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HomeMy WebLinkAboutresolution.council.023-09RESOLUTION #a,~ (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND PNCI CONSTRUCTION INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING WHEELER PIT FLOOR REMOVAL AND REPLACEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and PNCI Construction Inc., a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and PNCI Construction Inc regarding Wheeler Pit Floor Removal and Replacement a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~ °~ a I, Kathryn S. Koch, duly appointed and acting City Clerk do ce~tify t foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held April 13, 2009. K n S. Koch, City Clerk CONTRACT FOR CONSTRUCTION n'~ o"'° ~~"" THIS AGREEMENT, made and entered into on April 13, 2009, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and PNCI CONSTRUCTION, INC., hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Wheeler Pit Floor Removal and Replacement, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendaz days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed THIRTY FIVE THOUSAND THREE HUNDRED TEN ($35,310.00) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. CC1-971.tloc Paget "CCi 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transferor sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract for Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract for Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. CCt-971.tloc Page 2 "CC7 IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. A TED BY: ATTESTED BY: CITY By: Title: COLORADO ~!~~ APPROVED AS~TO~FORM: BY6~Adltf~~y%~d ~~1~1~ Ci rney CONTRACTOR: P~CI ' "TltuctC~~.+ ~:NC By: ~ w Title: ~RfJYAEUT 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. ~cc~ CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ~ -~Q SS. COUNTY OF t~~ ) On this day of 1 2009, before me appeared 1' C 111L t'. t-J~`J~l 1 l I , to me personally known, who, being by first duly orn, did~saly thatl s e is ~C- of ~[~_ ~ ~~l j L f UL_T7 t`~rl. 1V1C . 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 boazd 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. My commission expires: ICRI~ a:, L SUMMERS ~?>'~°Ei=sRY PUBLIC sTAr~ :t= COLORADO -9..-. E~In3a January 11, 2012 Notary Public Address D ~ CC1-971.doc Page4 "CC1 Certification and Suualemental Conditions to Contract for Services - Conformanee with &8-17.5.101, et sep. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bi1106-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Riegal Aliens - Public Contracts for Services." This new law prohibits all state agencies and politicat subdivisions, including the Ciry of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new lave 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 I,aw 208, 104th Congress, as amended, and expanded in Public I,aw 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regazdless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "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. PURSUANT TO SECTION 8-17.5-]Ol, C.R.S., et. seq.: 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. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegai alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; 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 eazlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. 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. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) 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 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. 6. Contractor shall comply with airy 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. 7. if Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. Public Contract for Services: Ui 1}E~L~R Pi.T ~LQD~R Rktiarn~ >aNO Rerta~Merr' Contrac : pNC~- (~rJ,~Twuer r>i~ ~-,e. BY: ~,.~ t ~ .9~,~- Title: ~7.f~SLU(clif JPW-saved: 8/32006-867-M:\city\cityatty\con[rac[\fonns\certification - hb-06-1343.doc PROCUREMENT CONTRACT ROUTING SLII' AND CHECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each request for review or approval. Contracts under $5,000 require only Department Head approval. Contracts over $5,000 require City Manager approval. They do not require competitive bids but require documentation of source selection process. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process is required. Contracts over $25,000 require City Council approval. Procurement Description: Wheeler Plt Floor R¢mOVal and R¢plac¢ment Project #: 2009-015 Budget estimate: $ ZJ i ~~ Is proposed expenditure approved in the Department's budget? Yes ~ No D~°P~12.~M~«t- l~t~t/!,/~ S Explain process for vendor selection: ITB 7i ~(D % Dept. Head approval of proposal: Finance Review: City Manager Approval if Sole Source: Competitive Quotes: (attach) Con[ractorNendor Selected: Dept. Head approval: City Attomey review: convact documents to City Manager Approval: and to Vendor/ConVactor RFP or [TB Completed: RFP or ITB Reviewed by City Attomey: Eng. Dept. Review: ,~~_/. /y~9' I" Advertisement .3-~ /~o ~~ 2"d Advertisement (Attach Advertisement) Bid Opening: R~rS d'v ConVactorNendorSelected: ~~~~~ eOY1.~S~h"ttr.~-rfl~ Dept. Head approval: Award letter sent: i? ~ $$3 ~ 3 signed contracts remmed by vendor7conVactor. ~T~ Performance and Payment Bonds received tf-t 0 Certificate of insurance received Finance Department Review: If Over $25,000, Prepare cover memo and resolution for City Council Approval ~ ~ Yat't1 r4~ffJVt Finance Department Review: City Attorney Review 5 City Council Approval City Manager Approval Notice to Proceed Instructions for Procurement Contract Routine SliO and Check List All City contracts must be processed according [o the procedures established by the Procurement Code. See Chapter 3 of the Municipal Code. This Routing Slip and Check List should follow any contract documents during the approval or referral process. Contracts Under $5.000 L Ensure that expenditure is in Dept Budget. 2. Obtain Dept. Head approval. 3. Described selection process for file. Contracts Between $5.000 and $10.000 1. Fallow steps for Contracts under $5,000, above. 2. Obtain City Attorney review. 3. Obtain City Manager approval. Contracts Between $10,000 and $25,000 1. Competitive bidding process must be followed. 2. Call City Attorney's Office at 5055 and obtain procurement #. 3. Prepare Request for Proposal (RFP) or Invitation to Bid (ITB) packet with all Contract Documents. 4. If it is a construction project, request Engineering Dept. review of scope of work and specifications. 5. Obtain City Attorney review. 6. Advertise and send out RFP's or ITB's. (Two consecutive weeks in newspaper with at least one week between last ad and bid opening.) 7. Document selection process for vendor/contractor following bid opening. 8. Obtain Dept Head approval. 9. Send award letter with request for 3 signed copies of contract, performance and payment bonds (if applicable), and certificates of insurance. 10. Obtain Finance Dept. review. 11. Obtain City Manager's approval. 12. Send Notice to Proceed with one original copy of contract documents. Contracts Over $25.000 1. Follow steps 1 thru IO for contracts between $10,000 and $25,000. 2. Prepare cover memo and resolution for City Council approval. 3. Schedule resolution for City Council with City Clerk. 4. Obtain City Attorney review. 5. Obtain City Manager approval. 6. Send cover memo, resolution and contract [o City Clerk for Council's packet. 7. Attend City Council meeting. 8. Send Notice to Proceed with one original copy of contract documents. One original copy of all contracts over $10,000 should end up in City Clerk's Office. Return one original to vendor/contractor and retain one original in department. NOTES: City of Aspen Wheeler Pit Floor Removal and Replacement City Project Number: 2009-015 BID DOCUMENTS & CONSTRUCTION SPECIFICATIONS OPENING: 2:OOpm, April 1, 2009 For further Information, call (970) 920-5079 City of Aspen 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5079 FAX (970) 920-5119 SGC-1 CITY OF ASPEN 130 South Galena Street Aspen Colorado 81611 (970)920-5080 Project Title: Wheeler Pit Floor Removal and Replacement Project No.: 2009-015 BID PACKAGE (Contract Documents) TABLE OF CONTENTS Pages Invitation to Bid - Instruction to Bidders ............................................................... ............ IS1- General Conditions ................................................................. ............. GC1- Special Conditions .................................................................. ............. SC1- Technical Specifications ............................................................ ............. TS1- Qualification Statement ............................................................ .............*QS1- Bid Proposal ......................................................................... ............. *BP1- Bid Bond ............................................................................. .............*BB1- AffidavitofCompliance ........................................................... ............ *AC1- Liquidated Damages Form ........................................................ ............ *LD1- Notice of Award .................................................................... .............. NAl- Contract for Construction .......................................................... ......... **CC1- Certification and Supplemental Conditions to Contract for Services - HB-06-1343 Conformance with §8-17.5.101, et seq. Performance Bond .................................................................. ......... **PB1- Payment Bond ....................................................................... ...........**YB1- Maintenance Bond .................................................................. ...........**MB1- Contractor's License ............................................................... ............**LCl- Notice to Proceed ................................................................... .............. NP1- Daily Construction Log Form ..................................................... ....... ENG-304 - Progress Pay Estimate Form ...................................................... ............... PEl- Change Order Form ................................................................ .............. CO1- Claim Release Form ................................................................ .......... ***CRl- Project Closure Form .............................................................. .............. PC1- Appendices .......................................................................... .............. AP SGC-2 Appendix One, Site Locations Map .................................................... AP1 Note: Page Markings; ~ Pages to be executed prior to submitting sealed bids. * * Pages to be executed upon notice of awazd and prior topre-construction conference. * * * Pages to be executed during Fina] stages or completion of work and prior to release of • retainage. SGC-3 INVITATION TO BID Sealed bids will be received by the City of Aspen, Colorado, at the City of Aspen Purchasing office, 130 South Galena Street, Aspen, Colorado, until, 2:OOpm, April 1, 2009 at which time the bids will be publicly opened and read aloud, for the following City of Aspen project: Wheeler Pit Floor Removal and Replacement Complete Bid Packages are available for the City of Aspen Purchasing office or by emailing Rebecca.hodgsonnci.asyen.co.us A pre-bid conference will be held at 320 East Hyman Avenue, Aspen, Colorado, at 2:OOpm, Mazch 25, 2009. Attendance at the pre-bid conference is mandatory. The City reserves the right to reject any or all Bids or accept what is, in its judgment, the Bid which is in the City's best interest. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all Bids submitted. The Bid and Bid Security must be placed in one envelope securely sealed therein and labeled: "City Project Number: 2009-015" for "Wheeler Pit Floor Removal and Replacement", and addressed to: City of Aspen Purchasing 130 South Galena Street Aspen, Colorado 81611 In addition to price, the criteria set forth in the Instruction to Bidders and any specific criteria listed in the bid documents may be considered in judging which Bid is in the best interests of the City: previous experience renovating historical structures and references. No bid may be withdrawn within a period of six 60 calendaz days after the date fixed for opening bids. No bids will be considered which aze received after the time mentioned, and any bids so received after the scheduled closing time will be returned to the bidder unopened. By: Rebecca Hodgson PURCHASING SGC-4 INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION PROJECTS 1. The City of Aspen has advertised to invite Bidders to submit sealed Bids for a construction project which is fully described m the Contract Documents accompanying these instmctions. The following instmctions have been prepared to assist Bidders in the preparation of their Bids. 2. The Contract Documents for this project shall consist of the following documents: A. Invitation to Bid (Public Notice). B. Instructions to Bidders. C. Bid Proposals D. Addenda, if any. E. General Conditions. F. Special Conditions. G. Bid Bond. H. NoticeofAwazd. I. Contract for Construction. J. Payment Bond. K. Performance Bond. L. Maintenance Bond. M. Drawings, identified in General Conditions. N. Specifications identified in General Conditions. O. Affidavit of Compliance form. P. Liquidated damages form. Q. Contractor's License form. R. Daily Construction Log form. S. Progess Pay Estimate form. T. Change Order Form U. Claim Release form. V. Insurance Certificates. 3. Infornation contained in the Contract Documents, as completed during the bidding and contract award process, shall be the basis for the bids, and nothing shall be deemed to change or supplement this basis except for written revisions to the above documents issued by the City of Aspen. 4. The City of Aspen reserves the right to reject any or all bids or accept what is, in its judgment, the best bid. The City further reserves the right, th the best interests of the City, to waive any technical defects or irregularities in any and all bids submitted, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non- responsive or conditional Bids. Discrepancies between words and figures will be resolved m favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 5. The cost of bid preparation shall be borne solely by the persons or entities submitting bids. 6. The following procedures or steps shall be followed after the issuance or publication of Invitation for Bids: A. Reference is made to the Invitation for Bids to determine if a pre-bid conference will be scheduled, and if so, where and when. If a pre-bid conference is scheduled, attendance at the pre-bid conference is mandatory unless prior authorization is given by the Bid Coordinator. The costs of attendance at a pre- bid conference shall be borne entirely by the Bidder. B. Reference is made to the Invitation for Bids to determine how complete Bid Packages may be obtained. C. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site, if any, to familiarize himself with local conditions that may in any manner affect cost, progess or SGC-5 performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, roles and regulations that may in any manner affect vests, progess or performance of the Work; (d) familiarize himself with the unique weather conditions of the City of Aspen and surrounding azea that may affect costs, progess or performance of Work; and (e) study and carefully correlate Bidder s observations with the Contract Documents. D. Reference is made to the Special Conditions and the Invitation for Bid for the identification of those specific requirements of the project or otherwise affecting cost, progress or performance of the Work which have been relied upon by the City of Aspen or a consultant in preparing any Drawings or Specifications. These special provisions supersede the General Conditions in the Contract Documents. Before submitting the Bid, each Bidder will, at his/her own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. E. Reference is made to the Invitation for Bids to determine the place, date, and time for delivering sealed Bid proposal for this project. F. Bids shall be submitted at the time and place indicated in the Invitation for Bids and shall be included in an opaque sealed envelope, marked with the Project title, Bid Number, and name and address of the Bidder and accompanied by the Bid Security referenced below and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. Bids submitted by facsimile machine (FAX) shall not be accepted or considered. G. Each Bid must be accompanied by Bid Security made payable to the City of Aspen, in an amount of five percent (5%) of the maximum Bid price or as set in the Invitation for Bids and in the form of a certified or bank check or a Bid Bond (on form attached). The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract for Construction and famished the required Payment, Performance, and Maintenance Bonds, or other Bonds if any are required by the Special Conditions, whereupon it will be returned; if the Successful Bidder fails to execute and deliver the Contract for ConsWction and famish the requved bonds and insurance certificates, within seven (7) days of the hand delivery or fax transmittal of the Notice of Award, the City of Aspen may annul the Notice of Award and the Bid Security of that Bidder shall be forfeited. The Bid Security of any Bidder whom the City of Aspen believes to have a chance of receiving the award may be retained by the City of Aspen until the day after the "effective date of the Contract for Consttuction" (which term is defined in the General Conditions) or the sixty first (61) day after the Bid opening, whichever is later in time. Bid Security of other Bidders will be returned within ten (10) days of the Bid award by the City Council. H. Reference is made to the Contract Documents for any Bid Forms that may be required to be completed as part of the Bid. Bid Proposal Forms, as required, must be completed in ink or by a printer/typewriter. The Bid price must be stated in words and numerals; in case of a conflict, words will take precedence. Bids by corporations must be executed in the corporate name by the president or avice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by parhrerships must be executed in the partnership named and signed by a parhrer, whose title must appear under the signature and the official address of the partnership must be shown below the signature. I. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. No Bid may be withdrawn for a period of sixty (60) days after the date fixed for opening of bids. J. At the place, date and time faced for opening bids, all bids received prior to that time shall be publicly SGC-6 opened and read aloud. All bids shall remain open for a period of thirty (60) days, but the City may, in its sole discretion, release any Bid and return the Bid Security prior to that date. K. The City shall then evaluate each bid in the best interests of the City of Aspen. The bids shall be evaluated to determine which are the lowest responsive and responsible bids. In making that evaluation, total price, the evaluation criteria set forth in the Invitation for Bids, and the following specific criteria shall be considered: 1. The ability, capacity and skill of the bidder to perform the contract or provide the Service or Conshvcfion required; 2. Whether the bidder can perform the contract or provide the Construction promptly, or within the time specified, without delay or interference; 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder; 4. The quality of performance of previous contracts or Constmction; 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or Construction; 6. The sufficiency of the financial resowces and ability of the bidder to perform the contract or provide the Construction; 7. The affirmative action goal preferences set forth at Chapter 4.04 of the Aspen Municipal Code. 8. Any other criteria for evaluating Bids set forth in the Invitation for Bids L. Prior to accepting a bid, the City may decide to interview one or more bidders to negotiate fmal contract teens for inclusion in the Agreement. M. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days of a request written evidence of additional information, such as fmancial data, previous experience or evidence of authority to conduct business in the state of Colorado. N. Upon determining the successful bidder, the City of Aspen shall send to the successful bidder a Notice of Award notifying the recipient of the City's acceptance of the bidders proposal, subject to City Council or City Manager approval of the Contract Documents. The Notice of Award shall also forward to the presumptive successful bidder three (3) unexecuted copies of the Agreement with instructions to execute and return the same to the City within seven (7) consecutive calendar days or risk having their bid declazed abandoned. If the City Council approval is required pursuant to Section 3-11 of the Aspen Municipal Code, then the City Council at its next regularly scheduled meeting following receipt by the City of the duly executed copies of the Contract for Construction shall be asked to consider approval of the Agreement and authorize the Mayor of the City of Aspen to execute the same. If City Council approval is not required, then the Contract for Construction shall be executed by the City Manager. O. Upon receipt of Performance, Payment, and Maintenance Bonds, or other bonds when required by the Special Conditions, the City shall send to the Successful Bidder a Notice to Proceed duly executed by the City Engineer of the City of Aspen, and hold a mandatory Pre-construction conference. 7. All pwchases of construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The City of Aspen's State of Colorado tax identification number is 98-04557. The City of Aspen's Federal Tax Identification Number is 84-6000563. 8. Reference is made to the Special Conditions for the natwe and amount of any requ'ved Maintenance, Payment or Performance Bonds. SGC-7 9. There aze specific indemnity and insurance requirements which the Successful Bidder must comply with prior to the start of Work for this project. These requirements are set forth in detail in the General Conditions. 10. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he/she has complied with every requirement of these instructions and that the Contract Documents are sufficient th scope and detail to indicate and convey understanding of all teens and conditions for performance of the Work. 11. Reference is made to the Invitation for Bids for the identity of the City of Aspen's Bidding Coordinator who will coordinate all aspects of the bidding and awazds process. All questions about the meaning or intent of the Contract Documents shall be submitted to the Coordinator in writing. Replies will be issued by Addenda mailed, faxed, or delivered to all parties recorded by the Bidding Coordinator as having received a Bid Package. Questions received less than seven (7) days prior to the date of Bid openings may not be answered. Only questions answered by forma] written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 12. All City procwements, sowce selection, contract formation, legal and contractual remedies, and standards of conduct relating to procwements with the City of Aspen aze subject to the City's Procwement Code, Chapter 43 of the Municipal Code. 13. By submitting a bid, Contractor certifies and represents that at this time: (i) Professional shall confum the employment eligibility of all employees who aze 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. SGC-8 CITY OF ASPEN GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (VERSION GC-97-2) SGC-9 CITY OF ASPEN, COLORADO GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (Version GC-97-2) Article I -Abbreviations, Definitions, and Provisions ofGeoeral Applicability 1.1: Abbreviations ..................................................................................................................................................... ............................................. 5 1.2. Definitions .......................................................................................................................................................... ............................................. 5 Article 2 -Preliminary Matters. 2.1. Delivery of Bonds ............................................................................................................................................. ............................................... 8 2.2. Copies of Documents ..._..._ .............._.............................................................................................................. .............................................. 8 2.3. Commencement of Contract Time, Notice to Proceed ......................._........_.............._..................._............ .............................................. 8 2.4. Starting the Project ........................................................................................................................................... ............................................... 9 2.5. Before Starting the Project ................................................................................._......_............................_...... .............................._............... 9 2.6. Pre-wnsWCtion Conference ............._............_......................................._.........._....................................... .................._........................... 9 2.8 Project Progress Meetings ..........................................................._................_.................................................. ............................................... 9 Article 3 -Contract Documents, Intent, Amending, Ownership, Escrow Bid Documents 3.1. Intent ................................................................................................................................................................... ............................................ 10 3.4. Amending and Supplementing Contract Documents ........................................................................................ ............................................ 10 3.6. Reuse of Documents ........................................................................................................................................... ............................................ 11 3.7. Precedence of Documents ........................................................................................................................................ ........................................... I1 Article 4 -Availability of Lands, Physical Condifions, Reference Points. 4.1. Availability of Lands ......................................................................................................................................... ............................................. 11 4.2. Physical Condi[ions ......................._._...._....._.........................................................................._....................... .............................................. 11 4.2.1. Explorntion and Reports ..............................................._.................................................................................... ........................................_.... 12 4.2.2. Existing Stmctures ............................................................................................................................................ .............................................. 12 4.2.3. Report of Differing Conditions _ ...................................................................................................................... .............................................. I2 4.2.4. Engineer's Review .......................................................................................................................................... .............................................. 12 4.2.5. Possible Document Change ............................................................................................................................. .............................................. 12 4.2.6. Possible Price and Time Changes ...................................................................................................................... .............................................. 12 4.3. Physical Conditions -Underground Facilities .................................................................................................. ............................................. 12 4.3.1. Shown or lndicated ........................................................................................................................................... .............................................. 12 4.3.2. Not Shown or Indica[ed ............................_........._............................................................................................. ..................................._........ 12 4.4. Land Surveys & Reference Points .................................................................................................................... ............................................. 12 4.5. Protection of Existing Vegetalion ........................................................................................................................... ............................................. 13 4.6. Hazardous Materials ........................................................................................................................................ .............................................. 14 4.7. Contrnclor's Representations ............................................................................................................................ .............................................. 14 Article 5 -Bonds, lodemnifica6oo, Liability, and Insurance 5.1. Performance, Payment, Maintenance and Other Bonds ..............._...._................................................__............