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HomeMy WebLinkAboutresolution.council.027-20I RESOLUTION # 27 (Series of 2020) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND TS&L, LLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for the Aspen Airport Business Center Traffic Signal Replacement Project between the City of Aspen and TS&L, LLC., a true and accurate copy of which is attached hereto as Attachment "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the contract for the Aspen Airport Business Center Traffic Signal Replacement Project, between the City of Aspen and TS&L, LLC., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 14th day of April 2020. I Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 14, 2020. Nicole Hen'n14 City Clerk VIA CITY OFASPEN CONTRACT FOR CONSTRUCTION (Short Form) THIS CONTRACT,made and entered into on April 1012020,by and between the CITY OF ASPEN, Colorado, hereinafter called the"City", and TS&L,LLC., hereinafter called the"Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, temporary utilities, transportation and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit"A" which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specifications; Compliance with Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities,and the City of Aspen Procurement Code,Title 4 of the Municipal Code, including the approval requirements of Section 4-08- 040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor,materials and services required by this Contract,and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed Seventy-one thousand nine hundred and eighty ($71 9. 80.00)DOLLARS or as shown on Exhibit "A". 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same not later than July 30, 2020, subject to such delays as are permissible under the "Extension of Time for Completion"section of this Contract. 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery,equipment or any other service or facility used in connection with or arising out of the Project, and shall obtain periodic releases from all CC5-971.doe Page: I subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and City's officers,employees,agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall furnish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150%of the amount claimed pursuant to such lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date,properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure of an amount not less than the total of all previous payments made hereunder by City to Contractor. 7. Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit"A"are intended to supplement one another. In case of conflict, however, this Contract shall control both. 8. Changes in the Work. Should the City at any time during the progress of the work request any modifications,alterations or deviations in, additions to, or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation,based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City and Contractor, prior to performance. 9. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shalt be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor CC5-971.doc Page:2 shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or(b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome,or(e)the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 11. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and CC5-971.doe Page:3 approval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion; Contractor's Release. City agrees to sign and file of record within five(5)days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional.The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with,any such liability,claims,or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss,or damage was caused in whole or in part by the act,omission,or other fault of the City, its officers,or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act,omission,or other fault of the City, its officers,or employees. 15. Insurance. a. The Contractor agrees to procure and maintain,at its own expense,a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract- Such insurance shall be m addbm to any tomer-msxv=requkemem zoposed b_this cr iac commm sill a"=&Ncd of any Fia ih�; cam. Vis. or ower obligations �r. MMMWdPW5MWW&e terms of this Contract by reason of its failure to procure or maintain CCS-971.doc Page:4 insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration,or types. b. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions.If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability,claims,demands,and other obligations assumed by the Contractor pursuant to the terms of this Contract.In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum, limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS($500,000.00)disease-each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. 2. Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations.The policy shall include coverage for bodily injury,broad form property damage(including completed operations),personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors,products,and completed operations.The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. 3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS($1,000,000.00)aggregate with respect to each Contractor's owned,hired and non-owned vehicles assigned to or used in performance of the services.The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles,the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract. C. Except for any Contractor Liability insurance that may be required,the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen,shall be excess and not contributory insurance to that provided by Contractor.No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage CC5-971.doc Page:5 arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. d. The certificate of insurance provided to the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled,terminated or materially changed until at least thirty(30)dans prior written notice has been given to the City of Aspen. e. In addition,these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s)may become liable for secondary or excess coverage,the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the.policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of,and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect 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. e. