act or event described in the Contractor Change Request is waived unless the Contractor timely complies with the provisions of paragraphs D(1-6) of this Section. XU. Warranty and Guarantee: Tests and Inspections: Correction. Removal or Acceptance of Defective Proiect 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. Project work shall be performed in a skillful and workmanlike manner. 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 for a period of not less than two (2) Years from date of Final Payment, which two (2) Years period shall be covered by the Bonds as specified in this Contract. Landscaping replacement shall be warranted for two (2) growing seasons. 2. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Project work performed and materials furnished under the Contract, the Contractor shall: a. Obtain all warranties that would be given in normal commercial practice. To the extent that the subcontractor's, manufacturer's, or supplier's, standard warranty exceeds the minimum County requirements as set forth in this Section or elsewhere in this Contract, the subcontractor's, manufacturer's, or supplier's standard warranty shall apply. b. Require all warranties to be executed, in writing, for the benefit of the County, if directed by the Procurement Officer; or c. Enforce all warranties for the benefit of the County, if directed by the Procurement Officer. d. Assign all warranties and guarantees in writing to the County upon the request of the County. 3. Notwithstanding anything to the contrary above, the Contractor shall warrant that all equipment which is incorporated into the Project or any subsystem shall be \\ /'b<. 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 n (Scope of Work) of this Contract and Contractor's Proposal. Unless the warranty period is otherwise extended or modified, the following warranty shall apply. If within five (5) Years from the date each piece of equipment incorporated into the Project or any subsystem is accepted by the County, it appears that the equipment or any part thereof does not conform to the above warranty and guarantee provisions, and the County so notifies the Contractor within a reasonable time after its discovery, the Contractor shall thereupon promptly correct such nonconformity to the satisfaction of the County, at the Contractor's sole expense; failing which the County may reject the item and cover by purchasing substitute items or the County may proceed to make corrections or accomplish the Contractor's performance by the most expeditious means available, the cost of cover or correction shall be charged to the Contractor. a. The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such equipment shall conform to the requirements of this Contract. b. When return, corrections, or replacement is required, transportation charges and responsibility for the supplies and equipment while in transit shall be borne by the Contractor. B. Access to Project. The Procurement Officer and the Procurement Officer's representatives, other representatives of the County, testing agencies and governmental agencies with jurisdictional interests shall have access to the Project, at any time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. C. Tests and Inspections. 1. The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and approval tests for the work performed by the Contractor or its subcontractor. 2. If any laws, ordinances, rules, regulations, code or order of any public body having jurisdiction requires any Project work. (or part thereot) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Procurement Officer the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or re-testing required in connection with the County's or the Procurement Officer's acceptance of a supplier of materials or equipment proposed to be incorporated in the Project, or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Project. The cost of all inspections, testing, re-testing and approvals in addition to the above which are required by this Contract shall be paid by the Contractor (unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place, and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter. 3. All inspections, tests or approvals other than those required by laws, ordinances, rule, regulations, code, or order of any public body having jurisdiction shall be performed by organizations acceptable to the Procurement Officer. N )r- 4. If any Project work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Procurement Officer, it must be uncovered for observation. Such uncovering and testing when required by the Procurement Officer shall be at the Contractor's expense. 