HomeMy WebLinkAboutresolution.council.131-17 RESOLUTION #131
(Series of 2017)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ELAM CONSTRUCTION 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
milling and overlay of asphalt on the Marolt Trail, between the City of Aspen and
Elam Construction, 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
the milling and overlay of asphalt on the Marolt Trail, a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manager to
execute said contract on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 25`h day of September, 2017.
l�
Steven Sk dron, Mayor
I, Linda Manning, 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, September 25th, 2017.
n&L ui�t G
Linda Manning, City Cler
CONTRACT FOR CONSTRUCTION
(ShortForm)
THIS CONTRACT, made and entered into on September 25,2017, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and KILGORE
COMPANIES, LLC dba ELAM CONSTRUCTION, 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 ftdly 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 SEVEN THOUSAND THREE HUNDRED SIXTY FOUR
($77,364.00)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 November 3, 2017, subject to such
delays as are permissible tinder 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
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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, onissions 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
CC5-971 doc Pagc'.2
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 herehi. 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
CC5•971 dac Page:3.
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 clahned to be
caused in whole or in part by, the wrongfid 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.
CCS-971,doc Pager 4
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 tlhis 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.
U. 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. Worbwnen'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.
CC5-971 doc Page:5
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)days 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 tisk 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.
CC5-971.dm Page:6
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
Parks Department
130 South Galena Street
Aspen, Colorado 81611
To Contractor:
Kilgore Companies dba Elam Construction
7057 W.2100 South
Sall Lake City, UT 84128
subject to die right of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United Slates 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.
CC5.971.doc Page.7
(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 maturer 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,workers 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.
CC5.971.doe Page:8
f ('
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,govered 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 Viet
Nam 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 Viet Nam 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.
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f
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 5;24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature
passed House Bills 06-1343 (subsequently amended by 1-IB 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.
CCS-971.doc Page. 10
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.
"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
CC5.971.doc Page,11
Basic Pilot Program prior to entering into the Public Contract for Services,
Contactor 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 contacted 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) Contactor 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 Contactor 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.
CC5.971 doe Page: Q
(ix) If Contractor operates as a sole proprietor, Contractor hereby
swears or affirms under penalty of perjury that the Contractor (I) 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 seg., 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 Sienatures 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 Patty 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.
AT S DPY:,J CITY OF SPEN,COLOO�RRAD�O���
By; `
Title: C i?ly �o eesyr
APPROVED AS TO FORM:
By: s -
MmM.dcc Page:13
Ft
City Attorney
ATTESTED BY: CONTRACTOR:
B :
Title:p-S1Ped MAt74 m CYV�
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 Page14
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF ) SS.
COUNTY
COUNTY OF t
On this _ day ofl , r , 20P, before
me appeared
to me
personally known�,7 who, being by me first duly sworn, did say that s/he is
i-Ya.Q'h �4 ra i ICs.�ecn Of
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.
Notary Public
Address
My commission expires: ;to.,t
MOISES HERNANDEZ
NOTARYPUBLIC
STATE OF COLORADO
NOTARY ID 20154026231
MY COMMISSION WIRESJULY9,2019
CCS-971.doe Page, 15
General Scope of Work:
2017 Asphalt Trails Overlay
The City of Aspen Parks Department has issued an invitation to bid to overlay asphalt multi-use trail as illustrated in the
attached Vicinity Map and described as follows:
Trails:
Marolt Trail—
o Approximately 1425 linear feet of trail overlay.
o There are seven tree-root caused humps in this area that will be milled,patched and covered with Petromat
prior to overlay.
o There are twenty-six(26)identified cracks greater than '/-" in this zone slated for repair prior to overlay.
Assume 4 foot wide Petromat to be laid on these for approximately 260 linear feet.
Construction Standards:
• Please refer to City of Aspen Asphalt Trail Standards attached to this scope of work.
• Asphalt Crack Repair is defined as: mill transverse cracks to full asphalt depth,patch and compact with hot mix
asphalt per specifications,and cover with full trail width(10')Petromat two feet on either side of crack(4' x 10'
Petromat patch per crack).
• As noted in the specifications,all new asphalt edges shall be backfilled with certified weed free top soil to a 2'
width from overlay edge.
• Trail traffic control and construction notification signs and warnings will be placed by City Parks' staff.
• Asphalt compaction testing shall be required every 300 trail feet with reports submitted to the project manager
upon completion of the overlay.
• A bid bond will not be required.
Timeline
All terms of the.trail overlay contract shall be completed by October 20,2017. The contractor shall provide a minimum of
one week notification prior to starting work,
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.CITY OF ASPEN TRAILS PLANT MIX PAVEMENTS-GENERAL
DESCRIPTION
401.01 These specifications include general requirements that are applicable to all types of hot mix asphalts irrespective of gradation of
aggregate, kind and quantity of asphalt cement,or pavement use. Deviations from these general requirements will be indicated in the
specific requirements for each type.
This work consists of one or more courses of bituminous mixture constructed on a prepared foundation in accordance with these
specifications and the specific requirements of the type under contract,and in conformity with the lines,grades,thicknesses,and typical
cross sections shown on the plans or established.
MATERIALS
401.02 Composition of Mixtures.The bituminous plant mix shall be composed of a mixture of aggregate,filler or additives if regtdred
and approved,asphalt cement,and reclaimed material if permitted and used.