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith.All moneys so paid by City shall be repaid by Contractor to City upon demand,or City may offset the cost of the premiums against moneys due to Contractor from City. f. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Damage or Destruction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid CC5-971.doc Page:6 for by City as extra work under Paragraph 8 above. If, however, the estimated cost of replacement of the work already completed by Contractor exceeds twenty (20%) percent of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost, including net profit to Contractor in the amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 17. Notices. Any notice which any party is required or may desire to give to any other party shall be in writing and may be personally delivered or given or made by United States mail addressed as follows: To City: City of Aspen Engineering Department—Raquel Flinker 130 South Galena Street Aspen, Colorado 81611 To Contractor: TS&L—Chad Harris P.O. Box 1240 Grand Junction, CO 81502 subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given, delivered or made by United States mail, shall be deemed to have been given the same day as transmitted by telecopier or delivered personally,one day after consignment to overnight courier service such as Federal Express, or two days after the deposit in the United States mail as registered or certified matter, addressed as above provided,with postage thereon fully prepaid. 18. Inspections; Warranties. (a) Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. (b) Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. (c) Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). CC5-97 Ldoc Page:7 19. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 20. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent,employee,or servant of the Contractor shall be,or shall be deemed to be,the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor.None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees,agents or servants of the Contractor.The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees,servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 21. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 22. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. 23. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 24. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding;and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while the defaulting party continues in default,and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. 25. Remedies Non-Exclusive. No remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy. CC5-971.doc Page:8 26. Governing Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado. Venue for any action at law or equity shall be Pitkin County. 27. Attorneys'Fees. If either party to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shall be entitled to receive its attorneys' fees in connection with such action from the non-prevailing party. 28. Severability. Any provision in this Contract which is held to be inoperative,unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. 29. Nondiscrimination. During the performance of this Contract,the Contractor agrees as follows:The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation,being handicapped,a disadvantaged person,or a disabled or Vietnam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 30. Prohibited Interest. No member,officer,or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest,direct or indirect, in this Contract or the proceeds thereof. 31. Warranties Against Contingent Fees,Gratuities,Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. b. The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval,recommendation,preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application,request for ruling,determination,claim or controversy,or other particular matter, pertaining to this Contract or to any solicitation or proposal therefor. CC5-971.doc Page:9 C. It shall be a material breach of the Contract for any payment,gratuity,or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith,as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled.The Contractor shall comply with all applicable local,state and federal "anti-kickback" statutes or regulations. 32. Payments Subject to Annual Appropriations. if the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests,will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for.which funds have not been appropriate. 33. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101. a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen,from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. b. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress,as amended,and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. CC5-971.doc Page: 10 "Services"means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. C. By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii)Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. d. Contractor hereby certifies that: (i) Contractor shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Contractor shall not enter into a contract with a subcontractor that fails to confirm to the Contractor that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any new employees who are not eligible for employment in the United States;and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five(5)days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three(3)calendar months thereafter,until Contractor is accepted or the public contract for services has been completed,whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Contractor obtains actual knowledge that a subcontractor performing work.under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Contractor shall: (1) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the CC5-971.doc Page: 1 I subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contractin& with the new employee who is an illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. (ix) If Contractor operates as a sole proprietor,Contractor hereby swears or affirms under penalty of perjury that the Contractor(1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 34. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties,notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore,each Party consents to the use of electronic signatures by either Party. The Scope of Work,and any other documents requiring a signature hereunder,may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. CC5-971.doc Page: 12 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Co ) - SS. COUNTY OF �1�'�C �_ ) On this �-!1I day of 20_,aL, before me appeared r -)C';(A C to me personally known, who, being by me first duly sworn, did say that s/he is .-,- � Q'1' c;Wc 0�C of .-=Ste, L-L- • and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. aciqy 0,3) 1 cls Notary Public Address My commission expires: JENNY PEIFFER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194027107 MY COMMISSION EXPIRES JULY 19,2023 CC5-971.doc Page: 14 IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTE CITY OF ASPEN, COLORADO 7 Title: i APPROVED AS TO FORM: Ci ttorney ATTESTED BY: CONTRACTOR: TS Ll LLC By:' lmz \ Title: r Mq e � Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership,the Contract shall be signed by a Principal and indicate title. CC5-971.doc Page: 13 TS&L, LLC PO BOX 1240 GRAND JUNCTION, CO 81502 OFFICE: 970-778-6215 CHAD'S CELL 970-210-0439 Project: HIGHWAY 72 AND ABC INTERSECTION REPAIRS Bid Date: 3/10/20 CE-631 Bond Is Not Available Line # Item# Description Quantity UM Unit Price Extended Price Removal of Traffic Signal Heads 4 $100.00 $400.00 Potholing 10 $275.00 $2,750.00 Removal of Traffic Signs 3 $60.00 $180.00 36" Caisson 15 $1,250.00 $18,750.00 Reset Signal Pole and Luminaire Arm 1 $3,000.00 $3,000.00 Reset 45' Mast Arm 1 $1,500.00 $1,500.00 Reset Luminaire 1 $300.00 $300.00 Reset Traffic Signs and/or Install Only 4 $250.00 $1,000.00 Reset 12-12-12 Signal Heads 2 $400.00 $800.00 12-12-12 Traffic Signal Heads (Install Only) 4 $500.00 $2,000.00 2" Conduit (Plastic) 20 $40.00 $800.00 3" Conduit (Plastic) 20 $50.00 $1,000.00 Wiring Lump Sum 1 $4,500.00 $4,500.00 Traffic Control Management Days 8 $1,100.00 $8,800.00 ,Flagging Hours 64 $100.00 $6,400.00 Traffic Control Devices 8 $200.00 $1,600.00 Arrowboard 8 $300.00 $2,400.00 Message Boards (2) 8 $600.00 $4,800.00 Mobilization 1 $8,000.00 $8,000.00 MINOR CONTRACT REVISIONS 1 $3,000.00 $3,000.00 TOTAL $71,980.00 VurilWHHc Osla Ll!/)011 !n/cON:COOT-NnTOW.IM!41 Can110: Y.Nlclq R•z I I N z BALTIC AVE it m$ m< a 7 Or -1 N <m UU Qz p , p-1 •1:. 1»'.�•_r. 1; m� �I �.� 1' rl iOm ��� I =,ZIN pj.l � "p rl :tl IIf`II ly $v: �z ; a 'o tLkp ;1'' lz Z m 11A`1 R o co A I o$ w g I i� I.h I vii' oa .•' I xA A A� T~ oo > i � "�'x iI - I I � AE acy A RI V i rY ATS am Am �i — I z i ui i; Lm Lvl L� '2N rj• I I�r. f m iln... 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I - - - - - � z �9y 1" NZ N i:.. .......I F OK N z co cnCD vc � Z 6A O 9 C" Y $ a z ��1J 0 fix' ego S b S o d U 25 Q N O F��t�nu�i Q NNN'+yS � X R o o 21 o cm7 9 0 7 AI _j Mi N I------ 7 n A --- - - --------- ¢---- >_ N • 1 Ta m� a r0 R° O � 1 OON O aQ$ O~ 10" 10" � 0 4 N LA LA r' e •aLL w. �� En > Sz yy 't-fifififi `�`-`-`y�———- E" r ��• � 1 1 1 \ 1 y �r 11111 r T T T T T T T T T T T T T-1 1 CD [/] 'aA` J" A CONTINUOUS SPIRAL WITH 6-PITCH ANO ONE EXTRA 1- i a Mry L '� TICD RMN AF TOP OF CAISSON F Q p d O 1'-6•f CMSI 5 IL AND 6'fi-FOR COHESIVE SOIL 6- � .pr,y PAY LENGTH FOR ITEM 50J ORILLEO CAISSON- '� FOR COHESIOIlE55 SOL AND > I9'-0-FOR CQ 4 M OHESIVE SOIL z z 0 REVISION OF SECTION 105 COOPERATION BETWEEN CONTRACTORS Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.12 shall include the following: The Contractor has the responsibility of coordinating the work with the construction operations of other contractors working in the vicinity. The Contractor shall coordinate work with the other Contractors and utility companies to insure the construction of all projects occur with minimal disruption to the traveling public.The Contractor is responsible for determining and addressing all construction and other potential coordination issues that may impact the project.The Contractor is not entitled to compensation for delays caused by other construction activity. Available project construction schedules from all the projects in the area will be shared upon request and availability. A Cooperation between Contractors Plan that includes communication and coordination of work schedules shall be submitted for review and acceptance by the Engineer 5 days prior to the start of work.As a minimum,the plan shall address the following: • Coordination of emergency vehicles through the projects and the implementation of an Emergency Vehicle Access Plan. • Coordination of work to not exceed the maximum traffic delays specified in the contract. • Coordination of road closures to minimize delay to the traveling public. • Communication with the local emergency responders and law enforcement agencies. • Communication with County or Forest Service Projects. Updates to the Emergency Vehicle Access Plan shall be posted by the Public Information Manager.This shall include updated information to be maintained on the local number Public Information line and on the CDOT internet website. Updates shall be posted weekly or whenever changes have been approved by CDOT. The Contractor shall schedule and coordinate all traffic lane closures and MHT's at least five days prior to the lane closure or MHT taking