_. .........._...................................IS 5.2. Indemnification ...................................................................................... .................................. ............................................. 15 5.3. Contractots Insurance ....................................................................................................................................... ............................................. 15 54. City's Liability lnsurance ........................................................._...._........._..............._...................................... ..........................._................ 17 Article 6 -Contractor's Responsibilities. 6.1. General Responsibilities ......................................................................................................._.............._........... ..............._............................ 17 6.2. Supervision and Superintendence ............................._.............................._...................................................... ............................................. 17 6.3. Labor, Materials, and Equipment ..................................................................................................................... ............................................. 18 6.4.6.7 Reserved...._..._..__._............_....._......__ ................_.........._..................................................... ..................._._.__.._... l8 6.8 Sub-contractors, Suppliers and Others .............................................................................................................. ............................................. 19 6.9 Sub-contracting ............................._..............._.......__...._............._.............................................._ .................................. 20 6.10 Patent Fees,Royalties, Pertnits ..................._._._._._..................................................._........................_._ .. _...__.__.... _....__.. 20 6.11 Perntits ............................................................................................................................................ ................................ 20 SGC-10 6.12 Laws and Regula[ions .._._.........__._......._.........._.......__ ........................ ......................................................_.................... 20 6.13 Taxes ..................................................................................................... .......................................................................... 21 6.14 Use of Premises ...........................................................................:............... ........................................................................ 21 6.15 Record Documents .............._..............._.___._.............._................_........ ............._......._............................................. _. 21 6.16 Safety and Protection ..__ ..................................._....._..._.............................. ..............................:......................... ............... 21 6.17 Emergencies ................................................................................................. ..................................................................... 22 6.18 Shop Dawings and Samples ........................................................................... ....................................................................... 22 6.19 Claim Aelease, Mechanics' Lien ........................................................................... .................................................................... 23 6.20 Continuing the Work ....................................................................................... ..................................................................... 24 6.21 Contractors Facilities ...... ... .................. ......... _................................................ ........................................................... ...... ..... 24 Article 7 -Other Work. Arfide 8 -City's Responaibili0es. 8.0. ........................................................................................................................................................... 25 Article 9 - Engineer's Status During Construcfion. 9.I. Ciry's Representa[ive ....................................._................_..............._......................_.._..........._...._...........__......_..... ......................._...... 25 9.2. Visits to Site ........................:........................................................................................................................................... ............................... 25 9.3. Project Representation ................................................................................................................................................... ............................... 25 9.4. Clarification and lmerpreFetion ........................................._........_...._........................................_............................_... ............................... 26 9.5. Authorized Variations m Work ................._............................_..................................................................................... ....................._........ 26 9.6. Rejecting ofDefec[ive Work ........................................................................_........................_............_.................._... .........................._... 26 9.7 Shop Drawings, Change Orders and Payments ....................................................................................._........................ ......................_....... 26 9.8 Decisions on Disputes.._......_ ........................_..._......................................................_.................................. .................._... 26 9.9 Arbitration .................................................................................................................................................. ...................... 27 9.10 Limitations on The Engineer's Aesponsibili[ies ................................................_.......................................... _........._ ............._..._.. 27 Article 10 -Changes in [he Work 10.1. Ciry Initiated Changes .................................._..._........................._...._._...................._....._............................_............_.... ............................... 27 10.2. Work Directive Change ....................................................................................................................................................... ......_....................... 27 10.3. Change Order ........................................................................................................................................................................ ............................... 28 10.4. Contractor Change Request ........_ ........................................_........_...................._............_................................._............ ..._..........._....._...... 28 10.5. Down Time 10.6. Submittal Requhements and Waiver of Claims ................................................................................................................. ............................... 29 Artcle 11-Changes of Contract Price. 11.1. Contract Price Adjus[ments ......................................................._.........................._..............__........................................... ..........................__. 29 11.2. Contract Time Adjustments ...................................................._....................................................................................__.... ............................... 29 11.3. Force Account Work ................................................................................._.......................................................................... ............................... 30 11.4. Contract Sum Detertnination ................................................................................................................................................ ............................... 30 I1.5. Cost and Pricing Data ............................................................................................................................................................. ............................... 32 11.6. Variation in Quantity of Unit Priced Iterns ................._..........................__........................................................_.............. ............................... 32 Article 12 -Reserved. Article 13 -Warranty and Guarantee (Maintenance Bood); Tests and Inspecfioo; Correcfion, Remora) or Acceptance of Defecfive Work 13.1. Warranty .............................................................................................................................................................................. ............................... 33 13.2. Access to Work .................................................................................................................................................................... ............................... 34 13.3. Tests and Inspections ............................................................................................................................................................ ............................... 34 13.4. Uncovering Work .................................................................................................................................................................. ............................... 35 13.5. City May Stop the Work ....................................................................................................................................................... ............................... 35 13.6. Cotection or Removal of Defective Work ..............._......_................_........................................_....._.............................. ........._._................. 35 13.7. Cotection Period .................................................................................................................................................................. ............................... 35 13.8. Acceptance of Defective WOrk ............................................................................................................................................... ............................... 35 13.9. City May Conect Defective Work ............__ ..................._..........................................:....................................................... .............._............... 36 13.10. Unauthorized Work ............................................................................................................................................................. ............................... 36 SGC-11 Article 14 -Payments to Contractor and Complefion 14.1. Determination of Wotk Value ....................._.._.................._......_........................................................... ._....._......................................_........ 36 14.2. Application for Progress Payment ............................................................................................................. .......................................................... 36 14.3. Contactors Warranty of Title .................................................................................................................. .......................................................... 37 14.4. Engineer's Review of Progress Payments ................................................................................................ .............................. 37 14.5. Substantial Completion ............................................................................................................................ .......................................................... 38 14.6. Partial U[ilvation ....................................................................................................................................... .......................................................... 38 14.7. Final Inspection ......................................................................................................................................... .......................................................... 39 14.8. Final Progress Payment .............................................................................................................................. .......................................................... 39 14.9. Settlement Date, Notice to Subconhac[ors, Acceptance and Final Payment ................................................... ......_............. _............................ 39 14.10. Contractors Continuing Obliga[ion ......................................................................................................... ..........._............................................. 39 14.11. Time for Completion and Liquidated Damages ................................................................................................. ................................................. 40 Article 15 -Suspension of Work and Termination. 15.1. City May Suspend Work ......................................................................................................................... .......................................................... 41 15.2. City May Temtinate ............................_..................................................._..._.......................................... .................._............................._....... 41 15.5. Contractor May Stop Work or Tertninate ..............................._............................................................_. ........._............................................... 42 Article 16 -Miscellaneous. 16.1. Nondiscrimination ........................................................................................................................................... .................................................. 42 16.2. Giving Notice ................................................................................................................................................... .................................................. 43 16.3. Computation of Time ........................................................................................................................................ .................................................. 43 16.4. General .............................................................................................................................................................. .................................................. 43 ]6.5. Independent Contractor Status ............................................................................................._..............._............ ......_.......................................... 43 16.6. Probibited Interest ........................................................................................................................................... .................................................. 43 16.7. Waran[ies Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest ........................__...._............ .......................................... 44 16.8. Payments Subjectto Annual Appropria[ions ........................._......_................................................_..._........ .................................................. 44 16.9. Contractor Acceptance .................................................................................................................................... .................................................. 44 16.10. Successors and Assigns .................................................................................................................................... .................................................. 45 Ib.l 1. Third Parties .................................................................................................................................................... .................................................. 45 16.12. Waiver .............................................................................................................................................................. .................................................. 45 16.13. Agreement Made in Colomdo ............................................................................................................................. .................................................. 45 16.14. Attorneys' Fees .................................................................................................................................................. .................................................. 45 16.15. Waiver of Presumption ................................................................................................................................... .................................................. 45 16.16. Sevembiliry Clause ........................................................................................................................................... .................................................. 45 16.17. Audit and Records ........................................................................................................................................... .................................................. 45 16.18. Audit .................................................................................................................................................................. .................................................. 46 SGC-12 INTRODUCTION The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all, unless certain services or equipment are specifically excluded. These General Conditions have been prepazed to be incorporated by reference into the Contract entered into between the City and the Contractor. In the event of conflict or inconsistency among the Contract Documents, the order of precedence set forth in the Contract for Constmction shall govern the interpretation of the Contract between the City of Aspen and the Contractor. Words and abbreviations which have well-lmown technical or trade meanings aze used in the Contract Documents in accordance with their recognized meanings, provided however that those terms requred to be defined in the Proposal by the Contractor shall have the meaning given to them in the Proposal to the extent that they are not in conflict with any other part or term of the Contract Documents. ARTICLE 1 -DEFINITIONS 1.1. Whenever the words, forms, or phrases defined herein, or pronouns used in their place occw in the Contract Documents, the intent and meaning shall be interpreted as follows: ASCE American Society of Civil Engineers NACE National Society for Corrosion Engineers SSPC Special Society for Paint Council AASHTO American Association of State Highway and Transportation Officials AIA American Inswance Association SICS American Institute of Steel ConsWction AISI American Iron and Steel Institute ANSI American National Standazds Institute (formerly ASA and USASI) ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWG American Wire Gauge AWS American Welding Society BAFO Best and Final Offer CDOT Department of Transportation, State of Colorado O&M Operations and Maintenance DHA Detailed Hazards Analysis EBD Escrow Bid Documents EIA Electronic Industries Association EPA United States Environmental Protection Agency FCC Federal Communications Commission FHWA Federal Highway Administration FTA Federal Transit Administration HVAC Heating, Ventilation, and Air Conditioning NBS National Bweau of Standazds NEC National Electric Code NTP Notice to Proceed NESC National Electric Safety Code NFPA National Fire Protection Association OSHA Occupational Safety and Health Administration PHA Preliminary Hazards Analysis SAE Society of Automotive Engineers UL Underwriter's Laboratories, Inc. UMTA United States Departrnent of Transportation, Urban Mass Transportation Authority UD&FCD Urban Drainage and Flood Control District MUTCD Manual on Uniforn Traffic Control Devices SGC-13 1.2. Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda -Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents, Contract Documents, drawings, details or specifications. Bid -The offer or proposal of the bidder submitted on the prescribed form(s) setting forth the prices for the Work to be performed. Bidder -Any qualified responsible and responsive firm or corporation submitting a Bid for the Work. Bid Package -All information and standazd Contract Documents prepared by the City to assist potential bidders to prepare thew bids. Bonds - Bid, performance, payment, maintenance bonds and other acceptable instruments of financial security, famished by the Contractor and his/her surety in accordance with the Contract Documents. Change Order - A written order to the Contractor authorizing an addition, deletion or revision in the Work within the general scope of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time, issued on or after the Effective Date of the Contract for Constuction. City or Owner -The City of Aspen in Pitkin County, Colorado. Contract - Al] contract documents attached to the Contract for Construction and made a part thereof as provided herein Contract Documents -The Contract including Invitation to Bid, Instructions to Bidders, Bid Proposal, Addenda, General Conditions, Special Conditions, Contract for Construction, Bid Bond, Notice of Award, Payment, Performance, and Maintenance Bonds, Drawings identified in the Contract Documents or attached as part of the Bid, and Specifications identified in the invitation to Bid or attached as part of the Bid, Affidavit of Compliance form, Liquidated Damages form, Contractor's License form, Daily Construction Log form, Progress Pay Estimate form, and Insurance Certificates. Contract for Construction -The written agreement between City and Contractor covering the Work to be performed. Contractor -The qualified responsible and responsive firm or corporation with whom the City has entered into the Contract for Construction. Contract Price -The moneys payable by the City to the Contractor under the Contract Documents as stated in the Contract for Construction (subject to the provisions of paragraph 11.4.), except for the Minor Contract Revisions item(s) which are subject to the City's written authorization for expenditure. Contract Time -The number of the consecutive calendar days or the working days and/or the deadline set in the Contract Documents for the completion of the Work. Daily Construction Log -The form furnished by the City Engineering Departrnent, used by the City Project Inspector to record the Contractor's daily work quantities and project events. Daily construction log is the only verified justification for payment to the Contractor. Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to the Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by the City at Substantial Completion in accordance with paragraph 14.5 or 14.6). Drawings -The part of the Contract Documents which show the character and scope of the Work to be performed and which have been prepared or approved by the Engineer. Effective Date of the Contract for Construction - The date indicated in the Agreement on which it becomes effective, but if no SGC-14 such date is indicated it means the date on which the Ageement is signed and delivered by the last of the two parties to sign and deliver. Engineer -The person, fnm, corporation or the City Engineer, named as such m the Contract Documents. Field Order - A written order affecting a change in the Work not involving an adjustment in the Contract Time, issued by the Engineer to the Contractor during consWction. Hazardous Materials -The teen "Hazardous Materials" shall have the meaning set forth at 42 U.S.C. ' 9601(14) and regulations promulgated pursuant thereto. Laws and Regulations; Laws or Regulations -Laws, rules regulations, ordinances, procurement code and/or orders. Notice of Award -The written notice by the City to the apparent successfiil bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, the City will sign and deliver the Contract. Notice to Proceed - A written notice given by the City to the Contractor fixing the date on which the Contract Time will wmmence to run and on which Contractor shall start to perform Contractor's obligations under the Contract Documents. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Procurement Code - Title 4 of the Ciry of Aspen Municipal Code. Progress Pay Estimate -The form famished by the City Engineering Department, which is to be used to record, approve, and process payment when the Contractor requests progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Project Inspector -The authorized Civil Engineer or Civil Engineering Technician, designated by the City Engineer to observe construction, materials placement and testing and to prepare the Daily Construction Logs and field reports. Punch List - A form or letter that lists all incomplete or deficient Bid items, and is prepared upon substantial wmpletion of the Work by the City Project Inspector. Shop Drawings -All drawings, diagrams, illustrations, brochures, schedules and other data which are specifically prepared by or for the Contractor and the sub-contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by the Contractor and the Sub-contractor to illustrte material or equipment for some portion of the Work. Specifications -Those portions of the Contrail Documents consisting of written technical descriptions of materials, equipment, wnstruction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - A firm or corporation having a direct contract with the Contractor or with any other Sub-contractor for the performance of a part of the Work at the site. Substantial Completion -The Work (or a specified part thereof has progessed to the point where, th the opinion of the Engineer as evidenced by the Engineer's acceptance, is sufficiently complete, m accordance with the Contract Documents, so that the Work can be utilized for the purposes for which it is intended. The temrs "substantially complete" and "substantially completed" as applied to . any Work refer to Substantial Completion thereof. The term Substantial Completion shall mean one hundred percent (100%) completion of the Work. SGC-15 Special Conditions or Special Provisions -The part of the Contmd Documents which amends or supplements these General Conditions. Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor who supplies materials or equipment for the Work including that fabricated to a special design but who does not perform labor at the site. Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to famish any of the following services for materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater and surface runoffremoval, haffic or other control systems. Unit Price Work -Work to be paid for on the basis of unit prices Work -The entire wmpleted construction or the various separately identifiable parts thereof required to be famished under the Contract Documents. Work is the result of performing services, famishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents and those not specifically mentioned but necessary for successful completion of the Bid items. Written Notice or Written Notice of Amendment - A written amendment of the Contract Documents, signed by the City and the Contractor on or after the Effective Date of the Contract for Constmction and normally dealing with the non-engineering or non- technical rather than strictly Work-related aspects of the Contract Documents ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery of Bonds: When Contractor delivers the executed Contracts to the Engineering Department, the Contractor shall also deliver such Bonds as the Contractor is be required to fiunish in accordance with paragraph 5.1. 2.2 Copies of Documents: The City shall famish to the Contractor up to three copies (unless otherwise specified in the Special Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost ofreproduction. 2.3 Commencement ojContraM Time, Notice to Proceed: Prior to the City issuing a Notice to Proceed, either the City Manager or the Mayor of the City of Aspen shall approve the Conttact Documents and shall execute the same. Notwithstanding any representations to the contrary made by City's employees, either dvecdy, indirectly, or by implication, no Contract shall be in effect nor shall be binding upon the City until such time as the Contract is executed by the City pursuant to authority granted in accordance with Section 4-08-040 of the Procurement Code. The Ciry shall issue a Notice to Proceed after either (a) the City Manager has executed the Contract, or (b) The City Council has authorized the execution of the Contract, and the Contractor has executed the Conttact and other Contract Documents, and has delivered the specified bonds, Certificates of Insurance, as are required, and any other documents required to be delivered by the Special Conditions and Addenda(s) if any issued. The Contract Time will commence to run on the day indicated in the Notice to Proceed. 2.4 Starting the ProjeM: The Contractor shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run and prior to a mandatory pre-construction conference conducted by the City. 2.5 Before Starting the Project: Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Conttactor shall promptly report in writing to the Engineer any conflict, eror or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from the Engineer before proceeding with any Work affected thereby. SGC-16 2.5.1. Within Three Davs after the Effective Date of the Contract (unless otherwise specified in the Special Conditions or General Requirements), the Contractor shall submit to the Engineer for review: 2.5.1.1. An estimated progess schedule indicating the starting and completion dates of the various stages of the Work; 2.5.1.2. A preliminary schedule of Shop Drawing submissions; and 2.5.1.3. Quality Control and Quality Assurance (QA/QC) plan and policy to identify the specific steps the Contractor will take to enswe the highest quality in the constructed Bid items. 