(a)Mix Design. The Contractor shall submit the following to the Engineer: _
(1)A proposed hot mix asphalt mix design,including a proposed job-mix gradation for each mixture required by the Contract
which shall be wholly within the Master Range Table in Section 703 (CDOT Standards Specifications for Road and Bridge
Construction)before the tolerances shown in Section 401 are applied.The weight of lime shall be included in the total weight
of the material passing the 75 pm(No.200)sieve.
(2)The name of the refinery supplying the asphalt cement and the source of the anti-stripping additive.
(b).Nizneres Furnished to the Project. After the job-mix formula is established, all mixtures furnished for the project shall conform
thereto within the ranges of tolerances listed in Table 401-1
Table 401-1
Asphalt Content =0.3%
Asphalt Recycling Agent t0.2%
Temperature of Mixture When Discharged from Mixer ±20 OF
rHot Mix Asphalt-Item 403
t` t
=Passing the 9.5 mm(flinch)and larger sieves ±6%
2 Passing the 4.75 mm(No.4)and 236 mm(No.8 sieves) f5%
2Passing the 600 pm(No.30)sieve ±4%
21'assing the 75 pm(No.200)sieve ±2%
AWben 100%passing is designated,there shall be no tolerance.When 90-100%passing is designated,90%shall be the minimum;no
tolerance shall be used.
2These tolerances apply to the Contractor's Quality Control Testing.
401.03 Aggregates.Aggregates shall meet the applicable requirements of Section 703 (CDOT Standards Specifications for Road and
Bridge Construction)-Aggregates.Aggregate gradation will be SX.
401.04 Mineral Filler.Mineral filler shall meet the requirements of subsection 703.06 .(CDOT Standards Specifications for Road
and Bridge Construction)
401.05 Hydrated Lime.Hydrated lime shall meet the requirements of subsection 712.03(CDOT Standards Specifications foi Road
and Bridge Construction). .
401.06 Asphalt Cements.PG binder requirements will be Type PG 58-28 The asphalt cement shall meet the applicable requirements
of Section 702-Asphalt Cements(CDOT Standards Specifications for Road and Bridge Constriction).
CONSTRUCTION REQUIREMENTS
401.07 Weather Limitations and Placement Temperatures. Hot mix asphalt shall be placed only on properly prepared unfrozen
surfaces which are free of water,snow,and ice. The hot mix asphalt shall be placed only when both the air and surface temperatures
equal or exceed the temperatures specified in Table 401-3 and the Engineer determines that the weather conditions permit lite pavement
to be properly placed and compacted.
Table 401-3
PLACEMENT TEMPERATURE LIMITATIONS IN OF
Compacted Layer Minimum Surface and Air Temperature OF
Thickness in inches Layers Below
Top Layer Top Layer
<I%: 60 50
1 Y+--<3 50 40
3 or more 45 35
Note:Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed.
irlhe temperature falls below the minimum air or surface temperatures,paving shall slop.
The Contractor shall schedule the work so that no removed surface is left without resurfacing for more than one calendar day. The
Contractor shall immediately place a temporary hot mix asphalt layer on any surface that has been removed and cannot be resurfaced in
accordance with the above temperature requirements within len calendar days after being removed. The Contractor shall maintain the
temporary layer for the entire period that it is open to traffic.Distress which affects the ride,safety,or serviceability of the temporary
layer shall be immediately corrected to the satisfaction of the Engineer.The temporary hot mix asphalt layer shall be removed when
work resumes.
401.08 Bituminous Mixing Plant. The bituminous mixing plant shall be capable of producing a uniform material, have adequate
capacity,and be maintained in good mechanical condition.Defective parts shall be replaced or repaired immediately if they adversely
affect the proper functioning of the plant or plant units,or adversely affect the quality of the hot bituminous plant mix.
Dust, smoke, or other contaminants shall be controlled at the plant site to meet all air quality requirements in accordance with the
Colorado Department of Public Health and Environment. -
Hot bituminous plant mix shall not be stored longer than nine hours,unless additional protective measures are used and approved.
401.09 Hauling Equipment.All vehicles and equipment used on site will be properly maintained such that the engines will function
within manufacture's standards or parameters. Emissions from diesel enghres operated within the City of Aspen shall be of a shade or
density no darker than 40%opacity,except for starting motion no longer than 10 seconds or for stationary operation not exceeding 10
seconds. Trucks used for hauling bitruninous mixtures shall have tight,clean,smooth metal beds thinly coated with a minimum amount
of paraffin oil, lime solution,or other approved release agent. Petroleum distillates such as kerosene or fuel oil will not be permitted.
Each truck shall have a cover of canvas or other suitable material to protect the mixture from the weather.
401.10 Bituminous Pavers.Self-propelled bituminous pavers shall be provided and equipped with an activated screed assembly,heated
if necessary, capable of spreading and finishing the bituminous plant mix material in lane widths applicable to the typical section and
thicknesses shown in the Contract. Pavers used for patching shall be capable of spreading and finishing courses of asphalt plant mix
material in widths shown in the Contract.
Pavers shall be in good working conditions and property maintained with no fuel or hydraulic leaks.
The paver's receiving hopper shall have sufficient capacity for a uniform spreading operation and shall have an automatic distribution
system that will place the mixture uniformly in front of the screed.
