HomeMy WebLinkAboutresolution.council.123-23RESOLUTION # 123
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CHANGE ORDER TO THE CONTRACT
BETWEEN THE CITY OF ASPEN AND FRONTIER PAVING, INC.
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO. ADDITIONALLY THIS
RESOLUTION AUTHORIZES THE CITY MANAGER TO EXERCISE
ADMINISTRATIVE OVERSIGHT OF CHANGE ORDERS FOR CITY
PROJECT #2022-202 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY OF ASPEN
COLORADO.
WHEREAS, there has been a change order to the executed contract between
the City of Aspen and Frontier Paving, Inc., a true and accurate copy of which is
attached hereto as Exhibit "A";
WHEREAS, the City Council has determined it is in the best interest of the
City of Aspen to authorize the City Manager to exercise administrative oversight
of change orders associated with the Frontier Paving Inc. contract for an amount
not to exceed $100,000 and execute said change orders on behalf of the City of
Aspen, Colorado.
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 Change Order
02 to the Contract for asphalt mill and overlay construction, between the City of
Aspen and FRONTIER PAVING, INC. 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.
That the City Council of the City of Aspen does hereby authorize the City
Manager to exercise administrative oversight of any change orders for an amount
not to exceed $100,000 and execute said change orders on behalf of the City of
Aspen, Colorado.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 22" d day of August 2023.
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Change Order Form Revision 12/08/2021
Change Order Form
CITY OFASPEN
G@M@r§I Ire &MOtlon
Vendor Frontier Paving Inc.
Change Order Number 02
Date of Issuance 7/18/2023
Project Name 2023 Asphalt Overlay Project
Project Number 2022-202
Project Completion Date June 23, 2023 (planned)
Project Manager Trish Aragon
COA Account Code 000.327.81200.52199.50471
Prolm Itifo'rmiltion
Description Of Service The additional scope of work includes the full width roto-milling
to remove 2 inches of asphalt thickness, and a new 2.0-inch
asphalt mill and repave mat placed to bring the street to grade.
Description Of Change Complete asphalt mill and overlay on the additional street
Order segment of Main Street
Contract Informatim
Original Contract Amount $854,000
Previous Change Order(s) $119,846
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Change Order Form Revision 12/08/2021
Change Order Amount
(If Over 50k Change Order
To Be Presented To Council
For Approval)
Final Contract Amount
(Including All Change
Orders)
Revised Completion Date
S!Ahatuf@
1. Contractor (Required)
2. Project Manager
(Required)
3. Department Head
(Required)
4. Procurement Officer
(Required)
5. City Attorney (Required
Based On Value Of
Thresholds)
6. City Manager (Required
Based On Value Of
Thresholds)
$547,951
$1,521,797
October 15, 2023
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original umtrAct; it applitahla all 6thi@r chahp ardor§, Ahd votidcir qu6t@ fto f04Ue§t@d
chAhg@ nrd@r Faust ha Attathad to this dhtUffi@rit,
Fot addltlohal ififomiAtlow 5C@ i r6wramot Polity „Cl wlp Order§ phd Add §@rvices
l ediiest" (Page 30),
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RO, Sox 1167
Slit, Colorado 61652
QNlov 670,625,2224
Fox 070,625,2716
U m e c: oRO: 070,020.652fi_
City of Aspen
630 B, Main
Aspen CO 01011 Hwy 02 Asphalt MITI and Pave
Aspen CO
tri:h.ivaYk?P1 pAfLLdier
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Quantity
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ExlymLo n
2" depth mill for averlay haul City
0320
6Y
S
14,50
1111 130,140,00
Traffic C control
10
DY
$
31200,00
® 321000,00
21, Pave 9,320 SY
1000
TN
$
230,00
260,700,00
Mobilization
1
1.6
6
32,500,00
,11600,00
460,340,00
Option A Titer 2
2" depth mill for overlay haul City
2100
SY
$
14,50
31,471,00
Traffic C control
2
DY
111
31200,00
6 4,400,00
2" Pave 2,190 SY
250
TN
S
230,00
ce 4AQ,09
li 07,011,00
Note*:
' No COOT or City Specification apply,
' Conduit or wire associated with any street signal lights excluded,
Pavement marking
excluded,
" Bond Included
'Work hours are not restricted,
UNI.IGG OTHBRMll60 NOTED, THIS 16 A UNIT PRICK PROP06AL
All of the above work to be completed In a workmanlike manner for the above slated *um,
Important; The terms and conditicns staled on page 2 hereof are expraaely made to part of this contract,
This proposal shalt not become a binding conlracl unleeia and until the Mooplattca of Pmposal and
Conlirrnallon Dy Conireclo► on papa 2 has bears executed, This proposal must bd acoupted as provided
and daliverad to Frontiar Paving Ina, 20 days from 40ova date or It shall expire.