effect.All other phasing sequencing shall be submitted to the Engineer for approval prior to its implementation. Contractors representatives shall meet with CDOT Staff and other entities as often as necessary to maintain coordination of construction activities. The cost of the coordination and communication equipment shall be included in the work with no separate payment. REVISION OF SECTION 105 CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.10 shall include the following: The Contractor shall provide timely response and complete all traffic signal maintenance for traffic signals that are included in the contract work within the project limits.The Contractor shall respond to the project site within one hour of notification for urban highway projects,and within four hours of notification for rural highway projects.These services shall be available upon notice,and provided at all times, including holidays and seasonal no work periods.The Contractor shall provide these services beginning when time count starts for the project through final acceptance.The Contractor shall submit a Traffic Signal Maintenance Plan(TSMP)to the Engineer for acceptance at the Pre-Construction Conference. The TSMP shall include the following: (a) Contact Information. The Contractor shall designate a single contact person to be responsible for coordination and execution of the project TSMP. TSMP shall contain the Contractor's TSMP coordinator's contact information,including name and phone number,and additional contact information for all personnel assigned to perform Traffic Signal Maintenance. , (b) Plan Requirements. The TSMP shall establish a specific communications process to coordinate and manage Traffic Signal Maintenance. The TSMP shall document the project's response time to confirm the requirements stated above. The TSMP coordinator shall be responsible for all communications during an incident, including notification of the Engineer, and communications with concerned stakeholders regarding when the maintenance operations are started, the estimated time frame of the repair or maintenance, the time repair has been completed, and the time normal traffic operations are resumed. A post-incident evaluation report shall be submitted to the Engineer within 48 hours of the initial incident notification. The report shall summarize the incident timeline, the repair and maintenance required,and the communication efforts made during the incident. (c) Certification Documentation. The Contractor shall adhere to the following requirements regarding Traffic Signal construction and maintenance personnel certifications. Current Certificates showing qualifications shall be documented in the TSMP to be submitted at the Pre-Construction Conference. (1) For work inside the traffic signal cabinet, Signal and Signal Bench Technicians shall be minimum IMSA Level II certified. This includes the completion of training in construction, corrective maintenance and signal turn-on. (2) For all work external to the signal cabinet, a minimum IMSA Level I Traffic Signal Field Technician/Electrician, or Traffic Signal Bench Technician/Signal Technician, is required. An IMSA Level II Traffic Signal Electrician shall be on the job site at all times that signalization work is taking place to ensure proper construction. A maximum ratio of four IMSA Level 1 to one IMSA Level II will be allowed for work external to the signal cabinet. The United States Department of Labor—Bureau of Apprenticeship and Training may be substituted for the IMSA Level I Traffic Signal Electrician requirement. (c) Traffic Control. The Contractor shall perform traffic control as required until completion of the TSMP. All required traffic control contact information shall be provided in the TSMP. The Contractor shall complete Traffic Signal Maintenance in accordance with the TSMP,and all other applicable project standard specifications or special provisions. Traffic Signal Maintenance as described above will not be measured and paid for separately but shall be included in the work. REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this project as follows: Subsection 106.03 shall include the following: For this project,Contractor process control testing is mandatory for concrete for caissons and Class D concrete. At a minimum one set of cylinders shall be cast for each intersection. REVISION OF SECTION 108 WORKING TIME LIMITATIONS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor shall provide a weekly work schedule to the Project Engineer by the Thursday proceeding the scheduled week. The schedule shall not vary without permission from the Project Engineer. A maximum of 12 hours in a 24-hour period shall be worked. The workweek shall be a maximum of 5 days per week, Monday through Friday. The Project Engineer must approve any deviation from the above daily and weekly work time constraints in writing. For the following conditions,the Contractor shall immediately remove his operation from the roadway and not resume until the Project Engineer gives permission: 1. If traffic at any time is backed up for 15 minutes or longer. 2. If traffic at any time is so adversely affected by the operation that the Project Engineer determines that the situation is unsafe. Subsection 108.04 shall include the following: The following working time limitations shall be in effect: "No work"shall be defined such that all equipment and traffic control devices shall be removed from the traveled way. The Contractor shall make accommodations as necessary for special events. All such schedule changes shall be approved by the Project Engineer. REVISION OF SECTION 203 POTHOLING Section 203 of the Standard Specifications is hereby revised for this project as follows: In Subsection 203.11, paragraph(e),add the following: Labor and materials required for subsurface and surface restoration following potholing activities shall nol be measured and paid separately but shall be considered included in the unit cost for this item. Subsurface restoration shall include