The screed or slrikeoffassembly shall produce the specified finished surface without tearing,shoving,or gouging the mixture.
The paver shall be capable of operating at forward speeds consistent with uniform and continuous laying of the mixture. Stop and go
operations of the paver shall be avoided.
The bituminous paver shall be equipped with a means of preventing the segregation of the coarse aggregate particles from the remainder
of the bituminous plant mix when that mix is carried from the paver hopper back to the paver augers.The means and methods used shall
be approved by the paver manufacturer and may consist of chain curtains,deflector plates,or other such devices and any combination
ofthese.
Prior to the start of using the paver for placing plant mix,the Contractor shall submit for approval a full description in writing of the
means and methodologies that will be used to prevent bituminous paver segregation. Use of the paver shall not commence prior to
receiving approval from the Engineer.
The controls shall be capable of maintaining the screed at the specified transverse slope within plus or minus 0.1 percent.
If the Contractor fails to obtaht and maintain the specified surface tolerances, or quality standards the paving operations shall be
suspended until satisfactory corrections,repairs,or equipment replacements are made.
401.11 Tack Coat.Tack coat shall be applied between pavement courses unless otherwise ordered by the Engineer.
401.12 Surface Conditioning.Irregularities in the existing pavement or base shall be brought to unifonn grade and cross section.
Prior to placing lack coat and beginning overlay work,the surface to be tack coated shall be swept to remove accumulations of loose
gravel and debris.
Bituminous plant mix shall be placed only on properly constructed surfaces that are free from substances that would adversely affect
the pavement quality.
Contact surfaces of curbing,gutters, manholes,and other structures shall be painted with a uniform coating of asphalt cement prior to
placing bituminous mixture against them.
401.15 Mixing.The dried aggregates and asphalt shall be combined in the mixer in the quantities,required to meet the job-mix formula.
The materials shall be mixed until the aggregate is completely and uniformly coated,and the asphalt is uniformly distributed throughout
the aggregate.
The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as shown in Table 401-
5:
Table 401-5
Asphalt Grade Minimum Mix Discharge Minimum Delivered
Temperature,*F* Mix Temperature,°F**
PG 58-28 275 235
PG 64-22 290 235
PG 76-28 320 280
PG 64-28 320 280
PG 58-34 300 280
*The maximum mix discharge temperature shall not exceed the minimum discharge temperature.by more than 30 OF.
**Delivered mix temperature shall be treasured behind the paver screed.
Hot-mix asphalt mixture shall be produced at the lowest temperature within the specified temperature range that produces a workable
mix and provides for unifomt coating of aggregates (95 percent minimum in accordance with AASHTO T 195), and that allows the
required compaction to be achieved.
401.16 Spreading and Finishing. Bituminous pavers shall be used to distribute the mixture to the established grade and required
thickness over the entire width or partial width as practicable.
The longitudinal joint in both a new pavement and an overlay pavement layer shall offset the joint in the layer immediately below by 6
inches. In every pavement layer,the joints shall not be constructed in the wheel paths.The
Contractor shall submit a longitudinal joint plan three days prior to the Pre-Paving meeting. The plan shall show the location and
configuration of the proposed longitudinal joints and shall detail the methods to be used to field establish a control line.The Contractor
shall use a continuous string line to delineate every longitudinal joint during paving operations.All exposed string line shall be picked
up and disposed of at the end of each day's paving.Paving shall not commence until the plan has been approved in writing by the
Engineer.The joints in the top layer of pavement shall be offset 6 to 12 inches from the center of pavement and from the outside edge
of travel lanes unless otherwise approved in writing by the Engineer:
Longitudinal joints shall not cross the centerline,lane line,or edge line unless approved by the Engineer.
On areas where the use of mechanical spreading and finishing equipment is impracticable,the mixture shall be dumped,spread,raked,
screeded,and luted by hand tools to the required compacted thickness and grades.
Production of the mixture shall be maintained so pavers can be used in echelon to place the wearing course in adjacent lanes.
The bituminous mixture shall be transported and placed on the trail without segregation.All segregated areas behind the paver shall be
removed immediately upon discovery.The segregated material shall be replaced with specification material before the initial rolling has
taken place.If more than 50 square feet of segregated pavement is ordered removed and replaced in any continuous 150 linear feet of
paver width lay down,operations shall be discontinued until the source of the segregation has been found and corrected.
Segregated areas shall be removed and replaced,full lane width,at the Contractor's expense.
401.17 Compaction.The hot mix asphalt shall be compacted by rolling.Both steel wheel and pneumatic tire rollers will be required.
The number,weight,and type of rollers furnished shall be sufficient to obtain the required density while the mixture is in a workable
condition. Compaction shall begin immediately after the mixture is placed and be continuous until the required density is obtained.
When the mixture contains unmodified asphalt cement(PG 58-28 or PG 64-22)or modified(PG 58-34), and the surface temperature
falls below 185 OF, further compaction effort shall not be applied miless approved. If the mixture contains modified asphalt cement
(PG76-28 or PG 64-28)and the surface temperature falls below 230 OF,further compaction effort shall not be applied unless approved.
All roller marks shall be removed with the finish rolling.Use of vibratory rollers with the vibraloron will not be permitted during surface
course final rolling.
