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HomeMy WebLinkAboutresolution.council.026-09RESOLUTION # (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND HEYL CONSTRUCTION, INC SETTING FORTH THE TERMS AND CONDITIONS REGARDING 2009 CONCRETE REPLACEMENT AND PEDESTRIAN IMPROVEMENT PROJECT 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 Heyl 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 Heyl Construction, Inc regarding 2009 Concrete Replacement and Pedestrian improvement Project, 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 o behalf of the City of Aspen. Dated: i S =~o~ Michael C. Irela ,Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held April 27th 2009 Koch, City Clerk PROCUREMENT CONTRACT ROUTING SLIP 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. ALL CONTRACTS Procurement Description: Budget estimate: rrolect u: Is proposed expenditure approved in the Department's budget? /~~/ Yes / / No GC7 / / / Dept. Head approval of proposal: CONTRACTS OVER $5,000 AND UNDER $10,000 ContractorNendor Selected: f / Dept. Head approval: / / /City Attorney review: / / /City Manager Approval: contract documents to and to Vendor/Contractor CONTRACTS OVER $10,000 .~(l7 RFP or ITB Completed: ~ Eng. Dept. Review: `~~ a~/~RFP or ITB Reviewed by City Attorney: //" _ - / / / Ir Advertisement / / / 2"d Advertisement (Attach Advertisement) / Bid Opening: f~E~y~g~a'y~ II t ContractorNendor Selected: U-1 l "~jb~d`f`~(~t Cllr Dept. Head approval: / / Award letter sent: ~ RJca7 t1 :~~~ / / / 3 signed contracts returned by vendor/contractor ShiC,.~-vt ~ K,F{C.Q ~~-;}~l~erformance and Payment Bonds received ertificate of insurance received / / /Finance Department Review: ~~ If Over $25,000, / / /Prepare cover memo and resolution for City Council Approval. / / /City Attorney Review. / / /City Council Approval ~' ~ 6A City Manager Approval ~ 9 / / /Notice to Proceed City of Aspen 2009 Concrete Replacement and Pedestrian Improvement Project City Project Number: 2009-026 BID DOCUMENTS & CONSTRUCTION SPECIFICATIONS OPENING: 3:OOpm, April 13, 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 Page 1 CITY OF ASPEN 130 South Galena Street Aspen Colorado 81611 (970)920-5080 Project Title: 2009 Concrete Replacement & Pedestrian Improvement Project No.: 2009-026 BID PACKAGE (Contract Documents) TABLE OF CONTENTS Pages Invitation to Bid - Instruction to Bidders ................................................................ ........... IS1 General Conditions ................................................................... ........... GC1 Special Conditions .................................................................... ........... SC1 Technical Specifications .............................................................. ........... TS 1 Qualification Statement .............................................................. ...........*QS1 Bid Proposal ........................................................................... ........... *BP1 Bid Bond ............................................................................... ...........*BBI Affidavit of Compliance ............................................................. .......... *AC1 Liquidated Damages Form .......................................................... .......... *LD1 Notice of Award ...................................................................... ............ NAI 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 .................................................................... ......... **PB Payment Bond ......................................................................... .........**YB1 Maintenance Bond .................................................................... .........**MB1 Contractor's License ................................................................. ..........**LC1 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 ................................................................ ............ PCl Appendices ............................................................................ .............. AP Appendix One, Site Locutions Map ........................................ ............ AP1 Note: Page Markings; '~ Pages to be executed prior to submitting sealed bids. * * Pages to be executed upon notice of award and prior to pre-construction conference. * * * Pages to be executed during final stages or completion of work and prior to release of retainage. CCi-971.doc Page 2 INVITATION TO BID Sealed bids will be received by the City of Aspen's Purchasing Office, 130 South Galena Street, Aspen, Colorado, until, 3:OOpm, April 13, 2009 at which time the bids will be publicly opened and read aloud, for the following City of Aspen project: 2009 Concrete Replacement and Pedestrian Improvement Project Complete Bid Packages are available from the Purchasing office, 130 South Galena Street, Aspen, Colorado or by emailing Rebecca.HodQSOn(a ci.aspen.co.us A pre-bid conference will be held at 11:OOam, April 8, 2009 in Council Chambers, City Hall, 130 S. Galena Street, Aspen, Colorado. Attendance at the pre-bid conference is essential to convey the bidder's questions regazding the plans and specifications to the Engineering Department. The pre-bid conference is optional. 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 must be placed in one envelope securely sealed therein and labeled: "City Project Number: 2009-026 for 2009 Concrete Replacement and Pedestrian Improvement Project"; 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. 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 OFFICER doc Page 3 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 in the Contract Documents accompanying these instructions. The following instructions have been prepazed 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. Notice of Awazd. 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. Progress Pay Estimate form. T. Change Order Form U. Claim Release form. V. Insurance Certificates. 3. Information 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, in the best interests of the City, to waive any technical defects or hregularifies in any and all bids submitted, and to negotiate contract terms with the Successful Bidder, and the right to disregazd all non-conforming, non- responsive or conditional Bids. Discrepancies between words and figures will be resolved in 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 prepamtion 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: CCt-971.doc Page 5 "CC1 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- bidconference shall be borne entirely by the Bidder. B. Reference is made to the Invitation for Bids to determine how complete Bid Packages maybe 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, progress or performance of the Work, (c) familiarize himself with federnl, state and local laws, ordinances, rules and regulations that may in any mawer affect costs, progress or performance of the Work; (d) familiarize himself with the unique weather conditions of the City of Aspen and surrounding area that may affect costs, progress 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 m 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, mazked 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 furnished the required Payment, Performance, and Maintenance Bonds, or other Bonds if any are requred by the Special Conditions, whereupon it will be returned; if the Successfu] Bidder fails to execute and deliver the Contract for Constmction and famish the required 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 Construction" (which term is defined in the General Conditions) or the sixty fvst (61) day after the Bid opening whichever is later in time. Bid Secwity of other Bidders will be returned within ten (] 0) 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 m 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 corpomte address and state of incorporation shall be shown below the signature. Bids by partnerships must be executed in the CC1-971.doc Page 6 "CCt partnership named and signed by a partner, whose title must appeaz under the signature and the official address of the partnership must be shown below the signature. 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 fixed for opening bids, all bids received prior to that time shall be publicly 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 makutg 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 Construction 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 Construction; 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 resources and ability of the bidder to perform the contract or provide the Construction; 7. The affumative 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 terms 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 Ageement with instructions to execute and return the same to the Ciry within seven (7) consecutive calendaz 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 regulazly scheduled meeting following receipt by the City of the duly executed copies of the Contract for Consttuction shall be asked to consider approval of the Agreement and authorize the Mayor of the City of Aspen to execute the same. If City Counci] approval is not required, then the Contract for Construction shall be executed by the City Manager. CC1-971.doc Page 7 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 purchases 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 nature and amount of any requred Maintenance, Payment or Performance Bonds. 9. There are 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 in scope and detail to indicate and convey understanding of all terms 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 fomtal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 12. All City procurements, source selection, contract formation, legal and contractual remedies, and standards of conduct relating to procurements with the City of Aspen are subject to the City's Procurement Code, Chapter 43 of the Municipal Code. 13. By submitting a bid, Contractor certifies and represents that at this time: (i) Professional shall confnm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate m the Basic Pilot Program in order to verify that it does not employ illegal aliens. CC1-971.doc Page 8 °CCt CITY OF ASPEN GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (VERSION GC-97-2) "CCt CITY OF ASPEN, COLORADO GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (Version GC-97-2) TABLE OF CONTENTS Arficle I -Abbreviations, Definitions, and Provisions of General Applicability. 1.1. Abbreviations ....................................................................................................................................................... ........................................... 5 1.2. Defini[ions ............................................................................................................................................................ ........................................... 5 Article 2 -Preliminary Matters. 2.1. Delivery of Bonds ................................................................................................................................................ ............................................ 8 2.2. Copies of Documents .......................................................................................................................................... ............................................ S 2.3. Commencement of Contract Time, Notice to Proceed .................................................................._._............... .................................._._._.. 8 2.4. Starting the Projea .............................................................................................................................................. ............................................ 9 2.5. Before Starting the Projea .................................................................................................................................. ............................................ 9 2.6. Preconstruc[ion Conference ................_................___._._...._...._._......_........._............................................ ..................................._....... 9 2.8 Project Progress Meetings .................................................................................................................................... ............................................ 9 Article 3 -Contract Documents, In[en[, Amending, Ownership, Escrow Bid Documents 3.1. Inten[ ...................................................................................................................................................................... ......................................... 10 3.4. Amending and Supplementing Contract Documents ........................................................................................... ......................................... 10 3.6. Reuse of I)ocuments ............................................................................:................................................................. ......................................... 11 3.7. Precedence of Documents .................................................................................................................................... ........................................ I1 Article 4 -Availability of Lands, Physical Conditions, Reference Points. 4.1. Availability of 1.ands ............................................................................................................................................ .......................................... 11 4.2. Physical Conditions ............................................................................................................................................... ........................................... 11 4.2.1. Ezplomtion and Reports ........................................................................................................................................ ........................................... 12 4.2.2. Existing S[mc[mes ............................................................................................................................................... ........................................... 12 4.2.3. Report of Differing Conditions ........................................................................................................................... ........................................... 12 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-Undergound Facilities ............_ ........................................................._....................__._. _._._._....._._..................... 12 4.3.1. Shown or Indicazed .............................................................................................................................................. ........................................... 12 4.3.2. Not Shawn or lndicazed..._ ...................................................._................................................._....._._._..._......_. .................................__..... 12 4.4. Land Surveys & Reference Points ....................................................................................................................... .......................................... 12 4.5. Protection of Existing Vegetalion ........................................................................................................................ ......_._...._...._._._._......... 13 4.6. Hazardous Mazerials ........................................................................................................................................... ........................................... 14 4.7. Contractor's Representations ............................................................................................................................... ........................................... 14 Article 5 -Bonds, Indemnificafion, Liability, and Insaramce 5.1. Performance, Payment, Maintenance and Other Bonds_._._._._....__._._..._._._........_ .......................... ..........................................._~.... 5.2. Indemnification ..................................................................................................................................................... .......................................... 15 5.3. Contraaor's Insurance .......................................................................................................................................... .......................................... 15 5.4. City's Liability Insurance ...................................................................................................................................... .......................................... 17 Article 6 -Contractor's Responsibilifies. 6.1. General Responsibilities .................................................................................................... ............................................................................. 17 6.2. Supervision and Superin[endence ..................................................................................... ............................................................................. 17 6.3. Labor, Materials, and Equipment _._...._._.._._._._._..._._..._._._._._._...._......_ ............. ............................................................................. 18 6.4.-6.7 Reserved ........................_................................_.................................... ..........................._._._.._._............................. 18 6.8 Sub-contractors, Suppliers and Others .............................................................................. ............................................................................. 19 6.9 Sub-contracting .......................................................................................... .................................................................... 20 6.10 Pazent Fees, Royalties, Permits ...... _ ..................... _......_._.................................... .............._.......................... _.... _..... _....... 20 6.11 Permits ...................................................................................................... .................................................................. 20 6.12 Laws and Regulations ................................................................................. ...................................................................... 20 15 .doc Page 10 "CC1 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 6.1 S Shop Drawings and Samples ......................................................................... ..................................................................... 22 6.19 Claim Release, Mechanics' Lien ............................_........................................... ................................................................... 23 6.20 Continuing the Work .................................................................................... ......._............................................................ 24 6.21 Contractor's Facilities .................................................................................... ..................................................................... 24 Article 7 -Other Work 7.1. Related Work at Site ...................................................................................................................................................................................... 24 7.2. Caordinmion ................................................................................................................................................................................................. 24 Article 8 -City's Responsibilities 8.0. ........................................................................................................................................................ 25 Ardcle 9 -Engineer's Status During Construcfion. 9.1. City's Representative .............................................................................................................. ...................................................................... 25 9.2. Visits [o Si[e ............................................................................................................................. ...................................................................... 25 9.3. Project Representation ............................................................................................................ .:.................................................................... 25 9.4. Clarification and lnterpretation ......._._._...._.._._._...._ ........................................................_ ._...._._._...._._._._........................._..........._ 26 9.5. Authorized Variations in Work ............................................................................................... ..........................................._...._._................ 26 9.6. Rejecting of Defective Work .................................................................................................. ...................................................................... 26 9.7 Shop Drawings, Change Orders and Payments.._....._._ ....................................................._._ ._._._._._._._._..._._._._....._._......._............. 26 9.8 Decisions on Dispu[es ........................................................................................ ....._.............................................. _.......... 26 9.9 Arbitration ...................................................................................................... ............................................................... 27 9.10 Limitations on The Engineer's Responsibilities ................................................................... ....................................................... 27 Article 10 - Changes in [he Work 10.1. City Initiated Changes ................................................................................................................... ...................................................................... 27 10.2. Work Directive Change ............_._._._ ............._._._........_._.............................._...._._._..._._._ ._.........._........................................._...__..... 27 10.3. Change Order ................................................................................................................................. ...................................................................... 28 10.4. Contractor Change Reques[ .......................................................................................................... ....._......................................................._...... 28 10.5. Down Time 10.6. SubmitW Requirements and Waiver of Claims ._........_ .............................._._.._........._..._._._ ._......................................................._......__ 29 Article 11 -Changes of Con[rac[ Price. 11.1. Contract Price Adjustrnents ...._._._......._._._._........_._._._ ....................._....._._._...._._..._........ .._...................................................._............ 29 11.2. Contrac[Time Adjustments ......................................._.........._....................................._..._.......... ......................_........._....._........_...._............ 29 11.3. Force Account Work ...................................................................................................................... ...................................................................... 30 11.4. Contract Sum Determination ......................................................................................................... ...................................................................... 30 11.5. Cost and Pricing Data ...................................................................................................................... ...................................................................... 32 11.6. Variation in Quantity of Unit Priced ltems _._....._._._._._ ........................._...._._._._._..._...._.. ................................_.................................... 