flow fill to backfill the void created during potholing activities. Pay Item Pay Unit Potholing Hour REVISION OF SECTION 212 LANDSCAPE RESTORATION Section 212 of the Standard Specifications is hereby revised for this project as follows: Subsection 212.03 shall include the following: The Contractor shall replace any damaged landscape, including topsoil,sod(grass), irrigation system components, trees,shrubs,ground covers and mulch,to its original condition. Sod shall match existing. The Contractor shall coordinate with the Owner at least 5 working days in advance of starting work in the area. With proper and timely notification,the Owner shall mark and identify the irrigation system components. This is no way inclusive of all utilities or all of the irrigation system. No landscape shall be without watering services during the growing season. If the irrigation service is interrupted for more than three days,the Contractor shall be liable to hand/truck water and possibly all plant replacement in the affected landscape. Landscape Restoration shall be considered complete when the landscape and irrigation system is restored to its original condition and approved by the Owner. The Owner shall inspect all repair work to any irrigation components prior to burial and acceptance of said work. The Owner shall provide written acceptance of said work to the Engineer prior to the Engineer approving the work. [For questions regarding the landscape/irrigation areas,call the MOT Region 3 Landscape Specialist-Jen Klaetsch 970-683-6223] Subsection 212.08 shall include the following: Pay Item Pay Unit Landscape Restoration Lump Sum Payment includes all labor,equipment and materials necessary to complete the work. REVISION OF SECTION 503 DRILLED SHAFTS Section 503 of the Standard Specifications is hereby revised for this project as follows: Subsection 503.05 shall be deleted and replaced with the following: Concrete used in the construction of drilled shafts shall be Class D in accordance with section 601. Subsection 503.21 shall include the following: Caissons for traffic signal pole and mast arm structures in the S-Standard drawings shall be excluded from this testing. REVISION OF SECTION 612 LOCATION MARKERS Section 612 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Contractor shall furnish and install EMS Ball Markers at all Type 3,Type 4,and Type 5 pull boxes showf on the plans. MATERIALS EMS Ball Marker shall be a Full Range Electronic Marker Ball operating at the frequency of 101.4 kHz for communication line locating. The electronic marker ball shall be compatible with a Dynatel cable locator. These electronic markers shall be installed within 12 inches of the lid of said pull box,manhole or open trench. Electronic Markers may be fabricated into the pull box or manhole. CONSTRUCTION REQUIREMENTS EMS Ball Marker shall be installed inside each pull box,manhole or open trench at locations shown on the plan sheets. The Marker Ball shall be securely positioned for optimal output and prevent accidental removal. METHOD OF MEASUREMENT EMS Ball Markers will not be measured but shall be included with Item 613 TYPE PULL BOX. BASIS OF PAYMENT EMS Ball Markers will not be paid for separately but shall be included in the cost of Item 613 TYPE_PULL BOX. REVISION OF SECTIONS 613 and 715 ELECTRICAL CONDUIT& PULL BOXES Section 613 of the Standard Specifications is hereby revised for this project as follows: Subsection 613.01 shall include the following: This work includes furnishing and installing(HDPE)High Density Polyurethane, PVC electrical conduit, or metallic electrical conduit. Subsection 613.02 shall include the following: All materials furnished assembled, fabricated,or installed under this item shall be new,corrosion resistant and in accordance with this contract. All Conduits shall be schedule 80 or equivalent and shall be fully compatible with signal wiring and fiber optic cable. Pipe connections shall be made with manufacturer approved fittings and/or butt fusing. .HDPE conduit shall be certified by the manufacturer as meeting ASTM D3350. PVC conduit shall be certified by the manufacturer as meeting ANSI/UL 6 and 651. The manufacturer shall be ISO 9000 compliant. Transitions between polyurethane to metallic to PVC, if applicable, shall be made with manufacturer's approved couplers. Delete the twenty-first paragraph of Subsection 613.07 and replace with the following: Electrical conduit shall be UL listed Schedule 80 PVC or UL listed Schedule 80 HDPE. Electrical Conduit(Bored)shall be HDPE and installed using a trenchless technology of either jacked conduit or directional boring. Partial or unsuccessful bores shall be filled with a preapproved cement grout. Surface damage due to boring processes or procedures between bore pits or splice pits shall be repaired to original condition. Electrical Conduit(Plastic)shall be PVC or HDPE and installed by direct burial methods such as plowing, open trenching,or other excavation methods. When PVC is used,expansion fittings shall be installed at 100-ft intervals. Surface damage due to direct burial methods between pull boxes shall be repaired to original condition. Each individual conduit shall be equipped with a pull rope or tape of 1250 pounds tensile strength and be of a .design to prevent cutting or burning of conduit walls during cable installation. One conduit per bundle shall have a copper tracer wire of at least 12-gauge in a single conduit. The installation of conduit shall be performed in such a manner as to avoid unnecessary damage to streets, sidewalks,utilities, landscaping,and sprinkler systems. Excavations and conduit installation shall be performed in a continuous operation. All trenches shall be backfilled by the end work day. The material from trenching operations shall be placed in a location that will not cause damage or obstruction to vehicular or pedestrian traffic or interfere with surface drainage. 