Pavement shall be compacted to a density of 92 to 96 percent of the maximum theoretical density,determined according to CP 51.Field
density determinations will be made in accordance with CP 44 or 81.
Along fomes,curbs,headers,walls, and all other places not accessible to the rollers,themixtureshall be thoroughly compacted with -
mechanical tampers.
Any mixture that becomes loose and broken,mixed with dirt,or is in any way defective, shall be immediately removed and replaced
with fresh hot mixture,and compacted to conform to the surrounding area.
401.18 Joints. Placing of the HM.4 paving shall be continuous, and rollers shall not pass over the unprotected end of a freshly laid
mixture.Transverse joints shall be formed by cutting back on the previous run to expose the full depth of the course.A coat of asphalt
cement shall be applied to contact surfaces ofalljoints just before additional mixture is placed against the previously compacted material.
Location and configuration of longitudinal joints shall be in accordance with subsection 401.16.
401.20 Surface Smoothness.The trail surface smoothness shall be tested in accordance with the City's Construction and Excavation
Standards. Upon completion of the permanent patch, the surface shall be thoroughly compacted,smooth,and free from ruts, humps,
depressions,or irregularities.When a straightedge ten feet(10')long is laid across the permanent asphalt parallel to the centerline of the
street and in a direction transverse to the centerline,the surface shall not vary more than 1/4 inch from the lower edge of the straight
edge.Patches exhibiting deviations greater than 1/4 inch shall be replaced prior to acceptance of the patch.If the existing street exceeds
the above tolerances, then the patch shall be equal or better than the condition of die surrounding pavement. In most cases, and
particularly in the cases of extensive excavation and repairs,it is desirable to survey the existing pavement condition with a representative
of the city prior to the work. After completion of the work,survey the pavement condition again to verify that the pavement condition
has been maintained or improved. In the case of minor repairs,these pavement surveys can be made by visual observation.
The final paved surface shall be flush with or no higher than 3/8 inch above the surface of the concrete gutter at the outside edge of the
new pavement. For median spill curbs,the final paved surface shall be flush with or no lower than 3/8 inch below the surface of the
gutter. Corrective measures required to meet this tolerance shall be subject to approval from the CITY mid at the cost of the
CONTRACTOR.
METHOD OF MEASUREMENT
401.21 Hot mix asphalt will be measured by the Square Yard,at a depth of 3 inches for City Trails,(CDOT SX mix 3 inch layer). Hot
mix asphalt patching will be measured by the Square Yard,at a depth of 2 inches for City Trails,(CDOT SX mix 2 inch layer). Depth
of asphalt paving patching shall meet or exceed existing asphalt cross sectional depth.
All work associated with Hot Bituminous Pavement,including preparatory work,tack coat,materials,labor,equipment and incidentals
will be paid for as Hot Bituminous Pavement. Such payment shall be considered full compensation for all work necessary to complete
this item in accordance with the specifications.
BASIS OF PAYMENT
401.22 All work performed and measured as described above will be paid for as provided in the respective sections.for each type
specified.
If there is no pay item for asphalt cement of the type specified it will not be measured and paid for separately but shall be included in
the work.
Facilities for testing hot bituminous plant mix at the site of the commercial plant will not be paid for separately,but shall be included in
the work.
Traffic control for this work will be paid for in accordance with the contract.
All costs of the temporary hot mix asphalt layer required according to subsection 401.07,maintenance and removal of the temporary
pavement layer,temporary pavement marking,and traffic control will not be paid for separately,but shall be included in the work.
i.. 1,..
REVISIONS TO SECTION 403
CITY OF ASPEN TRAILS PLANT MIX PAVEMENTS-GENERAL
DESCRIPTION
403.01 This work consists of constructing one or more courses of hot mix asphalt(HMA)pavement on a prepared base in accordance
with these specifications, and in conformity with the lines, grades, thicknesses, and Typical cross sections shown on the plans or
established.
The HMA pavement shall be composed of a mixture of aggregate,filler if required,and asphalt cement.
Hot Mix Asphalt (Patching) consists of those quantities required for the replacement of unstable corrugated areas in the existing
pavement,pipe trenches, areas removed for curb&gutter forms,areas between the curb&gutter or sidewalk and the existing paved
parking lots,and areas designated on the plans.These quantities will be restricted to areas up to 4 feet in width.Small areas may require
hand placement methods and where conventional paving equipment cannot be utilized.
MATERIALS
403.02 The materials shall conform to the requirements of subsections 401.02 through 401.06.
CONSTRUCTION REQUIREMENTS
403.03 The construction requirements shall be as prescribed in subsections 401.07 through 401.20.
Patching and overlay operations shall comply with the City of Aspen Engineering Design Standards.Areas to be patched shall be saw
cut or milled, excavated and squared to a neat line, leaving the sides of the excavation vertical. Prior to placement of the patch the
exposed sides of the existing pavement shall be thoroughly coated with Emulsified Asphalt(slow-setting).Hot mix asphalt shall then
be placed and compacted in succeeding layers not to exceed 3 inches in depth.CONTRACTOR to verify patching/overlay plan with
CITY prior to construction.