2.5.1.4. A Work Zone Safety Implementation & Enforcement Plan with specific action process. 2.5.2. Before any Work at the site is started, the Contractor shall deliver to the City and the Engineer, copies of certificates (and other evidence of insurance requested by the City) which the Contractor is required to pwchase and mahttain. 2.6 Pre-construction Conference: Within Seven (7) Consecutive Calendar Days after the Effective Date of the Bid Award, and before the Contractor starts the W ork at the site, he/she and all of his/her sub-contractors and suppliers shall attend a mandatory pre-construction conference, conducted by the Engineer and others as appropriate to discuss coordination of construction activities, procedwes for handling Shop Drawings and other issues, and to establish a working understanding among the parties as to the Work. 2.7 Project Progress Meetings The City and the Contractor shall meet once a week to review the construction activities, rate of progess, and other project related issues to enswe efficient and smooth progess of work. SGC-17 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Intent: The Contract Documents comprise the entire agreement between the City and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Colorado. 3.1.1. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being requved to produce the intended result will be supplied whether or not specifically called for. When words which have awell-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations m effect at the time of opening of Bids (or, on the Effective Date of the Contract if there were no Bids) except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor or the Engineer, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer, or any of the Engineer's consultants, agents or employees, any duty or authority to supervise or direct the famishing or performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 9. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer as provided in section 9.4. 3.1.2. If, during the performance of the Work, Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall so report to the engineer and the City in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from the Engineer. 3.2 Amending and Supplementing Cantract Documents: The contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.2.1. A formal Amendment of the Contract for Construction; 3.22 A Change Order pursuant to paragraph 10.3. As indicated in Article 11 Conttact Price and Contract Time may only be changed by a Change Order or a Written Notice of Amendment. 3.2.3. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, th one or more of the following ways: 3.2.3.1. A Field Order (pursuant to paragraph 9.5); 3.2.3.2. The Engineer's approval of a Shop Drawing or sample (pursuant to paragraphs 6.18.5 and 6.18.6); or, 3.2.3.3. The Engineer's written interpretation or clarification (pursuant to paragraph 9.4) 3.3 Reuse of Documents: Neither the Contractor nor any Subcontractor or Supplier or other person or organization performing or famishing any of the Work under a direct or indirect contract with the City shall have or acquire any title to or ownership rights in any of the design details, drawings or specifications. SGC-18 3.4 Precedence of Contact Documents: The Contract governs over the Contract Documents. A Change Order governs over all other Contract Documents impacted by change. The Special Conditions govern over the General Conditions. ARTICLE 4 - AVAILABILTTY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 4.1 Availability oflands: The City shall fiunish, as indicated m the Contract Documents, the lands upon which the Work is to be performed, rights-of--way and easements for access thereto. The Conttactor shall have full responsibility with respect to any conditions or provisions contained in applicable easements relating to the lands upon which the Work is to be performed 4.2 Physical CondiBons: 4.2.1. EXPLORATIONS AND REPORTS: Reference is made to the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Engineer in prepamtion of the Contract Documents. The Contractor may reasonably rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragaph 4.2.6. the Contractor shall have full responsibility with respect to subsurface conditions at the site. Contractor shall not, by virtue of this paragraph, be relieved from exercising ordinary skill and competence with respect to reliance upon the accuracy of the technical data contained in such reports. 4.2.2. EXISTING STRUCTURES: Reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by the Engineer in preparation of the Contract Documents. The Contractor may reasonably rely upon the accuracy of the technical data contained th such drawings, but not for the completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. the Contmctor shall have full responsibility with respell to physical conditions th or relating to such structrues. The Contractor shall not, by virtue of this paragraph, be relieved from exercising ordinary skill and wmpetence with respect to reliance upon the accuracy of the technical data contained in such drawings. 4.2.3. REPORT OF DIFFERING CONDITIONS: If the Conttactor believes that: 4.2.3.1. Any technical data on which the Contractor is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate; or 4.2.3.2. Any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or refeaed to in the Contract Documents, Then, the Contractor shall promptly, after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.22) notify the City and the Engineer in wilting about the inaccuracy or difference. 4.2.4. ENGINEER'S REVIEW: The Engineer will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the City in writing (with a copy to the Contractor) of the Engineer's findings and conclusions. 4.2.5. POSSIBLE DOCUMENT CHANGE: If the Engineer concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. SGC-19 4.2.6. POSSIBLE PRICE AND TIME ADJUSTMENTS: >n each such case, an increase or decrease m the Contract Price or an extension or shortening of the Contract Time, or any combination thereoi; will be allowable to the extent that they are attributable to any such inaccuracy or difference as described in Section 4.2.3. The Contractor shall meet and obtain approval from the City Engineer or his/her designee prior to implementing any such change in the Work. 4.3 Physica(Conditions -Underground Facilities: 4.3.1. SHOWN OR INDICATED: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data famished to the City or the Engineer by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Special Conditions: 4.3.1.1. The City and the Engineer shall not be responsible for the accuracy or completeness of any such information or data; and, 4.3.1.2. The Conttactor shall have full responsibility for determining the existence of all Underground Facilities, for reviewing and checking and potholing for all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided m paragraph 6.20 and for repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. NOT SHOWN OR INDICATED: If an Undergound Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which Contractor could not reasonably have been expected to be aware of, Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.17.1), identify the owner of such Underground Facility and give written notice thereof to that owner and to the City and the Engineer. The Engineer will promptly review the Underground Facility to determine the extent to which the Conttact Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility as provided in paragmph 6.16.1. The Conttactor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and of which the Contractor could not reasonably have been expected to be aware of such Underground Facility and subject to acceptance and approval by the Engineer. 4.4 Reference Points: 4.4. The City shall provide engineering surveys to establish reference points for construction which in the Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or re-locations without the prior written approval of the City. The Contractor shall report to the Engineer whenever any reference point is lost or destroyed or requves relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by a Registered Professional Land Surveyor Licensed in the State of Colorado. 4.5 Protection and Restoration ojProperry and Landscape: 4.5.1. The Contractor shall be responsible for the preservation of all public and private property and shall protect carefully from disturbance or damage all ]and and property and shall protect carefully from disturbance or damage all land and monuments and property marks until the the Engineer has witnessed or otherwise referenced their location and shall not remove them until directed. 4.5.2. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the Work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the Work, or at any time due to defective Work or materials, and said responsibility shall not be released until the project shall have been completed and accepted. SGC-20 4.5.3. When or where any dvect or indvect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct by the Contractor in the execution of the Work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury th an acceptable manner. 4.5.4. State Highway 82 and the streets within the corporate limits of the City of Aspen aze viewed by the City as a community asset which enhances the tourism industry. The City, therefore, desves to save all vegetation and other environmental features except for those which have been specifically identified for removal in the Contract Documents. 4.5.5. Materials storage, equipment parking vehicle parking and stockpiling excavated materials shall be allowed only in those areas designated by the Engineer. 4.5.6. Specific areas of vegetation and other environmental features to be protected shall be staked, fenced, or otherwise marked in the field by the Engineer. However, the fact that areas of vegetation and other environmental features are not marked shall not necessarily mean that those items are expendable. The Contractor shall perform all his activities in such a manner that the ]east envvonmental damage shall result. Any questionable areas or items shall be brought to the attention of the Engineer for approval prior to removal or any damage activity. Damage or destruction of unmazked trees or shrubs which could reasonably have been saved shall therefore be subject to the provisions these General Conditions. 4.5.7. If the fence, staking or marking is knocked down or destroyed by the Contractor, the Architect shall suspend the Work in whole or in part, until the fence or other protection is repaired to the Engineer's satisfaction at the Contractor's expense. Time lost due to such suspension shall not be considered a basis for adjustment of Contract Time or for compensation to the Contractor. 4.5.8. If the Contractor disturbs any of the landscape not called for removal, he/she shall restore those areas as directed at the Contractor's expense. 4.5.9. The City may require that the Conttactor replant an area that is damaged. The Work shall be done as directed by the Engineer. If the Contractor is deemed to be responsible, then the replanting shall be done by the Contractor at his/her expense. If the City is responsible, the costs will be reimbursed on a minor contract revisions (MCR) basis unless existing cost proposal covers the Work. 4.5.10. With respect to replacement of trees and shrubs that have been damaged or destroyed, the following conditions shall apply: 4.5.10.E Trees or shnabs of replaceable size shall be replaced by the Contractor at his/her expense. If he/she fails to do so within a reasonable length of time as determined by the Engineer and prior to the end of the contract time, the replacement value of the trees or shrubs will be deducted from any money due to the Contractor. These values shall be based upon averages derived from current prices of nurseries growing the plants, plus the cost for planting and a guarantee for the fvst growing season. 4.5.10.2. When trees or shrubs beyond replaceable size have been damaged or destroyed, the value of such trees or shrubs shall be calculated as per square yard of surface area measured at the ground level. 4.5.10.3. Any deduction assessed as liquidated damages under this section shall not relieve the Contractor from liability for any damages or costs resulting from delays to the City, traveling public or other contractors. 4.6 Hazardous Materials 4.6.1. Prior to commencement of any Work and as a condition precedent to payment by the City of any costs for it, the Contractor shall at no additional cost to the City conduct tests the Contractor deems necessary to determine the existence of Hazadous Materials by appropriately licensed Subcontractors or entities. The City shall reimburse the Contractor for the invoice costs of the tests, only in the event that the Contractor furnishes the City with certified test data and results which confirm the existence of Hazardous Materials. SGC-21 4.6.2. If Hazardous Materials are discovered on or under real property which is owned by the City before the date of Substantial Completion and Acceptance in accordance with Article 14 herein, which property is within the Project right-of--way, the City shall, upon the request of the Contractor, and at the City's sole cost and expense, cause any such Hazardous Materials to be encapsulated, treated or removed from such real property and transported for fmal disposal in accordance with all Laws and Regulations, and shall cause such real property to be restored to its condition existing prior to such removal (except for the absence of Hazardous Materials), including, to the extent required, any gadmg and reinforcement necessary to restore the weight-bearing capacity of such real property prior to such event. The City shall remove the Hazardous Materials and restore the real property in such a manner as not to interfere with the Contractor's construction or operation of the Project. 4.6.3. If Hazardous Materials aze present on or under the Project right-of--way as a result of any dischazge, dumping or spilling on the Project right-of--way during the term of the Contract by any party, including the Contractor, other than an agency of the executive branch of State or Federal Government, the Contractor shall at the Contractor's sole cost and expense, cause any such Hazardous Materials to be encapsulated, treated or removed from the Project right-of--way and transported for final disposal m accordance with all applicable Laws and Regulations, and shall cause the Project right-of--way to be restored to its condition existing prior to such removal (except for the absence of the Hazazdous Materials), including, to the extent required, any grading and reinforcement necessary to restore the weight-bearing capacity of the Project right-of--way prior to such event. ' 4.6.4. The City shall not be responsible for the cost of and the removal or clean-up of Hazardous Materials found in any materials brought to the Project Site, after the Project Site is fumed over to the Contractor. 4.6.5. The Contractor shall provide the Engineer with a written certification each time materials or equipment is brought onto the Work site that such materials or equipment do not contain Hazardous Materials. 4.6.6. The Contractor and the City shall cooperate with each other th the prosecution of any claim against or defense of any claims made by third parties in connection with Hazardous Materials present on the Project right-of--way or contiguous properties owed or controlled by the City. 4.7 ConlractorRepresentafions By executing the Contmct, the Contractor represents that he/she has visited the site, familiarized him/herself with the loca] conditions under which the Work is to be performed (including weather conditions which can be expected), and correlated his observations with the requirements of the Contract Documents. ARTICLE 5 -BONDS, INDEMNIFICATION AND INSURANCE 5.1 Performance, Payment, and Maintenance Bonds: 5.1.1. Contractor shall famish performance, payment, and maintenance Bonds, each m an amount specified in the Special Conditions as security for the faithful performance and payment of all the Contractor s obligations under the Contract Documents. These Bonds shall remain in effect until the job is advertised and closed except for the Maintenance Bond which shall remain m full force and effect for Two Years from the date of project closure, except as otherwise provided by the Contract Documents. The Contractor shall also fiunish such other Bonds as aze required by the Special Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as aze named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U. S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.1.2. If the surety on any Bond famished by Contractor is declazed a bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of paragraph 5.1, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to the City. SGC-22 5.2 Indemnification: The Contractor agrees to indemnify and hold harmless the City, its officers, employees, inswers, 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 aze in any manner connected with this contract, to the extent that 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 act, omission, error, professional error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subwntractor of the Contractor, or which arises out of any workmen's compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle, respond to, and provide defense for and defend against, any such liability, claims or demands at the sole expense of the Contractor, or at the option of the City, agrees to pay the City or reimbmse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. The Contractor also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. 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 m part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 5.3 Contractor's7nsurance: 5.3.1. The Contractor agrees to procwe and maintain, at its own expense, a policy or policies of insurance sufficient to inswe against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 5.2 above. 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 Section 5.2 above by reason of its failwe to procwe or maintain insurance, or by reason of its failwe to procure or maintain insurance in sufficient amounts, duration, or types. 5.3.2. 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 inswance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procwed 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 Section 5.2 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procwed to maintain such continuous coverage. 5.3.2.1. 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. 5.3.2.2. 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. 5.3.2.3. Comprehensive Automobile Liability inswance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contactor 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 Ciry under this contract. SGC-23 5.3.3. Except for any Professional Liability inswance 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 insweds. Every policy required above shall be primary insurance, and any inswance carried by the City of Aspen, its officers or employees, or carved by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory inswance to that provided by Contractor. No additional insured endorsement to the pohcy 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. 5.3.4. The certificate of insurance provided by the City of Aspen shall be completed by the Contractors insurance agent as evidence that policies providing the requred 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 wntract. 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 w materially changed until at least thirty (30) days prior written notice has been given to the City of Aspen. 5.3.5 In addition, these Certificates of Inswance 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 inswers shall have no right of recovery or subrogation against the Contractor.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 inswer(s) may become liable for secondary or excess coverage, the City's underwriters and inswers 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.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.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."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 agreement or thereafter. 5.3.6. Failwe on the part of the Contractor to procwe 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 procwe 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. 5.3.7. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 5.4 City's Liability Insurance: 5.4.1. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business haws. City makes no representations whatsoever with respect to specific coverage offered by CIRSA. City shall provide Contractor reasonable notice of any changes in its membership or participation in CIRSA. SGC-24 5.4.2. The parties hereto feather understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. Further, nothing in the Contract Documents shall be construed or interpreted to require or provide for indemnification ofthe Contractor by the City for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of City or its agents or employees. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES (I General Responsibilities: 6.1.1. The Contractor shall perform all ofthe Work in conformance with the Contract Documents. 6.1.2. The Contractor covenants and warrants that it shall be responsible for performing the Work, and that it shall do or cause to be done the Work and services as required in the Contract Documents and any additional, wllateml, and incidental Work and services as may be necessary m order to complete the Project in accordance with the requirements of the Contract Documents, shall be responsible for providing completed Work which meets the results requred by the Contract Documents, and shall achieve Substantial Completion (100%ofthe Work) by the Contract Time. 6.1.3. Construction services shall be performed in accordance with those professional standards listed in the Special Conditions for quality and scope and shall be performed by the entities and persons, Subcontractors and specific personnel identified in the Contractors Proposal in accordance with thew respective degces of participation provided and represented to City. Other construction services shall be performed by qualified construction Subcontractors and Suppliers, selected and paid by the Contractor. Nothing contained in the Contract Documents shall be construed to create any obligation or contractual liability running from the City to any of these persons or entities. G2 Supervision and Superintendence: 6.2.1. The Contractor shall supervise and direct the Work competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2.2. The Contractor shall keep on the Work at al] times during. its progess a competent resident superintendent, who shall not be replaced without written notice to the City and the Engineer except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor All communications given to the superintendent shall be as binding as if given to the Contractor. 6.3 Labor, Materials and Equipment: 6.3.1. The Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as requred by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working horns, and the Contractor will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without the City's written consent given after prior written notice to the Engineer. 6.3.2. Unless otherwise specified in the Specific Conditions or Specific Provisions, the Connector shall famish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the famishing, performance, testing, start-up and completion ofthe Work. SGC-25 6.3.3. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Engineer, the Contractor shall famish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, wnnected, erected, used, cleaned and conditioned in accordance with the instructions ofthe applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the Engineer, or any ofthe Engineer's consultants, agents or employees, any duty or authority to supervise or drrect the famishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10.1. or 9.10.2. 6.4-6.6 Reserved G7. Work Schedule: 6.7.1. The Contractor shall submit to the Engineer for acceptance such schedule of work progress reports, estimates, records, and other data as the City may require concerning work performed or to be performed. 6.7.2. Prior to beginning of Work and or before the Pre-construction Conference, the Contractor shall submit schedules showing the order in which he/she proposed to carry on the Work, including dates at which he/she will start the various parts of the Work, estimated date of completion of each part. 6.8 Substitutes of "or-equal" /tenu: 6.8.1. Whenever materials or equipment aze specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by the engineer if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to that named. The Engineer will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by the Engineer from anyone other than the Contractor. [f the Contractor wishes to famish or use a substitute item of material or equipment, the Contractor shall make written application to the Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice the Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any ofthe Contract Documents (or in the provisions of any other drrect contract with the City for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use ofthe substitute in connection with the Work is subject to payment of any license fee or royalty. All variations ofthe proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indvectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by Architect th evaluating the proposed substitute. The Engineer may require the Contractor to famish at Contractor's expense additional data about the proposed substitute. 6.8.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, the Contractor may famish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Engineer. The procedure for review by the Engineer shall be similar to that provided in paragraph 6.8.1. 6.8.3. The Engineer will be allowed a reasonable time within which to evaluate each proposed substitute. The Engineer will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Engineer's prior written acceptance which will be evidenced by an approved Shop Drawing. The City may require the Contractor to furnish at the Contractor's expense a special perforrrance guarantee or other surety with respect to any substitute. The Engineer will record time required by the Engineer and the Engineer's consultants in evaluating substitutions proposed by the Contractor and in making changes in the Contract Documents occasioned thereby. Whether or not the Engineer accepts a proposed substitute, the Contractor shall reimburse the City for the charges ofthe Engineer and the Engineer's consultants for evaluating each proposed substitute. SGC-26 69 Subcontractors, Suppers and Others: 6.9.1. The Contractor shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to the City and the Engineer as indicated in paragraph 6.9.2), whether initially or as a substitute, against whom the City or the Engineer may have reasonable objection. 6.9.2. If the Special Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who aze to furnish the principal items of materials and equipment to be submitted to the City in advance of the specified date prior to the Effective Date of the Agreement for acceptance by the City and the Engineer and if the Contractor has submitted a list thereof in accordance with the Special Conditions, the City's or the Engineer's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, th which case the Contractor shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Written Notice of Amendment signed. No acceptance by the City or the Engineer of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the City or the Engineer to reject Defective Work. 6.9.3. The Contractor shall be fully responsible to the City and the Engimer for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or famishing any ofthe Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the City or the Engineer and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part ofthe City or the Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.9.4. The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.9.5. All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between the Contractor and the Subcomtactor which specifically binds the Subcontractor to the Applicable terms and conditions ofthe Contmct Documents for the benefit ofthe City and the Engineer and contain waiver provisions as required by Section 5.3. The Contractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor on account of losses. 610 Subcontracting and Percentage ajWork Awarded to Subcontractor(s): 6.10.1. The Contractor may utilize the services of specialty Subcontractors on those parts ofthe Work, which under normal contracting practices, are performed by specialty Subcontractors. 6.10.2. The Contractor shall not award Work to Subcontractor(s), in excess of forty nine percent (49%) ofthe Contract Price. This condition shall be a minimum standard for a qualified Prime Contractor to perform within the City rights of ways. 611 Patent Fees and Royalties: The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance ofthe Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent fights or copyrights held by others Contractor shall indemnify and hold harmless the City and the Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights or copyrights incident to the use m the performance ofthe Work or resulting from the product or device not specified th the Contract Documents, and shall defend al] such claims in connection with any alleged infringement of such rights. 