2 REVISION OF SECTIONS 613 and 715 ELECTRICAL CONDUIT& PULL BOXES Conduit installed under existing concrete or asphalt surfaces,particularly roadways shall be bored or jacked. Conduit installed under or near wetlands shall be bored. No open cutting in these locations will be allowed unless otherwise approved by the Engineer. The Contractor shall take all necessary precautions to avoid heaving any existing asphalt/concrete mat or over- excavating a trench,whether caused by equipment directly or by dislodging rocks and boulders. Any such heaving or over-excavation shall be repaired or replaced at the Contractor's expense. The Contractor shall bear the cost of backfilling all over-excavated areas with the appropriate backfill material as approved by the project engineer. The Contractor shall restore all surface materials to their preconstruction condition, including but not limited to pavement,sidewalks,sprinkler systems, landscaping,shrubs, sod,or native vegetation that is disturbed by the conduit installation operation. All repairs shall be included in the cost of the conduit. If the Contractor is unable to bore the conduit at the lengths shown on the plans from access point to access point, all splice couplings and associated work to splice conduit shall be included in the cost of this item. The coupling technology shall allow the conduit to be connected, form a watertight, airtight seal, and meet NEC standards. Breaking force between segments shall exceed 250 pounds of force. No metal fittings shall be allowed. No elevation difference between the conduit run and the splice location will be allowed. Conduit splices shall be kept to a minimum and all locations shall be approved by the project engineer. Additional pull boxes shall not be substituted for splices. All conduit ends, including empty conduit and those containing cables,shall be plugged with 3 inches of medium coarse brass wool. The brass wool shall be inserted 3 inches into the conduit end so that the brass wool is flush with the conduit opening. The amount of brass wool shall be of a sufficient amount so as to prevent the brass wool from sliding further into the conduit on its own and loose enough for removal by hand.Conduit ends shall be plugged at all pull boxes, poles and cabinets. All conduits shall use sweeps to elevate the buried conduits to within 4 inches of the bottom of the pull box or manhole,as shown in project details. The sweeps shall be terminated within the pull boxes and manholes to allow for easy installation and removal of the conduit plugs. The sweeps shall be set above the ground surface within the pull box at a height that does not interfere with the coiling of the cable.All underground,90 degree sweep conduit fittings,where required,will be UL listed PVC coated rigid metal conduit. All conduit runs shall have a limited number of bends. The sum of the individual conduit bends on a single conduit run between two pull boxes shall not exceed 360°. The preferred limit is 270°. No individual bend shall be greater than 90°. All conduit bends shall have a minimum acceptable radius of 24 inches. The Contractor shall place pull or splice boxes at conduit ends,at all wiring splices,at all conduit angle points, and at all other locations shown on the plans. Excavations for placement of pull boxes or conduit splices shall be back filled with class 6 aggregate base course. Compaction for class 6 material shall be in accordance with AASHTO T-99. All excess and demolition materials shall become the property of the contractor and shall be disposed of in compliance with all applicable laws. Pull boxes installed in non-surfaced areas shall have a concrete apron 12 inch wide by 6 inch deep. Pull boxes shall not be installed above the grade of the apron. Concrete apron shall have a 1%slope away from the top of pull box. All concrete aprons shall be Class B and shall be in accordance with Section 601. 3 REVISION OF SECTIONS 613 and 715 ELECTRICAL CONDUIT&PULL BOXES A minimum of 18 inches of 3/4 inch washed gravel shall be installed as'a base for the pull box to aid in drainage. The gravel shall be free of dirt and debris and spread evenly to facilitate a level base for the pull box. The Contractor shall ensure that sufficient compacting is made prior to the installation of gravel to help alleviate future settling. If new conduits are installed in existing pull boxes,manholes or cabinet bases the Contractor shall carefully excavate around the pull box or manhole and install the new conduit as shown in the plans.The Contractor shall not damage the existing pull box,manhole or their contents. If the existing pull box, lid,or the concfete collars are cracked or damaged during conduit installation,the Contractor shall restore the damaged section to preconstruction condition at no additional cost. Pull Box(Special)shall be a water valve stem type pull box and shall be constructed out of cast iron or steel. It shall include a cast iron or steel lid imprinted with the word"TRAFFIC"cast into the surface. Painting of the word shall not be accepted. The water valve stem type pull box shall have the capability of accepting riser rings for future pavement overlays. Both the water valve stem type pull box and its lid shall be designed for heavy traffic loads. Section 613.03 shall include the following: The excavation around the water valve stem type pull box shall be backfilled in accordance with the Plans. The water valve stem type pull box shall be protected by cold patch or other suitable protection,as approved by the Engineer, until the permanent backfill or concrete ring is installed. The lid shall be secured in place by applying waterproof silicone caulking or sealant. Section 613.11 shall include the following: Pull boxes will be measured as each complete in place. Section 613.12 shall include the following: Payment will be made under: Pay Item Pay Unit 2 Inch Electrical Conduit(Bored) Linear Foot 3 Inch Electrical Conduit(Bored) Linear Foot 1 Inch Electrical Conduit(Plastic) Linear Foot 2 Inch Electrical Conduit(Plastic) Linear Foot 3 Inch Electrical Conduit(Plastic) Linear Foot Pull Box(Special) Each Type Four Pull Box Each Type Five Pull Box Each The following items will not be measured and paid for separately,but shall be included in the work: (1) Partial or unsuccessful bores and any work necessary to abandonment (2) Restoring the ground to original grade and condition, including topsoil,seeding,mulching,mulch tackifier,soil retention blanket,sod,or turf reinforcement mat (3) The disposal of excess and demolition materials (4) Material required for pull box installations including gravel bedding,or concrete apron. 