32 Article l2 -Reserved Article 13 -Warranty and Guarantee (Maintenance Bond); Tests and lnspecHon; Correcfion, Removal or Acceptance of Defective W ork 13.1. Warranry ................................................................................................................................... .......................................................................... 33 13.2. Access [o WOrk ................................................................._............................_...._.._.__._..._. _............................................................._._._... 34 13.3. Tests and Inspec[ions ................................................................................................................. .......................................................................... 34 13.4. Uncovering Work ....................................................................................................................... .......................................................................... 35 13.5. City May Stop the Work ............................................................................................................ .......................................................................... 35 13.6. Correction or Removal of Defective Work ............................................................................... .......................................................................... 35 13.7. Cortection Period ....................................................................................................................... .......................................................................... 35 13.8. Acceptance of Defective Work .................................................__._._._........................_..__...... ......._._......._.........................................._._.__. 35 13.9. City May Correct Defective Work ..._._._._._....._._...._._._..._._._._._._._.._._._.........._ ........ ...................._....................._...._.._._._._..._..... 36 13.10. Unauthorized Work ._ ............................_._..........._._._._._..._._._._._._........_._......._........... ................._._._._._.................._._._._._._..._... 36 Article 14 -Payments to Contractor and Complefion. 14.1. Determination ofWOrk Value ................................................................................................_._._............._..................................................... 36 ]4.2. Application for Progress Payment ....................................................................................................................................................................... 36 CC1-971.doc Page 11 "CC1 14.3. Contractor's Warranty ofTi[le ................................................................................................................................ ............................................ 37 14.4. Engineer's Review ofProgress Payments ............._._..._........................................._................_._._._................. ............................................ 37 14.5. Substantial Completion .......................................................................................................................................... ............................................ 38 14.6. Partial Utili~[ion ..................................................................................................................................................... ............................................ 38 14.7. Final lnspection ....................................................................................................................................................... ............................................ 39 14.8. Final Progess Payment ............................................................................................................................................ ............................................ 39 14.9. Settlemen[Date, Notice to Subcontractors, Acceptance and Final Paymen[......._ ............................................._... ....:.................._..._............. 39 14.10. Contractor's Continuing Obligazion ....................................................................................................................... ............................................ 39 14.11. Time for Completion and Liquidazed Damages ....................................................................................................... ........................................... 40 Article 15 -Suspension of Work and Terminafion. 15.1. City May Suspend Work ....................................................................................................................................... ............................................ 41 15.2. City May Terminate ................................................................................................................................................ ............................................ 41 15.5. Contractor May Stop Work or Tertninate ............................................................................................................. ............................................. 42 Article 16 -Miscellaneous. ]6.1. Nondiscrimination ................................................................................................................................................ ............................................. 42 16.2. Giving Notice ........................................................................................................................................................ ............................................. 43 16.3. Computation of Time ............................................................................................................................................. ............................................. 43 16.4. General ................................................................................................................................................................... ............................................. 43 16.5. Independent Contractor Status ......._._...._._ ....................................................._................................................_... ....................................._._... 43 16.6. Prohibited Interest ............................................................................................................................................... ............................................. 43 16.7. Warranties Against Contingent Fees, Grazui[ies, Kickbacks and ConFlic[ of In[erest ..............._._......._._......_..... ........................................... 44 16.8. Payments Subject to Annual Appropriazions ....................................................................................................... ............................................. 44 16.9. Contractor Acceptance ......................................................................................................................................... ............................................. 44 16.10. Successors and Assigns ......................................................................................................................................... ............................................. 45 16.11. Third Parties ......................................................................................................................................................... ............................................. 45 16.12. Waiver ...........................................................................................................:....................................................... ............................................. 45 16.13. Agreement Made in Colorado .................................................................................................................................. ............................................. 45 16.14. Attorneys' Fees ....................................................................................................................................................... ............................................. 45 16.15. Waiver of Presumption ........................................................................................................................................ ............................................. 45 16.16. Severability Clause ................................................................................................................................................ ............................................. 45 16.17. Audit and Records ................................................................................................................................................ ............................................. 45 16.18. Audit ....................................................................................................................................................................... ............................................. 46 "CC1 INTRODUCTION The Contract Documents aze complementary, and what is required by any one shall be as binding as if requved by all, unless certain services or equipment are specifically excluded. These General Conditions have been prepared to be incorporated by reference into the Contract entered into between the City and the Contractor. >n the event of conflict or inconsistency among the Contract Documents, the order of precedence set forth in the Contract for Construction shall govern the interpretation of the Contract between the Ciry of Aspen and the Contractor. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with their recognized meanings, provided however that those terms required 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 then place occur 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 Insurance Association SICS American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards 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 Transportatioq 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 Bureau of Standards 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 Department of Transportation, Urban Mass Transportation Authority UD&FCD Urban Drainage and Flood Control District MUTCD Manual on Uniform Traffic Control Devices 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: CC1-971.doc Page 13 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 standard Contract Documents prepared by the City to assist potential bidders to prepare their 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 Construction. City or Owner -The City of Aspen in Pitkin County, Colorado Contract -All 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, Genera] Conditions, Special Conditions, Contract for Construction, Bid Bond, Notice of Awazd, Payment, Performance, and Maintenance Bonds, Drawings identified in the Contract Documents or attached as part ofthe 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 Contmct Revisions item(s) which are subject to the City's written authorization for expenditure. Contract Time -The number of the consecutive calendaz 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 Ciry Project Inspector to record the Contractor's daily work quantities and project events. Daily conswction 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 pazagraph 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 such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ""CCt 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 Conttact Time, issued by the Engineer to the Contractor during construction. Hazardous Materials -The term "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 successful 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 commence 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 Departrnent, 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 authorizzd 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 prepazed upon substantial completion of the Work by the City Project Inspector. Shop Drawings -All drawings, diagrams, illustrations, brochures, schedu]es 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 illustrate material or equipment for some portion of the Work. SpeciScations -Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - A fum 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 progressed to the point where, in the opinion of the Engineer as evidenced by the Engineer's acceptance, is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for which it is intended. The terms "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. Special Conditions or Special Provisions -The part of the Contract 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. 15 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 undergound 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 runoff removal, traffic or other control systems. Unit Price Work -Work to be paid for on the basis of unit prices Work -The entire completed construction or the various sepazately identifiable parts thereof required to be famished under the Contract Documents. Work is the result of perfom»ttg services, famishing labor and famishing and incorporating materials and equipment into the conswction, 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.I Delivery ojBonds: When Contractor delivers the executed Contracts to the Engineering Department, the Contactor shall also deliver such Bonds as the Contractor is be required to famish in accordance with paragraph 5.1. 2.2 Copies ojDocuments: The City shall famish to the Contractor up to three copies (unless otherwise specified in the Special Conditions) of the Contract Documents as aze reasonably necessary for the execution of the Work. Additional copies will be famished, upon request, at the cost of reproduction. 2.3 Commencement ojContract 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 Contract Documents and shall execute the same. Notwithstanding any representations to the contrary made by City's employees, either directly, indvectly, 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 City 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 Contract and other Contract Documents, and has delivered the specified bonds, Certificates of Insurance, as aze 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 Project: 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 cazefully study and compaze the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from the Engineer before proceeding with any Work affected thereby. 2.5.1. Within Three Days 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. L 1. An estimated progess schedule indicating the starting and completion dates of the various stages of the Work; "CC1 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 ensure 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 Ciry and the Engineer, copies of certificates (and other evidence of insurance requested by the City) which the Contractor is required to purchase and maintaut. 2.6 Pre-construction Conjerence: Within Seven (7) Consecutive Calendar Days after the Effective Date of the Bid Award, and before the Contractor starts the Work 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, procedures 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 progress, and other project related issues to ensure efficient and smooth progress of work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 /ntent: The Contract Documents comprise the entire agreement between the City and the Contractor concerning the Work. The Contract Documents aze 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. ]. 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 required to produce the intended result will be supplied whether or not specifically called for. When words which have swell-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted m 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 in 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 then consultants, agents or employees from those set forth i$ 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 Conduct 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: -971.doc 3.2. ] . A forma] Amendment of the Contract for Construction; 3.22 A Change Order pursuant to paragraph 10.3. As indicated in Article 11 Contract 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 maybe supplemented, and minor variations and deviations in the Work may be authorized, in 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 pangaph 9.4) 3.3 Reuse of Documents: Neither the Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the City shall have or acquire any title to or ownership rights th any of the design details, drawings or specifications. 3.4 Precedence of Contract Documents: The Contract governs over the Contract Documents. A Change Order govems over all other Contract Documents impacted by change. The Special Conditions govern over the General Conditions. ARTICLE 4 -AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 4.1 Availability of Lands: The City shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of--way and easements for access thereto. The Contractor 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 Conditions: 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 preparation 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 paragraph 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 skil] 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 refen•ed 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 in 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 Contractor shall have full responsibility with respect to physical conditions in or relating to such structures. The 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 drawings. CCt-971.doc Page 18 °CC1 4.2.3. REPORT OF DIFFERING CONDITIONS: If the Contractor believes that: 4.2.3.1. Any technical data on which the Contractor is entitled to rely as provided in pazagraphs 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 referred to in the Contract Documents, Then, the Contmctor shall promptly, after becoming awaze 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 writing 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 fmdings and conclusions. 4.2.5. POSSIBLE DOCUMENT CHANGE: If the Engineer concludes that there is a material error th 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. 4.2.6. POSSIBLE PRICE AND TIME ADJUSTMENTS: >n each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they aze 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 Physcca/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 Contractor shall have full responsibility for determining the existence of all Undergound 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 W ork with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in pazagraph 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 Underground 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 awaze of, Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except th 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 Contract 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 paragraph 6.16.1. The Contractor 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 Undergound Facility that was not shown or indicated m 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. CC1-971.doc Page 19 •'CC1 4.4 Reference Points: 4.4. The City shall provide engineering surveys to establish reference points for construction which in the Engineer's judgment aze 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 requues 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 of Property and Landscape: 4.5.1. The Contractor shall be responsible for the preservation of al] public and private property and shall protect carefully from disturbance or damage all land and property and shall protect carefully from disturbance or damage all ]and 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. 4.5.3. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct by the Contractor in the execution of the 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 dvected, or he shall make good such damage or injury in an acceptable manner. 4.5.4. State Highway 82 and the streets within the corporate limits of the City of Aspen are viewed by the City as a community asset which enhances the tourism industry. The City, therefore, desires 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 m 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 m such a manner that the least environmental 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 Geneml Conditions. 4.5.7. If the fence, staking or mazking 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 distwbs 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 Contractor 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: 4.5.10.1. Trees or shrubs 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 CC7-971.doc Page 20 "CC1 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 Bowing the plants, plus the cost for planting and a guarantee for the first Bowing season. 4.5. ]0.2. 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 yazd of surface area measured at the Bound 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 Ciry 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 Hazardous Materials by appropriately licensed Subcontractors or entities. The Ciry shall reimburse the Contractor for the invoice costs of the tesu, only in the event that the Contractor furnishes the City with certified test data and results which confirm the existence of Hazardous Materials. 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 final 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 Hazazdous Materials), including, to the extent required, any grading and reinforcement necessary to restore the weight-bearing capacity of such real property prior to such event. The City shall remove the Hazadous Materials and restore the real property m such a manner as not to interfere with the Contractor's construction or operation of the Project. 4.6.3. If Hazardous Materials are present on or under the Project right-of--way as a result of any dischazge, dumping or spilling on the Project rightof--way during the terra 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 Contactor's sole cost and expense, cause any such Hazadous Materials to be encapsulated, treated or removed from the Project right-of--way and transported for final disposal in 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 Hazardous Materials), including to the extent required, any gading and reinforcement necessary to restore the weight-bearing capacity of the Project fight-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 in 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 Contractor Representations By executing the Contract, the Contractor represents that he/she has visited the site, familiarized him/herself with the local 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 Conttact Documents. ARTICLE 5 -BONDS, INDEMNIFICATION AND INSURANCE S.l Perjarmance, Payment, and Maintenance Bonds: .doc Page 21 5.1.1. Contractor shall famish performance, payment, and maintenance Bonds, each in 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 in full force and effect for Two Years from the date of project closwe, except as otherwise provided by the Contract Documents. The Contractor shall also furnish such other Bonds as are required by the Special Conditions. All Bonds shall be in the fomts prescribed by Law or Regulation or by the Contract Documents and be executed by such swedes as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Swedes on Federal Bonds and as Acceptable Reinsuring Companies" as published in Cvculaz 570 (amended) by the Audit Staff Bweau of Accounts, U.S. Treasury Departrnent. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.1.2. If the swety on any Bond furnished by Contractor is declared a bartla~upt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requvements of paragraph 5.1, Contractor shall within five days thereafter substitute another Bond and Swety, both of which must be acceptable to the City. 5.2 /ndemnification: 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, siclmess, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are th 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 Conttactor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subconttactor 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 reimbwse 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 in 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's /nsurance: 5.3.1. The Contractor agrees to procwe and maintain, at its own expense, a policy or policies of inswance sufficient to inswe against all liability, claims, demands, and other obligations assumed by the Contractor pwsuant to Section 5.2 above. Such insurance shall be in addition to any other inswance 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 inswance, or by reason of its failwe to procwe or maintain insurance insufficient amounts, duration, or types. 5.3.2. Contractor shall procwe and maintain, and shall cause any subcontractor of the Conhactor to procwe and maintain, the minimum inswance coverages listed in the Supplemental Conditions. If. the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procwed and maintained with forms and mswance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pwsuant 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 inswance 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-inswed 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 CC1-971.doc Page 22 "CC1 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 undergound hazards. The policy shall contain a severability of interests provision. 5.3.2.3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used th performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract 5.3.3. Except for any Professional Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contmctor 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 Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits aze in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City of Aspen. 5.3.5 In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contmctor.and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy.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. Failure on the part of the Contractor to procure or maintain policies providing the required covemge, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in coanection 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. CCi-971.doc Page 23 '"CCt 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 /assurance: 5.4.1. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIItSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and aze available to Contractor for inspection during normal business hours. 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. 5.4.2. The parties hereto further 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 tune 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 of the 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 6.1 General Responsibilities: 6.1.1. The Contractor shall perform all of the 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, collateral, and incidental Work and services as may be necessary in 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 required by the Contract Documents, and shall achieve Substantial Completion (100% of the Work) by the Contract Time. 6.1.3. Construction services shall be performed th 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 Contractor's Proposal in accordance with their respective degrees 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. 6.1 Supervision and Superintendence: 6.2.1. The Contractor shall supervise and dvect 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 all times during its progress 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 required- 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 hours, 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. CCt-97t.doc Page 24 °CC1 6.3.2. Unless otherwise specified in the Specific Conditions or Specific Provisions, the Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, constmction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the fiunishing performance, testing start-up and completion of the Work. 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 furnish 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, connected, erected, used, cleaned and conditioned in accordance with the instructions of the 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 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 paragraph 9.10.1. or 9.10.2. 6.4 - 6.6 Reserved 6.7. Work Schedule: 6.7.1. The Contractor shall submit to the Engineer for acceptance such schedule of work progess reports, estimates, records, and other data as the Ciry 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 are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particulaz 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 detertnitte that the material or equipment proposed is equivalent or equal to that named. The Engineer will include the following as supplemented in the General Requvements. Requests for review of substitute items of material and equipment will not be accepted by the Engineer from anyone other than the Contractor If 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 similaz 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 of the Contract Documents (or in the provisions of any other direct contract with the City for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repay and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result dvectly or indvedly 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 in evaluating the proposed substitute. The Engineer may require the Contractor to furnish 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 furnish or utilize a substitute means, method, sequence, technique or procedure of consWction acceptable to the Engineer. The procedure for review by the Engineer shall be similaz 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 famish at the Contactor's expense a special performance guarantee or other surety with respect to any substitute. The Engineer will record time requ'ved 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 chazges of the Engineer and the Engineer's consultants for evaluating each proposed substitute. CC1-971.doc Page 25 6.9 Subcontractors, Suppliers and Others: 6.9.1. The Contractor shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to the Ciry and the Engineer as indicated in paragaph 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 famish 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 Ageement for acceptance by the City and the Engineer and if the Contractor has submitted a list thereof in accordance with the Special Conditions, the Ciry'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, in 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 Enginer for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work under a direct or indirect conhact 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 of the 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 requved 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 Subcontractor which specifically binds the Subcontractor to the Applicable terms and conditions of the Contract Documents for the benefit of the City and the Engineer and contain waiver provisions as required by Section 5.3. The Contractor shall pay each Subcontractor ajust share of any insurance moneys received by the Contractor on account of losses. 6.10 Subcontracting and Percentage of Work Awarded to Subcontractor(s): 6.10.1. The Contractor may utilize the services of specialty Subcontractors on those parts of the Work, which under normal contracting practices, are performed by specialty Subcontractors. 6.10.2. The Contractor shall not award Work to Subcontractor(s), mexcess of forty nine percent (49%) of the Contract Price This condition shall be a minimum standard for a qualified Prime Contractor to perform within the City rights of ways. 6.I1 Patent Fees and Royalties: The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the 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 th the performance of the Work or resulting from the product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.12 Permits: Unless otherwise provided in the Special Conditions, the Contractor shall obtain and pay for all construction permits and licenses. The Ciry shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which aze applicable at the time of opening of CC1-977.doc Page 26 "CC1 Bids on the Effective Date of the Contract. The Contractor shall pay all changes of utility Citys for connections to the Work, and the City shall pay al] changes of such utility owners for capital costs related thereto such as plant investmem fees. 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. 6.14 Taxes: The Contractor shall pay all existing and future applicable Federal, State and local sales, consumer, use and other similar taxes whether duect or induect. 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 indvect 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 in 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 Department of Revenue for a Certificate of Exemption indicating that the Contractor or Subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the 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 ]and and areas identified in, and permitted by, the Contract Documents and other land and areas permitted by Laws and Regulations, rights-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 owner 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 law. The Contractor shall, to the fullest extent pernitted by Laws and Regulations, indemnify and hold the City and the Engineer hamiless 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 Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.16 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 construction. These record documents together with all approved samples and a "CCi 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. 6.17 Safety and Protection: 6.17.1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in commedion 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 may be affected thereby; 6.17.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or offthe site; and 6.17.1.3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road-ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. The Contmctor 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 safeguazds 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 indirectly, in whole or in part, by the Contractor, any Subcontractor, Supplier or any other person or organization dvectly 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 th accordance with Section 145 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 OSHA 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. 6.18 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. 6.19 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 will beaz 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 required 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. 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 corrections required by the Engineer, and shall return the requred number of corrected copies of Shop Drawings and submit as required new samples for review and approval. The Contractor shall direct 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 requirements 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 errors 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 agrees 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 agrees further that this waiver of liens and waiver of the fight to file or maintain liens shall be independent covenant and shall apply also to work, labor, services performed, materials, equipment and other items furnished under any Change Order or supplemental agreement for extra or additional work in connection with the Project. The Contractor agrees to defend, indemnify, protect and save hamiless the City from and against any and all claims or liens and actions brought or judgments 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 agrees 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 agrees 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 agreements with the Contractor. CC1-971.doc Page 29 "CC1 6.20.3. The Contractor ogees 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 (10) consecutive calendar dam 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 fmancial condition of the Contractor, insofar 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. 6.21 Continuing the Work: The Contractor shall carry on the Work and adhere to the progess schedule during all disputes or disageements with the City. No Work shall be delayed or postponed pending resolution of any disputes or disageements, except as permitted herein or as the Contractor and the City may otherwise ogee in writing. 6.22 Contractor Facilities: All temporary contractor facilities shall be in accordance with regulations and codes governing such constmction. The types of temporary constmction facilities required for the Project may include, but aze 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. All 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 furnished 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 direct 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 dismptions. 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 all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integate 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 W ork 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-apparent 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 CC1-971.doc Page 30 '°CC1 Special Conditions. Unless otherwise provided in the Special Conditions, neither the City nor the Engineer shall have any authority or responsibility in respect of such coordination. ARTICLE 8 -CITY'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 requved of the City under the Contract Documents promptly and shall make payments to the Contractor through processing of the monthly Progress Pay Estimate forms within 30 days from the cut-off 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 in accordance with the Municipal Code of the City of Aspen, under a purchase order. The City shall not issue any Change Order or execute a Written Amendment requiring additional compensable work, which work causes the aggregate amount appropriated by the City, unless the Contmctor 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 Ciry'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 Site: The Engineer shall make visits to the site at intervals appropriate to the various stages of consWction to observe the progess 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 duected 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. 9.3 Project Representation: If the City and the Engineer agree, the Engineer will furnish a Resident Project Representative to assist the Engineer ht observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be to ensure conformance 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 Ciarifrcation 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 Contract 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. 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 are 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 orderjustifies an extension of the CC1-971.doc Page 31 "CC1 Contract Time and the parties are unable to agree as to the extent thereof, the Contractor may make a claim therefor as provided herein. 9.6 Rejecting Defective 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 completed. 9J. Shap Drawuegs, 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 6.20.1. inclusive. 9.7.2. In connection 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 in respect 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 th the Contract Price or Contract Time shall be referred initially to the Engineer in writing with a request for a formal decision in 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 occurrence 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 paragraph 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 final 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 9.10 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 Subconhactor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives `Yeasonable", "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 direct the famishing or performance of the Work or any duty or authority to undertake responsibility contrary to the Contract Documents. CC1-971.doc Page 32 "CC1 ARTICLE 10-CHANGES IN THE WORK ]O.I City Initiated Changes 10.1.E 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 m 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 m 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 (]OI consecutive calendar davs 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 finalize a Change Order, if necessary. ]0.2 Written Notice of Change 10.2.1. A Written Notice of Change maybe 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 agreement on all of the terms of a Change Order, but the City requires 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 General Conditions. ]0.3 Change Order When the Contractor and the City reach agreement on the adjustments to the Contract Price and/or Contract Time, such ageements shall be promptly recorded in an executed Change Order. 10.4 Contractor Change Request 10.4E 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 cvcumstance 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 "Conhactor Change Request". 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 in the Contract Price and/or Contract Time which it believes is appropriate. 10.4.3. With respect to orders, instructions, drectives, interpretations, determinations, or the discovery of any erors or omissions in the Contract Documents, a Contractor Change Request shall be submitted before the Contractor acts on them, but in no event more than Ten (]0) consecutive calendar dam after they were received or discovered. CC1-971.doc Page 33 "CC1 10.8.4. With respect to any differing site conditions, a Contractor Change Request shall be submitted before the conditions aze disturbed, but m 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 th no event more than Ten (/0) consecutive calendar days therefrom. 10.8.6. With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than Ten (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 down time. 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 ojClaims 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 (10) consecutive calendar davs submit m 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 Conttact Time arising out of the act or event described in the Contract Change Request. 10.6.3. If a Contractor Change Request is denied by the Engineer, in whole or in part, any claim for an increase in the Contract Price or Contract Time arising out of the act or event described in the Contractor Change Request is waived unless the Contractor timely complies with the provisions of pazagraphs 10.4.1. through 10.4.6. ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACT TIME 17.1 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 rates, equipment types and capacity, labor costs by craft and other information which the City may reasonably requre 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. 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 Time Adjustments. CC1-971.doc Page 34 11.2.1. Any extension of the Contract Time must be requested in a Contractor Change Request which complies with all of the requrements of paragraphs 10.4.1 through 10.4.6. Failure to strictly comply 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. ]f 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 Department's Daily Construction Log forms substantiating that weather conditions were unusually severe for the period of time, and could not have been reasonably anticipated. Regazdless of actual weather conditions, any day m which the Contractor is able to work Sixty 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 Contractor 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 are 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 Ciry 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 all of the costs described in Section 11.4.1 through Section 11.4.4 which cleazly 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 113.2 Unless otherwise provided in the Contract Documents, costs for the purposes of Force Account Work shall be itemized daily on Daily 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 ofbase 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 th 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 In no event shall the chazge 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) ""CC1 [hat perform the individual change in Work full-time. For shop work, the drect 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 Burden. Contactor'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 burden must reflect the variability of some burdens, i.e., social security. The burden shall include all small tools which cost less than $200 apiece. 11.4.3 Direct Material. Supelies. Installed Equipment. Actual net direct cost of materials, supplies and equipment incorporated in or consumed by the Work. If actual costs are not available, the cost shall be the lowest commercially available price including all discounts and rebates and all applicable taxes. Cost shall be based on buying the material, supplies and equipment in the lazgest practical quantity to receive quantity discounts. 11.4.4 Equinment. 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 1110-1-8, 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 in the above-cited C.O.E. manual. (3) Mobilization/demobilization costs will be paid if the equipment is mobilized exclusively for Work described in 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. Mobilzation/demobilization cost will be based on using the least expensive means to mobilize or demobilize. Equipment shall be obtained from the nearest available source. When the least expensive methods aze 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. 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 City 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 Adjustment. 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 an Ciry's cause for delay or disruption. CC7-971.doc Page 36 "CC1 I1.5 Cost and Pricing Data 11.5.1 Certificate of Current Cost or Pricing Data. The Contractor shall submit a Certificate of Current Cost or Pricing Data with any agreed upon Contract Price adjustment, but prior to the execution of a Change Order for the work, in the following format: Certificate 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 City 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 aze 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 regular commercial customers for the same items. 11.5.3 Price Reductions for Defective Costs or Pricing 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 Contact modified by a Change Order. 11.6 Variation in Quantity of Unit Priced Items: 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 25 oercenJ 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 gtantity. The City at any time after the award of the Contract, may delete Bid items, provided that the total of such deletions does not exceed twentyfrve percent 2( S%I of the total Contract Price, and such deletions will not justify an increase in other Bid prices. If the quantity variation is such as to cause an increase m 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 13.1 Warranty: CC1-971.doc Page 37 "CC1 13.1.1. The Contractor warrants and guarantees to City that all Work, whether supplied, furnished, 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 ]3. Work shall be performed in a sMllful and workmanlike manner. Except where longer periods of warranty aze 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 from date of Substantial Completion, which One Year period shall be covered by the Maintenance Bond and Payment Bond as specified in the Contract Documents. Landscaping replacement shall be warranted for two Bowing 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 th fulfilling the requirements of the Contract Documents. 