612 Permits: Unless otherwise provided in the Special Conditions, the Contractor shall obtain and pay for all construction permits and licenses. The City shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution ofthe Work, which are applicable at the time of opening of Bids on the Effective Date ofthe Contract. The Contractor shall pay all charges of utility Citys for connections to the Work, and the City shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. SGC-27 6.13 Laws and Regulations: 6.13.1. the Contractor shall give all notices and comply with all Laws and Regulations applicable to famishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither the City nor the Engineer shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. 6.13.2. If the Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations, the Contractor shall give the Engineer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If the Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, and without such notice to the Engineer, the Contractor shall bear all costs arising therefrom. (x I4 Taxes: The Contractor shall pay all existing and future applicable Federal, State and local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax may not apply to materials purchased by the City. The Contract Price shall include all other Federal, State, and/or local direct or indirect taxes which do apply. The Contract Price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the City (except as provided m the Contract Documents). The Contractor shall not be reimbursed separately for any taxes which may apply except as provided in the Contract Documents and the Contractor shall be responsible for all taxes which may apply. The City is tax exempt from Federal Excise Tax under Chapter 32 of the Internal Revenue Code. The City is exempt from such taxes under registration numbers 98-04557-0000. The Contractor and its Subcontractors shall apply to the Colorado Departrnent of Revenue for a Certificate of Exemption indicating that the Contractor or Subcontractor's purchase of construction material or building materials is fdr use in a building, structure, or other public work owned and used by the City. 6.I5 Use of Premises: 6.15.1. The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in, and permitted by, the Contract Documents and other land and areas permitted by Laws and Regulations, fights-of--way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The Contractor shall assume full responsibility for any damage to any such land or area, or to the oumer or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the City or the Engineer by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by agreement or otherwise resolve the claim by Saw. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the City and the Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, azchitects, attorneys and other professionals and court costs) arising duectly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the City or the Engineer to the extent based on a claim arising out of the Contractor's performance of the Work. 6.15.2. During the progress of the Work, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by the City. The' Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 6.15.3. The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contmctor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. G16 Record Documents: The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during constriction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to the Engineer for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to the Engineer for the City. SGC-28 (x17 SajetyandProtection: 6.17.1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.17.1.1. All employees on the Work and other persons and organizations who maybe affected thereby; 6.17.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.17.1.3. Other properly at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road-ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.17.1.2 or 6.17.1.3 caused, directly or indrectly, in whole or in part, by the Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or famish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor. The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the Engineer has issued a notice to the City and the Contractor in accordance with Section 14.5 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.17.2. The Contractor shall designate a person competent in OSHP, safety related matters at the site at all times during construction whose duty shall be the prevention of accidents including confined space entry and work in the confined spaces. G18 Emergencies: in emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer or the City, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Engineer determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written order will be issued to document the consequences of the changes or variations. G19 Shop Drawings and Samples: 6.19.1. After checking and verifying all field measurements and after complying with applicable procedures specified in the Contract Documents, the Contractor shall submit to the Engineer for review and approval in accordance with the approved schedule of Shop Drawing submissions prior to Pre-construction Conference, or for other appropriate action if so indicated in the Special Conditions, three (3) copies (unless otherwise specified) of all Shop Drawings, which wdl bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as the Engineer may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Engineer to review the information as required. 6.19.2. The Contractor shall also submit to the Engineer for review and approval with such promptness as to cause no delay in Work, all samples requred by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. SGC-29 6.19.3. Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto; and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.19.4. At the time of each submission, the Contractor shall give the Engineer specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer for review and approval of each such variation. 6.19.5. The Engineer will review and approve with reasonable promptness Shop Drawings and samples, but the Engineer's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor shall make corections required by the Engineer, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. The Contractor shall duect specific attention in writing to revisions other than the corrections called for by the Engineer on previous submittals. 6.19.6. The Engineer's review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requrements of the Contract Documents unless the Contractor has in writing called the Engineer's attention to each such variation at the time of submission as required by paragraph 6.19.4 and the Engineer has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by the Engineer relieve the Contractor from responsibility for erors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.19.3. 6.19.7. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to the Engineer's review and approval of the pertinent submission will be the sole expense and responsibility of the Contractor. 6.20 Mechanics'Liens: 6.20.1. The Contractor covenants and agees that, to the extent permitted by law, no claims or mechanics' liens against public funds (mechanic's liens) or claims of any kind, will be permitted to arise, be filed or maintained against the Project or any part of it, any interest in it or any improvements on it, against any moneys due or to become due from the City to the Contractor, for or on account of any work, labor, services, materials, equipment or other items performed or famished for or in connection with the Project, and the Contractor for itself, its Subcontractors, laborers and material suppliers and employees does waive, release and relinquish these claims or liens and all rights to file or maintain these liens and agees further that this waiver of liens and waiver of the right to file or maintain liens shall be independent covenant and shall apply also to work, labor, services performed, materials, equipment and other items famished under any Change Order or supp]emental ageement for extra or additional work in connection with the Project. The Contractor agees to defend, indemnify, protect and save harmless the City from and against any and all claims or liens and actions brought orjudgments rendered, and from and against any and all loss, damages, liability, costs and expenses, including legal fees and disbursements, which the City may sustain or incur in connection with the Project. 6.20.2. The Contractor also agees as above for all of its Subcontractors, including but not limited to suppliers and employees. If any of the Contractor's Subcontractors, suppliers, employees or any other person directly or indirectly acting for, through or under its authority or any of them files or maintains a lien or claim as described above, the Contractor agees to cause claims or liens to be satisfied, removed or discharged at its own expense by bond, payment or otherwise within thirty (30) consecutive calendar days from he date of the filing, and upon the Contractor's failure to do so the City shall have the right, in addition to all other rights and remedies provided under this Contract or by law, to cause the liens or claims to be satisfied, removed or discharged by whatever means the City chooses, at the entire cost and expense of the Contractor, the expense to include legal fees and disbursements. The Contractor shall give a copy of Claim Release form to all Subcontractors and suppliers and shall include these provisions in all written contracts with Subcontractors, or give written notice to all Subcontractors, suppliers or other persons having oral ageemen[s with the Contractor. SGC-30 6.20.3. The Contractor agrees that moneys received for the performance of this Contract shall be used first for payment due for labor, material, and services for the Project and taxes, and the moneys shall not be diverted to satisfy obligations of the Contractor on other accounts or contracts. The Contractor shall pay Subcontractors within Ten (]01 consecutive calendar days of receipt of a progress payment from the City. The Contractor shall famish sworn affidavits in accordance with the form famished by the City, which shall state that amounts due or to become due, amounts paid, and any other information necessary to indicate the financial condition of the Contractor, insofaz as it relates to services, labor and material famished, and to be famished, under this Contract. The City may take steps it may deem necessary to protect itself against any claims. G21 Continuing the Work: The Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted herein or as the Contractor and the City may otherwise agree in writing. X22 ContractorFaci[ities: All temporary contractor facilities shall be in accordance with regulations and codes governing such construction. The types of temporary construction facilities required for the Project may include, but are not necessarily limited to, the following-. (a) job site office space, (b) construction water distribution, (c) temporary closures, (d) temporary heat, (e) hoists and temporary cranes, (f) temporary roads and paving, (g) construction aids and miscellaneous facilities, (h) temporary power distribution, (i) temporary lighting, (j) temporary toilet facilities. Al] operations of the Contractor, including storage of materials, upon the City's premises shall be confined to areas authorized or approved by Owner in writing. Temporary buildings, storage sheds, shops, offices, may be erected by the Contractor only with the written approval of the City and shall be built or provided with labor and materials famished by the Contractor without expense to the City. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by it at its expense upon completion of the Work. ARTICLE 7 -OTHER WORK 7.1 Related Work at Site: 7.1.1. The City may perform other work related to the Project at the site by the City's own forces, have other work performed by utility owners or let other drect contracts therefor which shall contain General Conditions similaz to these. The Contractor shall perform and coordinate his/her activities with other Contractors to avoid conflict and minimize disruptions. 7.1.2. The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the City if the City is performing the additional work with the City's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. The Contractor shall do al] cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Architect and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the City and such utility owners and other contractors. 7.1.3. If any part of the Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or the City), the Contractor shall inspect and promptly report to the Engineer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Work except for latent or non-appazent defects and deficiencies in the other work. 7.2 Coordination: If the City contracts with others for the performance of other work on the Project at the site, the person or organization of the activities among the various prime contractors may be identified in the Special Conditions, and the specific matters to be covered by such authority and responsibility may be itemized, and the extent of such authority and responsibilities may be provided, in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the Ciry nor the Engineer shall have any authority SGC-31 or responsibility in respect of such coordination. ARTICLE 8 - CTTY'S RESPONSIBILITIES 8.1. The City shall issue all communications to the Contractor through the Engineer or his/her designated person 8.2. The City shall famish the data required of the City under the Contra Documents promptly and shall make payments to the Contractor through processing of the monthly Progress Pay Estimate forms within 30 days from the cutoff date for a pay estimate form. 8.3. The City represents that an amount of money equal to the Contract Price has been duly appropriated th accordance with the Municipal Code of the City of Aspen, under a purchase order. The City shall not issue any Change Order or exedute a Written Amendment requiring additional compensable work, which work causes the aggregate amount appropriated by the City, unless the Contractor is given a written assurance that a lawful appropriations to cover the costs of the additional work shall be made. ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION 9.1 City's Representative: The Engineer shall be the City's representative during the construction period. The duties and responsibilities and the limitations of authority of the Engineer as the City's representative during construction aze set forth in the Contract Documents and shall not be extended without written consent of the City and the Engineer. 9.2 Visits ro Sire: The Engineer shall make visits to the site at intervals appropriate to the various stages of constmction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer shall make on-site inspections to observe the quality or quantity of the Work. The Engineer's efforts will be duetted towazd providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, the Engineer will keep the City informed of the progress of the Work and will endeavor to guard the City against defects and deficiencies in the Work. 93 Project Representation: If the City and the Engineer agree, the Engineer will famish a Resident Project Representative to assist the Engineer in observing the performance of the Work. The duties, responsibilities and ]imitations of authority of any such Resident Project Representative and assistants will be to ensure wnformance of work with specifications provided in the Special Conditions. If the City designates another agent to represent the City at the site who is not the Engineer's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Special Conditions. 9 4 Clarifrcation and Interpretations: The Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contrail Documents. If a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time, the Contractor shall meet with the Engineer and resolve the issue. All such requests or claims shall be submitted to the City Engineer. SGC-32 9.5 Authorized Variations in Work and Minor Contract Revisions: The City Engineer may request or authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and aze consistent with the overall intent of the Contract Documents. These may be accomplished by a written request or a field order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. If the Contractor believes that a field order justifies an extension of the Contract Time and the parties are unable to agree as to the extent thereof, the Cohtractor may make a claim therefor as provided herein. 9.6 RejecKng Dejec6ve Work: The Engineer will have authority to disapprove or reject Work which the Engineer believes to be Defective, and will also have authority to require special inspection or testing of the Work as provided herein below, whether or not the Work is fabricated, installed or wmpleted. 9.7. Shop Drawings, Change Orders and Payments: 9.7.1. In connection with the Engineer's responsibility for Shop Drawings and samples, see paragraphs 6.19.1. through 6.20.]. inclusive. 9.7.2. In wnnection with the Engineer's responsibilities as to Change Orders, see Article 10 and Article 11. 9.7.3. In connection with the Engineer's responsibilities inrespect of request for Payment, etc., see Article 14. 9.8 Decisions on Disputes: 9.8.1. The Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters raised by Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and famishing of the Work and claims under Articles 11 and 12 in respect to changes in the Contract Price or Contract Time shall be referred initially to the Engineer in writing with a request for a formal decision th accordance with this paragraph, which the Engineer will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter by the Contractor will be delivered to the Engineer promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to the Engineer and the City within sixty days after such occunrence unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim. 9.8.2. The rendering of a decision by the Engineer pursuant to pazagraph 9.8.1. with respect to any such claim, dispute or other matter shall be a condition precedent to any exercise by the Contractor of such rights or remedies as the Contractor may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. The City shall not be bound by any initial interpretation by the Engineer of the requirements of the Contract Documents, judgment on the acceptability of the Work thereunder, or formal decision made by the Engineer in accordance with paragraph 9.8.1. Any dispute not resolved by the initial decision of the Engineer shall be decided by the City, who shall reduce the decision in writing and famish a copy thereof to the Contractor and the Engineer. The decision of the City shall be final subject to review by the Pitkin County District Court in Pitkin County, Colorado. Pending fmal decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Work and in accordance with the Engineer's interpretation. 9.9 Reserved 910 Limitations on Engineer's Responsibilities 9.10.1. Neither the Engineer's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by the Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Engineer to the Contractor, any Subwntractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. SGC-33 9.10.2. Whenever in the Contract Documents the terms "as ordered", "as dvected", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives `feasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import aze used to describe a requirement, direction, review or judgment of the Engineer as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to the Engineer any duty or authority to supervise or duect the famishing or performance of the Work or any duty or authority to undertake responsibility contrary to theContract Documents. ARTICLE 10 - CHANGES IN THE WORK 10.1 City Initiated Changes 10.1.1. The City may require, without notification to sureties, the Contractor to perform changes, additions or deletions to the Work at anytime after execution of the Contract without invalidating the Contract Changes shall be accomplished as set forth in Section 3.2, above. 10.1.2. The Contractor shall promptly perform changes in the Work in accordance with applicable provisions of the Contract Documents, unless otherwise provided in a Change Order or Amendment to the Contract for Construction. 10.1.3. The following procedure shall be followed for the City notifying the Contractor of proposed City initiated changes. The Engineer shall issue a notice informing the Contractor of a planned change in the Work and its scope, and requesting the Contractor's detailed price proposal. The Contractor, at no expense to the City, shall submit a priced proposal For performing the proposed change in the Work. The Contractor, within Ten (10) consecutive calendar days after receiving the Notice of Change, or such longer time which the Engineer in his/her discretion has granted, shall provide the Engineer with a complete and itemized proposal which includes the estimated increase or decrease in the Contract Price and/or in the Contract Time attributable to the planned changes on the criteria and methods described in Article 11. The Contractor shall be responsible for delays to the Work and any additional costs incurred by the City caused by its failure to submit complete pricing information within the time provided above. The Contractor shall participate with the City in prompt joint analysis and negotiations to fmalize a Change Order, if necessary. 10.2 Written Notice of Change 10.2.1. A Written Notice of Change may be used when: a) The City determines that the Contractor must proceed immediately to perform a change in the Work in order to avoid an adverse impact on the schedule or other unchanged Work, and sufficient time is not available to negotiate an adjustment to the Contract Price or Contract Time; or b) The City and Contractor have not completed their negotiation and reached ageement on all of the terms of a Change Order, but the City requves the Contractor to proceed without such agreement. 10.2.2. Upon receipt of a Written Notice of Change the Contractor shall promptly proceed with performing the change in the Work Additionally, the Contractor shall comply with all the requirements of 10.3 of these Genera] Conditions. 70.3 Change Order When the Contractor and the City reach agreement on the adjustments to the Contract Price and/or Contract Time, such agreements shall be promptly recorded in an executed Change Order. 10.4 Contractor Change Request 10.41. If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the Engineer or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Work; or, (v) becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Engineer prompt written notice of such matters in a letter or notice denominated "Contractor C~ange Request'. SGC-34 10.4.2. All Contractor Change Requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor believes may require an extension in time or price. The Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor Change Request and, provide an estimate of the adjustment th the Contract Priceand/or Conhact Time which it believes is appropriate. 10.4.3. With respect to orders, ins[nrctions, directives, interpretations, determinations, or the discovery of any errors or omissions in the Conhact Documents, a Conttactor Change Request shall be submitted before the Contractor acts on them, but th no event more than Ten (101 consecutive calendar davs after they were received or discovered. 10.8.4. With respect to any differing site conditions, a Contractor Change Request shall be submitted before the conditions aze disturbed, but in no event more than Ten (10) consecutive calendar days after the conditions are first discovered. 10.4.5. With respect to delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the delay, but in no event more than Ten (101 consecutive calendar doys therefrom. 10.8.6. With respect to any matters or cvcumstance which the Contractor believes would require a change, including delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the matter or cvcumstance, but in no event more than Ten (101 consecutive calendar davs after the Contractor becomes awaze of such circumstance or matter. 10.5 Down Time: The Contractor may be granted time extension for down time. No other compensation of any kind shall be made to the Contractor for downtime. Equipment failure, lack of adequate labor or tools or materials to perform the Work shall not constitute down time. 10.6 Submittal Requirements and Waiver ofC[aims 10.6.1. If the Contractor does not submit a Contractor Change Request within the time required above, any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, will not be considered by the City as a change to the Work and the Contractor waives any claim for an adjustment on the Contract Price or the Contract Time. 10.6.2. The Contractor shall, within Ten (101 consecutive calendar days submit in detail, a Contractor Change Request, and provide the Engineer a complete and itemized proposal which contains the information described in Article 11. The proposal shall also contain a detailed explanation, citing all applicable provisions in the Contract Documents, which supports the Contractor Change Request. If the Contractor does not submit its itemized proposal within the time described above or within such extension which the Engineer, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract Price or Contract Time azisthg out of the actor event described in the Contract Chaoge Request. 10.6.3. If a Contractor Change Request is denied by the Engineer, m whole or in part, any claim for an increase in the Contract Price or Contmct Time arising out of the act or event described in the Contractor Change Request is waived unless the Contractor timely complies with the provisions of pazagraphs 10.4.1. through 10.4.6. ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACT TIME 11.1 Contract Price Adjustments. All adjustments to the Contract Price shall be determined by using one or more of the following methods: 11.1.1 A negotiated lump sum for work items that cannot be itemized. The Contractor shall promptly provide sufficient substantiating data, including calculations, measurements, cost records, production rotes, equipment types and capacity, labor costs by craft and other information which the City may reasonably require the Contractor to produce in order to permit the City to evaluate the Contractor's lump sum change order proposals. In pricing this proposal, the Contractor shall include estimates of the type of costs described in Section 11.4 below. SGC-35 11.1.2 Unit prices stated in the Contract Documents or subsequently agreed upon multiplied by final verified quantities of work performed; 11.1.3 Cost to be determined in a manner agreed upon by the parties which includes markups that do not exceed those set forth in Section 11.4 below. 11.1.4 Costs to be determined in the manner described in Section 11.3.1 11.2 Contract TimeAdjus[ments. 11.2.1. Any extension of the Contract Time must be requested in a Contractor Change Request which complies with al] of the requirements of paragraphs 10.4.1 through 10.4.6. Failure to strictly wmply with the timing and submittal requirements shall constitute a waiver of any request or claim. 11.2.2. If the Contractor is delayed at any time in the progress of the Work and such delay was caused, in whole or in part, by the act or omission of the City, or by changes ordered in the Work pursuant to strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties, or any other causes beyond the Contractor's control, then the Contract Time shall be extended by the City. Such extensions will be for a period of time as the City may in its discretion determine, provided however that such delay could not have been avoided by the exercise of due diligence by the Contractor and did not result from the acts or omissions of the Contractor and, provided further, that they Contractor has taken reasonable actions to mitigate or prevent further delays resulting from such causes. 11.2.3. If abnormal weather conditions are the basis for a claim for an extension of the Contract Time, such claim shall be documented on the City of Aspen Engineering Departrnent's Daily Construction Log forms substantiating that weather conditions were unusually severe for the period of time, and could not have been reasonably anticipated Regardless of actual weather conditions, any day in which the Contractor is able to work StxN Percent (60%) or more of its scheduled work force shall not be counted as an abnormal weather day for purposes of calculating weather related time extensions. 11.2.4. The Contractor agrees that delays resulting from any causes other than acts or omissions of the City, its employees, agents or officials shall be considered fully compensated by a time extension only and agrees to make no claim for monetary damages for such delays. In no event shall the Contactor be entitled to recover any delay costs caused by the acts or omissions of the Contractor, its employees or agents. 11.2.5. If the Contractor believes that it has suffered delays in performing the Work that aze caused by acts or omissions of the City, the Contractor may submit a Contractor Change Request with detailed justifications acceptable to the Engineer. Failure of the Contractor to comply with all requirements shall constitute a waiver of any claim for damages resulting from such delays. 