4 REVISION OF SECTIONS 613 and 715 ELECTRICAL CONDUIT& PULL BOXES Section 715 of the Standard Specifications is hereby revised for this project as follows: Subsection 715.06 shall include the following: Pull boxes and splice boxes shall be made of fiberglass reinforced polymer concrete. Pull boxes shall have pre- formed knockouts located in the short ends of the box to allow entry of the conduit. The Contractor shall submit test results documenting the minimum lateral pressure capacity of 1200 pounds per square foot distributed can be accommodated over the sidewall of the box. The Contractor shall submit test results documenting the minimum vertical load capacity of 18000 lbs over 10 inches x 10 inches square over both the side wall and cover. Pull boxes shall have a detachable cover with a skid-resistant surface and have the words"TRAFFIC"cast into the surface for traffic signal boxes or"CDOT COMM"cast into the surface for communication boxes. Painting of words shall not be accepted. The cover shall be attached to the pull box body by means of 3/8 inch lag head stainless steel hex head bolts and shall have two(2)lift slots to aid in the removal of the lid. Pull boxes shall be verified by a 3rd Party Nationally Recognized Independent Testing Laboratory as meeting all test provisions of ANSI/SCTE 77 2007 Specification for Underground Enclosure Integrity,Tier 22 rating. Pull boxes shall be UL listed.Certification documents shall be submitted with material submittals. REVISION OF SECTION 630 ADVANCED WARNING FLASHING OR SEQUENCING ARROW PANEL(B TYPE) Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the following: This work includes furnishing, installing and maintaining Advance Warning Flashing or Sequencing Arrow Panel. Subsection 630.031 is added following Subsection 630.03 as follows: 630.031 Advance Warning Flashing or Sequencing Arrow Panel. Advance Warning Flashing or Sequencing Arrow Panel shall be powered by solar panels. Arrow panel shall be furnished as a device fully self-contained on a portable trailer, licensed for normal highway travel, and shall include 4 leveling and stabilizing jacks. Arrow panel shall be stable in sustained winds of 80 MPH,plus gusts to 100 MPH. The arrow panel must meet MUTCD requirements. For solar powered units,the following shall also apply: .A)The photo-voltaic unit shall be designed to provide 15 days of continuous operation without sun,at or below- 10 degrees Celsius,(15 degrees Fahrenheit),at maximum sign load with no performance loss. B)Automatic recharging of the power supply batteries shall be provided. C)In addition to the onboard solar power supply the arrow panel shall be capable of recharging the batteries from, and operating on 120 volt AC commercial electrical service or portable generator. D)Arrow panels shall be capable of maintaining all required operations under Colorado mountain-winter weather conditions. Subsection 630.12 shall include the following: Operation, relocation to different sites,storage, maintenance and all repairs of arrow panels shall be the responsibility of the Contractor. Sign Failure: The Contractor shall repair or replace a non-operational arrow panel immediately. If any element of the equipment named in this specification is unable to perform its intended function as described herein in any way, the sign shall be considered non-operational. REVISION OF SECTION 630 TRAFFIC CONTROL MANAGEMENT Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.11 shall include the following: Traffic Control Management shall include all Traffic Control Supervisors and helpers necessary to perform the work. There shall be a minimum of one helper for each Traffic Control Supervisor required for the project. At least one Traffic Control Supervisor and one Helper shall be on site at all times when construction activities are underway. Helpers for the Traffic Control Management item may give flagger breaks. However,the time shall be included in the item for Traffic Control Management,and shall not be paid as additional flagging hours. The TCS helper(s)shall be paid Traffic/Sign Laborer wages. The Traffic Control Supervisor shall be paid Truck Driver/ Pickup Truck(Includes Pilot and Sign/Barricade Truck)wages for all hours that they are on the project. TRAFFIC CONTROL PLAN-GENERAL The key elements of the Contractor's method of handling traffic(MHT)are outlined in subsection 630.10(a). The components of the TCP for this project are included in the following: (1) Subsection 104.04 and Section 630 of the Specifications. (2) Standard Plan S-630-1,Traffic Controls for Highway Construction,Case 18 and Standard Plan 5-630-2. (3) Construction Traffic Control Notes and Tabulation of Construction Traffic Control Devices. Unless otherwise approved by the Engineer,the Contractor's equipment shall follow normal and legal traffic movements.The Contractor's ingress and egress of the work area shall be accomplished with as little disruption to traffic as possible.Traffic control devices shall be removed by picking up the devices in a reverse sequence to that used for installation.This may require moving backwards through the work zone,but is limited to within the lane or shoulder closures. When located behind barrier or at other locations shown on approved traffic control plans,equipment may operate in a direction opposite to adjacent traffic. CDOT may have entered into operating agreements with one or more law enforcement organizations for cooperative activities. Under such agreements,at the sole discretion