Accepted Proposal N 14320
Dalw -
By:, -_ _
Print Name:. - _
Page 1
Hospeollully submitted
Prontlar Paving Inc,
BY;
Dave Holberger
uuuu JllylI CI Ivuluyu IL).'+000WVrV-I / I I
P.O. Box 1167
Silt, Colorado 81652
TERMS AND CONDITIONS
Office 970.625.2224
Fax 970,625.2715
This contract amount Is payable to Frontier Paving Inc. for monthly work as it progresses with the entire balance payable
upon completion unless otherwise provided in this contract or in the plans and specifications. Unless otherwise specified
herein, the plans and specifications, if any, are expressly made a part of this contract. The contractor shall perform all the
work in accordance with the terms of the plans and specifications.
If payments for work are not made when due, the contractor may stop work or terminate this contract and recover from
the customer payment for all work executed and any loss sustained and reasonable profit and damages. It is hereby
mutually agreed that the contractor shall not be held responsible or liable for any loss, damage, liquidated damages
or delay caused by fire, strike, civil or military authority or any other cause beyond its control.
The customer may order additional work or changes in writing at any time, at an agreed price or at the contractor's regular
rates for the time and material work.
A late charge of 18% per annum on the outstanding balance may be imposed upon all pat due amounts. Customer
agrees to pay all costs of collection and a reasonable attorney's fee if the account becomes delinquent and is referred
for collection.
ACCEPTANCE OF PROPOSAL
The prices, specifications, term and conditions stated above and on page 1 hereof are satisfactory and are hereby accepted.
By acceptance, I understand that a binding contract has been created when confirmed by Frontier Paving Inc.
ACCEPTED PROPOSAL # 14320
Dale:
Dafe
Signature: _
CONFIRMATION BY CONTRACTOR
Page 2
FRONTIER PAVING INC.
By:.
Dave Heiberger
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404 40
CIT Y OF ASPEN
Submittal #4
Specification Section 4.00 Hot Mixed Asphalt -
Technical Specifications for the 2023 Asphalt Overlay
Project
Project: City of Aspen- 2023 Asphalt Overlay Project -
City of Aspen Project Number: 2022-202
Date: July 21, 2023
Owner/Project Manager: Trish Aragon, P.E.- City Engineer- City of Aspen
Engineering
427 Rio Grande Place
Aspen, CO 81611
Phone: 970-429-2785
Email: trish.aragon@aspen.gov
Engineer: N/A
Contractor: Frontier Paving, Inc.
854 Bedrock Lane
Rifle, CO 81650
Damian Ellsworth- O. (970) 625-2224 C. (970) 989-0077 Email:
damian@frontierpavinginc.com
Subcontractor: N/A
Manufacturer: Frontier Paving, Inc.
854 Bedrock Lane
Rifle, CO 81650
Damian Ellsworth- O. (970) 625-2224 C. (970) 989-0077 Email:
damian@frontierpavinginc.com
Page 1 of 3
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Supplier: Frontier Paving, Inc.
854 Bedrock Lane
Rifle, CO 81650
Damian Ellsworth- O. (970) 625-2224 C. (970) 989-0077 Email:
damian@frontierpavinginc.com
Specification section: 32 1216- 13.5- Asphalt Mix Design
Attachments: Asphalt Testing Services- Asphalt Pavement Mixture Design
One -Point Verification- Superpave Mixture Design Method. Grading SX75
Virgin PG58-28. Silt Sand and Gravel Pit. Frontier Paving Inc. dated
5/16/23.