11.3 Force Account Work 11.3.1 In situations where the cost or time for performing a required change cannot be adequately defined or agreed upon but the changed Work must proceed, the City may direct the Contractor to perform the Work on a Force Account basis. Adjustment shall be determined on the basis of reasonable expenditures and savings of those performing the change in the Work including, in case of an increase in the Contract Amount, an allowance for overhead and profit which shall not exceed the allowance described in 11.4.7 below. In such case, the Contractor shall keep and present, in such form as the City may prescribe, an itemized detailed accounting together with appropriate supporting data of al] of the costs described in Section 11.4.1 through Section 11.4.4 which clearly distinguishes the cost of changed Work from base contract Work. Information that shall be required on these forms includes an itemization of all costs for labor, materials and equipment rental and total costs to date for force account work. The Contractor shall include hours worked, rates of pay, names and job classifications for all workers and size, type, identification number, rental rate and hours of operation for equipment. SGC-36 11.3.2 Unless otherwise provided in the Contract Documents, costs for the purposes of Force Account Work shall be itemized daily on Dai]y Force Account Forms provided by the Engineer which are signed by the Contractor and the Engineer. Such costs shall form the basis for determining the maximum amount to be paid the Contractor, but this amount may be reduced where necessary to take into account the cost of base contract Work, Work included in approved Change Orders, Work described in Work Directive Changes, idle time for workers and/or equipment when work could have been performed in other locations or the number of workers or amount of equipment provided exceeds the number or amount required to perform the Work, unsatisfactory Work or Work which may be performed concurrently with the changed Work and which cannot be easily segregated from the changed Work. The worker hours, equipment hours, and materials installed shall be logged on the City of Aspen Engineering Department's Daily Construction Log form for every day the work is performed. 11.4 Contract Sum Determination 11.4 ht no event shall the change or credit to the City associated with any change exceed the sum of the following: 11.4.1 Direct Labor. Actual net direct increase or decrease in the cost of the Contractor s labor for all work associated with the change. Contractor's labor shall be limited to Davis-Bacon Act work categories or other labor (including salaried field personnel) that perform the individual change in Work full-time. For shop work, the direct labor includes workers who work directly on the item being manufactured or operators of equipment being used to handle items being manufactured. 11.4.2 Labor Bwden. Contractor s actual costs for workers compensation and liability insurance, payroll taxes, social security and employees fringe benefits (including employer paid health insurance) imposed on the basis of payrolls. This bwden must reflect the variability of some bwdens, i.e., social secwity. The bwden shall include all small tools which cost less than $200 apiece. 11.4.3 Direct Material, Suoolies, Installed Equipment. Actual net direct cost of materials, supplies and equipment incorporated in or consumed by the Work. If actual costs aze not available, the cost shall be the lowest commercially available price including all dismounts and rebates and all applicable taxes. Cost shall be based on buying the material, supplies and equipment in the largest practical quantity to receive quantity discounts. ] 1.4.4 Eouinment. Actual net cost to the Contractor of owned and/or rented equipment other than small tools, to be determined using the following method(s): (1) Owned equipment operating costs shall be determined using accepted industry standard forms and methods for "Owning and Operating Equipment" as described by the U.S. Army Corps of Engineers (COE) in its latest edition of the "Construction Equipment Ownership and Operating Expense Schedule, Region V" (Document No. EP 1 I10-1-8, Volume 5). (2) Rental equipment costs shall be determined using actual invoiced rates less all discounts for bare equipment rental Operating costs will be determined based on rates th the above-cited C.O.E. manual. (3) Mobilization/demobilization costs will be paid if the equipment is mobilized exclusively for Work described m a change requested by the Engineer or a Change Order. If the equipment is used on base contract work, no mobilization or demobilization cost will be paid. Mobilization/demobilization most will be based on using the least expensive means to mobilize or demobilize. Equipment shall be obtained from the nearest available sowce. When the least expensive methods are used, then costs shown in the actual invoice will be the basis for pricing. 11.4.5 Bonds Insurance Permits and Taxes. Actual increases or decreases in the cost of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work. 11.4.6 Subcontract Costs. Net cost of subcontractor work at any tier, provided that the cost of the subcontractor is determined in accordance with the above requirements. When possible, the Contractor shall obtain quotes from two or more subcontractors. SGC-37 11.4.7 Overhead and Profit. (1) Ten percent (10%) of the sum of Section 11.4.1 through Section 11.4.5 above, to cover a profit for Work performed by that Contractor or subcontractor. (2) Two percent (2%) of Section 11.4.6 above to cover Contractor s and subcontractor's overhead and profit for work performed by the Contractor or subcontractor. (3) Neither the Contractor nor any subcontractor, nor the Ciry in the case of a credit, will attempt to apply these percentage adjustments in a way which would pyramid either the cost or credit because a subcontractor or subcontractors at any tier are involved. 11.4.8 Totals as Equitable Adiustment. The Contractor agrees that the total of the above constitutes an equitable adjustment for any and all damages resulting from a change or due to delay or disruption caused by the City. The Contractor's choice of idling and Down Time shall not constitute on CiN's cause for delay or disruption. II.S Cost and Pricing Data 11.5.1 Certificate of Curent Cost or Pricinc Data. The Contractor shall submit a Certificate of Curent Cost or Pricing Data with any agreed upon Contract Price adjustment, but prior to the execution of a Change Order for the work, m the following format: Cert~cate of Current Cost and Pricing Data This is to certify that, to the best of my knowledge and belief, the cost of pricing data submitted in writing to the Ciry in support of * are accurate, complete, and current as of ** and represent the best prices available from suppliers and subcontractors. This certification includes the cost of pricing data supporting any advance agreements and forward pricing rate agreements between the offer or and the City that are part of the proposal. Firm Name Title Date * Identify the appropriate number of the Change Notice. ** Date when pricing negotiations were concluded and price agreement was reached. *** Date of signing, which should be as close as practicable to the date when the price negotiations were concluded and price agreement reached. 11.5.2 Vendor Statements. The Contractor shall submit in support of all items which are not unit prices or lump sum prices established by the Contract, statements by the affected vendors that the prices are not in excess of those previously charged to the City or the supplier's regulaz commercial customers for the same items. 11.5.3 Price Reductions for Defective Costs or Pricine Data. If it is later determined that pricing adjustments to the Contract were not correct due to incomplete or inaccurate pricing data by the Contractor or any subcontractor or supplier or that lower prices were readily available, the price shall be reduced accordingly and the Contrail modified by a Change Order. SGC-38 11.6 Variation in Quanfiry of Unit Priced hems: Where the quantity of aunit-priced item in this Contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the Contract Price may be made by a written Change approved by the Contractor and the Engineer. The equitable adjustment shall be based upon any increase or decrease in cost due solely to the variation above 125 percent or below 75 percent of the estimated quantity. The City at any time after the awazd of the Contract, may delete Bid items, provided that the total of such deletions does not exceed twenty five percent (25%) of the total Contract Price, and such deletions will not justify an increase m other Bid prices. If the quantity variation is such as to cause an increase in the time necessary for completing the Work the Contractor may request in writing, an extension of time only. ARTICLE 12 -Reserved ARTICLE 13 -WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Li.l Warranty: 13.1.1. The Contractor warrants and guarantees to City that all Work, whether supplied, famished, installed, provided, or performed by Contractor, a Subcontractor, or Supplier, will be in accordance with the Contract Documents and will not be Defective. All Defective Work, whether or not in place, must be rejected, corrected or accepted as provided in this Article 13. Work shall be performed in a skillful and workmanlike manner. Except where longer periods of warranty are indicated for certain items, Contractor warrants Work, whether famished, installed, provided, performed or supplied by Contractor, a Subcontractor or Supplier, to be free from faulty materials and workmanship for a period of not less than One Year firm date of Substantial Completion, which One Year period shall be covered by the Maintenance Bond and Payment Bond as specified in the Contract Dceuments. Landscaping replacement shall be warranted for two growing seasons. 13.1.2. The Contractor, at no additional expense to the City, shall remedy damage to equipment, the site, or the buildings or the contents thereof that is the result of any failure or defect in the Work, and restore any work damaged in fulfilling the requirements of the Contract Documents. 13.1.3. With respell to all warranties, express or implied, from Subcontractors, manufacturers, or Suppliers for Work performed and materials famished under the Agreement, the Contractor shall: 13.1.3.1.Obtain all warranties that would be given in normal commercial practice. To the extent that the Subcontractors, manufacturer's, or Supplier's, standard warranty exceeds the minimum City requirements as set forth in this Article or elsewhere in the Contract Documents, the Subwntractor's, manufacturer's, or Supplier's standazd warranty shall apply. Otherwise, the Contractor shall be responsible for a Two Year term under the Maintenance Bond. 13.1.3.2. Require al] warranties to be executed, in writing, for the benefit of the City, if directed by the Engineer or. 13.1.3.3. Enforce all warranties for the benefit of the City, if drected by the Engineer. 13.1.3.4. Assign all warranties and guarantees in writing to the City upon the request of the City. 13.1.4. Notwithstanding anything to the contrary above, the Contractor shall warrant that all equipment which are incorporated into the Work or any subsystem shall be new, free from liens and defects in design, have cleaz title, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of the Contract Documents, to the drawings issued for manufacture by the Contractor, and shall be in conformance with the Technical Specifications and Contractor's Proposal (except in those instances where the Contractors Proposal has been amended by subsequent Technical Specifications). Unless the warranty period is otherwise extended or modified, the following warranty shall apply. If within Five (SI Years from the date each piece of equipment incorporated into the Work or any subsystem is accepted by the City, it appeazs that the equipment or any part thereof does not conform to the above warranty and guarantee provisions, and the City so notifies the Contractor within a reasonable time after its discovery, the Contractor shall thereupon promptly correct such nonconformity to the satisfaction of the City, at the Conhactor's sole expense; failing which the City may reject the item and cover by purchasing substitute items or the City may proceed to make corrections or accomplish the Contractor's performance by the most expeditious means available, the cost of cover or correction shall be charged to the Contractor. SGC-39 13.1.4.1. The preservation, packaging, packing, and mazking, and the preparation for, and method of, shipment of such equipment shall conform with the requirements of the Contract Documents. 13.1.4.2. When return, corrections, or replacement is required, transportation charges and responsibility for the supplies and equipment while in transit shall be home by the Contractor. 13.1.5. in addition to the foregoing, in the event that any single component in the Work experiences failures during the warranty period such that the number of failures under normal service conditions exceeds ten percent (] 0%) of the Work population of that component, the Contractor shall perform a design defects analysis. If the analysis shows the component design to be defective, the component shall be redesigned, and the entire population of that component shall be replaced and/or retrofitted. 13.1.6. Whenever there is a conflict between the warranties required by the Contract Documents and the warranty provided by a Subconhactor, manufacturer or Supplier, the terms and conditions of the warranty that affords the City the greatest protection shall be binding upon the Contractor. 13.1.7. The above warranties or other warranties agreed to by Contractor shall not limit the City's rights under other provisions of this Article with respect to latent defects, gross mistakes, or fraud. 13.1.8. Neither the foregoing nor any provision in the Contract Documents, nor any special guarantee time limit, shall be held to limit the Contractor's liability for defects, to less than the legal limit of liability ur accordance with the law of the place of building. 13.1.9. Any supplies or equipment, or parts thereof, corrected or famished in replacement under this Article, shall also be subject to the terms of the warranty provisions herein to the same extent as supplies and equipment initially delivered. The warranty, with respect to supplies, equipment, or parts thereol; shall be equal in duration as if initially delivered and shall run from the date of delivery of the corrected or replaced supply, or upon the date it is placed in service, whichever is later. 13.2 Access to Work: The Engineer and the Engineer's representatives, other representatives of the City, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work, at any time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. 13.3 Tests and Inspections: 13.3.1. The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and approval tests for the Work performed by the Contractor or his/her Subcontractor(s). 13.3.2. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay al] costs in connection therewith and famish the Engineer the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or Re-testing required in connection with the City's or the Engineer's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to The Contractor's purchase thereof for incorporation in the Work. The cost of all inspections, testing, re-testing and approvals m addition to the above that are required by the Conttact Documents shall be paid by the Contractor (unless otherwise specified). The City will conduct and pay for the conformance tests on materials installed in-place, and the Contactor shall pay for re-testing of all failing and non-conforming materials thereafter. 13.3.3. All inspections, tests or approvals other than those requved by Laws or Regulations of any public body having jurisdiction shall be performed by professional firms or certified materials laboratories acceptable to the Engineer. 13.3.4. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Engineer, it must, be unwvered for observation. Such uncovering and testing when required by the Engineer shall beat the Contractor's expense. 13.3.5. Neither observations by the Engineer nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Work in accordance with the Contract Documents. SGC-40 13.4 Uncovering Work: 13.4.1. If any Work is covered contrary to the written request of the Engineer it must, if requested by the Engineer, be uncovered for the Engineer's observation and replaced at the Contractor s expense. 13.4.2. If the Engineer considers it necessary or advisable that covered Work be observed by the Engineer or inspected or tested by others, the Contractor, at the Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the Work in question, famishing all necessary labor,'material and equipment. If it is found that such Work is Defective, the Contractor shall beaz all direct; indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstmction, (including but not limited to fees and charges of engineers, architects, attomeys and other professionals), and the City shall be entitled to an appropriate decrease in the Contract Price. 13.5 Ciry May Stop The Work: If the Work is defective, or the Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the Ciry to exercise this right for the benefit of the Contractor or any other party. I3.6 Correction or Removal of Defective Work: If requred by the Engineer or the City, the Contractor shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Engineer or the City, remove it from the site and replace it with non-defective Work. The Contractor shall bear all dvect, induect and consequential costs of such correction or removal (including but not limited to fees and chazges of engineers, architects, attomeys and other professionals) made necessary thereby. 13.7 Correction Period: If within Two Years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be Defective, the Contractor shall promptly without cos[ to City and in accordance with City's written instructions, either correct such Defective Work, or, if it has been rejected by City, remove it from the site and replace it with non-defective Work. If the Contractor does not promptly comply with the terms of such instmctions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the Defective Work corrected or the rejected Work removed and replaced, and all direct, indrect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attomeys and other professionals) will be paid by the Contractor. In special circumstances where a particulaz item of equipment or portion of Work is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an eazlier date if so provided in the Specifications or by Written Amendment. Landscaping replacement shall be warranted for two growing season. 13.8 Acceptance of Defective Work: I~ instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, the City may do so. The Contractor shall bear all duel, indvect and consequential costs attributable to the City's evaluation of and determination to accept such Defective Work. All accepted defective Work shall be subject to significant price reduction acceptable to the City and the City Engineer. 13.9 City May Correct Defective Work: If the Contractor fails within Ten (10) consecutive calendar davs after written notice of the Engineer or the City to proceed to correct and to correct Defective Work or to remove and replace rejected Work as requved by the Engineer or the City in accordance with paragraph 13.6., or if the Contractor fails to perform the Work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven days' written notice to the Contractor, wrrect and remedy any such deficiency. In exercising the rights and remedies under this paragmph the City shall proceed SGC-41 expeditiously to the extent necessary to complete wrrective and remedial action. The City may exclude the Contractor from all or part of the site, take possession of all or part of the Work, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere. The Contractor shall allow the City, the City's representatives, agents and employees such access to the site as may be necessary to enable the City to exeroise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the City in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the City incorporating the necessary revisions in the Conttact Price. Such dvect, indirect and wnsequential costs will include but not be limited to fees and charges of engineers, azchitects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's Defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the City of the City's rights and remedies hereunder. I3.I0 Unauthorized Work: Work performed beyond the lines and grades on the Drawings or approved Design Documents, Construction Documents or Shop Drawings and extra work done without written authorization, will be considered as unauthorized work, and the Contractor will receive no compensation therefore. If requved by the City, unauthorized work will be remedied, removed, or replaced by the Contractor at the Conhactor's expense. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.I Determination ojWork Value: The Work quantities recorded on the City of Aspen Engineering Departrnent's Daily Construction Log forms shall serve as the basis for preparation and justification of the progress payments. Payments to the Contractor shall be prepazed on the City of Aspen Engineering Department's Progress Pay Estimate Form on account of Unit Price Work based on the number of units actually installed complete in place and transferred from the Daily Constmction Logs. 14.2 Application jor Progress Payment: 14.2.1. Progress payments shall be made once each month as the Work progresses, when the Contractor is performing satisfactorily under the terms of the Contract Documents. Said payments shall be based upon progress estimates prepazed by the Engineer, of the value of work performed and materials placed in accordance with the Contract Documents and the value of materials on hand in accordance with these General Conditions. The amount of the progress estimate to be paid to the Contractor shall be subject to the following: 14.2.1.1 STANDARD RETAINMENT, The City shall make a deduction from the progress estimate in the amount considered necessary to protect the interests of the City, pursuant to Section 24-91-103, CRS. That amount to beretained shall be as follows: (a) for contract price of less than $50,000 the retained amount shall be 10% of the value of the completed work; (b) for contract price between $50,000 to $1,000,000.00 the retained amount shall be 7% of the value of the wmpleted work; and, (c) for contract price over $1,000,000.00 the retained amount shall be 5% of the value of the completed work. No further retainment shall be withheld if the Contractor makes satisfactory progress in the Contract Work. The amount retained shall be in effect until such time as fmal payment is made, with the following exceptions: a) When one hundred Percent (100%) of the Work has been complete, the Engineer may, at his/her discretion, reduce the retained amount by fifty percent (50%) of the required retainage. b) Upon one hundred percent (100%) completion and acceptance of the project, the Engineer may reduce the retainment to fifty percent of the required retainage. In addition to standazd retainment, the City shall withhold funds for claims against the Contractor filed by Subcontractors and Suppliers, pursuant to Section 38-26-107, CRS. 14.2.2. NO PAYMENT. A progress payment shall not be made when the total value of the work done since the last estimate amounts is less than $500.00. SGC-42 14.2.3. LUMP SUM ITEMS. All lump sum Bid items shall be paid on a pro-rata basis determined by the percentage of the total Work wmpleted or if the Bid item is installed or completed One Hundred Percent (100%~ in place and accepted by the Engineer. 14.2.4. SUBCONTRACTOR PAYMENTS. In addition to the other requirements regarding subcontracting the Work, the Contractor is responsible for prompt payments to all Subcontractors. As a minimum, the Contractor is responsible for prompt payments to all Subcontractors. As a minimum, the Contractor shall incorporate provisions in all subcontracts to satisfy the following requirements: 14.2.4.1. The Contractor shall make payments to all Subcontractors at least once each month as the Work progresses, when the Subcontractor is performing satisfactorily under the teens of the Contract Documents between the Contractor and Subcontractor; 14.2.4.2. Payments to Subcontractors shall be based on all moneys due the Subcontractor under the terms of the contract between the Contractor and Subcontractor, The Contractor shall make payments to Subcontractors within 10 days of receipt of the City's payment to the Contractor; Subcontractors and lower tier subcontractors shall make payments to their subcontractors, according to the requirements above and shall make payments within 10 days of receipt of payment from the next higher tier. 14.3 Contractor's Warranty of Title: The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any progress pay estimate approved for Payment, whether incorporated in the Project or not, will pass to the City no later than the time of payment free and cleaz of all Liens. 14.4 Engineer's Review of Progress Payments. 14.4.1. The Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by the Engineer to the City, based on the Engineer's on-site observations of the Work in progress and on the Engineer's review of the pay estimate form and the accompanying data and schedules that the Work has progressed to the point indicated; that to the best of the Engineer's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work in the Bid Proposal form, and to any other qualifications stated in the recommendation); and that the Contractor is entitled to payment of the amount recommended. However, by recommending any such payment the Engineer will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to the Engineer in the Contract Documents or that there may not be other matters or issues between the parties that might entitle the Contractor to be paid additionally by the City or the City to withhold payment to Contractor. 14.4.2. The Engineer may refuse to recommend the whole or any part of any payment if, th the Engineer's opinion, it would be incon•ect to make such representations to the City. The Engineer may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in the Engineer's opinion to protect the City from loss because: 14.4.2.1. The Work is Defective, or completed Work has been damaged requving correction or replacement; 14.4.2.2. The Contrail Price has been reduced by Written Amendment or Change Order; 14.4.2.3. The City has been required to correct Defective Work or complete Work in accordance with paragraph 13.9.; or, 14.4.2.4. Of the Engineer's actual knowledge of the occurrence of any of the events enumerated in Article 15. SGC-43 The City may refuse to make payment of the full amount recommended by the Engineer because claims have been made against the City on account of the Contractor's performance or famishing of the Work or Liens have been filed in connection with the Work or there are other items entitling the City to a set-off against the amount recommended, but the City must give the Contractor immediate written notice (with a copy to the Engineer) stating the reasons for such action. 14.5 Substantial Completion: 14.5.1. The date accepted by the Ciry when the construction of all Work items in the project or a specified part thereof is One hundred oercent (100%) completed, in accordance with the Contract Documents, so that the project or specified part can be utilized for the purpose for which it is intended shall establish substantial completion for the project or for a specified part. 14.5.2. When the Contractor considers the entire Work ready for its intended use, the Contractor shall coordinate with the City an inspection of the Work and wnduct such tests as required to ensure the Work meets or exceeds all Performance Standards to help determine the status of completion. If the City does not consider the Work satisfactorily complete, the Engineer shall notify the Contractor in writing giving the reasons therefore. 'there shall be a Punch List of the items to be completed before final inspection and final payment At the time of delivery of the completed punch list items, the City must conduct a final inspection and upon acceptance by the City, the Contractor shall deliver a fully executed Claim Release form to facilitate the project closure. 14.6 Portia! Utilization: Use by the City of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the Ciry, the Engineer and the Contractor agree constitutes a separately functioning and useable part of the Work that can be used by the Ciry without significant interference with the Contractor's performance of the remainder of the Work, may be accomplished prior to Final Completion of all the Work subject to the following: 14.6.1. The Ciry at any time may request the Contractor in writing to permit the Ciry to use any such part of the Work which the City believes to be ready for its attended use and substantially wmplete. If the Contractor agrees, the Contractor will certify to the Ciry and the Ciry Engineer that said part of the Work is substantially complete. 14.7 Finallnspeckons: Upon written notice from the Contractor that the entire Work or an ageed portion thereof is complete, the City will make a fmal inspection with the Engineer and the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. The Contractor shall immediately take such measures as are necessary to remove and eliminate all such deficiencies. All deficiencies or incomplete Work items shall be recorded by the Ciry Project Inspector on a Punch List Sheet(s) and distributed to the Contractor and the Engineer immediately. 