of CDOT, law enforcement personnel may enter the work zone for enforcement purposes and may participate in the Contractor's traffic control activities. The responsibility under the Contract for all traffic control resides with the Contractor and any such participation by law enforcement personnel in Contractor traffic control activities will be referenced in either the Special Provisions or General Notes of the plans depending on whether the Contractor is to hire local law enforcement or if CDOT is contracting with Colorado State Patrol for uniformed traffic control.Nothing in this Contract is intended to create an entitlement,on the part of the Contractor,to the services or participation of the law enforcement organization. Special Traffic Control Plan requirements for this project are as follows: The Contractor shall not place a lane closure in the up-valley direction towards Aspen during the hours of 6am to 9am. The Contractor shall not place a lane closure in the down-valley direction towards Glenwood during the hours of 3pm to 6pm. During the construction of this project,traffic shall use the present traveled roadway unless identified on the plans or approved by the Engineer. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless approved by the Engineer. The Contractor shall perform any work requiring a lane closure on the highway in accordance with the Colorado Department of Transportation Region 3 Lane Closure Strategx. At least one week prior to starting construction,the Contractor shall notify the Project Engineer of the date the Contractor intends to start construction The Contractor shall not have temporary traffic control on site during any project shutdown period so that no traffic control inspections(TCI)are required during the shutdown period. The Contractor shall notify the Project Engineer at least 14 calendar days prior to any use of uniformed traffic control for coordination with Colorado State.Patrol. As work progresses after initial notification to the Project Engineer,the Contractor shall provide 5 calendar days advance notice any changes in the schedule to provide adequate coordination with CSP. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. REVISION OF SECTION 613 ELECTRICAL CONDUCTOR IDENTIFICATION Section 613 of the Standard Specifications is hereby revised for this project as follows: Subsection 613.08 shall include the following: All electrical conductors shall be tagged as follows: Electrical conductor cable tags shall be located below the termination in the base of the street light, in the pull box, in the pedestal,and at the point of termination to existing facilities of the Local Utility Company supplying electrical service. The tags shall be attached with a cable tie. The information written on the tag shall include the direction and approximate length of cable,feeds running from where and to,etc. Each incoming conductor shall be individually color coded with 1 tape mark, while outgoing conductors shall have 2 tape marks. Example: Uniform tags are available in a Tag Kit. The Tag Kit consists of: 100 tags,3 part yellow with 1 hole, 100 black nylon ties and 1 black Sharpie pen. Size 2.5 in x 5.0 in Standard Package Kit Weight, Kit,Approx. 1.5 lb Color Yellow Stock Unit of Measure Kit * Kit contains 100 tags, 100 nylon ties and 1 Sharpie pen. Subsection 613.12 shall include the following: Electrical conductor tagging will not be paid for separately, but shall be included in the cost of wiring. REVISION OF SECTION 614 SIGNAL BONDING AND GROUNDING Section 614 of the Standard Specifications is hereby revised for this project as follows: Subsection 614.10(c)shall include the following: All metallic appurtenances containing electrical conductors shall be made mechanically and electrically secure to form a continuous system which shall be effectively grounded. The grounding conductor shall be#6 AWG copper,solid or stranded, insulated or bare. A stranded, insulated grounding conductor shall be installed in the same conduit as the signal field wiring to each pole,pedestal and control box.The grounding conductor shall be bonded to the grounding electrode at each pole,pedestal or control box. The bonding of a stranded grounding conductor to the grounding electrode shall be made by connecting the stranded grounding conductor to a solid grounding conductor by means of an irreversible compression connector. The solid grounding conductor shall be a minimum of 12 inches in length and connected to the grounding electrode with an approved, listed grounding clamp. The bonding of a stranded grounding conductor to a pole shall be made by connecting the stranded grounding conductor to a solid grounding conductor by means of an irreversible compression connector. The solid grounding conductor shall be bonded to the pole as shown in the detail. Multiple stranded grounding conductors may be attached to one solid grounding conductor provided a minimum of 6 inch clearance is provided between the irreversible compression connectors,as approved by the Engineer. The span and tether cables shall be bonded to the pole by means of a bare,solid grounding conductor. The grounding conductor shall be bonded to the span and tether cable by means of a listed irreversible compression connector installed after the strandvise connection to the pole.The grounding conductor shall be bonded to the pole by means of a listed lug installed with a minimum 5/16 inch diameter bolt, drilled and tapped into the pole. The lug shall be installed in the same horizontal plane as the connection of the span or tether cable. The grounding conductor shall be of sufficient length to provide a drip loop between cable connection and lug.The contact area of lug to pole shall be cleaned of all paint and foreign matter to bare metal,the lug installed and the bare metal shall then be primered and painted to match existing color of pole. A separate grounding conductor and lug shall be required for each span and tether cable. 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