Cleaning tools and equipment used for HMA placement is not allowed on the pavement surface. Cleaning of tools near streams,ponds,
drainage structures or other areas that are tributaries to waterways isstrictlyprohibited. If possible,remove solid pieces of asphalt by
scraping or other mechanical means prior to application of a cleaning agent. If a petroleum product is used for cleaning, contain all
liquid products during cleaning operations using tarpaulins,sand pads,pails,orother collection methods to prevent spillage or accidental
release.Use hand sprayers or other similar devices to minimize the amount of petroleum product applied.Properly dispose of sand and
collected petroleum products as petroleum contaminated soil. Dispose solid, dry asphalt fragments as exempt construction and
demolition waste.
The Contractor shall confirm with the City prior to asphalt placement that the Contractor has all proper equipment to maintain smooth
round comers and small radius turns to maintain mechanical compaction.If mechanical compaction is not possible,these areas shall
be discussed with the CITY prior to construction.
403.04 Surface Slope.Unless detailed otherwise,the surface slope should be a minimum of 1.5 percent to a maximum of 2.0 percent.
The surface slope shall orient toward the lower elevation portion of the trail.
403.05 Standard Trail Width.Unless detailed otherwise,the standard asphalt trail width shall be 10 feet.
403.06 Manholes,Valves,Access Hatches.Manholes,valves,and hatches installed within the asphalt trail shall be flush with or 3/8
inch below the surface of the new pavement. Corrective measures required to meet this tolerance shall be subject to approval from the
CITY and at the cost of the CONTRACTOR.
403.07 Adjacent Soft Surface Materials.A minimum width of 2 feet of topsoil matching asphalt thickness will be installed on both
sides of trail.If asphalt overlay is to occur,topsoil will match the desired asphalt thickness on both sides of trail.
METHOD OF MEASUREMENT
403.08 Hot mix asphalt will be measured as prescribed in subsection 401.21
BASIS OF PAYMENT
403.95 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22,at the contract unit price per
square yard for the bituminous mixture.
Payment will be made under:
Pay Item Pay Unit
Hot Mix Asphalt(Grade SX)(3") Square Yard(SY)
Hot Mix Asphalt Patching(Grade SX)(2") Square Yard(SY)
Hot Mix Asphalt Overlay(Grade SX)(Depth Per Project") Square Yard(SY)
Aggregate, asphalt cement,asphalt recycling agent, additives, hydrated time, and all other work necessnry to complete each hot mix
asphalt item will not be paid for separately but shall be included in the unit price bid.
Excavation,preparation,and tack coat of areas to be patched will not be measured and paid for separately,but shall be included in the
work.
f f
BID PROPOSAL FORM
PROJECT NO.: 2017-050286
BID DATE: 2:00pm,June 6,2017
PROJECT:Marolt Trail Asphalt Overlay/
PROPOSAL SUBMITTED BY: _ ! iYt l t]yl S �f to L�%45/1
CONTRACTOR
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen,Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good
faith, without collusion or connection with any other person or persons bidding for the same
work, and that it is made in pursuance of and subject to all the terms and conditions of the
advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid
documents including the plans and specifications for this bid, all of which have been read and
examined prior to signature. The bidder agrees to keep this bid open for Sixty 60
consecutive calendar dans from the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-
construction conference held by the Engineering Department, which also constitutes the Notice
to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding
covenant that the Contractor will finish construction within the time specified in the Special
Conditions of this contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most
favorable to the City,to waive any informalities or to reject any or all bids.
The City shall not pay the Contractor for defective work and/or for repairs or additional work
required for successful completion of the project. All work not specifically set forth as a pay
item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in
connection therewith shall be included in the prices bid for the various items of work. Prices
shall include all costs in connection with furnishing the proper and success completion of the
work, including furnishing all materials, equipment and tools, and performing all tabor and
supervision to fully complete the work to the City's satisfaction.
aP1•971.doc •BPI
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ConraCl logo
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Poor quality and workmanship shall not be paid for by the City. Such work product must be
removed immediately and replaced properly at no cost to the City.
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as
a basis for estimating the probable cost of work and for the purpose of comparing the bids
submitted to the City. The basis of payment shall be the actual amount of materials furnished
and work done. The Contractor agrees
to make no claims for damages, anticipated profit, or otherwise on account of any differences
between the
amount of work actually performed and materials actually furnished and the estimated amount of
work.
The City reserves the right to increase or decrease the amount of work to be done on the basis of
the bid unit price and up to plus or minus Twenty Five(25)Pei-cent of the total bid.
By signing this document, Contractor certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States;and
(ii)Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that it does not employ illegal aliens.
I hereby acknowledge receipt of ADDENDUM(s) numbered through
Bid Item-Description Unit Quantity Unit Price Total Cost
1.Mobiftntion Ls I
SY 1504 S S Dd S q O(7
2. Hot Mix Asphalt(2"overlays per
City Trails specification) •7, V 55� .