14.8 Final Progress Payment: 14.8.1. After the Contractor has completed all such corrections to the satisfaction of the City and delivered all maintenance and operating instructions, schedules, guarantees, as-built documentation (as provided m pazagraph 6.12) and other documents -all as required by the Contract Documents, and after the City has indicated that the Work is acceptable, the Contractor shall deliver to the Engineer a fully executed and notarized Claim Release Form and the City Engineering Deparhnent will advertise for project closure and release of the final retainment. The final pay estimate will consist of retainment amount only. Final payment will be released following a thirty (30) day waiting period from the date of the second publication of the advertisement for final settlement and closure if no verified claim has been filed with the City. 14.9 Set[lement Date, Notice to Subcontractors, Acceptance and Final Payment: If, on the basis of the Engineer's observation of the Work during construction and final inspection, and the Engineer's review of the final progress Payment and accompanying documentation -all as requred by the Contract Documents, the Engineer represents to the City that the Work has been completed and the City is satisfied that the Work has been completed and the Contractors other obligations under the Contract Documents have been fiilfilled, the City shall cause to be published on two (2) consecutive weeks in the weekly editions of the Aspen Times, a public notice setting a final settlement date; which said settlement date shall be at least ten (10) days after the second publication. Said notice shall advise all persons, co-partnerships, associations of persons, companies, or corporations that have famished labor, provisions, materials, team hire, sustenance, or other supplies used or consumed by SGC-44 Contractor or his subcontractor(s), that they may file a claim with the City, at any time up to and including the time of final settlement. Upon filing of any such claim, the City shall withhold from retainment withheld in accordance with the Contract Documents, to insure the payment of said claims until the same have been paid or such claims as filed have been withdrnwn, such payment or withdrawal to be evidenced by filing with City a receipt in full or an order for withdrawal in writing and signed by the person filing such claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than Nine , Davs following the date fixed for final settlement as published unless an action is commenced within that time to enforce such unpaid claim and a notice of Lis Pendens is filed with the City. At the expiration of such ninety day period, the City shall pay to Contractor such moneys and funds as are not subject of suit and Lis Pendens notices and shall retain thereafter, subject to the fmal outcome thereof, only such balance of funds to insure the payment ofjudgments which may result from such suit. 14.8.2. If, the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage set forth at paragraph 14.2., and if Bonds have been famished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Conhactor to the Engineer. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 14.10 Contractor's Continuing Obligation: The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progess or final payment by the Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by the City to the Contractor under the Contract Documents, nor any act of acceptance by the City nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by the Engineer pursuant to pazagraph 14.9, nor any correction of Defective Work by the City will constitute an acceptance of Work not in accordance with the Contract Documents or a release of the Contractor's obligation to perform the Work in accordance with the Contract Documents. 14.11 Liquidated Damages: 14.11.1. TIME FOR COMPLETION: It is hereby understood and mutually agreed, by and between the Conttactor and the City, that the date of beginning Work and the time of completion as specified herein aze essential conditions of the Ageement. The Contractor agns that said Work shall be prosewted regularly, diligently, and at such rate of progess as will ensure completion within the time(s) specified. It is expressly understood and ageed, by and between the Contractor and the City, that the time(s) for completion of the Work described herein are reasonable time(s) for the completion of the Work, taking into consideration the average climatic conditions prevailing in the locality of the Work. 14.11.2. TIME IS OF THE ESSENCE TO THE AGREEMENT: It is further agced that time is of the essence in completing the Work, and that the Project Work Schedule referenced at paragaph 6.9. and the Submittal Schedule referenced at paragraph 6.3. and al] dates set forth therein and where in the Contract Documents, an additional time is allowed for the completion of the Work, the new time limit Faced by such extension shall be of the essence of the Contract. 14.11.3. LIQUIDATED DAMAGES: Substantial Completion of the Consttuction Phase aze of paramount importance to the City. If any portion of the Work is not completed in accordance with any time extensions granted by the City, the City will suffer damage, the extent of which will be impractical and extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is hereby ageed that the Contractor shall pay to the City the amounts specified in the ~uidated Damages Form included in the Contract Documents. This particular provision shall not be construed as a penalty upon said Contractor for failing fully to complete said Work as ageed in the Proposal and Contract Documents nor is it intended, but as Liquidated Damages to compensate the City for all costs incurred as a result of such breach of Contract. 14.11.4. DELAYS IN WORK COMPLETION OF CONSTRUCTION PHASE: Subject to the terms of "Excusable Delays", as contained in Section 14.11.6. of the General Conditions, the Contractor expressly agees to pay the City as a reasonable estimate of just compensation for damages contemplated with the clause, the amount set forth in the Liquidated Damages Form for each consecutive calendar day that Substantial Completion is delayed in the Construction of the project. In no event shall the total amount of liquidated damages exceed Twentv Percent (20%) of the total Contract Price for the Construction. 14.11.5. DELAYS IN SUBMITTAL OF AS-BUILT DOCUMENTATION: Should the Contractor fail to make delivery of the as- built documentation covered in the Contract Documents prior to release of the final payment, it shall pay liquidated damages to the City the amounts equal to preparation cost of the As-Built drawings by the City and its Engineers and Surveyors. SGC-45 14.11.6. EXCUSABLE DELAYS -FORCE MAJEURE: If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so faz as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or overcame such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any pohtical subdivision, except the City, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, foes, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. 14.11.2 CUMULATIVE REMEDY: The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under contract. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION I5.1 City May Suspend Work: The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the Contractor and will fix the date on which work will be resumed. The Contractor shall resume the Work on the date so fixed. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both if the Consecutive Calendar Davs are used to complete the Work ,directly attributable to any suspension if the Contractor makes an approved claim therefor as provided in Article 1 L Other Work suspensions such as delayed start or phased consttuction shall not entitle the Contractor to any compensation of payment or time. 15.2 City May Terminate: Upon the occurrence of any one or more of the following events 15.2.1. If the Contractor commences a voluntary case under any chapter of the Bankwptcy Code (Title II, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similaz action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankrnptcy or insolvency; 15.2.3. If the Contractor makes a general assignment for the benefit of creditors; 15.2.4. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under contract, whose appointment or authority to take chazge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 15.2.5. If the Contractor admits in writing an inability to pay its debts generally as they become due; 15.2.6. if the Contractor persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. If the Contractor disregards Laws or Regulations of any public body having jurisdiction; SGC-46 15.2.8. If the Contractor disregazds the authority of Architect; or, 15.2.9. If the Contmctor otherwise violates in any substantial way any provisions of the Contract Documents: The City may, after giving the Contractor (and the surety, if there be one) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude the Contractor from the site and take possession of the Work and of all the Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere, and finish the Work as the City may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference [o the City. Such costs incurred by the City will be approved as to reasonableness by the Engineer and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph the City shall not be required to obtain the lowest price for the Work performed. 15.2.10. Where the Contractor's services have been so terminated by the City, the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 15.2.11. Upon seven days' written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Contract. In such case, the Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. 15.3 Contractor May Stop Work or Terminate: If, through no act or fault of the Conttactor, the Work is suspended for a period of more than ninety days by the City or under an order of court or other public authority, then the Contractor may, upon seven days written notice to the City and the Engineer, terminate the Contract and recover from the City payment for all Work executed and installed in place and any expense sustained plus reasonable termination expenses. The provisions of this pamgraph shall not relieve the Contractor of the obligations under Article 6 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the Ciry. ARTICLE 16 -MISCELLANEOUS 16.1 Nondiscrimination Dining the performance of this Contract, the Contractor agrees as follows: 16.1.1. 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 aze employed, and that employees are treated during employment without regazd to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Viet Nam em 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 maining, 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. 16.1.2. The Contractor, with regazd to the W ork performed by it during the Contract, shall not discriminate on the grounds of race, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. SGC-47 16.1.3. The contractor will, in all sohcitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. 16.1.4. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or Supplier shall be notified by the Contractor of the subcontractor's obligations under this Contract and the regulations relative to nondiscrimination on the Bounds of race, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. 16.1.5. The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 16.2 Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the fum or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.3 Computation of Time: 16.3.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicablejurisdiction, such day will be omitted from the computation. 16.3.2. A consecutive calendaz day of twenty-four hours measured from midnight to the next midnight shall constitute a day. A working day is any day; Monday through Friday of each week, also called business day. 16.4 General: Should the City or the Contractor suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this pamgraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 16.4.1. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the Contractor by the General Conditions, and all of the rights and remedies available to the City thereunder, are in addition to, and aze not to be construed th any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obhgation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive fmal payment and termination or completion of the Agreement. 16.5 Independent Contractor Status: It is expressly acknowledged and understood by the parties that nothing in this agreement 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 aze under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, workei 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 Conttactor's agents, employees, servants and subcontractors during the performance of the Contract. SGC-48 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. 16.6 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 indvect, m this Agreement or the proceeds thereof. 16.7 Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict ojlnterest: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an ageement 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. 16.7.1. The Contractor agrees not to give any employee or former employee of the City a gmtuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, prepazation 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. 16.7.2. 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 awazd 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. 16.8 Payments Subject to Annual Appropriations: If the contract awarded extends beyond the calendar yeaz, 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 appropriated. 10.9 Contractor Acceptance: 16.9.1. The acceptance by the Contractor of any payment made on the fmal completion of Work under these General Conditions, or of any final payment due on termination ,shall constitute a full and complete release of the City from any and all claims, demands and causes of action whatsoever which the Contractor, has or may have against the City under the provisions of these Contract Ibcuments. 16.9.2. No action shall be maintained by Contractor, its successors or assigns, against the City or the Engineer on any claims based upon or arising out of this Contract or out of anything done in wnnection with this Contract unless such action shall be commenced within 180 days after the date approval of the final progress payment hereunder, or within 180 days of the termination of this Agreement. 16.10 Successors and Assigns This Contract and all of the covenants hereof shall inure to the benefit of and be bidding upon the City and the Contractor respectively and their agents, representatives, employees, successors, assigns and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. SGC-49 16.11 Third PareYes This Contract does not and shall not be deemed or construed to confer upon or Brent to any third party or parties, except to parties to whom the Contractor of the City may assign this Ageement in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, ageements or conditions herein contained. 16.12 Waiver No waiver of default by either party of any temu, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 16.13 Contract Made in Colorado The Parties agee that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 16.14 Attorney's Fees In the event that legal action is necessary to enforoe any of the provisions of this Contract, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 16.15 Waiver ofPresumptian This Contract was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agee that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contmd. 16.16 Severabiliry Clause: If any provision of the Contract is subsequently declared by legislative orjudicial authority to be unlawful, unenforceable, or not in accordance with applicable laws, statutes, and regulations of the United States of America or the State of Colorado, all other provisions of the Contract shall remain in full force and effect. I ~ I7 Audit and Records The Contractor shall maintain all data and records pertinent to the Work performed under this Contract, m accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of three (3) years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of the Contmct Documents. The authorized representatives of the U.S. Departrnent of Transportation, Comptroller Genera] of the United States, the State of Colorado and the City shall have access to al] such data and rewrds for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agees that it shall require that any Subcontractor utilized in the performance of this Ageement shall permit the authorized representatives of the United States Department of Transportation, the State of Colorado, and the City, to similazly inspect and audit all data and records of said Subcontractors relating to the performance of said Subcontractors under this Ageement for the same time period. 16.18 Audit 16.18. L COST OR PRICING DATA: If the Contmctor has submitted cost or pricing data in connection with the pricing of any modification to the Contract, unless the pricing was based on adequate price competition, established catalog or market prices of wmmercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Engineer or a representative of the City shall have the right to examine and audit all books, records, documents, and other data of the Contactor (including computations and projections) related to negotiating, pricing or performing the modification, in order to evaluate the accuracy, completeness, and currency of the cost and pricing data. In the case of pricing any modification, the authorized SGC-50 representatives of the U.S. Department of Transportation, and the State of Colorado shall have the same rights 16.18.2. AVAILABILITY: The Contractor shall make available at its offices at all reasonable times the materials described in the Contract Documents, for examination, audit, or reproduction, until three (3) years after final payment under the Contract, or for any period, if any, as is required by applicable statute or by other articles of this Contract. 16.18.3. If this Contract is completely or partially terminated, the records relating to the Work terminated shall be made available for three years after any resulting final termination payment. 16.18.4. Records pertaining to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims. Rev. 1/19/01 (Secs. 14.2.1.1 & 13.1.1) gc1-971 SGC-51 SGG52 SUPPLEMENTARY GENERAL CONDITIONS 1.00 PRE-QUALIFICATION. Pre-Qualification is not required but previous demolition experience is required. Contractor shall provide proof of previous experience renovating/working on historic structures. 2.00 JOB SITE RESTRICTIONS. 2.01 Salvaee. All materials to be removed from the project site or demolished on site, shall be disposed of by the Contractor off the project site. 2.02 Staeine Area. Owner's property is not available for Contractor staging or storage azea. 2.03. Disposal Area. Owner's property is not available for a Contractor disposal area. 2.04. Working Hours. Work will normally be permitted between the hours of 7:00 a.m. and 5 p.m. Other work hours must be approved by Engineer in writing. Work will not be permitted on Saturday and Sunday except that 48 hours prior to written notice to the Owner is required to allow notification to the public. 2.05 Job Site Access. Contractors personnel can access the work area through the door on the east side of the building and material may be brought into the work azea through the freight elevator on the northwest comer of the building. 2.06 Electrical Power. Standard 110 volt electrical service will be provided at or near the work area. It is the Contractor's responsibility to provide the materials needed to connect to the power supply. 2.07 Sanitary Facilities. One sanitary facility will be provided on site for the Contractor's use. SGC-53 SGG54 SECTION 02101 REMOVAL AND REPLACEMENT OF EXISTING FLOOR SYSTEM 1.00 GENERAL 1.01 Scope. This Work shall consist of furnishing all labor, equipment, materials and miscel- laneous items for the removal and satisfactory disposal of all existing floor system and replace- ment of such as required on the design plan as well as for the relocation of all plumbing, con- duit, and associated wiring to install such materials below the new floor system. 1.02 Authorization to Proceed. Do not begin demolition or construction until authorization is received from the contracting official. 2.00 MATERIALS. As shown on sheet S1 General Notes. 3.00 METHODS AND PROCEDURES 3.01 General. Contractor shall meet with Owner to determine the extent of demolition. The Contractor shall remove and dispose of all materials. All salvageable materials noted shall be removed, without unnecessary damage, in sections or pieces that may be easily transported and stored. Remove rubbish and debris from the work area daily unless otherwise directed. Store materials that cannot be removed daily in areas specified by the Owner. It is believed that no friable asbestos material is present in the area of work under this contract. If friable asbestos is encountered it should be disposed of in accordance with all local, state, and federal regulations. Prevent the spread of dust and debris to other portions of the building outside of the designated work area and avoid the creation of a nuisance or hazard in the surrounding area. Do not use water if it results in hazardous or objectionable conditions such as, but not limited to ice, flood- ing or pollution. Vacuum and dust work area daily. Before beginning any demolition, survey the site and examine the drawings and specifications to determine the extent of the work. Record existing conditions in the presence of the Owner showing the condition of the structures and facilities adjacent to areas of alteration or removal. Record the location of existing cracks and other damage and description of surface conditions that exist prior to starting work. Videography is an acceptable method of documentation. 3.02 Disposal. Unusable material may be disposed of offsite at the contractor's discretion in a manner that complies with all local, state, and federal regulations. Where portions of structures are to be removed, the remaining portions shall be prepared to fit new construction. The work shall be done in accordance with Drawings, and in such manner that materials to be left in place shall be protected from damage; all damage to portions of struc- tures to remain in place shall be repaired by the Contractor at his expense. 3.03 Salva e. Salvage all items shown on the Drawings. During demolition, Owner or his representatives may designate additional materials to be salvaged rather than disposed. All salvage materials shall be removed from the job site by the Contractor and stored at a site des- Wheeler Opera House 02101-1 ignated by the Owner. 3.03 Safe .Operations that may damage or constitute a hazard to the public will not be permitted. Contract shall abide by OSHA standards. Safeguard the work area at all times and provide barriers and signage as required to keep un- authorized personnel out of the work area. 3.04 Relocation of Utilities. Perform the removal and reinstallation of relocated items as indi- cated with workmen skilled in the trades involved. All work shall conform to all applicable local, state and federal requirements. Determine the identity of all pipes and wires prior to com- mencement of work. De-energize all live electric lines prior to exposing. Depressurize all sprin- kler systems prior to work. Re-install utilities below new steel joists. It is anticipated some utili- tiesmay have sufficient flexibility to be directly relocated, while others will require temporary termination at new junction boxes, unions, or valves, with new conduit or piping installed be- tween these points to complete the service. 3.05 Items to Remain in Place. Take necessary precautions to avoid damage to existing items to remain in place. Repair or replace damaged items as approved by the Owner. Con- struct or maintain shoring, bracing and supports as required. Ensure that structural elements are not overloaded. Provide new supports and reinforcement for existing construction weak- ened by demolition, deconstruction, or removal work. Repairs, reinforcement, or structural re- placement require approval by the Engineer prior to performing such work. 3.06 Protection of Adjacent Areas. Do not disturb existing construction beyond the extent in- dicated or necessary for new construction. Provide temporary shoring and bracing for support of building components to prevent settlement or other movement. Provide protective measures to control accumulation and migration of dust and dirt in all work areas. Remove dust, dirt and debris from work area daily. 3.07 Protection of Personnel. Before, during, and after the demolition work the Contractor shall continuously evaluate the condition of the structure being demolished and take immediate action to protect all personnel working in and around the project site. No area, section or com- ponent of floors, roofs, walls, columns, pilasters, or other structural element will be allowed to be left standing without sufficient bracing, shoring, or lateral support to prevent collapse or failure while workmen remove debris or perform other work in the immediate area. 4.00 MEASUREMENT AND BASIS OF PAYMENT See Bid Schedule END OF SECTION Wheeler Opera House 02101-2 City of Aspen Qualification Statement Project No.: 2009-015 1. Firm Nsme, Business addru s, Contsc[ Parson G Telephone Number: PNCI Construction, Inc. 553 2512 Road Grand Junction, CO 81505 12. Year Present Fixm 13. Bab This Poem , Eatab li shed: Prepared: 2004 March 31, 20_0.9 ;d. Type of Ovnerahip: I A. small Bmineas ; B. Ninerity ONnad COT OratlOn C_ Moman Orned ----------- P-------------- --------------------- ; 5 Names of not more than two principals to contact: Title/Telephone: ,t Frank P. DeSantis, President, (970) 242-3548 b~ Susan DeSantis, Secretary/Treasurer, (970) 242-3548 6. Project Ezamplea, Last 5 Years: ' __________________________________________________________________________________________________________________________________I ; Proj act Name, Location G Hriaf Oeaeription: Oenetb Name, Addreaa G Telephone: I Coat of Noxk; Dste 1 000 C 1 d ~~~ a~ach~cl z. 9 -a- 1 5. '6_ _7 __. _8__. _9__ 30. IR S ) omp ate _________«___________ ________________________________________________________I r,~~~~1- ~xamP~~ ' ._________«________________________________________~_____________+____________I __________+______________________________________________________r____________, __________ ______________4____________~ ~J i G -------_-___' Location L Brief Description: I O,mer'a Nao~e, kddress c Te lephonc I Co%t 1[000rk' DaC Pro)e[t Nacre, ( $ ) omple ya'' _11___________________________________________________________t________________________________________~ ___________.- lI. 13. la. 15. 16. ' 17. '. ', 18. ~ '~ 19. _ __ _________________________________________ '. 7 Bank Refernce s, Contact Pexaon, Telephone Number: I a) US Bank, Steven Gunderson, (970) 243-2412 b) ________________________________________ c) _ __ _____________________________________________ _______________________ I. 8 Trade References (material suppl ie ra, subcontractors, etc.), Contact Person and Telephone Number: ' ,~ EC Electric, Dustin Riddle, ('?70) 241-3302 bi Cookey`s Mechanical, Dur DeRosia, (970) 245-0171 ~~ Falcon Plumbing & Heating, Seff Hill,_ (970) 434-0556_____________________________________________', ', 9. Name of Bonding Company and Insurance Company, Agent's Name. Describe current liability insurance rove HUB International, Tim Blanchard Liability Insurance Coverage: S'ee attached certificate ~ ~ y r -0 CO.