Remarks
(Area below for use by Owner/Project Manager)
Phil Vaughan- PVCMI- Construction Manager as Advisor
O. 970-625-5350. C. 970-379-0428 Email: phil@pvcmi.com
Project: City of Aspen- 2023 Asphalt Overlay Project
No Exceptions Taken X
Rejected/Resubmit
Make Noted Corrections
Other
Reviewed by: Phil Vaughan-PVCMI Date: 7/21/23
Corrections or comments made on Contractor's shop drawings/submittals during this review do not relieve the Contractor from
compliance with contract drawings and specifications. This shop drawing/submittal has been reviewed for conformance with
the design concept and general compliance with the contract documents only. Contractor is responsible for confirming and
correlating all quantities and dimension, fabrication processes and techniques, coordinating work with other trades, and
satisfactory and safe performance of the work. Approval of shop drawings/submittals is contingent on full compliance with any
specified warranty terms and conditions. City of Aspen review of submittals relies and is conditional upon Contractor's
preceding review and approval.
Additional review notes:
Specification 4.00 Hot Mixed Asphalt- Technical Specifications for the
2023 Asphalt Overlay Project
APPROVED
Page 2 of 3
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This Asphalt Mix Design has been approved for the City of Aspen Main Street Mill and
Overlay- Fall 2023.
Additional submittal required:
None
Page 3 of 3
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AMA
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5"701 pannark Strad a ❑®near, CO RAW
(303)941.540 www,aaphaltta,+esm
To; Charles Ellsworth
Frontier Paving Inc,
P,O, Box 1167
Silt, CO $1062
Re; Asphalt Pavement Mixture Design One -Point Verification
Superpave Mixture Design Method
Grading SX76 Virgin P066.26
Silt Sand & Gravel Pit
AASH Q
^Cigna01ff, D
May 16, 2023
Mr, Ellsworth,
Enclosed are results of a one -point asphalt pavement mixture design verification, done In accordance with
Colorado, AASHTO, and/or ASTM standards and procedures, using the Superpave Compactor for specimen
compaction. The aggregates used in the mix design are from the Silt Sand & Gravel Pit. The asphalt cement
used in the mix design consisted of a PC W28, with a specific gravity of 1.028, supplied by Peak, A 0,6%
Evothlerm M1 anti•etripping additive was used In this mixture.
The aggregate woe blended to meet grading SX criteria by combining 32% 5/8" Rock, 58% Crusher Fines, and
10% Natural Fines, The Individual gradations, combined blend and aggregate physical properties are presented,
along with a graphical presentation of the combined gradation plotted on a 0,46 Power Graph in the design,
This design was performed using 100 mm molds in a Superpave gyratory compactor to an Nor,,a of 75 gyrations,
The design was performed at asphalt cement contents of 4,6, 6,0, 6,6 and 6,0 peroent, The rssuits of the tests
performed of each asphalt content are outlined, and graphically presented. Bawd on these lest results, and
criteria, an optimum asphalt cement content of 5,3% was determined, This asphalt cement content Indicates a
theoretical maximum specific gravity of 2A88, 37% air voidsa,14,t3% voids in mineral aggregate and 781 Ali voids
filled, The effective specific gravity of the aggregate In the mix Is 2.703, and the combined bulk specific gravity
Is 2,664,
This hot mix asphalt mixture design is: based on specific materials and laboratory preparation of test specimens,
Variations between laboratories and variation between laboratory produced and field produced samples should
be anticipated, If you have any questions on the design presented, please contact us at your convenience,
Sincerely,
Jarrett Welch
President
Reviewed by;
DO L
Michael Robinson P, E.
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Mix Design; FRONTIER OX78 VIRGIN ONE -POINT P088•28
DESIGN AGGREGATE STRUCTURE
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Mix Design: FRONTIER EX76 VIRGIN ONE -POINT POSO.26
Mixing Temperature; 300" F Mixing Range; 205-345` F
Compaction Tarnperatww 250° F Campactlan Range; Z It --41b F
ASPHALT CONTENT DETERMINATION
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2.315� _ T-- _ _�2,381 2,404 2,423
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Change Order Form Revision 12/08/2021
CITY OPASPEN
��ii�r�f ItlfriPi�etfvin
Vendor
Change Order Number
Date of Issuance
Project Name
Project Number
Project Completion Date
Project Manager
COA Account Code
Frontier Paving Inc.