13.1.3. With respect to all warranties, express or implied, from Subcontractors, manufacturers, or Suppliers for Work performed and materials furnished 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 Subcontractor's, manufacturers, or Supplier's, standard waranty exceeds the minimum City requirements as set forth in this Article or elsewhere in the Contract Documents, the Subcontractor's, manufacturer's, or Supplier's standard warranty shall apply. Otherwise, the Contractor shall be responsible for a Two Year term under the Maintenance Bond. 13.1.3.2. Require all 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 directed by the Engineer. 13.1.3.4. Assign all warranties and guarantees in writing to the City upon the request of the Ciry. 13.1.4. Notwithstanding anything to the contrary above, the Contractor shall warrant that al] equipment which are incorporated into the Work or any subsystem shall be new, free from liens and defects in design, have clear title, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of 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 /5) Years from the date each piece of equipment incorporated into the Work or any subsystem is accepted by the City, it appears 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 wrrect such nonconformity to the satisfaction of the City, a[ the Contractor'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. 13.1.4.1. The preservation, packaging, packing, and marking, and the prepazation 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 chazges and responsibility for the supplies and equipment while in transit shall be borne by the Contactor. 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 Subcontractor, 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. CCt-971.doc Page 38 "CC1 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 in 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 thereof, 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 W ork 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 all costs in connection therewith and furnish 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 Contractors purchase thereof for incorporation in the Work. The cost of all inspections, testing, re-testing and approvals in addition to the above that aze required by the Contract 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 Contractor shall pay for re-testing of all failing and non-conforming materials thereafter. 13.3.3. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by professional Earns 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 uncovered for observation. Such uncovering and testing when required by the Engineer shall be at 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 Contmctor's obligations to perform the Work in accordance with the Contract Documents. 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, furnishing 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 reconstruction, (including but not limited to fees and charges of engineers, azchitects, attorneys and other professionals), and the City shall be entitled to an appropriate decrease in the Contract Price. 13.5 City 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 CC1-971.doc Page 39 "CC1 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 City to exercise this right for the benefit of the Contractor or any other party. 13.6 Correction or Removal of Defective Work: If required by the Engineer or the City, the Contractorshall 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 beaz all drect, indirect and consequential costs of such correction or removal (including but not limited to fees and charges 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 cost 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 ^ondefective Work. If the Contractor does not promptly comply with the terms of such instructions, 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, induect 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 particular 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 earlier date if so provided in the Specifications or by Written Amendment. Landscaping replacement shall be warranted for two growing season. I3.8 Acceptance of Defective Work: If, 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 direct, indirect and consequential costs attributable to the City's evaluation of and detemtination 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 Ciry May Correll 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 [o 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, correct and remedy any such deficiency. Tn exercising the rights and remedies under this paragraph the City shall proceed expeditiously to the extent necessary to complete corrective 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 exercise the fights 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 Contract Price. Such direct, indtrect and consequential costs will include but not be limited to fees and charges of engineers, architects, attomeys 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. 13.10 Unauthorized Work: Work performed beyond the lines and grades on the Drawings or approved Design Documents, Consttuction Documents or Shop Drawings and extra work done without written authorization, will be considered as unauthorized work, and the Contractor will .doc Page 40 "CC1 receive no compensation therefore. If required by the- City, unauthorized work will be remedied, removed, or replaced by the Contractor at the Contractor's expense. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Determination ojWork Value: The Work quantities recorded on the City of Aspen Engineering Department's Daily Construction Log forms shall serve as the basis for preparation and justification of the progess 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 Construction Logs. 14.2 Application for 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 progess estimates prepared 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 m accordance with these General Conditions. The amount of the progess 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 be retained 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 completed 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 final 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 standard 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. 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 completed or if the Bid item is installed or completed One Hundred Percent //00%) in place and accepted by the Engineer. ]4.2.4. 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 terms 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 ] 0 days of receipt of the City's payment to the Contractor; "CC7 Subcontractors and lower tier subcontractors shall make payments to their subcontractors, according to the requvements above and shall make payments within 10 days of receipt of payment from the next higher tier. 14.3 CanlraCf0/'S Warranty of Title: The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any progess 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 ojProgress 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 progessed to the point indicated; that to the best of the Engineer's knowledge, information and belief, the quality of the Work is m 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 Ciry to withhold payment to Contractor. 14.4.2. The Engineer may refuse to recommend the whole or any part of any payment if, in the Engineer's opinion, it would be incorrect 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 requiring correction or replacement; 14.4.2.2. The Contract 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 pazagraph 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. 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 Substantia/Completion: 14.5.1. The date accepted by the City when the construction of all Work items in the project or a specified part thereof is One hundred percent (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 enfve Work ready for its intended use, the Contractor shall coordinate with the City an inspection of the Work and conduct such tests as required to ensure the Work meets or exceeds all Performance Standazds 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 fmal 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 Partial Utiliwtion: 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 City 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 City at any time may request the Contractor in writing to permit the City to use any such part of the Work which the City believes to be ready for its intended use and substantially complete. If the Contractor agrees, the Contractor will certify to the City and the City Engineer that said part of the Work is substantially complete. CC1-971.doc Page 14.7 Finallnspections: 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 m writing of all particulazs 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 City 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 in paragraph 6.12) and other documents -all as requred 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 Ciry Engineering Department will advertise for project closwe 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 closwe if no verified claim has been filed with the City. 14.9 Settlement 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 progess Payment and accompanying documentation - all as required 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 Contractor's other obligations under the Contract Documents have been fulfilled, 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 furnished labor, provisions, materials, team hve, sustenance, or other supplies used or consumed by 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 inswe the payment of said claims until the same have been paid or such claims as filed have been withdrawn, 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 fiords shall not be withheld longer than Ninety 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 Ciry. 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 final outcome thereof, only such balance of funds [o inswe the payment of judgments which may result from such suit. 14.8.2. If, the remaining balance to be held by the Ciry for Work not fully completed or corrected is less than the retainage set forth at paragaph 14.2., and if Bonds have been fiunished as requred th Article 5, the written consent of the swety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor 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 Conhactor'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 failwe 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 pwsuant to pazagaph 14.9, nor any correction of Defective Work by the City will constitute an acceptance of Work not m 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 ageed, by and between the Contractor and the City, that the date of beginning Work and the time of completion as specified herein aze essential conditions of the Ageement. The CC1-971.doc Page 44 '"CC1 Contractor agrees that said Work shall be prosecuted regulazly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed, by and between the Contractor and the City, that the time(s) for completion of the Work described herein aze reasonable time(s) for the completion of the Work, taking into consideration the average climatic conditions prevailing in the locality of the Work. ]4.11.2. TIME IS OF THE ESSENCE TO THE AGREEMENT: It is further agreed that time is of the essence in completing the Work, and that the Project Work Schedule referenced at paragraph 6.9. and the Submittal Schedule referenced at paragraph 6.3. and all dates set forth therein and where m the Contract Documents, an additional time is allowed for the completion of the Work, the new time limit fixed by such extension shall be of the essence of the Contract. ]4.11.3. LIQUIDATED DAMAGES: Substantial Completion of the Construction Phase are 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 Liquidated 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 agrees 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 th the Construction of the project. In no event shall the total amount of liquidated damages exceed Twenty 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 fmal payment, it shall pay liquidated damages to the City the amounts equal to preparation cost of the As-Built drawings by the Ciry and its Engineers and Surveyors. 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 overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision, except the City, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, 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 requvement 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 parry 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 15.1 Ciry 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 11. Other Work suspensions such as delayed start or phased construction shall not entitle the Contractor to any compensation of payment or time. ""CC1 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 Banlvup[cy 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 similaz relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy 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 Contrnctor is appointed under applicable law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 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 m 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 disregazds Laws or Regulations of any public body havingjurisdiction; 15.2.8. If the Contractor disregards the authority of Architect; or, ] 5.2.9. If the Contractor otherwise violates m 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 al] 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 aze 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 fmished. If the unpaid balance of the Contract Price exceeds the duect, 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 to 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 Contractor, 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 CC1-971.doc Page 46 "CCt plus reasonable termination expenses. The provisions of this paragraph 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 disageements with the City. ARTICLE 16 -MISCELLANEOUS 16.1 Nondiscrimination During 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 inswe that applicants are employed, and that employees aze treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handi- capped, adisadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for paining, 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 nondiscr- imination clause. 16.1.2. The Contractor, with regard to the Work performed by it dwing 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 m the selection and retention of Subcontractors, including procwements of materials and leases of equipment. ]6.1.3. The contractor will, m all solicitations 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 mce, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or V iet 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 procwements 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 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. 16.1.5. The Contractor will send to each labor union or representative of workers, with which it has a collective bazgaining 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 fvm 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 Tune: 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 Satwday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.3.2. A consecutive calendaz day of twenty-fow hows measwed 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: "CC1 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 paragraph 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 Conttactor by the General Conditions, and all of the rights and remedies available to the City thereunder, are in addition to, and are not to be construed in 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, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Ageement. 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 Ciry. 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, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 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, duect or indirect, in 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 secwe this Agreement upon an agreement 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 Conttactor for the purpose of securing business. 16.7. L The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a pwchase request, influencing the content of any specification or procwement standard, rendering of advice, invesfigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particulaz 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 oY higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "an6-kickback" statutes or regulations. 16.8 Payments Subject to Annual Appropriations: If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Page 48 "CCt 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. 16.9 Contractor Acceptance: 16.9.1. The acceptance by the Contractor of any payment made on the final 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 Ciry under the provisions of these Contract Documents. 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 connection with this Contract unless such action shall be commenced within ]80 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. 16.11 Third Parties This Contract 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 of the City may assign this Agreement m 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. 16.72 Waiver 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. 16.13 Contract Made in Colorado The Parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 16.14 Attorney's Fees In the event that legal action is necessary to enforce any of the provisions of this Contract, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 16.15 Waiver of Presumption This Contract was negotiated and reviewed 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 negotiatio^, review or drafting of this Contract. .doc Page 49 16.16 Severabiliry Clause: If any provision of the Contract is subsequently declazed by legislative or judicial 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. 16.17 Audit and Records The Contractor shall maintain all data and records pertinent to the Work performed under this Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of three 3 nears from the date of fmal payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of the Contract Documents. The authorized representatives of the U.S. Deparhnent of Transportation, Comptroller General of the United States, the State of Colorado and the Ciry shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agees that it shall requve that any Subcontractor utilized in the performance of this Agreement shall permit the authorized representatives of the United States Department of Transportation, the State of Colorado, and the City, to similarly inspect and audit all data and records of said Subcontractors relating to the performance of said Subcontractors under this Agreement for the same time period. 16.18 Audit 16.18.1. COST OR PRICING DATA: If the Contractor 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 mazket prices of commercial 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 Contractor (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 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) yeazs after fmal 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 fmal 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) gc l -971 .doc Page 50 REVISION OF SECTION 106 CONTROL OF MATERL4L 106.03 Samples, Tests, Cited Specifications. All materials or the finished product in which Che materials are used, will be inspected and tested by the Contractor, or by others if specified in the Contract. The Contractor will furnish copies of test results that indicate out of specification material, to the Engineer, promptly as the test results become available. Acceptance will be based on the applicable requirements of the City of Aspen's Construction and Excavation Standards for Work in the Right of Way. Any work in which untested and uninspected materials are used shall be performed at the Contractor's risk and maybe considered as unacceptable and unauthorized work. Unless otherwise designated, when AASHTO, ASTM, or other specifications, standards, or policies are cited, the reference shall be to the latest edition as revised or updated by approved supplements or interim editions published and issued prior to the date of advertisement for bids. Sampling and testing will be done in accordance with the City of Aspen's minimum sampling, testing, and inspection schedule; the special notice to contractors; and the Colorado procedures; all contained in the Department's Field Materials Manual. Where the method of test is not cited, the applicable procedure shall be in accordance with the Standard AASHTO Method which was current on the date of advertisement for bids. Samples will be taken by the Contractor in accordance with AASHTO T 40; hot mix asphalt, in accordance with Colorado Procedure 41 and a composite of aggregates for hot bituminous mixtures, th accordance with Colorado Procedure 30. The Engineer will determine the sampling locations, and the samples shall be taken in the presence of the Engineer The Contractor may retain a split of each sample. All materials being used are subject to inspection and testing at any time prior to or during incorporation into the work. Tests will be made by and at the expense of the Contractor. BASIS OF PAYMENT 106.03 The accepted quantities will be paid for at the contract price for each of the pay items listed below that appeaz in the bid schedule. Payment will be made under: Pay Item Pay Unit Material Testing Lump Sum REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS This section is hereby removed and replace with the following: 202.01 This work includes the removal and disposal of the existing curb and gutter, sidewalk, pavement and any other structures and obstructions required to complete the construction of all improvements shown on the Drawings. The CONTRACTOR shall visit the site and determine the work required for this bid item. Materials removed and not designated in the Contract to be salvaged or incorporated into the work shall become the property of the CONTRACTOR. CC1-971.doc THE CITY OF ASPEN Engineering Department SPECIAL CONDITIONS -PART TWO TECHNICAL SPECIFICATIONS for 2009 Concrete Replacement and Pedestrian Improvement Project Project No. 2009-026 1.00 GENERAL. 1.01 The Special Conditions, Part Two, Technical Specifications, are intended to specify and provide additional description, clarification, or conditions that aze applicable to this Contract. 1.04 The Unit Bid Item: The cost for each Bid item listed in the Contractor's Proposal Form shall include the labor, equipment, materials, delivery, manufacturer's or supplier's certification testing, insurance(s), permits, licenses, construction surveying & Staking, preparation of As-Built plans as applicable, taxes, profit and overhead expenses, administration, clerical, secured storage, complete in-place installation, site restoration to original or better condition and cleanup to the satisfaction of the City Engineer. CC1-971.doc Page 51 "CC7 CONSTRUCTION REQUIREMENTS 202.02 General. The Contractor shall raze, remove, and dispose of all structures and obstructions which are identified on the project. Cavities left by structure removal shall be 511ed to the level of the surrounding Bound with suitable material and, if within the construction limits, shall be compacted in accordance with subsection 203.06. Where portions of structures are to be removed, the portions designated to remain shall be prepared to fit the new construction, and shall be protected from damage. All damage to structures designated to remain in place shall be repaired at the Contractor's expense. Method of repair shall be approved by the Engineer. The sawing of concrete and pavements shall be done cazefully, and all concrete or pavement to remain in place which is damaged, due to Contractor's operations, shall be removed and replaced at the Contractors expense. Concrete removed adjacent to asphalt pavements shall be sawcut along the abutting edge prior to removal in order to remove without damage to the pavement. The sawcut edge shall be protected and used as a form for the new concrete. The top edge of the replaced concrete section shall be straight and true without warping or vregulazity. In areas where the top of the sawcut asphalt will not provide a uniform straight edge, the CONTRACTOR shall use appropriate forms and or finishing techniques to reproduce a straight and uniform edge. Concrete placed that does not produce a straight and uniform edge shall be replaced at the CONTRACTOR'S expense. NOTE: Damage caused [o the edge of the pavement shall result in the assessment of pavement restoration for asphalt resurfacing per The City of Aspen Construction and Excavation Standazds. 