^.L dC2 a^ 3n 3 I hereby xt `y =hat the above Qualif i^a^ion Statement is accurate antl true. I Lereby a~'hori ze ehe Cit of As^er. Y of the a ons ms listed above o of ta'n fur her infoxma[ior. regarding the gvaiif icati ons of my .irm. P~~-oE~T ... Sig nat e r Q51-971.doc 'QS1 Construction Inc. PROJECT EXAMPLES Original contract completion date: 10/2009 Estimated completion date: 10/2009 Rosehill Hospitality House Additian/Remodel Type of Contract: CM/GC Negotiated Owner: St. Mary's Hospital ContaM: Keith Estridge (970) 244-2445 Location: Grand Junction, CO Architect: Boulder Associates, Inc. Engineer: N/A Project Supervisor: Kris Peterson Original Budget: $890,000 Change Order Amount: $0 Percentage of work completed by PNCI: 40% Original contract completion date: 04/2009 Estimated completion date: 04/2009 EC Electric Building Type of Contract: CM/GC Negotiated Owner: PNCI Construction, Inc. Contact: Frank DeSantis (970) 242-3548 Location: Gtand Junction, CO Architect: Boulder Associations, Inc. Engineer: Arches Engineering Project Supervisor. Andy Bosch Original Budget: $700,000 Change Order Amount: $0 Percentage of work completed by PNCI: 65% Original contract completion date: 05/2009 Estimated completion date: 05/2009 St. Mary's Generator Remodel Type of Contract: CM/GC Negotiated Owner: St. Mazy's Hospital Contact: Keith Estridge (970) 244-2445 Location: Grand Junction, CO Architect: NRG Design-Build, Inc. Engineer: N/A Project Supervisor: Mazk Allen Original Budget: $57,723 Change Order Amount: $0 Percentage of work completed by PNCI: 40% Original contract completion daze: 05/2009 Estimated completion date: 05/2009 Mesa County Public Library Site Improvements Type of Contract: Hard Bid Owner: Mesa County Public Library Contact: Eve Tallman (970) 683-2424 Location: Grand Junction, CO Architect: N/A Engineer: N/A Project Supervisor: Todd Schmitt Original Budget: $89,993 Change Order Amount: $0 Percentage of work completed by PNCI: 20% Original contract completion date: 04/2009 Estimated completion date: 04/2009 White River Electric Association Addition & Remodel Type of Contract: Bid Owner: White River Electric Association Contact: Dick Welle (970) 878-5041 Location: Meeker, CO Architect: Design Specialists, P.C. Engineer: N/A Project Supervisor: Billy Wolf Original Budget: $927,766 Change Order Amount: $0 Percentage of work completed by PNCI: 45% Original contract completion daze: 03/2009 Estimated completion date: 03/2009 St. Mary's Rose Hill Hospitality House Fire Sprinkler Install Type of Contract: CM/GC Negotiated Owner St. Mary's Hospital Contact: Keith Estridge (970) 244-2445 Location: Grand Junction, CO Architect: Boulder Associations, Inc. Engineer: N/A Project Supervisor: Kris Peterson Original Budget: $131,912 Change Order Amount: $0 Percentage of work completed by PNCI: 45% Page 1 Construction Inc. PROJECT EXAMPLES Original contract completion date: 03/2009 Completion date: 03/2009 Williams Operations Center Remodel Type of Contract: Bid Owner: Williams Production RMT Company Contact: Jeremy Casteel (970) Location: Parachute, CO Architect: Johnson Carter Architects P.C. Engineer: N/A Project Supervisor. Kris Peterson Original Budget: $1,264,302 Change Order Amount: $0 Percentage of work completed by PNCI: 30% lhiginal contract completion date: 10/2008 Completion date: 10/2008 Enstrom's Candies Type of Contract: CM/GC Negotiated Time & Material Owner: Enstrom's Candies Contact: Doug Simmons (970) 242-1655 Location: Grand Junction, CO Architect: N/A Engineer: N/A Project Supervisor: Kris Peterson Original Budget: $300,000 Change Order Amount: $0 Percentage of work completed by PNCL• 0% Original contract completion date: Ol /2009 Completion date: 01/2009 Mountain View Plaza C Store Type of Contract: CM/GC Negotiated/ Design Build Owner: Rocky Mountain C Stores Contact: Gary Dean (970) 242-9511 Location: Parachute, CO Architect: Design Specialists, P.C. Engineer: Lindaur Associates Project Supervisor: Mark Allen Original Budget: $1,864,413 Change Order Amount: $0 Percentage of work completed by PNCL: 30% Original contract completion date: 01/2009 Completion date: 01/2009 CMC Spring Valley -Glenwood Type of Contract: CM/GC Negotiated Owner: Colorado Mountain College Contact: Sam Skramstad (970) 947-8406 Location: Glenwood Springs, CO Architect: N/A Engineer: N/A Project Supervisor: Todd Schmitt Original Budget: $51,776 Change Order Amount: $0 Percentage of work completed by PNCL: 80% Original contrnct completion date: 11/2008 Completion date: 11/2008 Sk Mary's Hospital - OB Showers Type of Contract: CM/GC Negotiated Owner: St. Mary's Hosptial Contact: Duane Erkman (970) 244-2157 Location: Grand Junction, CO Architect: N/A Engineer: N/A Project Supervisor: Kris Peterson lhiginal Budget: $65,000.00 Change Order Amount: $0 Percentage of work completed by PNCI: 60% Original contract completion date: 10/2008 Completion date: 10/2008 Sk Mary's Hospital Pharmacy Type of Contract: CM/GC Negotiated Owner: St. Mary's Hospital Contact: Dan Northway (970) 244-2293 Location: Grand Junction, CO Architect: N/A Engineer: N/A Project Supervisor. Kris Peterson Original Budget: $52,163 Change Order Amount: $0 Percentage of work completed by PNCI: 60% Page 2 Construction Inc. PROJECT EXAMPLES Original contract completion date: 07/2008 Completion date: 07/2008 Two Rivers Convention Center Operable Wall & Ceiling Replacement Type of Contract: Bid Owner: City of Grand Junction Contact: Scott Hoskins (970) 244-1484 Location: Grand Junction, CO Architect: Sink Combs Dedilefs Engineer: N/A Project Supervisor: Miguel Lopez Original Budget: $662,000 Change Order Amount: $5,515 Percentage of work completed by PNCI: 45% Original contract completion date: 05/2008 Completion date: 05/2008 Flyin' Miats Type of Contract: CM/GC Negotiated /Design Build Owner: Bill Cordell Contact: Bill Cordell (970) 242-3800 Location: Grand Junction, CO Architect: Frank A. Wagner Architect, LLC. Engineer: Arches Engineering Project Supervisor: Billy Wolf Original Budget: $388,000 Change Order Amount: $8,390.00 Percentage of work completed by PNCI: 60% Original contract completion date: 07/2008 Completion date: 07/2008 Refrigeration Hardware Supply Type of Contract: Bid Owner: Refrigeration Hardware Supply Contact: Daniel Gartner (970) 242-6804 Location: Grand Junction, CO Architect: Chamberlin Architects Engineer: Ralston Mechanical Consulting Project Supervisor: Kris Peterson Criginal Budget: $374,000 Change Order Amount: $0 Percentage of work completed by PNCI: 40% Original contract completion date: 03/2008 Completion date: 03/2008 Evidence Lock Up Facility Type of Contract: CM/GC Negotiated /Design Build Owner: City of Grand Junction Contact: James Stavast (970) 244-1566 Location: Grand Junction, CO Architect: N/A Engineer: N/A Project Supervisor: Miguel Lopez Original Budget: $343,000 Change Order Amount: $20,228 Percentage of work completed by PNCI: 40% Original contract completion date: 02/2008 Completion date: 02/2008 St. Mary's Hospital CUP Tunnel Type of Contract: CM/GC Negotiated /Design Build Owner: St. Mary's Hospital Contact: Keith Estridge (970) 244-2445 Location: Grand Junction, CO Architect: Chamberlin Architects Engineer: McGrath, Inc. Project Supervisor: Billy Wolf Original Budget: $2,616,092 Change Order Amount: $237,486 Percentage of work completed by PNCI: 40% Original contract completion date: 02/2008 Completion date: 02/2008 911 Communication Center Remodel Type of Contract: Bid Owner: City of Grand Junction Contact: Scott Hoskins (970) 244-1484 Location: Grand Junction, CO Architect: N/A Engineer: N/A Project Supervisor: Miguel Lopez Original Budget: $126,901 Change Order Amount: $16,556 Percentage of work completed by PNCI: 45% Page 3 Canstructian Inc. PROJECT EXAMPLES Original contract completion date: 07/2007 Completion date: 07/2007 St. Mary's Neurosurgery Type of Contract: CM/GC Negotiated Owner: St. Mary's Hospital Contact: Keith Estridge (970) 244-2445 Location: Grand Junction, CO Architect: Boulder Associates Engineer: Smith Beckman Reid, Inc. Project Supervisor. Kris Peterson Original Budget: $1,040,239 Change Order Amount: $16,482 Percentage of work completed by PNCI: 30% Original contract completion date: 05/2006 Completion date: 05/2006 City Market Pharmacy Type of Contract: CM/GC Negotiated /Design Build Owner: King Soopers/City Market Contact: Eric Evans (303) 778-3058 Location: Grand Junction, CO Architect: Mitchel Plus Company Engineer: N/A Project Supervisor: Andy Bosch Original Budget: $70,000 Change Order Amount: $0 Percentage of work completed by PNCI: 35% Original contract completion date: 09/2006 Completion date: 09/2006 Columbine Elementary School Type of Contract: Bid Owner: School District 51 Contact: Cal Clark (970) 254-5215 Location: Grand Junction, CO Architect: Cazl Vostatek Engineer: N/A Project Supervisor: Billy Wolf Original Budget: $36,850 Change Order Amount: $21,000 Percentage of work completed by PNCI: 15% Original contrail completion date: 09/2006 Completion date: 09/2006 Pomona Elementary School Type of Contract: Bid Owner: School District 51 Contact: Cal Clark (970) 254-5215 Location: Grand Junction, CO Architect: Cazl Vostatek Engineer: N/A Project Supervisor: Billy Wolf Original Budget: $794,282 Change Order Amount: $305,718 Percentage of work completed by PNCI: 20% Original contract completion date: 09/2005 Completion date: 09/2005 Chatfield Elementary School Type of Contract: CM/GC Negotiated Owner: Mesa Valley School District Contact: Cal Clark (970) 254-5100 Location: Clifton, CO Architect: Vanderwood & Associates Engineer: N/A Project Supervisor: Gary Hutto Original Budget: $1,100,000 Change Order Amount: $82,60(1 Percentage of work completed by PNCI: 45% Original contract completion date: 08/2005 Completion date: 08/2005 Mesa View Elementary School Type of Contract CM/GC Negotiated Owner: Mesa Valley School District ContaM: Cal Clark (970) 254-5100 Location: Grand Junction, CO Architect: Vanderwood & Associates Engineer: N/A Project Supervisor: Dave Pixler Original Budget: $195,000 Change Order Amount: $13,380 Percentage of work completed by PNCI: 45% Page 4 Ganstructian Inc. PROJECT EXAMPLES Original contract completion date: 02/20(14 Original contract completion date: 03/2005 Completion date: 02/2004 Completion date: 03/2005 St Mary's Information Services Remodel City Market No. 418 Type of Contract: CM/GC Negotiated Type of Contract: General Contractor Bid Owner: St. Mary's Hospital Owner: Dillon Companies Contact: Keith Estridge (970) 2442445 Contact: Eric Evans (303) 778-3058 Location: Grand Junction, CO Location: Aspen, CO Architect: Robert D. Jenkins/AIA Architect: High Country Engineering Engineer: N/A Engineer: N/A Project Supervisor: Tim Stern Project Supervisor: Frank P. DeSantis Original Budget: $689,355 Original Budget: $75,000 Change Order Amount: $0 Change Order Amount: $0 Percentage of work completed by PNCI: 40% Percentage of work completed by PNCI: 80% Original contract completion date: Ol/2005 Completion date: 01/2005 Plateau Valley Medical Clinic Type of Contract: General Contractor Bid Owner: Plateau Valley Hospital District Contact: Jessie Clark Location: Colbran, CO Architect: Frank A. Wagner Architect, LLC. Engineer: N/A Project Supervisor: Greg Hughes Original Budget: $140,000 Change Order Amount: $0 Percentage of work completed by PNCI: 65% Original contract completion date: 08/2004 Completion date: 08/2004 Delta Middle School Type of Contract: CM/GC Negotiated Owner: Delta County School Dist., #50 Contact: Location: Delta, CO Architect: Pat Davis Associates Engineer: N/A Project Supervisor: Michael Downing Original Budget: $4,200,000 Change Order Amount: $0 Percentage of work completed by PNCI: 40% Page 5 TWO RIVERS CONVENTION CENTER Frank DeSantis PNCI Construction, Inc Grand Junction, CO 61505 Dear Frank: The City of Grand Junction replaced one operable wall and added a second operable wall in the large meeting room at Two Rivers Conference Center during the summer of 2008. The construction project that resulted from this upgrade was won by PNCI Construction, Inc. through a public bid process. The project was unique for two reasons: 1.) Large structural members were required to support the new operable wall and had to be installed inside the existing building without damage to the original building; 2.) The window of time allowed for construction was very short because of the demand from clients for the conference space. The scope of work for the project changed after the contract was awarded and prior to construction start. A large portion of the work was eliminated from this contract to allow for redesign of the ceilings and lighting system for the room. Budget constraints did not allow the work to be redesigned within the scope of this contract. PNCI cooperated with the city by providing fair pricing for the reduction to the contract. The funds will allow for redesign to occur and a new project in the future that will result in the improvements actually needed. Other items of work were added to the project during the construction process. The additional work was completed within the time frame of the original project and enhanced the end results of the project paving the way for future work that will be completed under other contracts. PNCI Construction met all of the cities needs for the project. The conference room was ready for use when scheduled. PNCI's Project Superintendent Miguel Lopez cooperated with Two Rivers staff to allow partial use of the space for a wedding one week prior to the scheduled completion. Portions of the building outside of the area of the work remained in operation during the construction process. Miguel responded to the cities needs by coordinating noisy construction operations with building use until the work could progress while minimizing stress to the Two Rivers staff and clients. A major remodel of this size and scope posed much potential for hardship to the Two Rivers staff, clients and even the potential for disaster. Careful planning by the PNCI staff resulted in a successful project for the City of Grand Junction. The cooperation offered by PNCI staff during construction and the efforts of their personnel on the job site provided a positive experience for the staff of Two Rivers Convention Center. Discomforts to staff and clients alike were minimized throughout the process. PNCI has successfully completed two major projects with Two Rivers Convention Center over the last two years. It appears that creativity, planning, execution, and cooperation is the norm for PNCI Construction. I welcome working with their staff on future projects. Regar s, Tim erg Manager, Two Rivers Convention Center & Avalon Theatre 159 Main Street • Grand Junction, CO 61501 • 970-263-5700 • Fax 970-263-5720 • www.tworiversconvention.com F1yin' Miata 1Ne make Mietss 499 35 Road, Palisade CO 81526 800-FLY-MXSS (800-359-6957-Orders onl» 970-464-5600 (tech 6 product inqulrias) 970-464-4887 (facsimile) www.flyinmiata.com February 26, 2009 Mr. Tim Sanno Town Adminstrator Palisade Town Hall Palisade, CO 81526 Dear Tim, I volunteered to write this testimonial for Frank DeSantis of PNCI because of the outstanding service they gave Flyin' Miata on our major remodel of a 25,000 of building. Everyone 1 spoke wdh about our project who had been through similar efforts told me I would be in tears long before the end because their contractors screwed things up, held things up, didn't deliver, over-charged, etc. My experience with PNCI has been the opposite. Frank and his crew did a superb job on our building remodel, got it done when they said it would be done and for the amount they said it would cost We never had to deal with any individual sub-contractors and any small issues we raised were immediately addressed by PNCI. It is almost a year since our project was completed, PNCI has long since been paid and I am confident if I called today and said 'one of the outlets is dead" or "there is a leak in one of the bathrooms", Frank would have somebody here within a day to fix it To prove this point, we held off wiring our un-interruptible power supplies because we didn't have all the equipment at the time the wiring was being done. We finally got our act together last month,! called Frank and stated we were ready and he had an electrician out at no charge within a day to do the work. That's service above and beyond! To close, I am absolutely confident Palisade would be making an excellent choice in hiring PNCI for the Palisade Civic Center project. I stake my reputation on it If you would like a demonstration of PNCI's work, please visit us and I will proudly take you for a tour of our building. Sincerely, Bill Cardell President Copy to: Frank DeSantis February 26, 2009 Integrated Construction Solutions Attn: Mr. David Detwiler Subject: Palisade Civic Center Project Mr. Detwiler: .,.. . .,_ stn * , .~,~. . . O 81641 White River Electric Assn. Inc. (WREA) has undergone a major remodel to our 1960 vintage commercial building in Meeker, Colorado. PNCI Construction got our award after a thorough competitive bid process. PNCI under the direction of Project Manager Hal Wheatley and Supt. Billy Wolf have accomplished many changes and challenges in our project scope including the difficulty of scheduling materials and labor into Meeker, Co. They have continually provided professional advice and guidance through a ddficult remodel process. We are nearing completion of our project and after 23 change orders the project is emerging into a finished project well beyond our expectations. WREA would highly recommend PNCI and will rnnsider them in any future projects at WREA. Please feel free to contact me if you have any questions or need further information. Sincerely: W River EI r c chard R. le ~ General Manager Phone: 970-878-5041 A Touchstone Energy' Cooperative j~( Fax: 97Q-8785766 n~~,we.gm~n~ email: `"Wr~vyrea.org February 26, 2009 :- , Integrated Construction Solutions Attn: Mr. David Detwiler Subject: Palisade Civic Center Project Mr. Detwiler: 0 81sa1 White River Electric Assn. Inc. (WREA) has undergone a major remodel to our 1460 vintage commercial building in Meeker, Colorado. PNCI Construction got our award after a thorough competitive bid process. PNCI under the direction of Project Manager Hal Wheatley and Supt. Billy Wolf have accomplished many changes and challenges in our project scope including the difficulty of scheduling materials and labor into Meeker, Co. They have continually provided professional advice and guidance through a difficult remodel process. We are nearing wmpletion of our project and after 23 change orders the project is emerging into a finished project well beyond our expectations. W REA would highly recommend PNCI and will consider them in any future projects at W REA. Please feel free to contact me ff you have any questions or need further information. Sincerely: River EI ric / tiE~:GC-/ d R. le General Manager Phone: 970-878-5041 A Touchstone Energy" Cooperative ~ Fax: 970-878-5766 •-- rne~,~,gnu,~,~o~,~n~ email:wrea~wrea.org G`r'and function C O L O R A D O PURCHASING August 21, 2007 Ta Whom It May Concern: Please accept this letter as a Letter of Recommendation for PNCI Construction, Inc. The City of Grand Junction has had the opportunity to work with PNCI Conshvction on rather complex construction projects. From the very onset, the City was impressed with the professionalism and attention to detail given throughout the projects. Scheduling, accurate cost estimation, customer service and timely completion are strong points for PNCI. Having had an opportunity to work with Andy Bosch, Frank DeSantis and Billy Wolf the expectations of the City of Grand Junction were exceeded based on the outcome of high quality work within exceedingly tight budgets. Their crews were polite, respectful, and accommodating to the unique needs of the public job site. It is with a great deal of confidence that I would recommend PNCI Construction, Inc. to an organization in need of construction services. The City of Grand Junction would not hesitate to employ their services in the future. If I can be of any assistance in answering any questions you may have regazding this recommendation, please do not hesitate to contact me. Respectfully, _ ~~ ~~ Scott Hockins Senior Buyer St. Mary's Hospital Neurological Surgery August 17, 2007 Frank DeSantis, President PNCI Construction, Inc. 553 25 % Road Grand Junction, CO 81505 Deaz Frank, U AUG 2 4 2007 Ci6~°Z~-UD-- Iarry D.Tice,IND,FRCS Robert H. Fox, MD Susan R. Hemley, IKD, PhD Brian P. Witwer, IKD We aze extremely pleased with our new office. I want to thank you and all your employees for the quality, patience, and professionalism shown every step of the way. A job being completed on schedule without sacrificing quality is certainly raze. Your attendance at our weekly meetings made me awaze of your dedication to our project, even though you must have been handling many other projects at the same time. It was obvious that your attention was focused on our needs. I was told that PNCI had a great reputation, and that we would be happy with your company. Indeed, you far exceeded our expectations in every way. The physicians and I would be pleased to give a reference for PNCI at any time. Thank you for a job well done. I hope you will attend our Open House in October. Sincerely, Sue Gulley, Office Manager Cc: Bob Ladenburger, CEO, St. Mary's Hospital "We're here for life." 750 Wellington Avenue, Suite 3A • Grand Junction, CO 81501 (970) 2483188 • fax (970) 2483190 • toll free (800) 4583888 est. 3188 M Affiliate of the Sisters of Charity of Leavenworth Health System ENSTROM CANDIES INC. TELEPHONE 970.242.16$$ 800-ENSTROM FACSIMILE 970.245.7727 WWW,ENSTHOM COM L~firams ALYONO roevee 21111 SOUTH SEVENTH ST0.EET POST.~FFICE BOX 1D88 ZIP CODE 81$02 GRAND JUNCTION COLORADO NNIiEO SfAifS Of AMERICA December 7, 2004 Re: Letter of Recommendation -PNCI To Whom It May Concern: I am extremely pleased with the work PNCI has done in the construction of Enstrom Candies' new facility as well as the prompt and thorough handling of all follow-up issues. I would definitely use PNCI again for any future remodeling or new construction plans and would be most confident in recommending them to anyone looking for a competent construction contractor. Sincere Douglas S. Simons President DSS/nb Y::., ~. J M'~ ~_EC ELECTRIC ElecUicalTechnologyforthe Future December 23, 2004 RE: Frank DeSantis, PNCI Construction, Inc. To Whom It May Concern As General Manager and co-owner of EC Electric, Inc., I have worked as a subcontractor for Frank DeSantis since 1998. First while he was with City Market, then as he moved to Phipps Newell Construction and currently with PNCI. During this time, I have found Frank to be very professional: As a subcontractor, it is a pleasure dealing with Frank because he is fair, courteous and knowledgeable in the construction industry. He has demonstrated the ability to bring us in as a team player to get the project done instead of demanding unrealistic terms and goals without regard to our input and needs. All of our projects have been successful with Frank at the helm. I highly recommend Frank and PNCI Construction. He is one of our best customers and I look forwazd to continuing our working relationship. Sincerely, ~"^" ~.~ry'Go4-may Dustin S. Riddle Vice President /General Manager 747 WEST WHITE AVENUE • GRAND JUNCTION, CO 61501 • (970) 241-3302 • FAX:(970)241-2992 0080 METCALF ROAD, UNIT C-3 • AVON, CO 81620 • (970)748-0934 BID PROPOSAL FORM Project No. 2009-015 BID DATE: April 1, 2009 PROJECT: Wheeler Pit Floor Removal and Replacement PROPOSAL SUBMITTED BY: PNCI Construction, Inc. 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 days 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 hall 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 famishing all materials, equipment and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction. 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. BPt-971.doc 'BP1 Page 1 Contractors IniOals WHEELER OPERA HOUSE PIT FLOOR REPLACEMENT ASPEN, COLORADO BID SCHEDULE ITEM EST. DESCRIPTION AND UNIT UNIT TOTAL NO QTY UNIT PRICES IN WORDS PRICE PRICE 1. Job L.S. Demolition of existing floor system, including removal of floor coverings, plywood sheathing, existing open web wood joists and all associated material required to allow installation of new floor system and disposal of said material, per lump sum. Three thousand six hundred nine dollars $ 3,609.00 (Lump Sum Price -Words) 2. Job L.S. Fabrication and Delivery of Steel Materials, including preparation of shop drawings, per lump sum. Six thousand three hundred forty two dollars 6,342.00 (Lump Sum Price -Words) 3. Job L.S. Installation, of new floor joists, floor sheathing, floor coverings, furring required for installation of new ceiling and relocation of existing plumbing and conduit, place. Include Mobilization 8 Demobilization in this item. Per lump sum. Twen~ five thnncand Yhree hnnAreA f;fr~ nin~6- $25,359.00 (Lump Sum Price -Words) TOTAL BID: Thirty five thousand three hundred ten dollars (written) Submitted by Title of Autf TOTAL BID: $ 35 , 310.00 President Personnel (numeric) Date of bid: April 1, 2009 PNCI Construction, Inc. Bid Number: P-2T/ Project: Wheeler Pit Floor Address: 320 Easl Hymen Avenue Aspen, CO 81611 3/31/2009 Date: 30.Mar-O9 Project MenaBer: Todd Schmid Base Bid CODE DESCRIPTION DIVISION 1 GENERAL REQUIREMENTS 01-311 Project Manager Ot-313 Project Superintendent Working Supennfendent Deduction 01-315 General Labor Ot-317 Vehide E><pensa 01-528 Safety Equipment-FloorProtection Oi-529 Sanitary FatlliGes Ot-583 Temporary Fences Ot-744 Final Clean 07-755 Trash Dumpslers and Fees 01=711 Consumables Division v rk 02-220 Site Demoli4on Division 6 ~ 05-100 SWClurel Metal 05-400 Metal Framing H n Thermal ar7d MolsW re Protection 08-100 Rough Caryentry 08-110 Wood framing ivision 8 Doom and Windows Division 9 Finishga 09-650 VCT Division 12 Fumishinas Dlvision 15 Mechanical 75-400 Plumbing Division 18 ELECTRICAL 16010 Eledricel Work Division 77 Misc. 77-900 Contingencies 17-999 Uncoiled Invoices TOTAL Building Permtt Umbrella Liability Insurence 17-800 Corrtrectore Fee Sub Total BorM Total u n. jL Labor Maredal Su ordr Other Tohi Ch ca k 672 672 8048 6048 -3738 -3738 672 872 525 525 325 325 480 480 75 75 200 25 225 500 500 150.00 150.00 56,200.00 5260.00 5480.00 50.00 56,934A0 55,934.00 12t8 898 2112 57,276.00 50.00 50.00 5896.00 52,172.00 52,it2.00 9817 9817 304 150 224 678 5304.00 5760.00 50.00 570,041.00 570,496.00 $10,485.00 304 448 752 1382 7382 5304.00 51,382.00 50.00 5448.00 52,734.00 52,734.00 50.00 50.00 50.00 50.00 SO.OD 50.00 2652 2652 50.00 50.00 50.00 52.652.00 52,662.00 52,852.00 so.o9 fo.o9 so.oo f9.ao So.oo lo.oo 7200 575 1775 50.00 50.00 57,200.00 5676.00 51,776.00 51,775.00 3850 3850 50.00 50.00 50.00 53,850.00 53,860.00 53,850.00 50.00 0.00 50.00 50.00 50.00 50.00 50.00 50.00 57,026.00 57,782.00 51,880.00 518,462.00 528,962.00 28952 7.Iwx s z9o.oo 71.00% 53,277.00 532,459.00 52,851.00 535,310.00 10:39 AM 9 ~_d5 5 ga W~ T - 3 Irr,, NIA w, p W W Q Q v Q~~. I,, S ~ m ' ~ ~ P w. '.. o ~ ~ G A $ ~ u a.. ~ Q r m v m RR z o-~ p, y 4 ~. ~? ti s 3 s n m b" m '., '. O q u ~ m ti'S ll. < 'S 5 'S 3 6 A ,. s a° i_~ ~' ,~,'g T\ J p (~ a N I `V I IV ID ~ 3';n T T I ~ Z T ` , wl O I Nb ^ 9 0 L,., ~;?~ 11 a ~ ~i~ v ~ / y ~ /~ / ~ 3 y. r , ~- V ~ ~ m ~ Y/ 41b ;gy / ~ ` F m y' ~ ~ , y ~ 1 u ~ b ~;4~ // ~/~ m ~ '. Y VI _ ~ m ~.~, IF~~~ //~~ l ~ y ' ~ '. r ,,. iN / I"~ ^ ~~~ ~ I$ I I L i ~F' 8 w' ~N iS ~o 4~ p ~® Y ~'.N.~. /J Ni0 ~ J II, 3~ I' L I LJI ~~O n ~,~ L i ', '.. ' 411 . z ii. i._N6 ;N yO ~.~ BID 80ND IWOWALLPERSONSBYTHESEPRESENTS,Thatwe,theundersigned, PNCI Construction, Inc. _ ~ 553 25 1/2 Road, Grand Junction, CO 81505 as Pdnclpal, herelrraRer refertedtoas•Pdndpal",and Washington International Insurance Company , a corporation organized under the laws of tl~e State of New Hampshire ,and qualified to transact business in the SfaEe of Colorado, as °Surety" ero held and finny bound urrto the City of Aspen, Colorado, as obligee, herelneftcx reterted toes "City," in the penal sum of: Five Percent (5%) of Amount Bid ~~ ~5% of Amount Bid t I~kA mm~ay of the UnRed SteOes of Amerlea, for the Payment of which sum, weft and truly to be made tc the City, we bind ourselves, and our hairs, exaartors, administrators, successors, and assignees, jorrtly and severely, by these presents: vuHEREAS, said Pdncipal has submltbd a bid forconstrucdon of Wheeler Pit Floor Removal * . NOW THEREFORE, If the Cily shall accept Cte bid of the Principal and th Pdndpal shall enter Inbo a Contract for Construdion with the City m accordance with the temp; of such Bid, and gMen such bond or bonds as may be spedfisd fn the BW Padrage or Contrail Documents vdth good and suffldent surely for the faithTul performance of such mntrail and for the prompt payment of labor and matedal famished In the prosecufion thereof, or in the event of the Failure of the Prindpal id enter such Contract for Construdbn and glue sufi bond or bonds, if the Princpal shall pay to the Cdy the diflerenca not to eocceed the penalty hereof between the amount specified in said bid and such larger amount for which the Princpal may in good feffh wntrad with another party to perform the work covered try said Bid, then this shall be null and void, othemMse to remain In NII force and efteil m law, SIGNED AND SEALED this 1st PNCI Construction, Inc. dayoT April ,2009. By: _ t~,.n.. ~ r. lea pit a,..L Attest: rma: SURETY: Washington International Insurance Company Tdfe: Attorney-in-Fact (Accompany this bond with cedfied ropy of General Power of Attamey from the Surety Company to include the date of the bond.) *and Replacement aat•grt,doo "pet NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the Ciry of Itasca, Illinois, each does hereby make, constitute and appoint EILEEN A. BLANCHARD, TIMOTHY J. BLANCHARD, ANITA C. KELLER and VIRGINE KORNBLUTH IOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal arrd deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boazds of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'" of March, 2000: "RESOLVED, that any nvo of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Yower of Attomey to execute on behalf of [he Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach [herein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shat I be binding upon the Company when so afflxod and in the furore with regard to any bond, undertaking or contract of surety to which i[ is attached." `\\\\IIp181illllp \pQ~~Nl1rY HS ~i~ y~ / /) v,~pSICN ~n~6.vr T 2+ PO S r: fPPrdgi~4Q ; By G Ste!---_.._. a"~¢e~Da r G $ -~? SEAL `m' Slo~en P.Andersan,Presitlem&CM1ier Executive Offerer at WvaAingmn lnmrnvtianvllmurvna Campvny fir: SEAL ~~ ~W~,'ri 18]3 0.~~°c &Senior\'ia President of NOrlh American Spxially lnsnrance Company °~ ; ~~ yidnNwt'P aa\\D~$ 6 s~~s C'-,w/h?a<.z..,~~ ~4 SS~k~ ~ ~'. y>°~~ nrviJ M.Layman, senior Vitt P,esiJenlof Washington lnlematimul lreumnre Company v'~'niBVN & Via PresiJem of Na,Th.4medrvt sPeriallY Imnrana CVmPVty IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30~ day nl' September , 20 ~$ . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Pagc ss: On this 30th day of September 20 08 , before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington Inmrnational lnsnrance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged Said instnlment m be the voluntary act and deed of their resnective comoanies. .oP~tGU seAC' NNA D. SRLENS Notary Publiq Stare of IDimh My C;ammission F~ircs 10/068011 ~I ., , u ~Lg~na:~ ] ~S~,e`,v0 Donna D. Sklens, Notary Public 1, James A. Camemer ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a tme and correct copy of a Power of Attomey given by said Nonh American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. 1N W 1TNESS WIIEREOF, I have set my hand and affixed the seals of the Companies this 1st day of April , 20 09 lamer A. Cvpenter. Vica Prasiden[ b AssisNnt Searemn or W nshmg[on Imemeiionel Inunwce Company C Nonh American specialty Imurance Compmry AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2009-015 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest: ~ ~M~-Qt^ Corporate Seal STATE OF COLORADO SS. COUNTY PNCI Construction, Inc. ~pContr1cror By: 1, 1~ Before me xristie L. Summers , a notary public and for Mesa County, Colorado personally appeared ran P. Desantis known to me personally to be the person(s) whose signature(s) in my presence this 31st day of March . p,,D, X2009 My commission expires: January 11, (Seal) KRISTIE L SUMMERS NOTARY PUBLIC STATE OF COLORADO My ~,,,miasion E~fras January 11,2012 20~ Notary Public B81-971.doc 'BB1 LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and terms of this contract a affirms that the contractual time is the period mentioned in the contract Specifications plus the tit extension(s), if any, granted by the City of Aspen for successful completion of project. The undersign contractor further acknowledges he/she understands and agrees to liquidated damages to be deduct from moneys due to him/her for any delayed calendar day beyond the total time at the rate of $1,000. per day . This amount and the total allowed time by the City shall not be negotiable under any conditio Attest: ~~ Yom. 1~4'~1,1/~,Q.Q.V~ Corporate $eal STATE OF COLORADO SS. COUNTY Before me Kristie L. Summers County, Colorado personally appeared PNCI Construction, Inc. Contractor `~ By: t• a notary public and for Mesa Frank P. DeSant me personally to be the person(s) whose signature(s) in my presence this March A.D. 2009. My commission expires: January 11, KRISTII= L SUMMERS NOTARY PUBLIC STATE OF COLORADO IIIA"Il.doc. 31st known to day of 20 2 Notary Public B81-971.doc 'BB1 '~J~iE11t-1000 02:02PU FROIFBIanchard IniurancB/Hl~ IntBrnitionalSN 0702458018 T-277 P.001/002 F-224 ' AGURD„ CERTIFICATE OF LIABI LITY INSURANCE "As "TT) PROOUCeR THIB CERTIFiCATS IS I89UED A9 A NAYfER OF INPOR WTXlN HUB SW Gnmd Junction CL aNLYAND CONPRRe NO RIGHTB UPON TH6 CGR71F7C /-TE . 