3.Trail Milling(r removal) SY 1584 S , 0 S 12
4.Topsoil 'CY 154 S
5.tcCrock Repair(Mill,-Hot ,,
Pitch,
FarFar bric)-Measured a^,length of LF 260 S 300 S1 j Q fJ Q
transverse cinch t� H
G.Maintenance Bond Sz 7 DOS S your v b
7.Labor
Tota!Bid hi Nrrnibei, /) 3 6 ` r a a
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Page 2
Contr tsar' Inillals
Total Bid ita I�or�fs: E f/�/t� SE 1l�N yl'f 4615 ✓t �`7/f �yr izf�'
Six-�, �-0-\1 0164 r Ao 16i r
1 acknowledge that in submitting this bid it is understood that the right to reject any and all bids
has been reserved by the owner,
Authorized Officer: Cc✓ Title: lI.E"Y+
Full name signature:
Company address: I f�a ti ti tY 1
70 �'�- G3. 'off/ca Soleitf
6IT- tflaP
Telephone number:�(o —5Y f
Email: { alarm cow 51vu f `ate. cc'--
Attested
c'--Attested by:
-ePt-977.doc -BPI
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contra4ifials
jF
NIA
[KNOIWV,ALI.
D BOND
DYTHM PRCSCNTS,That%w, Rllgam Companies.LLCdba Elam Construction
of SO6SaulhersAvenue GmndJunclion,eo01soi
ieinalur called the Principal),its Principal,and Olmdy67ulualInsensate Company
(heteinnller called the Surely),as Surely tire bell and fimily mound unto
City of Aepen
(hereinaller cal led lite Obligee)in lite penal stint or -
Five Percent of Amount Bid Dollars( 696 )
For Ilse payment or which lire Principal and the Surely bind ihcmseives,their heirs, ""rotors, administrniols, successors and assigns,
jointly and severally,firmly by these presents. -
THC CONDITION OF THIS OBLIGATION IS SUCH,Thal WNCRCAS,the Principal Ims submitted at-is about to submit it proposal
to(he Obligee on a contract for
2017 hlaroll Troll Asphat Ovariay-2017-50206
NOW, THCRCPORC, If lite said Contract be timely anmrded to the Principal and the Principal shall, svilbin such lime as may be
specified,enter into die Contract in writing, and giw bond,if bond is required,[illi surely acceptable to lite Obligee for lite faithl-uf
performance of(he said Conbecl,then Ibis obliption shnll be void;olbcnvise to mnmin in Pill Ilhrce and erfcut.
Sighed andscnled(hts 687 dnyor . June 2017
1(apore ompaNes,LLC dba Elam Com rfsfton (Seof)
0 '�q fuse, : en!�,I_ Principal
Controller Wihtess t -' �:, .A
anilef OperakLing Offrcer Tillc
Lately Mutual Insurance Company
/'fir Ate- � Wllttes5 -l•' Dy �' _`
~Allmilm 1-.t I
LLta-0aa5]hates
Slate of UT
County of Salt Lake } ss:
On June 6,2017 ,before me,a Notary Public in end forsaid County and State,residing
therein,duly commissioned and sworn,posonally appeared
Tina Davis
known to me to be Attorney-in-Fact of Liberty Mutual Insurance Company
the corporation described in and that executed the within and foregoing insevment,mrd(mown to me to be Ute person who executed
thesaid instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF,f have hereunto set my hand and affixed my official seal,do day and yearstated in this cedificate above.
My Commission Exp-Tres 311312019
Lisa Hall Notarypublic
L n ti4LL
flola;y public o
�(y•``( State o/Utah
Gram x16 fiii511
I .
..-' '•Y Fan.tepee;MU IJ.Zoic
THIS POWER OFATTORNEY 15 NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
TUfs PowerofAtterney limits the ails of Ihoae named herein.and They have no oulhorlty to bind Ilia Company except in Ilia manner and to the extent Imr in slated,
C:dllacale No,7753361
Liberty Mutual Insurance Company
The Ohio Casually Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTB:That Thu Obb Casualty Inrnanm Company F a corporation duly organized under the W1vs of the Slate or Naw Hampshire,that
Liberty Mulunl insurmce Company is a amporafon duly organized under the lams of the Stale of Massachusetts,and Wast American Insurance Company is a ampamBon duly
organized undo,gle lagsaIli¢SlottoI,lOQ18 (hosala eolbepvelycalled the!gompeanios],pursuantfti dnz augmray hordn sot(orlh.does hereby name,constants,and appour,
Linda Lee Nipper•Lindsey Pi!i0 Lisa Hall•71na Davis -
allofthedlyof Sah Lego QM .atmteef•LIT i: eechisdiddyalyiithcrebe more lhonone named,Its ladaod lawful allorney4n7ac.b cafe,esxcute,seal eckadaledge
and dogreg Wfand an its behalf as surety znd as ds oddaddeetl apy4Td xll wdmGldngq bppds;mrogafza52aa anp olb8r saalyoUfgal:m,'mytrsualxo of these plesenls aiN shell
fm as bhakng upas ilia Compoes ales!lhegheva6ec8 dulysignedb9:lhb preskenl alsda;ki{ed�by f}a seitedary dllieydmpanies In Ilaev anp proper pemorls,
IN Wfl'NESS YAIEREOF,this lasiverui Mtornay bp.,U¢ea whsaabad blf air dNlhorkaO oflicergr 6lhial pf the ComppnR3.pntl Tho aalfotalp3eak of Ili¢Companies have beenalfpxd
IhereW OW Ind days[ May „.Epi 1> _
Ord. ,et,,n+ca^arp ivsvast0v. The Ohio Casually Insurance Company v
* e 519`2
1991 UberlYN:uWal Inslaance Company
r West merieao Insurance Compan
..1 din„ p mar }
� x .t ,t By: L
STATE OF PENNSYLVANIA se OaWd M.Caro,Assidant Saaolary c !