202.03 Salvable Material. Bricks in the commercial core mall as designated by the Engineer or as otherwise noted on plans will be salvaged and become property of the City. 202.04 Signs. Removal of signs shall include removal of posts, footings, pedestals, sign panels, and brackets. Concrete adhering to salvable sign posts shall be removed. Removal of sign panel shall include removal of the panel and its attachment hardwaze from the existing installation and adjusting the spacing of the remaining panels. 202.07 Pavements, Sidewalks, Curbs. All concrete pavement, sidewalks, structures, curbs, gutters, etc., designated for removal, shall be disposed of in accordance with subsection 201.02. 202.08 Portions of structures. Where portions of existing structures lie wholly or in part within the limits of a new stmcture, they shall be removed as necessary to accommodate the construction of the proposed structure. Reinforcing steel projecting from the structure, designated to remain, shall be cleaned and aligned to the new construction. Requtred dowels shall be securely grouted with approved grout. When concrete is removed, all exposed reinforcing steel designated to remain in place shall be cleaned by sandblasting to sound steel free of oil, dirt, concrete fragments or laitance, loose rust scale, and other coatings that would destroy or inhibit the bond with the new concrete. Adequate measures shall be taken by the Contractor to protect the steel from contamination or corrosion. Reinforcing steel, contaminated as a result of the Contractor's failure to provide adequate protection, shall be re-sandblasted at the Contractor's expense with no allowance for contract time extension. A protective device shall be placed between the sandblasting operations and the traveling public. 202.09 Removal of Asphalt Mat. Prior to beginning asphalt removal, the Contractor shall have all removal areas approved by the Engineer. CC1-97t.doc Page 53 "CC1 METIIOD OF MEASUREMENT 202.11 The payment for the removal of specific items will be on a unit basis, measurement will be by the unit. Removal of asphalt mat will be measured by the azea m squaze yazds, completed to the required depth, and accepted. BASIS OF PAYMENT 202.12 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appeaz in the bid schedule. Payment shall be full compensation for sawing, removing, disposal, excavation and subsequent backfill, and salvage of materials removed, their custody, preservation, storage, and disposal as provided herein. Payment will be made under: Pay Item Pay Unit Removal of Curb and Gutter LF Removal of Asphalt Mat SY Removal of Concrete SY When the Contract does not include pay items for removal of structures and obstmctions, the removal will not be paid for sepazately but shall be included in the work. SECTION 210 RESET STRUCTURES This section is hereby removed and replace with the following: DESCRIPTION 210.01 This work consists of removing, relaying, resetting, or adjusting structures and related materials. All designated items shall be cazefully removed, and stored, reinstalled, or adjusted, in a manner that will avoid loss or damage. CONSTRUCTION REQUIREMENTS 210.02 General. Reset structures shall be cleaned of foreign material prior [o reinstallation. Except in azeas to be excavated, all holes resulting from the removal of structures shall be neatly backfilled. Methods shall conform to those required in the specifications for the vazious types of construction involved. Materials in good condition from removed structures may be re-used. Salvable material, as designated by the Engineer, that is not re-used shall remain the property of the Ciry, and the Contractor shall be held responsible for safekeeping of all materials until receipted by the Ciry. Materials damaged, stolen, or lost prior to receipt by the City shall be repaired or replaced, as determined by the Engineer, at no cost to the City. Unserviceable material, as determined by the Engineer, shall be replaced with new material of similaz dimensions, and the material costs will be paid for as provided in this section. All new materials and replacement parts shall conform to the requirements of the Contract for the appropriate items. 210.03 Light Post. Light posts shall be reset on new concrete foundation pads complete with conduit and wiring in accordance with the City of Aspen Standazds for Construction and Excavation in the Right of Way (sheets I and 2 ENG 213-T) 210.04 Landscape Materials. This work shall include, but not be limited to, providing/replacingpiant materials, modifying/replacing irrigation systems, sodding of gasses, relocating/replacingfiower beds, resetting boulders, replacing mulch and edging. CC1-971.doc Page 54 °CC7 210.06 Mailbox. Mailboxes complete with supporting structures are to be removed and temporarily reset at points neaz then original location to be accessible for mail delivery service. Upon completion of surfacing opemtions, the boxes shall again be reset at the locations designated. 210.07 Ground Sign. Signs and posts designated to be reset shall be removed, cleaned, and reset at designated locations, including all work necessary to provide the existing posts with break-away devices, where required. 210.10 Adjust Structure. Adjusting structures shall apply, but not be limited to, manhole rings and covers, inlet gratings and frames, water valve boxes, water meters, gate posts, and other structures and facilities. Construction opemtions shall consist of raising, lowering, moving, or removing masonry or concrete; adding brick-work, masonry, or concrete; and resetting gates, frames, or rings and covers to fit the new construction. Structures in the traveled roadway shall be adjusted to a tolerance of 0 to 3/8 inch below the surface of the roadway. Work on water services shall be subject to inspection and testing by the owners. Damage to any fire hydrant or any part of the water system by the Contractor shall be repaired at the Contractor's expense. METHOD OF MEASUREMENT 210.12 The quantity to be measured where items aze reset or adjusted on an "each" basis shall be the actual number of those items restored for service at new location, completed and accepted. Resetting of structures and related materials shall include all work necessary to remove the items from their existing location to the new location, and shall include all mounting hardware, footings, and all other work necessary to complete the reset item. BASIS OF PAYMENT 210.13 The accepted quantities, measured as provided above, will be paid for at the contract price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Reset Inlet Each Reset Light Post Each Collars and connecting devices will not be measured and paid for separately but shall be included in the work. Resetting Mailbox Structures are incidental to the project and shall be included in the work. Landscape Materials: The resetting and modification of existing landscape, structures and irrigation as are incidental to the project and shall be included in the work. Page 55 SECTION 400 PAVEMENTS SECTION 401 PLANT MIX PAVEMENTS-GENERAL DESCRH'TION 401.01 These specifications include general requirements that are applicable to all types of hot mix asphalts irrespective of gradation of aggregate, kind and quantity of asphalt cement, or pavement use. Deviations from these general requirements will be indicated in the specific requirements for each type. This work consists of one or more courses of bituminous mixture constructed on a prepared foundation in accordance with these specifications and the specific requirements of the type under contract, and in conformity with the lines, grades, thicknesses, and typical cross sections shown on the plans or established. MATERIALS 401.02 Composition of Mixtures. The bituminous plant mix shall be composed of a mixture of aggregate, filler or additives if required and approved, asphalt cement, and reclaimed material if permitted and used. (a) Mix Design. The Contractor shall submit the following to the Engineer: (1) A proposed hot mix asphalt mix design, including a proposedjob-mix gradation for each mixture required by the Contract which shall be wholly within the Master Range Table in Section 703 before the tolerances shown in Section 401 are applied. The weight of lime shall be included in the total weight of the material passing the 75 µm (No. 200) sieve. (2) The name of the refinery supplying the asphalt cement and the source of the anti-stripping additive. (b) Mixtures Furnished to the Project. After the job-mix formula is established, all mixtures famished for the project shall conform thereto within the ranges of tolerances listed in Table 401-1 Table 401-1 Asphalt Content f0.3% Asphalt Recycling Agent f0.2% Temperature of Mixture When Dischazged from Mixer f20 °F Hot Mix Asphalt -Item 403 z Passing the 9.5 mm (s/sinch) and lazger sieves ±6% z Passing the 4.75 mm {No. 4) and 2.36 mm (No. 8 sieves) ±5% z Passing the 600 µm (No. 30) sieve ±4% z Passing the 75 µm (No. 200) sieve ±2% i When 100% passing is designated, there shall be no tolerance. When 90-100% passing is designated, 90% shall be the minimum; no tolerance shall be used. z These tolerances apply to the Contractor's puality Control Testing. 401.03 Aggregates. Aggregates shall meet the applicable requirements of Section 703 -Aggregates. Aggegate gradation will be SX. 401.04 Mineral Filler. Mineral filler shall meet the requirements of subsection 703.06. 401.05 Hydrated Lime. Hydrated lime shall meet the requirements of subsection 712.03. 401.06 Asphalt Cements. PG binder requirements will be Type PG 68-22 The asphalt cement shall meet the applicable requirements of Section 702-Asphalt Cements. CCt-971.doc Page 56 "CC1 - CONSTRUCTION REQUHtEMENTS 401.07 Weather Limitations and Placement Temperatures. Hot mix asphalt shall be placed only on properly prepared unfrozen surfaces which aze free of water, snow, and ice. The hot mix asphalt shall be placed only when both the air and surface temperatures equal or exceed the temperatwes specified in Table 401-3 and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Table 401.-3 PLACEMENT TEMPERATURE LIMITATIONS IN °E Compacted Layer Minimum Surface and Air Temperature °F Thickness in inches Layers Below Top Layer Top Layer q /~ 60 50 ly,_<3 50 40 3 or more 45 35 Note: Air temperatwe is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. If the temperature falls below the minimum air or swface temperatures, paving shall stop. The Contractor shall schedule the work so that no removed swface is left without resurfacing for more than one calendaz day. The Contractor shall immediately place a temporary hot mix asphalt layer on any surface that has been removed and can not be resurfaced in accordance with the above temperatwe requirements within ten calendaz days after being removed. The Contractor shall maintain the temporary layer for the entire period that it is open to traffic. Distress which affects [he ride, safety, or serviceability of the temporary layer shall be immediately corrected to the satisfaction of the Engineer. The temporary hot mix asphalt layer shall be removed when work resumes. 401.08 Bituminous Mixing Plant. The bituminous mixing plant shall be capable of producing a uniform material, have adequate capacity, and be maintained in good mechanical condition. Defective parts shall be replaced or repaired immediately if they adversely affect the proper functioning of the plant or plant units, or adversely affect the quality of the hot bituminous plant mix. Dust, smoke, or other contaminants shall be controlled at the plant site to meet all air quality requrements in accordance with the Colorado Department of Public Health and Environment. Hot bituminous plant mix shall not be stored longer than nine hours, unless additional protective measwes aze used and approved. 401.09 Hauling Equipment. All vehicles and equipment used on site will be properly maintained such that the engines will function within manufactwe's standards or parameters. Emissions from diesel engines operated within the City of Aspen shall be of a shade or density no darker than 40% opacity, except for starting motion no longer than 10 seconds or for stationary operation not exceeding 10 seconds. Trucks used for hauling bituminous mixtwes shall have tight, clean, smooth metal beds thinly coated with a minimum amount of paraffin oil, lime solution, or other approved release agent. Petroleum distillates such as kerosene or fuel oil will not be permitted. Each truck shall have a cover of canvas or other suitable material to protect the mixtwe from the weather. 401.10 Bituminous Pavers. Self-propelled bituminous pavers shall be provided and equipped with an activated screed assembly, heated if necessary, capable of spreading and fmishing the bituminous plant mix material in lane widths applicable to the typical section and thicknesses shown m the Contract. Pavers used for patching shall be capable of spreading and finishing cowses of asphalt plant mix material in widths shown in the Contract. Pavers shall be in good working conditions and property maintained with no fuel or hydraulic leaks. The payer's receiving hopper shall have sufficient capacity for a uniform spreading operation and shall have an automatic distribution system that will place the mixture uniformly in front of the screed. "CCt The screed or strike-off assembly shall produce the specified finished surface without tearing, shoving, or gouging the mixture. The paver shall be capable of operating at forward speeds consistent with uniform and continuous laying of the mixture. Stop and go operations of the paver shall be avoided. The bituminous paver shall be equipped with a means of preventing the segregation of the coazse aggregate particles from the remainder of the bituminous plant mix when that mix is carried from the paver hopper back to the paver augers. The means and methods used shall be approved by the paver manufacturer and may consist of chain curtains, deflector plates, or other such devices and any combination of these. Prior to the star[ of using the paver for placing plant mix, the Contractor shall submit for approval a full description in writing of the means and methodologies that will be used to prevent bituminous paver segregation. Use of the paver shall not commence prior to receiving approval from the Engineer. The controls shall be capable of maintaining the screed at the specified transverse slope within plus or minus 0.1 percent. If the Contractor fails to obtain and maintain the specified surface tolerances, or quality standards the paving operations shall be suspended until satisfactory corrections, repairs, or equipment replacements are made. 401.11 Tack Coat. When ordered by the Engineer tack coat shall be applied between pavement courses. 401.12 Surface Conditioning. Irregularities in the existing pavement or base shall be brought to uniform Bade and cross section. Prior to placing tack coat and beginning overlay work, the surface to be tack coated shall be swept to remove accumulations of loose gravel and debris. Bituminous plant mix shall be placed only on properly constructed surfaces that are free from substances that would adversely affect the pavement quality. Contact surfaces of curbing, gutters, manholes, and other structures shall be painted with a uniform coating of asphalt cement prior to placing bituminous mixture against them. 401.15 Mixing. The dried aggregates and asphalt shall be combined in the mixer in the quantities required to meet the job-mix formula. The materials shall be mixed until the aggregate is completely and uniformly coated, and the asphalt is uniformly distributed throughout the aggregate. The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as shown in Table 401-5: Table 401-5 Asphalt Grade Minimum Mix Discharge Minimum Delivered Temperature, °F* Mix Temperature, °F** PG 58-28 275 235 PG 64-22 290 235 PG 76-28 320 280 PG 64-28 320 280 PG 58-34 300 280 * The maximum mix discharge temperature shall not exceed the minimum discharge temperature by mere than 30 °F . ** Delivered mix temperature shall be measured behind the paver screed. Hot-mix asphalt mixture shall be produced at the lowest temperature within the specified temperature range that produces a workable mix and provides for uniform coating of aggregates (95 percent minimum in accordance with AASHTO T 195), and that allows the required compaction to be achieved. CC1-971.doc Page 56 "CC1 401.16 Spreading and Finishing. Bituminous pavers shall be used to distribute the mixture to the established grade and requved thickmess over the entire width or partial width as practicable. The longitudinal joint in both a new pavement and an overlay pavement layer shall offset the joint in the layer immediately below by 6 inches. In every pavement layer, thejoints shall not be constructed in the wheel paths. The Contractor shall submit a longitudinal joint plan three days prior to the Pre-Paving meeting. The plan shall show the ]ocation and configuration of the proposed longitudinal joints and shall detail the methods to be used to field establish a control line. The Contractor shall use a continuous string line to delineate every longitudinal joint during paving operations. All exposed string line shall be picked up and disposed of at the end of each day's paving. Paving shall not commence until the plan has been approved in writing by the Engineer. The joints in the top layer of pavement shall be offset 6 to 12 inches from the center of pavement and from the outside edge of travel lanes unless otherwise approved in writing by the Engineer. Longitudinal joints shall not cross the centerline, lane line, or edge line unless approved by the Engineer. On aeeas where the use of mechanical spreading and fmishing equipment is impracticable, the mixture shall be dumped, spread, raked, screeded, and lured by hand tools to the required compacted thickness and grades. Production of the mixture shall be maintained so pavers can be used in echelon to place the wearing course in adjacent lanes The bituminous mixture shall be transported and placed on the roadway without segegation. All segregated areas behind the paver shall be removed immediately upondiscovery. The segregated material shall be replaced with specification material before the initial rolling has taken place. If more than 50 square feet of segegated pavement is ordered removed and replaced in any continuous 150 linear feet of paver width laydown, operations shall be discontinued until the source of the segregation has been found and corrected. Segregated areas shall be removed and replaced, full lane width, at the Contractor's expense. 401.17 Compaction. The hot mix asphalt shall be compacted by rolling. Both steel wheel and pneumatic fire rollers will be required. The number, weight, and type of rollers famished shall be sufficient to obtain the requtred density while the mixture is in a workable condition. Compaction shall begin immediately after the mixture is placed and be continuous until the required density is obtained. When the mixture contains unmodified asphalt cement (PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 185 °F, further compaction effort shall not be applied unless approved. If the mixture wntains modified asphalt cement (PG76-28 or PG 64-28) and the surface temperature falls below 230 °F, further compaction effort shall not be applied unless approved. All roller marks shall be removed with the fmish rolling. Use of vibratory rollers with the vibrator on will not be permitted during surface course final rolling. Pavement shall be compacted to a density of 92 to 96 percent of the maximum theoretical density, determined according to CP 51. Field density determinations will be made m accordance with CP 44 or 81. Along forms, curbs, headers, walls, and al] other places not accessible to the rollers, the mixture shall be thoroughly compacted with mechanical tampers. Any mixture that becomes loose and broken, mixed with dirt, or is in any way defective, shall be immediately removed and replaced with fresh hot mixture, and compacted to conform with the surrounding azea. 401.18 Joints. Placing of the HMA paving shall be continuous, and rollers shall not pass over the unprotected end of a freshly laid mixture. Transverse joints shall be formed by cutting back on the previous run to expose the full depth of the course. A coat of asphalt cement shall be applied to contact surfaces of all joints just before additional mixture is placed against the previously compacted material. Location and configuration of longitudinal joints shall be in accordance with subsection 401.16. 401.20 Surface Smoothness. The roadway surface smoothness shall be tested in accordance with the City's Construction and Excavation Standazds. Upon completion of the permanent patch, the surface shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, or irzegularities. When a straightedge ten feet (10') long is laid across the permanent patch "CC1 parallel to the centerline of the street and m a dvection transverse to the centerline, the surface shall not vary more than 1/4 inch from the lower edge of the straight edge. Patches exhibiting deviations greater than 1/4 inch shall be replaced prior to acceptance of the patch. If the existing street exceeds the above tolerances, then the patch shall be equal or better than the condition of the surrounding pavement. In most cases, and particularly in the cases of extensive excavation and repairs, it is desirable to survey the existing pavement condition with a representative of the city prior to the work. After completion of the work, survey the pavement condition again to verify that the pavement condition has been maintained or improved. In the case of minor repairs, these pavement surveys can be made by visual observation. The final paved surface shall be flush with or no higher than 3/8 inch above the surface of the concrete gutter at the outside edge of the new pavement. For median spt71 curbs, the final paved surface shall be flush with or no lower than 3/8 inch below the surface of the gutter Corrective measures required to meet this tolerance shall be subject to approval from the CITY and at the cost of the CONTRACTOR. METHOD OF MEASUREMENT 401.21 Hot mix asphalt will be measured by the Square Yazd at a depth of 5 inches, (CDOT S or SX mix 3 inch base layer and a 2 inch top layer) Hot mix asphalt patch will be measured by the square yard at a 9 inch depth. The asphalt patch shall extent 2 feet from the gutter /pan line for the length of the concrete replacement. If patch exceeds this width from the gutter /pan line contractor must patch the entire lane. The additional feet of patch will not be paid for separately but will be installed at the contractor's expense. All work associated with Hot Bituminous Pavement, including preparatory work, tack coat, materials, labor, equipment and incidentals will be paid for as Hot Bituminous Pavement. Such payment shall be considered full compensation for all work necessary to complete this item in acwrdance with the specifications. BASIS OF PAYMENT 401.22 All work performed and measured as described above will be paid for as provided in the respective sections for each type specified. if there is no pay item for asphalt cement of the type specified it will not be measured and paid for separately but shall be included m the work. Facilities for testing hot bituminous plant mix at the site of the commercial plant will not be paid for separately, but shall be included in the work. Traffic control for this work will be paid for in accordance with the contract. All costs of the temporary hot mix asphalt layer required according to subsection 401.07, maintenance and removal of the temporary pavement layer, temporary pavement marking, and traffic control will not be paid for separately, but shall be included in the work. CC7-971.tloc Page 60 "CC1 SECTION 403 HOT MIX ASPHALT DESCRIPTION 403.01 This work consists of constructing one or more cowses of hot mix asphalt (HMA) pavement on a prepared base in accordance with these specifications, and in conformity with the lines, grades, thicknesses, and typical cross sections shown on the plans or established. The HMA pavement shall be composed of a mixture of aggregate, filler if required, and asphalt cement. Hot Mix Asphalt (Patching) consists of those quantities required for the replacement of unstable corrugated azeas in the existing pavement, pipe trenches, areas removed for cwb & gutter forms, areas between the cwb & gutter or sidewalk and the existing paved pazking lots, and areas designated on the plans. These quantities will be restricted to azeas up to 4 feet in width. Small areas may require hand placement methods and where conventional paving equipment can not be utilized. MATERIALS 403.02 The materials shall conform to the requirements of subsections 401.02 through 401.06. CONSTRUCTION REQUHtEMENTS 403.03 The construction requirements shall be as prescribed in subsections 401.07 through 401.20. Areas to be patched shall be saw cut, excavated and squazed to a neat line, leaving the sides of the excavation vertical. Prior to placement of the patch the exposed sides of the existing pavement shall be thoroughly coated with Emulsified Asphalt (slow- setting). Hot mix asphalt shall then be placed and compacted io succeeding layers not to exceed 3 inches in depth. Cleaning tools and equipment used for HMA placement is not allowed on the pavement surface. Cleaning of tools near streams, ponds, drainage structures or other areas that aze tributaries to waterways is strictly prohibited If possible, remove solid pieces of asphalt by scraping or other mechanical means prior to application of a cleaning agent. If a petroleum product is used for cleaning contain all liquid products dwing cleaning operations using tarpaulins, sand pads, pails, or other collection methods to prevent spillage or accidental release. Use hand sprayers or other similar devices to minimize the amount of petroleum product applied. Properly dispose of sand and collected petroleum products as petroleum contaminated soil. Dispose solid, dry asphalt fragments as exempt construction and demolition waste. METHOD OF MEASUREMENT 403.04 Hot mix asphalt will be measured as prescribed in subsection 401.21. BASIS OF PAYMENT 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per square yard for the bituminous mixture. Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Grading) SY Hot Mix Asphalt (Grading) SY Hot Mix Asphalt (Grading) Patching 9" depth SY Aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for sepazately but shall be included in the unit price bid. Excavation, prepazation, and tack coat of azeas to be patched will not be measwed and paid for sepazately, but shall be included in the work. CC1-971.doc Page 61 SECTION 411 BITUMINOUS MATERIALS DESCRIPTION 411.01 This work consists of furnishing bituminous materials of all types and the application of these materials in accordance with these specifications and details shown on the plans. MATERIALS 411.02 All bituminous materials shall conform to the requirements of Section 702. The type and grade of bituminous material will be specified in the Contract. CONSTRUCTION REQUIREMENTS 411.03 Bituminous materials shall be fortified when requued by the Contract with an additive of an approved type. Additive shall be uniformly blended with bituminous materials at the refinery, or through an approved in-line blender as specified in the Contract. Asphaltic application methods which result in the discoloration of concrete structures, concrete curbs, and concrete gutters will not be permitted. Coatings shall be applied so as to cause the least inconvenience to traffic and to permit one-way traffic. Traffic will be permitted to travel on fresh bituminous material when it can be accomplished without pickup or tracking of the bituminous material. Asphaltic materials used as fuel or lubricant shall be stored separately. Emulsified asphalt for tack coat shall be diluted before use as shown in the Contract or as directed. METHOD OF MEASUREMENT AND BASIS OF PAYMENT 411.04 Asphalt cement will be not be measured and paid for sepazately but shall be included in the work. CCt-971.doc Page 62 SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT DESCRIPTION 412.01 This work consists of constructing a pavement composed of portland cement concrete on a prepazed subgade or base course m accordance with these specifications and in conformity with the lines, grades, thicknesses, and typical cross sections shown on the plans or established. MATERIALS 412.02 Materials shall meet the requirements of the following subsections: Fine Aggregate Coazse Aggregate Portland Cement Fly Ash Water Air Entraining Admixtures Joint Sealant with Backer Rod Curing Materials Reinforcing Steel Chemical Admixtures Dowel Bazs and Tie Bars 703.01 703.02 701.01 701.02 712.01 711.02 705.01 711.01 709.01 711.03 709.03 CONSTRUCTION REQUIREMENTS 412.03 Classification. Concrete shall conform to the requirements for Class B for sidewalks, unless it is fast track concrete pavement, which shall conform to the requirements for Class E concrete as specified in Section 601. 412.04 Proportioning. Proportioning shall conform to the requirements of subsection 601.05. 412.05 Batching. Batching shall conform to the requirements of subsection 601.06. 412.06 Mixing. Miring shall conform to the requirements of subsection 601.07. 412.07 Equipment. Equipment and tools shall be capable of handling materials, performing the work, producing a product of specified gaaliry, and shall be approved. The equipment shall be at the job site sufficiently ahead of the start of paving operations to be examined and approved. 412.08 Preparation of Subgrade. After the subgade has been graded and compacted, the subgade shall be trimmed to the correct elevation and slope. The subbase or base course shall be brought to the specified cross section. The finished Bade shall be maintained in a smooth and compacted condition until the pavement is placed. Untreated subgade or base course shall be uniformly moist during concrete placement. If it becomes too dry, the untreated subgade or base course shall be sprinkled without forming mud or pools of water. 412.09 Limitations of Placing Concrete. Limitations on the placing of concrete shall conform to subsections 601.12 (b) and (c), and 412.15. 412.10 Placing Concrete. The concrete shall be uniformly deposited on the grade in such a manner as to require as little rehandling as possible. Concrete shall be deposited as near to expansion and contraction joints as possible without disturbing them, but shall not be dumped from the discharge bucket or hopper onto a joint assembly unless the discharge is well centered on the joint assembly. Necessary hand spreading shall be done with Shovels, not rakes. CC1-971.doc Page 63 "CC1 Workers shall not walk-in freshly mixed concrete with footweaz coated with earth or foreign substances. All footprints in the fresh concrete shall be vibrated and finished flush with the adjacent surface. Following placement, the concrete shall be struck off to conform to the cross section shown on the plans and to an elevation such that when the concrete is properly consolidated and finished, the surface of the pavement will be at the elevation shown on the plans or established. 412.11 Test Specimens. The Contractor shall furnish the concrete necessary for casting test cylinders and performing air and slump tests. 412.12 Finishing. The sequence of operations shall be strike-off and consolidation, floating and final surface finish. The Contractor shall not add water to the surface of the concrete to assist in finishing operations. The use of water and/or any evaporative retardant product to aid in finishing will result in rejection of the concrete placed for that day. If such practice is witnesses again by the City after the initial infraction, the City will reject that day's concrete and assigtt adequate inspection personnel to witness the placement and finishing of subsequent concrete pours until such time that the City determines the abuse will not continue. The cost of the additional inspection personnel will be borne solely by the contractor from the concrete pay item billed for work done with the additional inspection personnel. The surface shall be finished to a uniform textwe, true to grade and cross section, and free from porous areas. When the finishing machine (either form or slip form) or hand finishing method, leaves a surface that is not acceptable, the operation shall stop and corrective action shall be taken. Inability of the finish machine to provide an acceptable surface finish, after corrective action, will be cause for requving replacement of the finish machine. Wastewater generated from concrete finishing operations shall be contained and disposed of m accordance with subsection 107.25. A Storm Water Pollution Prevention Plan shall be completed along with the CMP, according to Colorado Department of Public Health and Environment Water Quality Control Division General Permit Part IB. The main objective of the storm water management plan shall be to identify Best Management Practices, which will minimize erosion and sediment transport. In addition to the Colorado Discharge Service Permit (the program) requirements, the following apply: 1. Stock piles must be protected with erosion control devices. 2. Mud tracking ramps (rock construction entrances) are required and implemented per the most current version of the Colorado Department of Transportation M&S construction standards. 3. Onsite concrete and fve washout stations are required. Location and operation procedures shall be described th Plan. 4. City inlets, gutters, swales and irrigation ditches shall be protected with erosion control devices and such projection maintained for the duration of the project. 5. A description of procedures used to protect and maintain in good and effective operating condition the erosion sediment control measures until final stabilization is required. Onsite sediment and erosion control operations shall be managed by a state certified erosion control supervisor. (a) Hand Finishing. Hand finished concrete shall be swck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the slab to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. (b) Floating. Hand floating will be permitted only as specified in subsection 412.12(a) above. Floats made of aluminum shall not be used. (c) Final Finish. Shall conform to subsection 608.03(b) 412.13 Joints. Joints shall be constructed of the type, dimensions, and at locations required by the Contract. Immediately after sawing, the sawed joints shall be flushed with water to remove any saw residue, and the saw residue shall be completely removed from the surface of the pavement. This residue shall be removed by approved methods. All equipment other than saws shall be kept off the pavement until the sawing and sealing are complete. doc After the proper cwing period, the sawed joint shall be thoroughly cleaned and immediately sealed in accordance with subsection 412. ] 8. (a) Construction Joints. Construction joints shall be slightly tooled while the concrete is plastic and later sawed to the dimensions specified in the Contract. The tooling shall not exceed the width of the sawed joint at any point. Sidewalk joints shall conform to subsection 608.03(e). (b) Transverse Construction Joints. Transverse constructionjoints shall be constructed as specified in the Contract. Transverse construction joints shall be constructed when the concrete placement is interrupted for more than 30 minutes and initial set is imminent. No transverse joint shall be constructed within 2 feet of another transverse joint If sufficient concrete has not been mixed at the time of interruption to form a slab at least 2 feet long, the concrete back to the preceding joint shall be removed and the bulkhead placed in accordance with the requirements for a standazd transverse contraction joint. Transverse construction joints shall be placed at the end of each day's placement (c) Expansion Joints. Preformed joint filler expansion joints shall be constructed at all existing or proposed structwes and featwes projecting through, into, or against the pavement and at other locations specified in the Contract. Sidewalk joints shall conform to subsection 608.03(e). 412.14 Curing. Immediately after the finishing operations have been completed the entire surface, including exposed sides of the newly placed concrete, shall be sprayed uniformly with an impervious membrane cwing compound. The impervious membrane curing compound shall meet the requirements of AASHTO M 148, Type 2 and shall be volatile organic content (VOC) compliant. The concrete shall not be left exposed for more than 30 minutes before being covered with curing compound Failwe to cover the surface of the concrete within 30 minutes shall be cause for immediate suspension of the paving operations. Cwing compound shall be applied under presswe by mechanical sprayers at the rate of not less than 1 gallon per 150 square feet of pavement surface. Cwing compound maybe applied in two passes, one forward and one backward. The spraying equipment shall be fully atomized, equipped with a tank agitator, and a wind guazd. Dwing application, the compound shall be in a thoroughly mixed condition with the pigment uniformly dispersed throughout the vehicle and the compound shall be stirred continuously by effective mechanical means. Hand spraying of irregulaz widths or shapes and surfaces exposed by removal of forms will be permitted. Curing compounds shall not be applied to the inside faces of joints to be sealed. Should the cwing film become damaged from any cause, within 72 hows after application, the damaged portions shall be repaired immediately with additional compound. The sides of pavement slabs shall be immediately sprayed with curing compound when the forms are removed. In addition, for Class E concrete, curing blankets with a minimum R-value of 0.5 shall be provided and shall be placed as soon as they can be placed without marring the surface. 412.15 Cold Weather Concrete Paving. The Contractor is responsible for the strength and quality of the concrete placed dwing cold weather. Before starting paving operations, the Contractor shall be prepared to protect the concrete from freezing. 412.16 Repair of Defective Concrete Pavement. Defective concrete pavement shall be repaired or replaced at the Contractor's expense. This corrective work shall be accomplished prior to joint sealing and fma] smoothness measwement. Defective concrete pavement replaced after smoothness measwement shall be retested for final smoothness. The Contractor's corrective work plan shall be approved prior to performing the work. 412.17 Surface Smoothness. The surface smoothness vaziations of concrete swface shall not exceed 1/8 inch th ten feet (10') 412.18 Sealing joints. Before installation of the backer rod or sealant, the following shall be completed: (1) Repair of defective pavement slabs and repair and proper cwing of cracks or spans in accordance with subsection 412.16. (3) Corrective work for pavement smoothness. CC1-971.doc Page 65 "CCt A copy of the manufactwer's recommendations pertaining to the storage, heating and application of the sealant shall be submitted to the Engineer prior to commencing work. These recommendations shall be adhered to by the Contractor, with such exceptions as required by these specifications. The Contractor shall cut the transverse and longitudinal joints to the width and depth required. The cut shall be made with a power drive saw equipped with diamond blades. The residue from sawing shall be removed from the pavement by the Contractor The material shall be removed at the time of the sawing operation. Any damage to the concrete pavement such as spalling or fractwing shall be repaired by the Contractor as directed by the Engineer at no cost to the project. Sawing residue shall be immediately removed from all joints. Cleaning, repairing, and proper curing of all spans, fractures, breaks, and voids in the concrete surface of thejoints shall be accomplished prior to installing the backer rod material orjoint sealant. The backer rod shall be placed in such a manner that the grade for the proper depth of the seal material is maintained. The Contractor shall thoroughly clean thejoint and adjacent pavement for a width of at ]east 1 inch on each side of thejoint of all scale, dirt, dust, residue, and other foreign material that will prevent bonding of the joint sealant. This operation is to be accomplished by sandblasting orjet water-blasting on the same day as the joint sealing operation. Immediately prior to the placement of backer rod material and sealant, the joints shall be cleaned using a minimum of 100 psi of compressed air. Work shall be stopped when and if it is found that there is oil or moistwe in the compressed air. Work shall not resume until oil and moistwe are removed from the compressed air. Sealant shall not be placed unless the swfaces of the joint and the pavement aze dry, and the weather is dry. Joint sealing will not be allowed when the air or surface temperature falls below 50 CF. Manufactwer's recommendations shall be followed if a higher temperature is recommended. Sealant shall not be placed prior to expiration of the sealant manufacturer's recommended concrete pavement caving period, if any. The Contractor shall not place the sealant if there is dust, moisture, oil, or foreign material on that portion of the concrete that is to receive the backer rod or sealant. The Contractor shall prevent smearing of the joint sealant material onto the concrete pavement driving surface. Smeazedjoint sealant shall be removed from the pavement before it is opened to traffic. Sealing shall be completed before opening the pavement to traffic, unless otherwise specified or approved. 412.19 Construction by Form Method. Straight side forms shall be made of a metal having a thickness of not less than ~/3z inch and shall be famished m sections not less than ] 0 feet in length. Forms shall have a depth equal to or greater than the specified edge thickness of the concrete, without horizontal joint, and a base width equal to or Beater than the depth of the forms. Top swface of the forms shall be set flush with the proposed concrete surface. Flexible or curved forms of proper radius shall be used for curves of 100 feet radius or less. Flexible or curved fomts shall be of a design acceptable to the Engineer. Forms shall be provided with adequate devices for secwe setting so that when in place they will withstand, without visible spring or settlement, the impact and vibration of the consolidating and fmishing equipment. Flange braces shall extend outward on the base not less than z/3 the height of the form. Forms with battered top surfaces, and forms that are bent, twisted, or broken shall not be used. Repaired forms shall not be used until inspected and approved. The top face of the form shall not vary from a tnte plane by more than Js inch in 10 feet, and the vertical leg shall not vary more than '/. inch from vertical. The forms shall contain provisions for locking the ends of abutting form sections together tightly, and for secwe setting. (a) Setting Forms. The foundation under the forms shall be compacted tme to grade so that the form, when set, will be firmly in contact for its whole length and at the specified grade. The subbase shall be prepared in accordance with subsection 412.08; however, where the grade at the form line is found to be below specified grade it shall be filled and thoroughly compacted to specified grade with granulaz material in lifts of/z inch or less. Imperfections or variations above grade shall be corrected by tamping or by trimming as necessary. Forms shall be set sufficiently in advance of concrete placement to provide time for the Engineer to check the line and grade and allow a continuous concrete placement operation. Forms shall be staked in place and free from play or ss ~•cct movement in any direction. The forms shall not deviate from true line by more than'/, inch at any point. No excessive settlement or springing of the forms will be tolerated. Forms shall be cleaned and coated with a form release agent or oiled prior to placement of concrete. The alignment and grade elevations of the forms shall be checked and corrections made by the Contractor immediately before concrete placement. When any form has been disturbed or any grade has become unstable, the form shall be reset and rechecked. (b) Removing Forms. Unless otherwise provided, forms shall not be removed from freshly placed concrete until the concrete is strong enough to withstand damage when the forms are removed. After the forms have been removed, the sides of the slab shall be cured in accordance with subsection 412.14. 412.22 Opening to Traffic. The Engineer will determine when the pavement shall be opened to traffic; otherwise the pavement shall not be opened to traffic until 14 days. after the concrete was placed or the concrete has achieved a compressive strength of 3000 psi. Prior to opening the pavement to traffic the roadway shall be cleaned, as approved. Pavements placed with Class E concrete may be opened to traffic when the concrete has reached a maturity value that indicates the concrete has a compressive strength of at least 2500 psi as determined by ASTM C 1074 as modified in subsection 601.05. METHOD OF MEASUREMENT 412.23 The quantities of Concrete Pavement, and Place Concrete Pavement to be paid for under these items will be the number of square yazds completed and accepted. The width for measurement will be the width of the pavement shown on the typical cross section of the plans, including additional widening where called for, or as otherwise directed by the Engineer in writing. The length will be measured horizontally along the centerline. Reinforcement, dowels, tie bars and otherjoint material, will not be measured but will be included in the unit price. BASIS OF PAYMENT 412.24 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Concrete Pavement(Inch) Pay Unit Square Yard The price per square yard of Concrete Pavement shall be full compensation for furnishing and placing all materials, including any rebaz, dowels, tie bars, joint materials, sawing, and fmishing. Page 67 SECTION 601 STRUCTURAL CONCRETE DESCRIPTION 601.01 This work consists of furnishing and placing portland cement concrete in accordance with these specifications and in conformity with the lines, grades and dimensions as shown on the plans or established. This work includes preparing concrete surfaces designated in the Contract and applying an approved colored Structural Concrete Coating to them. 601.02 Classification. The classes of concrete shown in Table 601-1 shall be used when specified in the Contract. Table 601-1 CONCRETE TABLE Concrete Required Field Class Compressive Strength B 3000 psi at 28 days E 4200 psi at 28 days Cement Air Content Minimum or Range Maximum Range (Total) 565 lbs./cu. yd. 660 lbs./cu. yd. Water Content Percent Cement Ratio: or Range 5-8N'A 4 - 8 0.44 Class B concrete is an air entrained concrete for general use. Class D or H concrete maybe substituted for Class B concrete. Additional requirements for Class B concrete are: Class B concrete shall have a nominal coarse aggregate size of 37.5 mm (1'/z inches) or smaller. Approved fly ash may be substituted for portland cement up to a maximum of 20 percent Class C or 30 percent Class F by weight. Class E concrete maybe used for fast track pavements needing early strength in order to open a pavement to service soon after placement. Additional requirements for Class E concrete are: Type 111 cement may be used. Class E concrete shall contain a minimum of 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints are doweled, then Class E concrete shall contain a minimum of 55 percent AASHTO M 43 sizes No. 57, No. 67, No. 357, or No. 467 coarse aggregate. In addition to the compressive strength requirements in Table 601- 1 and unless stated otherwise on the plans, Class E concrete shall achieve a field compressive strength of 2500 psi within 12 hours. Laboratory trial mix for Class E concrete must produce an average 28 day flexural strength of at least 650 psi. Approved fly ash may be substimted for portland cement up to a maximum of 30 percent Class F by weight. MATERIALS 601.03 Materials shall meet the requirements specified in the following subsections: Fine Aggregate 703.01 Coarse Aggegate 703.02 Portland Cement 701.01 Fly Ash 701.02 Water 712.01 Air Entraining Admixture 711.02 Chemical Admixtures 711.03 Curing Materials 711.01 Preformed Joint Material 705.01 Reinforcing Steel 709.01 Bearing Materials 705.06 Epoxy 712.10 Structural Concrete Coating 708.08 Type 1 or II cement shall be used unless high early strength concrete or sulfate resisting concrete is called for on the plans or as otherwise permitted. Silica fume admixture shall conform to the requirements of subsection 701.03. Calcium chloride shall not be used in any concrete unless otherwise specified. CCi-971.doc Page 68 "CC1 CONSTRUCTION REQUIREMENTS 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design Report consisting of design mix proportions, laboratory trial mix and aggregate data for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design cannot be approved when the laboratory trial mix and aggregate data aze the results from tests performed more than a year in the past. The design mix proportions shall show the weights and sowces of all ingredients including cement, fly ash, aggregates, water, additives and the water cement ratio (w/c). When determining the w/c, cement (c) shall be the sum of the weight of the cement, the weight of the fly ash and the weight of silica fume. The laboratory trial mix data shall include results of the following: (1) AASHTO T 119 Slump of Hydraulic Cement Concrete. (2) AASHTO T 121 Weight per Cubic Foot, Yield, and Air Content (Gravimetric) of Concrete. Av content from AASHTO T 152 Air Content of Freshly Mixed Concrete by the Presswe Method maybe used in lieu of the air content by the gravimetric method in AASHTO T 121. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, or aggregate. Unless otherwise permitted by the Engineer, the product of only one type of portland cement from one mill of any one brand shall be used in a concrete mix design. Review and approval of the Concrete Mix Design by the Engineer does not constitute acceptance of the concrete. Acceptance will be based solely on the test results of concrete placed on the project. 601.06 Batching. Measwing and batching of materials shall be done at a batching plant in accordance with AASHTO M 157. The Contractor shall furnish a batch ticket (delivery ticket) with each load for all classes of concrete. Concrete delivered without a batch ticket containing complete information as specified shall be rejected. The Contractor shall collect and complete the batch ticket at the placement site and deliver all batch tickets to the Engineer on a daily basis. The Engineer shall' have access to the batch tickets at any time dwing the placement. The following information shall be provided on each batch ticket: (1) Supplier's name and date (2) Truck number (3) Project number and location (4) Concrete class designation and item number (5) Cubic yards batched (6) Time batched (7) CDOT mix design number (8) Type, brand, and amount of each admixtwe (9) Type, brand, and amount of cement and fly ash Q 0) Weights of fine and coarse aggregates (11) Moistwe of fine and coazse aggregate (12) Gallons of batch water (including ice) The drum on each truck mixer shall be reversed prior to charging to eliminate any wash water remaining in the mixer. 601.07 Mixing. Concrete may be mixed in stationary mixers, in a central-mix plant, in truck mixers, or in self-contained mobile mixers. Mixing time shall be measwed from the time all materials, except water, are in the dwn. Silica fume, when specified, shall be added to the mix dwing initial batching. (a) Mixing General. The concrete shall be deposited in place within 90 minutes after batching when concrete is delivered in truck mixers or agitating trucks, and within 60 minutes when delivered in non agitating trucks. The 90 minute time limit for mixer or agitating trucks may be extended to 120 minutes if: (1) No water is added after 90 minutes. (2) The concrete temperatwe prior to placement is less than 90 OF The 90 minute time limit for mixer or agitating trucks may be extended to 180 minutes if: (1) No water is added after 90 minutes. (2) The concrete temperatwe prior to placement is less than 90 CF. (3) The approved concrete mix contains a water reducing and retazding admixture which conforms to AASHTO M 194, Type D. Page 69 (c) Truck Mixing. Track mixed concrete shall conform with one of the following: 1. Concrete mixed entirely in a truck mixer equipped with a mechanical counter shall be partially mixed at the plant or in transit for not less than 20 revolutions of the drum at mixing speed. The revolutions of the drum at charging speed shall not be counted as mixing revolutions. The concrete shall be mixed between 50 and 100 revolutions of the mixer drum at mixing speed at the delivery site before discharge of the concrete. When water is added at the delivery site to control the consistency of the concrete as specified in subsection 601.02, the concrete shall be mixed for at least 20 revolutions of the mixer drum at mixing speed for each addition of water before discharge. These revolutions are m addition to the minimum revolutions requued for mixing at the delivery site. The added water shall not cause the water/cement ratio to exceed the requirements in subsection 601.02. Water from all sources shall be documented by the ready mix producer on the delivery slip for each load of concrete. The Contractor shall provide a Concrete Tmck Mixer Certification. The Contractor shall famish awater-measuring device in good working condition, mounted on each transit mix track, for measuring the water added to the mix after the track has left the charging plant. Each measuring device shall be equipped with an easy-to-read gauge. Water shall be measured to the accuracy prescribed in AASHTO M 157. 601.08 Air Content Adjustment. When a batch of concrete delivered to the project does not conform to the minimum specified air content, an airentraining admixture conforming to subsection 711.02 may be added, one time only for the batch, at the Contractor's option prior to consideration for rejection or price adjustment. After the admixture is added the concrete shall be re-mixed for a minimum of 20 revolutions of the mixer drum at mixing speed. The concrete will then be re-tested and if found acceptable maybe placed in accordance with the specifications. A'maximum of three batches per day maybe adjusted by adding air entraining admixture at the delivery site. 601.09 Forms. (a) Design. Forms shall be mortar tight and sufficiently rigid to prevent distortion due to the pressure of the concrete and other loads incidental to the concrete operations, including vibration. The rate of depositing concrete in forms shall be controlled to prevent deflections of the form panels in excess of the deflections permitted by these specifications. Forms for exposed concrete surfaces shall be designed and constmcted so that the formed surface of the concrete does not undulate excessively in any direction between studs, joists, form stiffeners, form fasteners, or wales. Undulations exceeding 3/32 inch between the center to center distance of studs, joists, form stiffeners, form fasteners or wales will be considered to be excessive. Should any form or forming system, even though previously approved for use, produce a concrete surface with excessive undulations, its use shall be discontinued until modifications satisfactory to the Engineer have been made. Portions of concrete structures with surface undulations in excess of the limits herein may be rejectedby the Engineer. (b) Construction. Forms shall be constmcted and maintained so as to prevent the opening of joints due to shrinkage of the lumber. The use of ties consisting of twisted wire loops to hold forms m position will not be permitted. Deck slab forms between girders shall be constmcted with no allowance for settlement relative to the gtrders. The inside surfaces of forms shall be cleaned of all dirt, mortaz and foreign material. Forms which will later be removed shall be thoroughly coated with form oil prior to use. The form oil shall be a commercial quality form oil or other equivalent coating which will permit the ready release of the forms and will not discolor the concrete. Concrete shall not be deposited in the forms until all work connected with constmcting the forms has been completed; all materials requved to be embedded in the concrete have been placed, unless otherwise specified on the plans or approved; and the Engineer has inspected said forms and material. Such work shall include the removal of all dirt, chips, sawdust, water and other foreign material from the forms. Anchor devices may be cast into the concrete for later use in supporting forms or for lifting precast members. The use of driven types of anchorages for fastening forms or form supports to concrete will not be permitted. (c) Form Lumber. Form lumber for all exposed concrete surfaces shall be dressed at least on one side and two edges and shall be constmcted so as to produce mortartightjoints and smooth, even concrete surfaces. Forms shall be filleted and chamfered as shown on the plans, and shall be given a bevel or draft in the case of all projections, such as girders and copings, to assure easy removal. Unless otherwise specified, forms for exposed surfaces shall be constmcted with triangular fillets'/, inch by'/, inch at all exterior comers. (d) Metal Ties. Metal ties or anchorages within the forms shall be so constmcted as to permit their removal to a depth of at least '/z inch from the face without injury to the concrete. When wire ties are used the wires shall be cut back at least %, inch from the CCt-971.doc Page 70 "CC1 face of the concrete upon removal of the forms. The cavities shall be filled with cement mortar and the surface left sound, smooth, even and uniform in color. (t) Surface Treatment. All forms shall be treated with oil prior to placing reinforcement except that an approved nonpetroleum base foan release agent shall be used for surfaces which aze to receive Class 5, Masonry Coating Finish. Wood forms shall be thoroughly moistened with water immediately before placing the concrete. For rail members or other members with exposed faces, the forms shall be treated with an approved form release agent to prevent the adherence of concrete. Material which will adhere to or discolor the concrete shall not be used. All concrete forms for swfaces to which Stmctwal Concrete Coating is to be applied shall be treated with a water based concrete form release agent prior to placing reinforcement. (g) Metal Forms for General Use. The specifications for forms, regarding design, mortar tightness, filleted comers, beveled projections, bracing, alignment, removal, reuse and oiling, apply to metal forms. The metal used for forms shall be of such thickness that the forms will remain true to shape. All bolt and rivet heads shall be countersunk. Clamps, pins or other connecting devices shall be designed to hold the forms rigidly together and to allow removal without injury to the concrete. Metal forms which do not present a smooth swface or do not lineup properly shall not be used. Metal forms shall be free from rust, grease or other foreign matter. Permanent steel bridge deck forms shall be as described in subsection 601.10. (h) Removal of Forms. The forms for any portion of the stmctwe shall not be removed until the concrete is strong enough to withstand damage when the forms are removed. Unless controlled by beam or cylinder tests, the following minimum periods of times, exclusive of days when the ambient temperatwe is below 40 CF, maybe used as a guide for removal of forms and supports. When field operations are controlled by beam or cylinder tests, the removal of forms, supports and housing, and the discontinuance of heating and cwing may begin when the concrete is found to have the required compressive strength. If high- early-strength (Type III) cement or accelerating admixtures are used, the above periods may be reduced as approved. Forms for median barrier, railing or cwbs, may be removed at the convenience of the Contractor after the concrete has hardened. (i) Patching. The mixed formula for patch mortar shall be determined by trial to obtain a good color match with the concrete when both patch and concrete are cured and dry. (j) Re-use of Forms. The shape, strength, rigidity, watertightness and surface smoothness of reused forms shall be maintained at all times. Warped or bulged lumber shall not be used. 601.12 Placing Concrete. (a) General. A preplacement conference shall be held with selected Contractor and Department personnel prior to placement of concrete bridge decks to discuss the method and sequence of placing concrete. At the pre-placement conference, the Contractor shall present a concrete winter protection plan for acceptance by the Engineer. The accepted concrete winter protection plan shall contain information on the number and type of heat sources to be used, a sketch detailing the encloswe materials, and all other pertinent information. SufScient equipment shall be supplied to continuously maintain the specified temperatwe uniformly in all parts of the enclosure. Insulated blankets on top of the bridge deck and freely circulated artificial heat below the deck will be permitted. Concrete shall not be placed until forms have been completed and materials required to be embedded in the concrete have been placed, and the Engineer has inspected the forms and materials. The forms shall be cleaned of all debris before concrete is placed. The external surface of all concrete shall be thoroughly worked dwing the placing by means of tools of an approved type. The working shall be such as to force all coarse aggregate from the surface and to bring mortar against the forms to produce a smooth finish substantially free from water and air pockets, or honeycomb. (b) Hot Weather Limitations. Placing of concrete dwing hot weather shall be limited by the temperatwe of the concrete at the time of placing. Mixed concrete which has a temperatwe of 90 CF or higher, shall not be placed. The Contractor shall provide fogging equipment and keep the concrete surface moist at all times by fogging with an approved atomizing nozzle until the curing material is in place. The aggegate stockpiles shall be kept moist at all times. (c) Cold Weather Limitations. The mixed concrete temperatwe shall be between 50 and 90 CF at the time of placement. Water, aggregates, or both shall be heated when necessary under such control and in sufficient quantities to avoid fluctuations in the temperatwe of the concrete of more than 10 CF from batch to batch. To avoid the possibility of flash set when the water is heated to a temperatwe in excess of 100 CF, the water and the aggregates shall be charged into the mixer before the cement is added. Heating equipment or methods which alter or prevent the entrainment of the required amount of air in the concrete shall not be used. The equipment shall be capable of heating the materials uniformly. Aggregates and water used for mixing shall not be heated to a temperature exceeding 150 CF. Materials containing frost or lumps of frozen material shall not be used. CC1-971.doc Page 71 "CC1 Concrete shall not be placed on frozen ground. Before concrete placement, all ice, snow, and frost shall be completely removed from within formwork. (d) Chutes and Troughs. Concrete shall be placed so as to avoid segregation of the materials and the displacement of the reinforcement. Concrete shall not be dropped more than 5 feet, unless confined by closed chutes or pipes. Care shall be taken to fill each part of the form by depositing the concrete as near final position as possible. The coazse aggregate shall be worked back from the forms and worked around the reinforcement without displacing the bars. After initial set of the concrete, the forms shall not be jarred and strain shall not be placed on the ends of projecting reinforcement. Where steep slopes are required, the chutes shall be equipped with baffle boards or be in short lengths that reverse the direction of movement. Concrete shall not be pumped through aluminum alloy pipe. All chutes, troughs and pipes shall be kept clean and free from coatings of hardened concrete. (e) Vibrating. Unless otherwise directed, the concrete shall be consolidated with suitable mechanical vibrators operating within the concrete. When required, vibrating shall be supplemented by hand spading with suitable tools to asswe proper and adequate consolidation. Vibrators shall be of a type and design approved by the Engineer. They shall be capable of frequencies of at least 10,000 vibrations per minute, th air. Vibrators shall be so manipulated as to work the concrete thoroughly around the reinforcement and imbedded fixtwes and into corners and angles of the forms. Vibrators shall not be used as a means to cause concrete to flow or run into position in lieu of placing. The vibration at any point shall be of sufficient dwation to accomplish consolidation, but shall not be prolonged to the point where segregation occurs. (g) Placement. Concrete shall be placed in horizontal layers not more than 18 inches thick except as hereinafter provided. When less than a complete layer is placed in one operation, it shall be terminated in a vertical bulkhead. Each layer shall be placed and consolidated before the preceding batch has taken initial set. Each layer shall be so consolidated as to avoid the formation of a con-struction joint with a preceding layer which has not taken initial set. When the placing of concrete is temporarily discontinued, the concrete, after becoming firm enough to retain its form, shall be cleaned of laitance and other objectionable material to a sufficient depth to expose sound concrete. The top surfaces of concrete adjacent to the forms shall be smoothed with a trowel to minimize visible joints upon exposed faces. Work shall not be halted within 18 inches of the top of any face, unless provision has been made for a coping less than 18 inches thick, in which case the construction joint maybe made at the under side of the coping. Immediately after the work of placing concrete is halted, all accumulations of mortaz splashed upon the reinforcement and swfaces of forms shall be removed before the concrete takes its initial set. Care shall be taken when cleaning reinforcing steel to prevent damage to or breakage of the concrete-steel bond. (j) Construction Joints. Construction joints shall be made only where located on the plans or shown in the placing schedule, unless otherwise approved. All constructionjoints shall be cleaned of surface laitance, cwing compound, and other foreign materials before fresh concrete is placed against the surface of the joint. Surfaces on which concrete is to be placed shall be thoroughly moistened with water immediately before placing concrete. Where construction joints are allowed on visible surfaces, chamfer strips attached to the forms or other approved methods shall be utilized to provide an evenjoint appearance. (k) Float Finish on Horizontal Surfaces. All freshly placed concrete on horizontal swfaces shall be given a float fmish except as otherwise provided in the plans. A float fmish shall be achieved by placing an excess of material m the form and removing or striking off the excess with a template, forcing the coazse aggregate below the mortar surface. Creation of concave surfaces shall be avoided. After the concrete has been stmck off, the surface shall be thoroughly worked and floated with a suitable floating tool. Before the fmish has set, the surface cement film shall be removed with a fine brush in order to have a fine gained, smooth but sanded textwe. (m) Opening to Traffic. Concrete structwes shall remain closed to traffic, and shall not cant' Contractor's equipment, for 21 days after placement of the concrete is completed. The structwe may be opened to traffic eazlier if the concrete and all other concrete has attained the Field Compressive Strength given in Table 601-1. The minimum compressive strength shall be determined from test cylinders made and coved at the structwe site in accordance with AASHTO T 23 and tested in accordance with AASHTO T 22. 601.13 Curing Concrete Other Than Bridge Decks. When the ambient temperature is below 35 °F the Contractor shall maintain the concrete temperature above ~0 °F dwing the curing period. It shall be the Contractor's responsibility to determine for himself the necessity for undertaking protective measures. The minimum cwing period shall be determined by one of the following methods. The Engineer shall review for adequacy, the Contractor's determination of the cwing period. (1) The minimum curing period shall be 120 hours (2) The minimum cwing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. (3) The minimum cwing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall develop a maturity relationship for the concrete mix design in accordance with ASTM C 1074. Immediately after placing fresh concrete, all concrete shall be cured by one of the following methods. The Engineer shall review for adequacy, the cwing method proposed by the Contractor. (a) Water Method. All swfaces other than slabs shall be protected from the sun and the whole structwe shall be kept wet throughout the curing period. Surfaces requiring a Class 2 finish may have the covering temporarily removed for fmishing, but the covering must be restored as soon as possible. All concrete slabs shall be covered as soon as possible with suitable material so that concrete is kept thoroughly wet for at least five days. The concrete surface shall be kept moist at all times by fogging with an atomizing nozzle until the covering is placed. (b) Membrane Forming Curing Compound Method. Owing compound may be applied only to those surfaces, which aze to receive a Class I or Class 4 final finish. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be used on surfaces where cwing compound is allowed, except that Type I cwing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. Curing compound shall not be used on construction joints. The rate of application of cwing compound will be in accordance with the manufactwer's recommendation, but shall not be more than 300 square feet per gallon. All concrete coved by this method shall receive two applications of the cwing compound. The first coat shall be applied immediately after stripping of forms and acceptance of the concrete finish. If the surface is dry, the concrete shall be thoroughly wet with water and the curing compound applied just as the surface film of water disappears. The second application shall be applied after the fast application has set. Dwing curing operations, all unsprayed swfaces shall be kept wet with water. The coating shall be protected against marring for a period of at least ten days after application. Coating marred, or otherwise distwbed, shall be given an additional coating. Should the surface coating be subjected continuously to injury, the Engineer may require that water curing, as described in subsection 601.13(a) be applied at once. When using a curing compound, the compound shall be thoroughly mixed within an how before use. If the use of a cwing compound results in a streaked or blotchy appeazance, its use shall be discontinued. Water curing, as described in subsection 601.13 (a), shall then be applied until the cause of the defective appeazance is corrected. (c) Form Method Concrete shall be protected by forms dwing the curing period. Forms shall be kept moist, when necessary, dwing the cwing period to insure the concrete swface remains wet. (d) Blanket Method Electrically heated cwing blankets or insulation blankets may be used in cold weather to maintain specified cwing temperature and to retain moisture in concrete. Blankets shall be lapped at least 8 inches and shall be free of holes. Blankets shall be secwed at laps and edges to prevent moisture from escaping. 