2742 Crossro~a Blvd HOLppL THIB f~CTIPICATB 0088 NOT AMEND, DCIB ND OR ALTER THE COVERAGE: AFFORDED BY THE POLN%IAS EaAW. P.O. Box 80130 Grand Junctlon, CO 81808 BiSUR6RS AFFORDNO COVERAGE MAR; i jN31R°O xSURERA: United Flro 8 Camu Grou 888888 PNCI Construction Inc PaaR~m plnnmeol Amsunnnce Co an 553 28112 Rd G dJ U CO S SOS NeuReic: ran uno on, i iisnlR~u M~1RER & THE POLN~ES OF INSURANCE LISTED BELOW HAV9 8~1188Utm TO TH9INSURBD NAMiO ABOVB POR THQ POIJCY PERIOD INDICATED. NOTWIT}iSTANDMO ANY REgIRREMENi, TERM OR CONpIT10N OF ANY CON7RACf OR OTHER DOCUMENT WIT}{ RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE APFORDEp SY THE POLIgE3 DESCPoBED HEREIN IS sLIBJEC7 TO ALL THE TERMS. EXCLUSIONS AND CONDITONS OF SUCH POLICIES, AGGREGATE LIMfTB SHOWN MAY HAVE 080N IKDUCCD mY PND CW MS. TrPeaPINSInAxce POLICYNUMPSR LMIn S A OEN ERALLIAaILJTY 80340797 11/01108 11/01/08 EACIIOCWRRPNC@ s1 0 X COMMlRCNL OENeRAL LUIPN.IIY GP R OD i 000 O CLAIMS MAD6 nX OCCUR M6p 6XP A ens nen> i5 _ _ PERSONAL i ADV IN,IURr i1 000 000 GENERAL AGGREGATE i O GF- ML AGGREGATE LIMIT APPLIES pEP: PROOUCT6•COMPIOP AGG 12000000 POLICY X ~' LOC A Au X roMODlLe L1A9RlfY ANY AUTO $0340787 11/01/0$ 11101/09 COMBINED SINGLE LIMB (FaaxlCenU s1,000,000 ALL OWNW AUTOS 9CNEOULEO AUTOS EOPILY MJURY (Per P°ron) i X X HIRED AUTOS NON-OVMEO AUT09 BODILY INJURY (Petem4enq i PROPERTY DAMAGE (POraWdenD i GARAGE UAeILffY AUTO ONLY•EA ACCIDENT i ANY AUTO OTNER 1}iAN EA ACC i AUTO ONLY: AGG f A ExcES91UMSRELLA LIABILITY $0340797 11101)08 11101!08 EACH OCCURRENCE i 00 X OCCUR ~ CLAIMS MADE AGGpEGATB s1 000 000 S DEDUCIBLE i X RETENTION f 10000 i B wORNERBCOMpiNBAIONAND 4088923 11101/08 11101109 pTp" o - X ~j EMPLOYER9'LIA&LTry CU~ , E.L. EACHACCIPENf s500000 ~ICGR/M6M8 DICLUpP~ E1.O19EA9E-EA EMPLOYEE s50000D II eepMpe uAeef OI/ S S h ew 6.L. DISEASE • POLICY LIMB 1500 000 DTNEa DESCRIPTION OF OPEMIONS / LOCAIONS I V6)iCL66 / 6XCLUSION6 ADDED PY PNPORSEMENT 1 SpECULL PROrIS10N5 ~T1Di AaOVa WBCRIPRG DUTION ,T~mBUINOmauRERwuLSNDEAVOaroAwL ~.- wrawRmEN CmRTIROAT! HOLP6R NARED70 TMP L6Ff, elrr FAILLMa TO DO i0 SHALL 10AT1W1 OR LIABNJTY OPANY NMID UPON TN6 DRUPEIR If9 AOEIR9OP 1 of 2 i0.411180i(1~93 • COS m ACORD CORPORATION 1 THE CITY OF ASPEN NOTICE OF AWARD April 2, 2009 RE: 2009-015 Wheeler Pit Floor Removal and Replacement This notice of awazd has been issued to inform you that following a competitive Invitation to Bid, a determination was made that your bid was the lowest responsible and responsive bid. Accordingly, the City of Aspen hereby accepts your bid to perform the work outlined in the bid documents for an amount not to exceed Thirty Five Thousand Three Hundred Ten Dollars ($35,310.00), subject to approval by the City Council of the City of Aspen. This contract will be presented to the City Council for approval at their next regular meeting. Your attendance is not necessary although you aze most welcome to attend. In accordance with the provisions set forth in the Contract Documents, you must comply with the following conditions precedent within seven (7) consecutive calendaz days of the hand delivery or fax transmission of this notice: 1. You must deliver three copies of the executed Contract Documents. 2. You must deliver one copy Performance, Payment, and Maintenance bonds on the City forms. 3. You must deliver proof of insurance coverage, with the City of Aspen named as co-insured, as specified in Contract Documents and proof of Workman's Compensation coverage. 4. You must deliver a copy of your Contractor's License. 5. You must obtain a license to do business within the City of Aspen if you do not already have one. Contact the Finance department. Failure to comply with these conditions within the specified time will entitle the City of Aspen to consider your bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within seven (7) days after you comply with these conditions or following the City Council approval, whichever occurs last, the City of Aspen will return to you one fully signed counterpart of the contract, together with a "Notice to Proceed". Thank you for your bid and congratulations on being the successful bidder for this project. Sincerely, ~~~~- 4~~ Rebecca Hodgson Purchasing NAt-971.doc NA1 Bond No. S9056619 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the urdersigrred, as, PNCI Construction Inc. having a legal business address ~ 553 25 1/2 Road, Grand Junction, CO 81505 , a Corporation as Prindpal, hereihafter called "Principal", and Washington International Insurance Company 1200 Arlington Heights Road, Suite 400, Itasca, IL 60143 New Hampshire a corporetlon organized under the laws of the Sthte of ,and qualilted m transact buslrrrss In the StaEe of Colorado, hereinalthr called "Surety', are held and firmly bound unto the Cky of Aspen, a Cdoredo home rule munidpality, as Obtlgea, herelnaRer called "City', In the amount of: Thirty-five Thousand Three Hundred Ten Dollars And Zero Cents ($ 35,310.00 ~ in IewNl money of the United States for payment whereof Principal and Surety bind themselves, thek heirs, executors. administrators, successors and assigns, jointly and severally, frmy uttm these present WHEREAS, Prtndpal has bywriCen agreement dated April 13 2009, err0ered kr0o a contract vdlh Cky for YVheBler Pit Floor Removal antl Replacement In accordance wkh the Centred Documents which Conbad Documenb Is by reference made a pert hereof, end is herelnatter referred to as the Contrail. NOW, THEREFORE, if Prtrtdpal shall well, Wly and fatltifldly perform ks dutres, all the undertakings, mverrenes, terms, conditions and agreements of Bald Contract druing the or~inel Tenn thereof, and any wtterrslons thereof vfilch may be granted by the Cllr, vatlh a vJ,ttrout notice th the Surety and during the guaranty pericd, end Ii Principal shall satisfy all derma and demands Incurred under such Contract, and shell hrlly indemhiry end save hamlless Gly from all ousts and dert>eges whklt k may sutler by mason of failure m do so, and shall mlmburee and repay the Clty all outlay and eu~ense which the CNy may Incur in maMng good any defauk, then this obUgatlon shall be vdd; othenvlse k shall mmaln In Nil force end efled. Ttw Surety hereby vralves notice of arty alteratlon or extension of tlrrte made by the Gty. Whenever Pdndpel shall ba, end declared try City m be in defauk undx the Contred, the Clly having peNonned Citys oWlgatlon hereunder, the Surety may pmmptly remedy the dafauk a shall promptly: (1) Complete the Ccn~ad fn accordance vAth I~ terms acct mnditlons, or (2) Obtain a bid err bids for completing the Cordrect In awordance wMlt its terms and condtions, and upon deberminatlon by Surety of the lowest responsible tddder, or, k the Cdy sleds, upon deterrninetlon by the Cky and Surety jdntly oT the Irnvevt rapons6le bidder, arrange for a cartrad beMreen such bidder and City, and n~ka available as vrorft progresses (even though them should bs a deteuk a succession of defaults under the Contract or Contracts of completion arranged under thle paragreph) sutlident funds m pay the cast of oompletlon lass the balance of the contract prta, indtding other ~ end damages for which the Surety may be Oable hereunder, the amount set iotth in the itrat paregraph hereof. The terra "balance of the Contract price' as used In this paragraph, shall mean the total amount payable by City to Prindpal under tl18 Contract and any amendmerrb thereto, less the emouM propedy paid by City m Prtrrdpal. (3) Any mnthad or sucrssslon of corttraots ordered inm hereunder for the oompletlon of the Contract, shall also be subJed to ills Nord as part ofthe odglnal Cotdred obligatlons, This bond is Intended th be In satlsfactlon d, and in addkbn m, the bond required pursuant m Section 38-26-10t3, C.RS., as amended. BB7.877.doc •BB7 This bond, as a penalty and indemniflcatlon bond, shall also entitle CKy m recover as part aF fhe completion of the Contract or the payment of any labor w rrtaterlal ousts hereunder, acWal and consequentlal damages, liquidated end unliquldated damages, ousts, reasonable atmmeys tees artd expert wltrress fees, Inducting, without Ilmltatiohs, the fees of em9~ering w erchlteob+ral eonsulhnts. Surety, for value received, hereby atlpulates and agrees tl>ed to Indartmly end save harmless the Clty m the extent of any and alt payments N connection w~h the carrying out of the contract which the City may be required 6o make under the law by arty reason of such faMtue w default o4 the Prtndpal. Further, Surely and Pdncipal shall protect, defend, indemnify and save harmless the City's oficere, agents, servants, and employees from end against all dolma and actions and all expenses Inddentel m the defense of such dolma w ectlore, hued upon or arising out of InJudea or death of persons w damage m propeAy caused by, ar sustained in oonnectlon wHh, this Corrtrad by oonditlons aea~d tltereby, ahd on request of the City will assume the defense of any Balm w actlon brought agalnstthe Ctly. No dght of actlon shall acuue on this Bond m or for the use of erry person w mryoratmn ofher than the Clly named herein w the employees, spoofs, adminlatratae or successors of Clly. SIGNED AND SEALED this 13th ~~ April 2009: PRIM .PNCI Construction, Inc. ~ I) p,r ~ lar~ ~ i title: J SURETY:Washington International Insurance Company ~~ Title: (sea!) NOTE: Accompany 1hLs bond wlbr ceAtAed copy of General Power of Atlomey from the Surety m indude the date of Iha bond. (Date of f3ontl must not be prbr m date of Contract) It Prindpal Is Partrrerahlp, atl paMers should exegJle Bond. 681.971 AOC 'BBt Bond No. 59056619 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS; That we, the undersigned, as, PNCI Construction, Inc. having a legal bwiness address at 553 25 1/2 Road, Grand Junction, CO 81505 , a Corporation as Prindpal, herelnatter Dolled Yrinripal", end Washington International Insurance Company , 1200 Arlington Heights Road, Suite 400, Itasca, IL 60143 , a corporation organized undertha laws of the State of New Hampshire ,and qualfied to transact business In the State of Colorado, herelnaPoer called "Suret>r', are held end firmly bound unto the CMy of Aspen, a Cdoratlo home rule munidpallty, es Obligee, heretr[after ce0ed "CIty", ih the amount of Thirty-five Thousand Three Hundred Teri Dollars And Zero Cents ($ 35,310.00 ), In IawfUl money of the United Stories for paymem whereof Prindpal and Surety bind themselves, their heirs, executors, adminlstratore, suaxtssors and assigns, Jdntiy and severally, fimtN undo these present WHEREAS, P;lndpal has by written agraemmd dated April 13 , pOpg entered Ir[b a t9ntrad with the City for e proJeel er[tltied: Wheeler PR Floor Removal end Replacement (protect no. 2009-016) in 6000rdahce vdth the Cahtrad Documents wNch Contract Doeumerrre is by reference made a part hereof, end is hereinafter refened to es the Cordtact NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is ouch that, i<Prlndpal shall promptly melee paymen[ !ball daimarrb hercirtafter defined, for all labor and material used or reasonably required for the use in the performanx of the Contract, then this obligation shall be void; otherwise K shall remain in full force and effect subted, however, trr the folowing mndttlons: i. A Claimant b defined as having a direct contrast wNh the Prir[dpal or with suboorttrecmr of the PrlndDal for lobar, material, of troth, used ar esasonabry rcqulrad for the performance of the Contract, labor and material being construed to Indude that part of water, gas, power, light, heat, oil, gasdine, telephone service ar rental equipment directly apptlcable to the Contract. 2, The above-name Prindpal end Surety hereby jdntry and severally agtee WM iha City that every dalmant aw harem deflrred who has not been paid In full before the expraticn of ninety (90) days aRer the date on which the last of such dalmanYs work or labor was done or performed ar materials were famished by sad[ dalmant, may sue on this bond for use of such sums as may be Juatiy duo daimon; and have exeartlon thereon. The City shall not be liable for the payment at any ousts or expenses of shy such suit 3. No soft or adbn stroll commence hereunder by any delmant: (a- Unless claimant, other than one having a direct oontrad with the Pdr[dpal shall have given written notice to any oT the following: The Prindpal, the qry, or the Surely above named, within ninety (90) days after such dalmar[t did or perforrrred the last of the work or labor, or famished the last of the rrraterial for which said claim Is made, stating wNh sul~r[tial ecLUra[.y the amount dalmed and the nerre of the party to whom the materials were famished, or for whom the work of labor was done or parfonned. Such notice shall be served py mailing the same registered mall or oertlfied mall, postage prepaid, in an ernebpe addressed to the Prindpal, City or Surety, at any place where en office Is regularly maintained for the aansaction of business, or served In erry manner in whleh legal process may ba served in the State of Colorado. (b) After the expiration of one (1) Year idlowing the date on whldt Prindpal ceased work on said Contract, ti being understood, hoVVever, that if any limitation embodied In this Bond Is prohlbked by any law wr[bolling BBt-971.doc 'BB1 the consbtrctlon hereof, sucfi Ilmi~tlon shell be daem~ to be amended so as to be equal to the minimum period of Bm'rtetlon pennBted by such law. (c) Other than in a able of competent judsdictlon in and for the County of Pitldn, State of Colorado. 4. The amount of ibis Bond shaA be reduced to the exoent of arty Payment or payments made hereunder, induslve of the payment by alrety of Bens or dalms which may be ®ed of record against the Improvement(s), whether or not daim for the amount of sudr Iles be preserr6ed under and agalrist This Bond. 5. This Bond Is bttended to be in satisfadfon of, and In additlon fo, the bond required pursuant fo Sectlon 36- 26-105, C,R.S., as amended. 6. No final settlement between the CBy and Prlndpel shell abridge the right of any benefidary hereunder, whose palm may ba unsetlsBed. A ril SIGNED AND SEALED this 13th ~Y of _ P , 2(1(79. PRINCIP NCI Construction, Inc. /~ i 1C =, ~ (asap 11 a~ ~ ~ 2~n. ey: Title: RESOD SUREfY: BY: Washington International Insurance Company ~ ' Virgins Kornbluth Ashley K. Bryant Title: Attorney-in-Fact NOTE: Axampany this bond with cerBfled copy of C,eneral Power of At~mey from the Surety Company to induda the dabs of the bond. (Date of Bond must not he prior to dale of Carrhad)• If Pdndpal Is a PaMership, all partners should ezeaite Bond. Bat-871.dae Rai Bond No. 59056619 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, PNCI Construction, Inc. ~ 553 25 1/2 Road, Grand Junction, CO 81505 ~ as Prindpal, herelnatter referred to as "Principal". and Washington International Insurance Company e oorporatlon organized under the Isws of the Stale of New Hampshire _, ahd qualified to trensad business In the State of Colo2do, es 'Surety' are held and firmly bound unto fhe City of Aspen, Colorado, as obligee, herelneAer referred 1o as'Cibr~' in the penal sum of Thirty-five Thousand Three Hundred Ten Dollars And Zero Cents potters $ 35,310.00 ,lawful money of the United States of America, for the Payment of which sum, well and truly to be made to fhe Cily, we bind ourselves. end our heirs, executers, administrators, successors, and assignees, Jointly and severalty, by these preserr~: WHERFJtiS, aald Principal has err6ered into a wHtten Conlred with the abllgee dated April 13, 2009 2009, for fumisfiing a9 equipment, labor, tools and mgterlals for Wheeler PR Floor Removal and Replacement in accordance wHh detailed Dltrns and spedllralbns on file in tl1s otflra of Ire CHy Clerk of said Glly, a wpy of which Contract 15 atladred hereto and made a part hereof. NOW THEREFORE, The rxxrdltlons of the foregoing obllgatlons are such that M tl~e said Prindpal shall well and truly perform all Ihs ocvenanta end mnditlons of this Contrast on Cie Part of sold Pdndpal fo ba performed, and repair or replace aA defects for a perm of two year(s) as pnnrMed herein, and protect and nave Irarrnless the City of Aspen, Colorado, from all bss and damages to fife or propefpr suffered or strshalned by arty person, fine or corporation, caused by said Prindpal or his agerrls or bier employ.w, In the perfolmer~e of Bald work, W by, or In consequence of arty negligence, carelessness, or m>soondud In guarding and pmtactlng same, or from ahy Improper or defective equipment or materials used In the Worts. or other damages, ousts and expenses and set forth in such Centrac~, then this obllgatlon shall ba wfd othervNse m remain in full fortes and stied In law. This Bond guarantees that the metedal and equipment furnished end used, and workmanship empfayad k1 the performance of Mre work described N this CorMad will be of each drarader and quality as to fof the Ci[y of Aspen for a defects and in c;ontlnuous good order and in a cortdltlon satlsfactory to the t3oveming Body period of two year(s) from tiie dew of the issuance of tl1e Certlfieete of Completion, This Bond guaranDees that the said Pdrrclpal will keep amt rnaUrtaln the subject work wffhout eddftlonal charge or cost to the Clb/ of a period spedfiad, and make such repairs or replemnent of erry defectlve opnsWdlon as the City may deem necessary. ee1•sit.aoo refit The said Principal shell not be regrrirrA to rmintain arty parr of the uryrmvetttmd under this guarantee which, otter its completion ant eceeptenm shall have been tvnoved m altered by the City or its agent SIGNED AND SEALED this 13th day of April ~ gpp9, PRirIC~ PNCI C`o~nstruction, Inc. is~l) By: Atcesc ' r _. , Tide; PRES"~ Washington International Insurance Company ~ _(seat) irgine Kornbluth Ashley K. Bryant dye. Attorney-in-Fact (Axtompatty this band with cetified copy of 6rnetal Power of Attorney Svrn dte Surety Cmrtparry to include the date of the bmd, t B81-sfll.doe 'BB7 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American SpecialTy Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: EILEEN A. BLANCHARD, TIMOTHY 7. BLANCHARD, ANITA C. KELLER and VIRGINE KORNBLUTH JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, conVact or otherwise, provided [hat no bond or undertaking or contract or suretyship executed under this authority shall exceed [he amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is sigtled by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 24'" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vico President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHF,R RESOLVED, Iha[ the signature of such officers and the seal of [he Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety [o which i[ is attached." PP\\111111II Ill/ry/// \AUi ,SQ //~: ) / Ws'IICNg r Po ~ LQ 1~ ' ? . yygg e.?i ~_ Z .__ / / By y I N •r, ~,,v~ sa 1F?.GOF Rgr.G~ ~ sa' SEAL i( ic =a` 1W m- ' Sloven P. AUaenoq Prnidem&ChiefExeculive Ofacer of Washington lnlermlionallmunnce Company ' ' ~ 2' SCI e~~ O? x, 3 g W •.°+ W~q~ Pi es 4 &5 \ P tl t Irv mA C eniar ice rest ono or menca p ) mrance p y n eciab In our an _ ` p ? 6`~. N \`'~ S ~~ ~ y~ Davitl M. LB man, Senior Vice Presitlenl of Inlematiomtl Insurance Company /I'y" ~nl~ & Viee Presitlent of North American spwialty Insunnee Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused [heir official seals to be hereunto afixed, and these presents to be signed by their authorized officers this 30th day of September , 20 Q$ . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On [his 30th day of September 20 08 before me, a Notary Public personally appeared Steven P Anderson ,President and CEO of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and llavid M. Layman , Senior Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of alyd aeknowledged said instrument to be the voluntary act and deed of their respective companies. °ormct,u. sEAr,~ DONNA D. SKI.ENS Nofery W64q State otIDinou My Commiavon E~ires IOIY16,2011 ~l gnos.: /1 .'~i id,~C Donna D. Sklens, Notary Public 1, James A. Camenter ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a tme and correct copy of a Power of Attomey given by said North American Specially Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 13th day of April , 20 09 ~-~~ lames A. earyemer. vme Presitlmt m A99i91anl sertela~ nnvaahmyu,n Imemnuonnl Inmrance Company x North American Specially Insurance ComVanv ACORD.M CERTIFICATE OF LIABILITY INSURANCE 410812009nrrr) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HUB SW Gran6 Junction CL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2742 Crossroads Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 60130 Grand Junction, CO 81506 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: UnitBd Flre & Casualty Gf OUp 999999 PNCI Construction Inc INSURER B: St Paul Fire and Marine Insuran 553 25112 Rd INSURER c: Pinnacol Assurance Company Grand Junction CO 81505 , wsuRER D: INSURER E: Cr1VFRAr:FR 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 MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NER TYPE OF INSURANCE POLICY NUMBER PgLTEYMMFDOnYE PDATV MMIDDnVN LIMITS A GENERAL LIABILITY 60340797 11/O1/OO 11/O1/O9 EACH OCCURRENCE E1 OOO OOO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 OO OOO CLAIMS MADE ~ OCCUR MED EXP (Any one person) $5 OOO PERSONAL 8 ADV INJURY E1 OOO OOO GENERAL AGGREGATE 52 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2 OOO OOO POLICY X PRO LOC JELT A AUT OMOBILE LIABILITY 00340797 11/O1/OO 11/01/09 COMBINED SINGLE LIMIT $1 000 000 X ANV AUTO (Ea accitlenU , , ALL OWNED AUTOS BODKV INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Perattitlenl) PROPERTY DAMAGE E (Per acciGenq GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANV AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG b A E%CESSIUMBRELLA LIABILITY 00340797 11/O1/O8 11/01109 EACH OCCURRENCE E1 OOO OOO X OCCUR ~ CLAIMS MADE AGGREGATE E1 OOO OOO $ DEDUCTIBLE $ X RETENTION $ 1 OOOO E (. WORKERS COMPENSATON ANO 4086923 11/O1/OS 11/01/09 X WC $TATD- DTH- EMPLOVERS' LIABILITY E.L. EACH ACCIDENT $1 OOO OOO ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, tlescribe under SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT E1 OOO OOO B OTHER Excess Liab 0108300278 12/12/08 11/01/09 $4,000,000 aggregate $4,000,000 loss limit DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: Wheeler Pit Floor Removal 8 Replacement. City of Aspen is additional insured as regards general liability per form CG71510506 copy attached. City of Aspen 130 South Galena St Aspen, CO 81611 LD ANY OF THE ABOVE DESCRIBED POLILIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN '.E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUi FAILURE TO DO SO SHALL NO OBLIGATION OR LIABILITY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ~~ ~ ~-~ ACORD 25 (2001108)1 of 2 #5728292/M117067 COS ©AL:urcu L:uecrOrcn I ILJn T Bee CG 71 51 05 O6 j.. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. COVERAGE W -WATER DAMAGE LEGAL LIABILIT Y The Insurance provided under Coverage W (Section I) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. SECTION I SUPPLEMENTAR Y PAYMENTS -COVERAGES A AND B is amended to read SUPPLEMENTAR Y PAYMENTS; and Items 1.b. and 1.d are amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II -BROAD FORM NAMED INSURED 1. Section II -Who Is An Insured is amended to include as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. 2. For the purpose of the coverage provided by this provision only, the following is added to Condition 4.b. Excess Insurance, under Section IV -Commercial General Liability Conditions: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock. 3. This provision does not apply to a policy written to apply specifically in excess of this policy. Item 4.a. is deleted and replaced by the followin g: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. The following are added: 5. Additional Insured • Owners, Lessees or Contractors • Automatic Status When Required In Construction Agreement Wlth You a. Any person or organization for whom you are pertorming operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded these additiona I insureds, the following additional exclusion applies: This insurance does not apply to: CG 71 51 OS 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 13 CG 71 51 OS 06 "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 6. Additional Insured -Vendors Any person or organization (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products", which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does apply to: (1) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part of container, entering into, accompanying or containing such products. 7. Additional Insured -Lessor of Leased Equipment -Automatic Status When Required in Lease Agreement Wlth You a. Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured, but only with respect to your liability arising out of the maintenance, operation or use of such leased equipment, which may be imputed to that person or organization as the lessor of equipment. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: (1) To any "occurrence" which takes place; CG 71 51 OS O6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page S of 13 ACORD,M CERTIFICATE OF LIABILITY INSURANCE aiaenoos"Y'"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HUB SW Grand Junction CL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2742 Crossroads Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 60130 Grand Junction, CO 81506 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: United Flre 8: Casualty GPOUp 999999 PNCI Construction Inc INSURER e: St Paul Fire and Marine Insuran 553 25 1/2 Rd INSURER C: Pinnacol Assurance Company Grand Junction, CO 81505 INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEYMM/DD/YYE PDATE MMID /YYN LIMITS A GENERAL LIABILITY 60340797 11/01/08 11/O1/O9 EACH OCCURRENCE E1 OOO OOO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 51 OO OOO CLAIMS MADE aOCCUR MED EXP (Any one person) ES OOO PERSONAL 8 ADV INJURY b1 OOO OOO GENERAL AGGREGATE 52 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2 OOO OOO POLICY X JEC LOC A AUT OMOBILE LIABILITY t1O34O797 11/01/08 11/01/09 COMBINED SINGLE LIMIT 51 000 000 X ANV AUTO (Ea accitlenp , , ALL OWNED AUTOS BODILY INJURY b SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY b X NON-OWNED AUTOS (Per accitlenl) PROPERTY DAMAGE b (Per acciEenq GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC b AUTO ONLY'' AGG E A EXCESSIUMBRELLA LIABIDTY t1O340797 11/O1/O8 11/O1/O9 EACH OCCURRENCE E1 OOO OOO X OCCUR ~ CLAIMS MADE AGGREGATE E1 OOO OOO $ DEDUCTIBLE E X RETENTION $ 1 OOOO $ t. WORKERS COMPENSATION AND 4086923 11/O1/O8 11/O1/O9 X WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1 OOO OOO ANV PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 I( yes, tlescribe untler SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000 O B OTHER Excess Liab 0108300278 12/12/08 11/01/09 $4,000,000 aggregate $4,000,000 loss limit DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES /EXCLUSIONS ADDED BV ENDORSEMENT /SPECIAL PROVISIONS Re: Wheeler Pit Floor Removal 8 Replacement. City of Aspen is additional insured as regards general liability per form CG71510506 copy attached. City of Aspen 130 South Galena St Aspen, CO 81611 LD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~fL DAYS WRITTEN '.E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO BO SHALL iE NO OBLIGATION OR LIABILITY DF.ANY KIND UPON THE INSURER, ITS AGENTS OR ^-~ ACORD 2512001108) 1 of 2 #5128292/M717067 COS ©AGUKV GUKYUKA l IVN 76Btl CG 71 51 05 O6 j.• Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. COVERAGE W -WATER DAMAGE LEGAL LIABILIT Y The Insurance provided under Coverage W (Section I) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. SECTION I -SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended to read SUPPLEMENTAR Y PAYMENTS; and Items 1.b. and 1.d are amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II -BROAD FORM NAMED INSURED 1. Section II -Who Is An Insured is amended to include as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. 2. For the purpose of the coverage provided by this provision only, the following is added to Condition 4.b. Excess Insurance, under Section IV -Commercial General Liability Conditions: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock. 3. This provision does not apply to a policy written to apply specifically in excess of this policy. Item 4.a. is deleted and replaced by the followin g: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. The following are added: 5. Additional Insured -Owners, Lessees or Contractors -Automatic Status When Required in Construction Agreement With You a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to: CG 71 51 O5 06 Includes copyrighted material of Insurance Services Offce, Inc., with its permission. Page 7 of 13 CG 71 51 OS O6 "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, Feld orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 6. Additional Insured -Vendors Any person or organization (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products", which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does apply to: (1) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (8) Demonstration, installation, servicing or repair operations, except such operations performed al the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part of container, entering into, accompanying or containing such products. 7. Additional Insured -Lessor of Leased Equipment -Automatic Status When Required in Lease Agreement With You a. Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured, but only with respect to your liability arising out of the maintenance, operation or use of such leased equipment, which may be imputed to that person or organization as the lessor of equipment. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: (1) To any "occurrence" which takes place; CG 71 51 05 O6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 13