5. Neither observations by the Procurement Officer nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Project in accordance with this Contract. D. Correction or Removal of Defective Work. If required by the Procurement Officer or the County, the Contractor shall promptly, as directed, either correct all defective Project work, whether or not fabricated, installed or completed, or, if the Project work has been rejected by the Procurement Officer or the County, remove it from the site and replace it with non-defective Project work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. E. Correction Period. If within two (2) Years after the date of Final Payment or such longer period of time as may be prescribed by laws or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Project work is found to be defective, the Contractor shall promptly without cost to County and in accordance with County's written instructions, either correct such defective Project work, or, if it has been rejected by County, remove it from the site and replace it with non-defective Project work. If the Contractor does not promptly (within seven (7) days for receipt) comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the defective Project work corrected or the rejected Project work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. Contractor shall also pay for any damage to other Project work, other property, or person, which occurred as a result of the defective Project work. F. County May Correct Defective Work. If the Contractor fails within ten (10) consecutive calendar days after written notice of the Procurement Officer or the County to proceed to correct and to correct defective Project work or to remove and replace rejected Project work as required by the Procurement Officer or the County in accordance with paragraph F 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 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, \~ I-!i. 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. xn. LiQuidated Damages. 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 J(5) 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 in the Liquidated Damages Form 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, tires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be v N: 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 anyone 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 to the terms of this Contract prior to the date of termination. Not withstanding 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. N. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in, or be construed as establishing an employment roy' ~ - . relationship. The Contractor shall be, and shall perform as, an independent Contractor who agrees to use its best efforts to provide the Project on behalf of the County. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the County. The County is interested only in the results obtained under this Contract. The manner and means of conducting the Project are under the sole control of the Contractor. None of the benefits provided by the County to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from the County to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. The Contractor, As An Independent Contractor, Shall Not Be Entided To Workers' Compensation Benefits And Shall Be Obligated To Pay Federal And State Income Tax On Any Moneys Earned Pursuant To The Contract. XVI. Comoutation 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. xvn. Records and Cost Pricing Data. A. The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Project Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated and updated weekly to show all changes made during construction. These record documents together with all approved samples will be available to the Procurement Officer for reference. Upon completion of the Project, these record documents and samples will be delivered to the Procurement Officer for the County. B. The Contractor shall maintain all data and records pertinent to the Project performed under this Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of three (3) vears from the date of fmal payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of this Contract. The County shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any subcontractor utilized in the performance of this Contract to 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. Records pertaining to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims. xvrn. Miscellaneous. A. Assignability. This Contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this Contract must be accepted in writing by the County. B. Binding Arbitration. Any disputes arising out of this Contract shall be subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of /'y. -2,...:1..., this Contract shall be submitted and [malty settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County Contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. C. Severability. If any term, section, or other provision of this Contract shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term, section, or other provision shall not affect any of the remaining provisions of this Contract, and to this end, each term, section and provision of this Contract shall be severable. D. Integration and Modification. This Contract represents the entire and integrated Contract between the County and the Contractor and supersedes all prior negotiations, representations, or Contract, either written or oral. This Contract may be amended only by written Contract signed by both the County and the Contractor. E. Contract Made in Colorado. The parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. F. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Contract including the arbitration described in this section, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. G. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101, et. Seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this Contract shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. H. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the Contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. I. Notice. Any notice required by this Contract shall be deemed delivered through either of the following: (1) hand delivery to the person at the address below or (2) by certified first class mail, postage prepaid, return receipt requested addressed as follows: 1. To Pitkin County Bud Eylar, Pitkin County Transportation 76 Service Center Road Aspen, Colorado 81611 Fax: (970) 920-5374 conies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 "1 N t'f...- . I . ... 2. To Contractor: Jj;lam 'C~nst:rH~tion Ine Harold F. Elam P.O. Box 13 Woody Creek, CO 81656 Fax: 970-923-2920 J. Wi1lver. l~O waiver by either party of any right, term or condition of this Contract shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Contract. XIX. Contractor's Representations. A. In order to induce County to enter into this Contract, Contractor makes the following representations: 1. Contractor has familiarized himself with the nature and extent of this Contract, Project, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of Project. 2. Contractor has carefully studied the site and has performed all necessary investigations, tests, and subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. 3. Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as it deems necessary for the performance of Project at the Contract price, within the Contract time, and in accordance with the other terms and conditions of this Contract; and no additional examinations, investigations, tests, reports, or similar data are or will be required by Contractor for such purposes. 4. Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of this Contract. 5. Contractor has given Procurement Officer written notice of all conflicts, errors, or discrepancies that it has discovered in this Contract, and the written resolution thereof by Procurement Officer is acceptable to Contractor. 6. By executing this Contract, the Contractor represents that it has visited the site, familiarized itself with the local conditions under which the Project work is to be 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. Counteq>arts. 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. ADDENDUM. IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. M. ~q CONTRACTOR (company name) El~ By: ame Harold F. Elam Title President May 8, 2006 Date PITKIN COUNTY, STATE OF COLORADO RECOMMENDED FOR APPROVAL: *U~m.,portatiO" /.C' .:J . :J 1.(. O./:. Date ~4h~ D e Project/Purchase Contract # 87-2006 and Line Item Account 41).., ~ (" 5"), 00 110. r z. .., L 7 'V~ ~ ProjectlPurchase Contract # 87-2006_ ADDENDUM # 1 April 19, 2006 TO: ALL PROPOSERS ON PROPOSAL Twining Flats Road Paving Project This letter is to clarify the Request for Proposals on Twining Flats Road Paving Project , recently submitted to your company for review. The following clarifications or changes are required. Bid bond is not required. A 100% performance bond is required. All removal and replace areas have been paint marked on asphalt. There are areas that will be full width patching and some areas that are only 6 foot in width. The total estimated area of removal and replace is 500' by 11'. Traffic control will be required at the top of the hill due to deliveries that may need to be made. Thank: you for reviewing this Request for Proposals and considering submitting a proposal. If you have any further questions concerning the proposal documents or this letter clarifying what is required, please contact me at Bud Eylar, Pitkin County Transportation. Sincerely, . C> J /' ./ )z..;( ~l.(" ~Bud Eylar, ~ . County Transportation '2:X '2- Y .' -. I ~ "4f'.~ PROPOSAL FORM ProjectlPurchase Contract # 87-2006 Proposal Time: Proposal Date: 1:00 pm MDST April 24, 2006 From: Phone E-mail Address: Fax To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Bud Eylar, Pitkin County Transportation 76 Service Center Road Aspen, CO 81611 For: Twining Flats Road Paving Project Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer having examined this Contract, including the site of the proposed Project and being familiar with conditions surrounding the construction of the proposed Project, including the availability of materials and labor hereby proposed to furnish all labor, materials, supplies, services and supervision required to perform the Project for the project identified above and listed below and as detailed in this Contract for the sum of: The lump sum of --:::J (+ f I 5-.... J rc . -I '(. i.J E. 7/ o/'!!';A-.<J{) Tllref' Dollars ($ ~ ..:::XJO. ..' ) . I / h..J.1J".t The project will be completed within 5 working days of initiating the Project. Description: ROAD #1 Twining Flats road .74 miles from first intersection to end of pavement Project number Item Unit Estimated Quantity Unit Price Proposal Amount Patching HBP t,O <J {.. P-l Gradin SX TON 70 $ ICo /ton $ 00 Final mat CO ~c PM-I HBP Gradin S TON 700 $ ~: /ton $ 0 '2..7 ~ Specifications: All materials are to comply with the latest edition of Colorado Deparbnent of Transportation Standards Specifications for Road and Bridge Construction TWINING FLATS ROAD - .74 miles long -from intersection to end of pavement 1. The contractor may not work on the Memorial Day weekend beginning Friday, May 26 @ 1:00 pm until Tuesday, May 30, @ 8;00 am. 2. The Traffic Control Plan shall comply with the latest edition of the MUTCD. A certified Traffic Control Supervisor contractor shall provide Traffic Control Plans for Road. Traffic Control plans shall be required before NOTICE TO PROCEED is issued. 