01
02-17-2023
2023 Asphalt Overlay Project
2022-202 RESO 133-2022
June 23, 2023 (planned)
Scott Wenning
000.327.81200.52199.50471
Change Order Form
Description Of Service The additional scope of work includes the full width roto-
milling to remove 1.5-inches of asphalt thickness, sub -base
repair work completed where necessary, and a new 2.0-
inch asphalt mat placed to bring the street to grade in
accordance with the construction requirements and
specifications described for project 2022-202.
Description Of Change Complete asphalt mill and overlay on the additional street
Order segment of West Smuggler from North 4th St to North 7th St.
�df9%r��ir fri�arm�fltyr!
Original Contract Amount $854,000.50
Previous Change Order(s) $N/A
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Change Order Form Revision 12/08/2021
Change Order Amount
(If Over 50k Change Order
To Be Presented To Council
For Approval)
Final Contract Amount
(Including All Change
Orders)
Revised Completion Date
%Ighatur@
1.
Contractor (Required)
2.
Project Manager
(Required)
3.
Department Head
(Required)
4.
Procurement Officer
(Required)
5.
City Attorney (Required
Based On Value Of
Thresholds)
6.
City Manager (Required
Based On Value Of
Thresholds)
$119,846
$973,24 7
June 23, 2023 (planned, not changed)
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RESOLUTION #133
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND FRONTIER PAVING. INC. AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract,
between the City of Aspen and Frontier Paving,Inc., a true and accurate copy of
which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
asphalt mill and overlqy construction, between the City of Aspen and FRONTIER
PAVING INC. a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 291 day of November 2022.
IwAwme�
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, November 291, 2022.
Nicole Henning, City lerk
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RocuSign Envelope 10- 8478$CD5_fi&16_4798-63C3+F2E30EB6876
C;IT'Y OF ASPEN
CONTRACT FOR CONSTRUCTION
(short Farm) 2022403rovl
THIS CONTRACT, made and entered into on 10/19/2022, by and between the CITY
OF ANFIN, Colorado, hereinafter called the "City', and Frontier Paving Ing,
hereinafter called the "Contractor",
THEREFORE, in consideration of the mutual covenants and Contracts herein contained,
and for other good and valuahle consideration, the receipt and adequacy of which are
hereby acknowledged, the parties hereto hereby agree as follows:
1, Construction of Project, Contractor agrees to famish 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 Exhihit
"A" which is incorporated herein as if fully set forth (the "Project"),
2, Planf and Sp®elfleatlonls, Compliance with laws, The Project is to he
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 Ashen Procurement
Code, Title 4 of the Municipal Code, including the approval requircinents of Section 4•
00-040, 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, City
Staff shall apply for any accessary permits on the Contractors behalf: Contractor shall be
permit holder.
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 servleea required by this Contract, and the construction and
completion of the Project, City agrees to prey Contractor it Burn not to exceed Eight
Hundred Fifty -Four Thousand Dollars and Fifty cents ($ &MtQ04.54) 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
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same not later than June 23, 2023, 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
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 aril fixed ill
writing, signed by City and Contractor, prior to performance.
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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 shall 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 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.
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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 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 dcmands 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 dcfcnsc 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
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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 in addition to any other insurance requirements imposed by this contract
or by law. The Contractor shall not be relieved of any liability, claims, demands, or other
obligations assumed pursuant to the terms of this Contract by reason of its failure to procure
or maintain 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
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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 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] der .s 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."
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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
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
Attn: Scott Wenning
427 Rio Grande Place
Aspen, Colorado 81611
To Contractor:
Frontier Paving Inc.
PO Box 1167
Silt, CO 81652
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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).
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.
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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.
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 lunited 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
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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.
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. Pur usr. 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,
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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 terns 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.
"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:
and
(i) Contractor does not knowingly employ or contract with an illegal alien;
(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.
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CC5-971.doe
(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
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 contracting
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 cstablished 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.
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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.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for
Construction on the date first above written.
ATTE§.TX, P,gY:
�l,D�t. 1+iUndtitV�/�
APPR.YCP� S TO FORM:
By:
City Attorney
CITY OF AS P�N, COLORADO
By:
Title: city Manager
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ATTESTED BY:
Ooc Algnoa by:
CONTRACTOR:IV
awllaan, �SW64
25dE7BR3CF6N4A
By:
Damian Ellsworth
Title: vice President
10/24/2022 1 2:23:34 PM MDT
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.
.4
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