+%
0011NTY OF MONTGOMERY m
c
dm Onlhis2wI dayo[May 2017,before,me per3ama0yappeared David AL Carey,wh0acknavledged himself to be the Assislam Secretary of Ubaly Malual Insurance. cmjF '
Oro Company,.The Ohfo Ca:aa ly Company,and W¢m American imminence Company,and that he,as tush,bung authorized so to do,execolo Nu foregoing lnainniv nt(ox the pmpdsas y,O)
O? Ihrreksustained by signing an bdiagof No corporations by igmelf as a dulyxuvemized alfiner. - all LI,
pl !+ IN VATNESS WHEREOF,I hove hmevolo subsclbedm Mira and ofixedm nalodal seal at long orpmasia,Pmns
F Y Y 9 YI•?nie,mthe day and yeer6rat suave crcdlen. p.�
m� QdlOdY
CONMONVI TII OF PENNOLVAtMQM J
�•N Tveen pammN,HWary Petac 6y;JTrump Pomo /r/.Nwriic O o
p alp C.afte TwW,.,lIWm 2Ceane Tefa:a Paetaia;N¢r¢ry PUMic F•C
O NY ComnutlonEd'ee plaid,26.10zt - Is
is I
O.t� m:maocve.mr�mfm,.ueavia,d nowu, ILE
e a TUt Poster of Alimony is mode end wecaad of the fp9oOlOD BylaNe and AulhorrzaL'ons of The Ohio Casually Insurance Company,funny Malum iT
yw Insurance Company,and VMslAMMICan Insurance Company vehlch racclu0ms oro nmi to full Wee ad effect reading as ratio I
R "ARTICLE IV—OfftCERS—Section 12.PoWrn
Power ofAley.AnyOliver aralFm official dlhoCarporel[onaulhodzsd format fxrpesein wAangby the Chatmanor the Pmskden4 aqd cubJed 0 = !
C•�? to such fmilaa"an as the Chairman ar the Presldec may prescribe,shade appolnl each caaaoyo-k-WcL as may be necessary to act in hehallof me Corporation to pike;exemW,serol; �La
O� adnodsdpeand deWeras merely ¢IluMedakbgs,bonds,recognizancaaandoMorsuralyoUEpaaons.SuchallamoycJmWcl,subk4to UielimlWpms IforNinBtccespedme v
E y pavers of ali may,shag have Tull porn to bind the Corporation by their signature and exacutim of any such Inelmmmis and loagach Ihemto the seal of mo Corporation. Who so ' a
oxemied,cuch WWminenbahagbeaodndm9 asUaignm by Tho Pres:dentamf alhsledlobymo S¢sralmyAnypareraadlbailygmnled roenYrepwsenlaB;a or allorrwyivfad mode, T'Q '
Bae prodsiomsaf this anlclemay be revoked at anytime bylhe Board.Om Chalmfm,Ole Pmsldsm aby the officer arafgeo¢franBig urh pomrerar wthsdty,
ARTICLE Execution al CanhanW—SECTION S.Sures Bonds and Underbild s mp cry may p
071: y ug.Any otivnrdme Co, a auihoraed(or llglpAposd lns7Af b the chairman ill ros!ded,. °�
N- andla,*cl b such timuel'mne sithe orshman or lboRmsidbN may preacdbk shag appoint suchallaneya{n•rac4 as maybenesessaryW acHn bahaUof Bre Compmy to make,axacuto, M i
O p seal arRnwAodge and deliver a5 GUM any and all undariakngs,bordls,mcogmlzarces and 011ier sareb'obligations. Such allnrmys-in-fact subject to the griltaWno set Iddh In their
Zu iasprsivepwiersofatiomey,shat haveldlpowerlobindnn Companyby lherrdAnn'um and axaWliYrofanyauchinslnimEMSand IOaBach meralullu saaidthe Cdppeny.vannas Oo
exemledwch irsWlmnL^^.IIa,I ha a;b;pWng a¢dslgnetl 6y,Uso pre,adentan3Q119sted Dylhl calor¢Wry oT
CerilBcale of Doslgnason The PrCddenlaf Tho Company,i4Ufg Pdrsdanl to We Bydaras O[ma CanpmY aumoizasDos•1dMCotay Asslsionl$ecmimyto apprinl such atiolroys•N• ~`— t
fail as MOY be necessary b not an lehmsftpe Company to make,ataeele,seal ackwife(Na pad deWD, ras svrs : arA all undeda, r
oblgatons. 1y ayN ha0bo�Ms,mcognl7zimes and direr stmty f
Authorization—ByunciLmous crosenl of babpmpm};'8&ord of 44boms,[lie Componymn Dols lies fooslmdeurniegiaiUly repreducsWbgpSlum crony assistant seordaryofli,
Company.vdmrever appsamg upon a cwQed copy amypovrefotaltamey issued by the Cpmpaaylaconnckcn math Burbly bonds,shag be valWam bindng upon the Company idm E
Ilia camp form and alfrcl as lhodgh manunnyafJaad
I,Ranee C IMNalyn, Bit undersigned.AssisWnl Sacrgvy, The Ohw Casvoay m.lmmo Company.0hmly Lint.-aliasumgce Cengony did Wcan ail AmeriInsurance Company do
hereby mealy peal the original pova r of mlom¢y bf viych Bm fomgelag t a hi'1.mm and swmcl'opy of lb �aACr OF*roy bxegrlpd-tiy peg Campnn'ey B Jn IN!arca and disc end
lumnsibeanmsroked. - :. :.,.::.r• `. - ., 1
INTESTIMONYNlNEREOF,I have Inorganic set my hand and ofixed ihn seals o)aafdCompanka this 6TH day of .TUNr
2Q--1 7 - t
i7yd;�riiexrr4�m ,hlaVnwgkre SYfsn`au�4 t
g i9to . ,191Z 1991 It,
0
xo tic a 2 r gamic C,Lia WTi:is!wI Sttmtary
'Ha k tit b e
r
140 of 700
V.19_12973-ascot)
1
A`"RoDAT 1-441DDIYY-1
® CERTIFICATE OF LIABILITY INSURANCE 2W20'6
-HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
:ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(los)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsemenlls).