3. Public Notice requirements are the responsibility of the contractor shall be developed during the fmal approval of the Traffic Control Plan. 4. The contractor may work weekends with prior approval of Pitkin County (48 hours minimum advance notice shall be given). 5. HBP shall be Grading SX for patching. 6. HBP shall be Grading S for the final mat. 7. Paving to match the existing pavement width. 8. The Contractor shall provide a work schedule at the time of NOTICE TO PROCEED. 9. The contractor shall be responsible for calling of all utility locates, including water and sewer. 10. Any materials shall be compacted to 95% of either Marshall value or Standard proctor. 10. A taper slope shoe is required on the final mat. 12. METHOD 0 F MEASUREMENT A. Payment shall be on the number of tons of HBP in place for final mat. B. Payment shall be on the number of tons of HBP in place for patching. Patching: 1. The contractor shall be responsible for cutting any asphalt or chip seal driveways. 2. All driveways shall have a 2' asphalt apron placed to tie in to final mat. 3. All patching is to be 2" of HBP Grading SX. 4. Contractor shall be responsible for removal and patching of damaged areas. The contractor shall rebase (if necessary), and re-compact all areas before patch is completed. The cost of all work including cutting of patches shall be included in the price of patching asphalt per ton. 5. The minimum width of patches will be 6 feet. ~ fV ~ ", - 6. The cost of all ties ins are to this item. Final mat: 1. The contractor shall use a slope shoe on the outer edges of mat. 2. The fmal mat is to be 2" HBP asphalt grading S. Public Notice: 1. The contractor shall place notices for three working days prior to start of project, during length and five days after expected completion date. 2. The contractor shall notice by means of radio public service announcements and by displays in daily papers. TWINING FLATS ROAD Typical Section "A" 10' to 16' widths 2" Final Mat Existing pavement Notes: 1. The use of a taper slope shoe is required on the final mat. 1..-' ~ Qualifications of Proposer: Please insert names address, phone numbers and description of similar Project 1. 2. 3. QUALIFICATIONS OF PERSONNEL Please list assigned personnel and their qualifications 1. Qualifications: List of similar Project performed: 2 Qualifications: List of similar Project performed: 3 Qualifications: 0J\J ~ . 'I . .. List of similar Project performed: It is further understood that the right is reserved by the County to reject any and aU proposals and it is agreed that the proposals may not be withdrawn for a period of ten (to) days from specified time for receiving proposals. The undersigned agrees that upon notification of acceptance of this proposal, it will execute a Contract for the above stated Project for the above compensation within the scheduled mutually determined. The Proposer hereby certifies: A. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed person, fino or corporation and is not submitted in conformity with any Contract of rules of any group, association, or corporation. B. That it has not directly or indirectly induced or solicited any other proposer to put in a false proposal. C. That it has not solicited or induced any person. firm, or corporation to refrain from proposing. The Proposer acknowledges receipt of Addenda's Nos. } . ^f'~IL. [4. L. c r-k The right is reserved to waive any infonnalities and to reject any Proposal. (TypelPrint name under aU signatures) Dated this ~ day of April ,2006 (Corporate seal) PROPOSER: ~ Harold F. Elam, President SIGNATURES: If the proposal is being submitted by a Corporation, the Proposer should be signed by an officer, i.e. President or vice-president. The signature of the officer signing shall be attested to by the secretary and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. (Attach a Separate Sheet for Suggested Cost Savings Alternatives) Jason D. Cates Assistant Secretary "3 I ~'-...:;< 1l1.\I"UUllIYUIIII:lIII;l:tIIUIIII:)\l:WO rv Jl:t4.l\J:> rl:tv II'::UUO Pitkin County Purchase Requisition Exceeding $ 25,000 Please follow the procurement code compliance checklist on the back of this form. Obtain all appropriate approval signatures below before sending completed Requisition to the Finance Department Section (1) Project and Budget Information Department: Road and Bridge Project: Road materials Project Component: 110.54.96300.82727 Date: 6/20/2006 Budget: Item Budget: $90,000.00 Section (2) Vendor Information Vendor # Name: Address: City, State, Zip: Elam Construction Section (3) Source Selection--Numbers in parenthesis refers to section of Procurement Code. Source Selection-Indicate Method Used: Competitive Sealed Proposal (3-202) Multi-step Proposals (3-203) * Small Purchase/Informal Bid (3-204) * Attach Memo * * Sole Source (3-205) Emergency (3-206) State Bid (3-207) * Section (4) Accounting Information Ledger Number Item Description Amount 110.54.96300.82727 Road Material - Asphalt and Road Base $90,000 Section (5) Special Instructions Order executed by: Purchase Oder Contract x Attach contract & note date executed Other Special Instructions for Finance: Invoice review required Section (6) Approvals We have reviewed the file documenting this procurement and cerr compliance with the Pitkin County Procurement Code. Location of Procur ment file: Tem Ie's office >$50,000 3V