PRODUCER CONTACT
I.fardl UFA.In] PHM€
1166 A1101110 a,ME Amenias (AIS 1ld EMI:. ...... ...-. . ... ._I IAm No)
NeAYork.NY 10336 E•fMIL
D .APDRESP- ......... _....__ .__...._ ..._.... ......
Man Nr.L'YOT:Censmash_Dm Fa< 212.'6[5W " '
_ INSURAf
Eft3S3 FOR01NG COVERAGE _ I NAICp
INSURER A.ACE Amvnn Insurance CDminany 122667
INSURED 14SURERe IndEmnit3 in JrnaCrmpenyefloYh Amanca '435J5
Flam COnslructcn Inc --- -- -,-- —— - - -j _— _.
aba Grand Jund,en PIS:an9c0 INSURER C;fUA iNIA
556 Strilrdi Avenue INSURER D
Grard,fuJundmn,C081501 .._____ _..._.._ ._.__.... . __.__.
INSURER E � __
INSURER F:
COVERAGES CERTIFICATE NUMBER: l4GC080059a5-10 REVISION NUMBER:5
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR 14AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS-
INSfl --- AD LSUBR — ----' _ -" POLICY EFF POLICY EZP —___. _.....-.
LTR TYPE OF INSURANCE POLICY SUMBER I MfAhlo UMRS
A X I C061MERCIALGENERALLIABILITY ; '�'HDO 627861 W9 12516016 12912877 1�EACHOCCURPENCE �S 2,000 ODD
1
_� CLAIMS-WAVE IX (OCCUR 1 ! DA lAA'CsE _
I IPFEILISES IEa ctt 2nc0J 5 1,000,000
PLED EAP(Any on.Fe swl 5 10,00u
_
i _1......._.... _. ...._._._ i I i PERSONAL b ADVINJURY 520:0,000
GEHL AGGREGATE LIMB APP-IES PER I J GENERAL AGGREGATE IS 4O flow
IPOLICY f I JE T i LOC PFDoLCTS COIAP10EAGGI S 40EO,OW
OTHER. I — I S .... -.—
'AUTOLIOBILELIABILITY 'ISA HOrJ53253 12:311016 12.91fe017 I COMBINED SINGLE LIUT ,F.-_ S,OW,O,JJ
Y ANYAUTO I !BOD( Y INJURY IPnr rdrs n) -
{I ALL011N D ISCH-OULEC
i-},i AUTOS I_.f AUTO$ BOOLV INJURY
HIRED UT05 r IpIOjTpSAT1E0 - j I3PROOP_>MICAGAGE 11
1 I .SIP, l<... 50XD)
7 _UMBRELLA UAB '
OCCUR I_FACHO CURREH E
.......
EXCESS LIAR CLANAS.IAADE j AGGREGATE l<
DED I I RETENTION S I I 1 E
B VIORKERSCOMPENSATION ( �0TR C4910f476(AO;) 1121519016 112610017 X I PERT
UTE I. ERH
A AND EMPLOYERS'LIABILITY ... ,....... _--...-.
AtIYPROFRIETORP6RTNERIEYEOVTNE YIN 1 "SCF C<91035163'kl) 12312016 1231,2017 '_t EACH ACCIDENT IS 1.0W X3D
!OPEC ER4AEMBER EaCLUCED9 N INIA j ___--
.(M;tnOaloryInNH) i T E L OSEASE.EA FhIPt CYFF,S 1CO3.W0
Il Yyes d.len.Lrc., 1, -..__ ......... _._.-._..
'D
Ile.
OF OFERA-ICJSOeCw LEL OSEASE POLICY LIMIT S 1000,CU0
1 r I I
I i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Rernm%b Sebedule.may be mnached If mdro apacd H me weed)
EvArnce Dr lmdran:e
CERTIFICATE HOLDER CANCELLATION
Glean nfen,Inc
Jua
Gfend SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Plfo 85dpply,Sind:D THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
e.5i 9Uhtsnh6rs Awndc ACCORDANCE WITH THE POLICY PROVISIONS.
3wal Jamd,on.00 61651
AUTHORIZED REPRESENTATIVE
DI Miubt,USA Inc.
_ Rudy P MilfDn
m 1988.2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
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