601.17 Acceptance and Pay Factors. These provisions apply to all concrete. (a) Air Content. At any time dwing the placement of the concrete, when a batch deviates from the minimum or maximum percent of total air content specified, the following procedwe will be used to analyze the acceptability of the concrete. 1. A batch that deviates from the specified air content by more than one percent and all Class D concrete placed in bridge decks with air content exceeding eight percent will be rejected. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to acceptance at reduced price, no payment, or removal as determined by the Engineer. (b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. During the placement of the concrete, when a batch exceeds the maximum slump specified, the following procedwe shall be used to analyze the acceptability of the concrete. I. A batch that exceeds the maximum slump specified by more than 1 inch will be rejected. Portions of loads incorporated into structwes prior to determining test results which indicate rejection as the correct course of action shall be subject to acceptance at reduced price, no payment, or removal as determined by the Engineer. (c) Strength (When Specified). The concrete will be considered acceptable when the running average of three consecutive strength tests is equal to or greater than the specified strength and no single test falls below the specified strength by more than 500 psi. A test is defined as the average strength of three test cylinders cast in plastic molds from a single sample of concrete and coved under standard laboratory conditions prior to testing. If the compressive strength of any one test cylinder differs from the average by more than 10 percent that compressive strength will be deleted and the average strength will be determined using the compressive strength of the remaining two test cylinders. When the average of three consecutive strength tests is below the CC1-971.doc Page 73 "CCt specified strength, the individual low tests will be used to determine the pay factor in accordance with Table 601-3. If less than three strength tests aze available the individual low tests, if any, will be used to determine the pay factor in accordance with Table 601-3. The pay factor will be applied to the quantity of concrete represented by the individual low test. For concrete having a specified strength of less than 4500 psi, when the compressive strength test is below the specified strength by more than 500 psi, the concrete represented will be rejected. For concrete having specified strength of 4500 psi or greater, when the compressive strength test is below the specified strength by more than 500 psi but not more than 1000 psi, the concrete represented will be evaluated by the Department for removal, corrective action, or acceptance at a reduced price. All costs of the evaluation shall be at the Contractor's expense. When the compressive strength test is below the specified strength by more than 1000 psi, the concrete represented will be rejected. 601.18 Unless otherwise stated in the plans or specifications, tolerances for concrete construction and materials shall be in accordance with ACI 117. METHOD OF MEASUREMENT 601.19 Concrete will be measwed by the cubic yard in accordance with the dimensions shown on the plans. Plan quantities reflect deductions for all voids designed into the structwe except, deductions will not be made for the volume occupied by pipes or conduits less than 3 inches in diameter, ducts for pre-stressing steel, reinforcing steel, anchors, weep holes, piling, and form liner textwes and nominal chamfers. BASIS OF PAYMENT 601.20 The accepted quantities will be paid for at the contract unit price per unit of measwement for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Concrete, Class (Miscellaneous) Cubic Yazd Payment will be full compensation for all work necessary to complete the designated Pay Item in accordance with subsection 109.02. Payment for sructwal concrete coating will be full compensation for all work and materials necessary to complete the item and shall include, but is not limited to: (1) Water based form release agent. (2) Sample preparation. (3) Abrasive blasting. (4) Patching materials and application. (5) Structural Concrete Coating and application. When requested by the Engineer, the Contractor shall provide the Engineer with a certified invoice from the coating supplier indicating the total volume of Structural Concrete Coating supplied to the project. SECTION 608 SIDEWALKS AND BIKEWAYS DESCRIPTION 608.01 This work consists of the construction of bituminous or concrete sidewalks, bikeways, and cwb ramps in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. MATERIALS 608.02 Materials shall meet the requirements specified in the following subsections: Joint Fillers 705.01. Bed Course Materia1703.07 Concrete for sidewalks, bikeways, and cwb ramps shall be Class B, and meet the requirements of Section 601. Bituminous material for sidewalks, bikeways, and cwb ramps shall meet the requirements of Section 403. Concrete and bituminous mixes will be subject to inspection and tests as required to asswe compliance with quality requirements. CC1-971.doc Page 74 "CC1 CONSTRUCTION REQUIREMENTS 608.03 Concrete Sidewalks and Bikeways. (a) Excavation. Excavation shall be made to the required depth and to a width that will permit the installation and bracing of the forms. The foundation shall be shaped and compacted to a firm even swface conforming to the section shown on the plans or as staked. When the Engineer determines that material is uncompactable, the material shall be removed and replaced in accordance with subsection 206.03. (b) Forms. Forms shall be of wood, metal, or other suitable material, and shall extend for the full depth of the concrete. All forms shall be straight, free from warp and of sufficient strength to resist the presswe of the concrete without springing. Bracing and staking of forms shall be such that the forms remain in both horizontal and vertical alignment until their removal. A satisfactory slipfornt method may be used. (c) Placing Concrete. The foundation shall be thoroughly moistened immediately prior to the placing of the concrete. The proportioning, mixing and placing of the concrete shall be in accordance with the requirements for the class of concrete specified. (d) Finishing. The surface shall be floated with a wooden or magnesium float and given a transverse broom finish. Plastering of the swface will not be permitted. All outside edges of the slab and all joints shall be edged with a''/a inch radius edging tool. (e) Joints. Expansionjoints, at intervals of not more than 500 feet, shall be filled with''/z inch thick full depth, preformed expansion joint filler. The sidewalk or bikeway shall be divided into sections by dummyjoints formed by a jointing tool or other acceptable means as duetted. These dummy joints shall extend into the concrete for at least'/. of the depth and shall be approximately 1 /8 inch wide. Dummy joints shall be spaced at intervals approximately equal to the width of the sidewalk or bikeway. Constructionjoints shall be formed azound all appurtenances such as manholes, utility poles, etc., extending into and through the sidewalk. Preformed expansion joint filler %: inch thick shall be installed in thesejoints. Expansion joint filler %z inch thick or the thickness indicated shall be installed between new concrete and any fixed structure such as a building or bridge. This expansion joint material shall extend for the full depth of the contact surface. (f) Curing. Immediately upon completion of the finishing, sidewalks and bikeways shall be moistened and kept moist for three days, or they shall be coved by the use of membrane forming curing compound. The method and details of cwing shall be subject to the approval of the Engineer. Dwing the cwing period all traffic, both pedestrian and vehiculaz, shall be excluded. Vehicular traffic shall be excluded for such additional time as the Engineer may duect. METHOD OF MEASUREMENT 608.05 Concrete sidewalks, bikeways, and cwb ramps will be measwed by the square yard of finished swface. BASIS OF PAYMENT 608.06 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Concrete Sidewalk Square Yard Concrete Cwb Ramp Each All work necessary and incidental to the construction of sidewalks, bikeways, and cwb ramps will not be measwed and paid for separately but shall be included in the work. CCt-97t.doc Page 75 '"CCt SECTION 609 CURB AND GUTTER DESCRIPTION 609.01 This work consists of the construction of curb, gutter or combination curb and gutter in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. The types of curb aze designated as follows: Type 2 Cast-in-Place Concrete Curb Type 4 Dowelled Concrete Curb Type 6 Sloping Curb The section will be as shown on the City of Aspen Construction and Excavation Standazds for Work in the Right of Way. MATERIALS 609.02 Except as provided below the materials used shall meet the requirements of the following subsections: Bed Course Material 703.07 Joint Filler 705.0] Reinforcing Steel 709.01 Concrete for curb shall be Class B, and meet the requirements of Section 601, except that when curb machines aze used, a lesser slump will be permitted. Concrete mixes will be subject to inspection and tests for compliance with quality requirements. CONSTRUCTION REQUIREMENTS 609.03 Cast-in-Place Concrete Curb. (a) Excavation. Excavation and bedding shall conform to the requirements of subsection 608.03 (a). (b) Forms. Forms shall be of wood or metal, straight, free from warp and of such construction that there will be no interference to the inspection of grade or alignment. All forms shall extend for the entire depth of the curb and shall be braced and secured sufficiently so that no deflection from alignment or grade will occur during the placing of the concrete. (c) Mixing and Placing. Concrete shall be proportioned, mixed and placed in accordance with the requirements for the class of concrete specified. Compaction of concrete curb, gutters or combination curb and gutter, placed in forms shall have thorough consolidation which shall be achieved by tamping and spading, vibrating or other acceptable methods. Forms shall be left in place until the concrete has set sufficiently so that they can be removed without injury to the curb. Upon removal of the forms, the exposed curb face shall be immediately fmished to a uniform surface. For the purpose of matching adjacent concrete finishes or for other reasons, the Engineer shall approve methods of fmishing. Plastering will not be permitted. (d) Sections. Curb shall be constructed in sections having a uniform length of 10 feet, unless otherwise ordered. Sections shall be sepazated by open joints 1/8 inch wide except at expansion joints. (e) Expansion Joints. Expansion joints shall be formed at the intervals specified by the engineer using a''/a inch preformed expansion joint filler. When the curb is constmcted adjacent to or on concrete pavement, expansion joints shall be located opposite the expansion joints in the pavement. Expansion joints shall be installed between concrete curb and any fixed structure or bridge. Expansion joint material shall extend the full depth of contact surface. (f) Curing. Immediately upon completion of the finishing, the curb shall be moistened and kept moist for three days, or the curb shall be cured by the use of membrane forming curing compound. The method and details of curing shall be subject to the approval of the Engineer. (g) Bacl~lling. After the concrete has set sufficiently, the spaces in back of the curb shall be backfilled to the requtred elevation with suitable material which shall be thoroughly tamped. (h) Curb Machine. With the approval of the Engineer, the curb may be constructed by the use of a curb forming machine. (i) Surface Tolerance. The Engineer may determine that the exposed surfaces of the concrete curb, gutters, or combination curb and gutter shall be tested with a 10 foot straightedge laid along the exposed surface in a longitudinal direction. The Contractor shall famish an approved 10 foot straightedge and provide an operator to aid the Engineer in testing the exposed surfaces. All CC1-971.doc Page 76 '"CC1 surfaces shall be measured in a longitudinal dvection. Deviation of any exposed surface in excess of that specified shall be corrected at the Contractor's expense. Longitudinal surface tolerances for the top and face are: (1) On tangent roadway alignments and curves with radius greater than 1000 feet: 0.25 inch from the edge of the straightedge. (2) On sharp vertical curves and horizontal curves with radius of 1000 feet or less: 0.25 inch from the edge of the straight edge with allowance made for curve deflection. METHOD OF MEASUREMENT 609.06 Curb will be measured by lineaz foot along the front face of the section at the fmished grade elevation. Gutter will be measured along centerline of the gutter. Curb and gutter will be measured along the face of the curb. Deduction in length will be made for drainage structures, such as catch basins, drop inlets, etc., installed in the curb, gutter, or curb and gutter. BASIS OF PAYMENT 609.07 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appeaz in the bid schedule, including dowels and expansionjoint material. Payment will be made under: Pay Item Pay Unit Curb, Type_ (Sections Lineaz Foot Gutter, Type ~_Foot) Lineaz Foot Curb and Gutter, Type_ (Section ) Lineaz Foot Fog coat and tack coat For Curb and Gutter will not be measured and paid for separately but shall be included in the work Page 77 "CC1 SECTION 626 MOBILIZATION DESCRIPTION 626.01 This work consists of the mobilization of personnel, equipment and supplies at the project site m prepazation for work on the project. This item shall also include the establishment of the Contractor's offices, buildings and other necessary facilities, and al] other costs incurred or labor and operations which must be performed prior to beginning the other items under the Contract. BASIS OF PAYMENT 626.02 Partial payments for mobilization will be made once each month as the work progresses. These partial payments will be made as follows: (1) When 5 percent of the original contract amount is earned, 25 percent of the amount bid for mobilization, or 2'/: percent of the original contract amount, whichever is lesser, will be paid. (2) When 10 percent of the original contract amount is earned, 50 percent of the amount bid for mobilization, or 5 percent of the original contract amount, whichever is lesser, will be paid. (3) When 25 percent of the original contract amount is earned, 60 percent of the amount bid for mobilization, or 6 percent of the original contract amount, whichever is lesser, will be paid. (4) When 50 percent of the original contract amount is earned, 100 percent of the amount bid for mobilization, or ] 0 percent of the original contract amount, whichever is lesser, will be paid. (5) Upon completion of all work on the project, payment on any amount bid for mobilization in excess of 10 percent of the original contract amount, will be paid. (6) The total sum of all payments shall not exceed the original contract amount bid for the item, regazdless of the fact that the Contractor may have, for any reason, shut down the work on the project or moved equipment away from the project and then back again. For the purpose of this Section the term "original contract amount" as used above shall mean the amount bid for the construction items in the Contract not including the amount bid for mobilization. Payments for materials on hand, as described in subsection 109.07, will not be included as a percent of original contract amount earned until said materials on hand have been incorporated into the work and accepted and paid for as contract items. These payments shall be independent of partial payments as defined in subsection 109.06. Payment will be full compensation for all work necessary to complete the item. Payment will be made under: Pay Item Pay Unit Mobilization Lump Sum Nothing herein shall be construed to limit or preclude partial payments for other items as provided for by the Contract. CCt-971.doc Page 78 "CC1 SECTION 900 SNOWMELTED SIDEWALK/ADA RAMPS/CURB AND GUTTER DESCRD'TION 900.01 This work consists of the construction, installation, alteration, addition of or repairs of hydronic piping systems (snowmelt). CONSTRUCTION REQUIREMENTS 900.02 The contractor will make every attempt to prevent damage to existing Snowmelted Sidewalk /ADA Ramps /Cwb and Gutter during demolition or other construction activities. Approval by the Project Manger is required for any new installation of Snowmelted Sidewalk /ADA Ramps /Cwb and Gutter. Installation of new Snowmelted Sidewalk/ADA ramps or Cwb and Gutter shall conform to the 2003 International Mechanical Code Chapter 12 Specifications on Hydronic Piping. Piping to embedded in concrete shall be presswe tested prior to pouring concrete. Dwing pouiing, the pipe shall be maintained at the proposed operating pressure. This piping shall be tested hydrostatically at one and one half times that maximum system design pressure but not less than 100 psi (689 kPa). The dwation of each test shall not be less than 15 minutes. 900.03 METHOD OF MEASUREMENT Installation of Snowmelted Sidewalk/ADA Ramps/Cwb and Gutter will be measwed by Square foot to the extents of the area in which new snowmelt tubing has extended. No payment for existing Snowmelt will occw. BASIS OF PAYMENT The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule: Payment will be made under: Pay Item Pay Unit Snowmelted Sidewalk/ADA Ramps/Curb and Gutter Squaze Foot (SF) CCt-971.doc Page 79 "CC1 CSty or Aspen Qualification Statement PSOjtM No.: ; 1. Hxa Or, w»n» td0[a», [oetaeL »[son a Alapb•m tmb•x: ;S. n» fiY»» flis ;9. Dat• rbls tem /~ L Ca nsT,t3tct~ o ~ L ~ ~ !Y_`1Y---------=--- ~~ -~~~ ~------ ~------- 6~ 6o GR a35 --------------?~- rPpye -or amax•bip: : 9. eml t »pe» ; ] C 9T/c C y ~ -__ lvtC, i ~: i~3s~aema ; c. tm•s e[ mt m» tNp tue p[imipals se e•vtmt: Tlcl•/TSlryb•m: i b) kerirt~ i~ L i 6. P[e]ae! 6vaplas, last b r»xs: ; ero]ect »m, LDDat1•e 9 txlef Deatilprion: OeOei'a tam, t04<e» f T•lapb•m. ; cost of mxt; Date I% 03,000) Ceapl•»0: 1 ------------------------------------------------- ---------~---_-------_____-___---------_---------- ------------~------______ ; S~haaiv~ (/ylewc~slw3 C~GCtK Wa~.'n./R~laTt~ : ova ; „~. T1n~ 6Trc t-,~ ~ o~ vT` wesT~ ac ' b~ 7w~:~4 ~ ;:. ,n,~ ~~~~~~/ SZ~~3 ~Ll~~s ~~n'twrt'h:•tii VY`wC~iSo~ ~t.~'ve.ln.s 60ok ~g : 9. ~~ ~~lh KAw~ ~CA KS~N}AC~IOh ~:~~ ~ i 5 Dy~,i v •. ~ Gi~v,wo~ 1 ~ :, ylt i i 1, Z~~ i Can.bo~le- ~~e~ ,c.,~`c CRflyov~a~.`~ S~'~o~~ Sca~eS ! C~~ °~ ; ,. G~bso~ s1a~.W, ~wew ~ ~,~, °~ ; 6. F,~~~ 1`oa,ex~~Co~,~Tvwcfiioy ` C~~.~, o~ ,. ;.. ; 9.._ ................._.._.. ........._.....-.......... -__-_-. 10. 2.Sv1.;ll 9oi 0 zoo1~ ~goog I:~~„;(~iZOOg I CC1-971.doc Page 81 "CC1 ; ho]set ksa~ beatiee a se1sL Dss¢SpLion: arnsx`s La, Addtsss e'N1apDOns• Cost e[ Mike Wu ; IX 11.000) CoaleLed', ..................................me...........,........ .... ... _. ___.......,... .. .................... ...........,. ......_____ 11. ................................................................y.............._.._......_.................~...... ......... ~............~ 11. ---------------------------------------~_-_-_-___--____.---_--~--._-___________----_-_----__--_--_--___r _--_____-_--~--_-__----_-~ 3!. . i .m....... .............._.........m....e.........._.__..........._.~..................._........................~... ...__. .. ~........... U. ______________________________________________________________r_--._._--____._--_-._.---_----_-_-.._-.__t____-____-_--~----_------_~ 35. Is. i i ~-_-_____~_____________4__________-_ 11. 18. -------------------------------------------------------------,~-_-_--_--._----_-_-__---___-_--_-__-_-_-r---_-___---_-a__-.- lf. 1. ssNC a[auus, conGCt Psr son. TdsOhom sugar: •~ C~wIK.Kr•~3'~ 1?~k o ~ Coloh~o `fib-198'- 939 b) d t. Suds MLSx (mAcu (mat.rLl suppli¢s, oWCenttact~~epL//s~,, atC.), ~~tCOntseL Pexsen sm Ts1spDOM sumDSx: al ~jyy~ylly-ISt.Wt.~\ON ~ ~ L '~}aY -9GJ' ~~~~ b' C«.sx.Y Co ~.we-~C- 420 -6zs - o7Y6 r, p. kaa oL sondinq Ceyavy sm xru¢anu COnpany, Agsnt•e set. DssexlM currsnC iSaDility Sasuranes cowesga: , ~VYI{4 ~a~„^ ~o~st';y.~- 3PJJ-Gl5-7`{63 t hee ly cercily taaC [ aM R lli l<acian Statement to a~ru rate and true. i tee by aRAO[ixe th. f.vty nt Aapea [n coma ct any and all o[ the petaons{tssme ed abo- a to obtun fort het inturmatton wgaz danq the quati[icM ions'o'[,a0' titm. ~~~~~/l '~ s'~aaZfrTlTr Tttle 451-9i).dnd `Dit CC1-971.doc Page 83 "CC1 BID PROPOSAL FORM Project No. 2009-026 BID DATE: April 13, 2009 PROJECT: 2009 Concrete Replacement and Pedestrian Improvements PROPOSAL SUBMITTED BY: f7~yL LS'}+'~Sfru~~i'o+~ T~JCr ~ - 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 Depaztment, 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 furnishing 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 aze approximate and aze 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 CC1-971.doc Page 85 "CC1 to make no claims for damages, anticipated profit, or otherwise on account of any differences between the amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five (25) Percent of the total bid. Q9~ I hereby acknowledge receipt of ADDENDUM(s) numbered / through ESTIMATED OUANTITYLIST Item Number Description Quantity Unit Price 106 Material Testing 1 LS ~o,~°•°O 626-1 Mobilization 1 LS /S, oQO.QD 630 Construction Zone Traffic Control 1 LS /S,Gao.°D 609-1 6" Curb and Gutter Type 2, Section IIB 3,221 LF ~~, 3o•F.°° 202-1 Removal of curb and gutter 3,221 LFaS, 7(~.°D 202-2 Removal of asphalt mat 400 SY 5, Sou O° 404-3 Hot Bituminous Pavement (Grade SX) 550 SY 30 °Z,,°o. •O 608-1 Concrete Curb Ramp (sheet 202 Construction and Excavation Strds.) 22 , EA /g app ~ 703 Structural Road Base 50 ~ CY ypa,, °° 412-1 Concrete Sidewalk (4") 30 SY /, 980•° 601-2 Miscellaneous Concrete Flatwork (up to 8" depth) 40 SY 3,8a0 • °O 601-2 Miscellaneous Reinforced Concrete Flatwork (8" depth) 10 SY /~ / rjp, °~ 210-1 Reset Light Post (sheet ENG 213-T Construction and Excavation Strds.) 3 EA 3,~,~ 202-4 Remove concrete 175 SY 3, 5m• °D 210-2 Reset Inlet 2 EA a,ltO.°o 412-5 Concrete Pan 100 SY 7, g~p.~ 900 Snowmelted Sidewalk/ADA Ramps/Curb and Gutter 200 SF 5, Goo •'b ~ as 9 -sa °° Total Bid in Words:%„ /•~,„mil T dv nlius lrb„s~d Seven Nvvt~'PA , . r~~• ~~,. Do~~ ~ ~ ~~ I acknowled ge that in submittin this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: Title: ~. ~77r17A~1~ Full name signature: Company address: ~ SCE G.2 335' /~/ew C+o- Sr/~ , CO ~/6 ~7 Page 86 "CC1 Telephone number: g7o - Cl~~/' 3~0~ Fax number: 97~- 985- 3S~o 3 Attested by: Subcontractor & Material Supplier List Name: Phone #: 96 3' GYRO Address: °2~~ ~' ~ ~0~} eA~2~rklk~l~ ~ ~ Service or Product: ~'o/iar~e S..coli EQ Name.• ~~~1 /V~/~/1 ~7~rt~c~iort ,Phone #: 1~/~5- 77,5 Address: ~/ 7 Co/o~q~p ~9ve. She.. LO l G1e~wmcl ~ ~ na S ~. t'~f Service orProduet: ~ S~D~aliF2 Name Address: Service or Product: Name: Address: Phone #: Phone #: Service or Product Name: ,Phone #: Address Service or Product: Name: Address: Phone #: Service or Product CC1-971.doc Page 87 "'CC1 BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, Heyl Construction, Inc. of 6560 County Road 335, New Castle, CO 81647 as Principal, hereinafter referred to as "Pdndpal", and International Fidelity Insurance Company , a corporation organized under the laws of the State of New Jersey ,and qualified to Uansail business in the State of Colorado, as "Surety" are held and firmly bound unto the City of Aspen, Colorado, as obligee, hereinafter referred to as "City;' In the penal sum of: Five Percent of the Total Amount Bid------------------------------------------------------------------------------- Dollars ($ 5% ----------- 1, lawful money of the United States of America, for the Payment of which aum, well and tmry to be made to the City, we bind ourselves, end cur heirs, executors, administrators, successors, and assignees, Jointly and severalty, by these presents: 2009 Concrete Replacement and WHEREAS, said Principal has submitted a bid for construction of Pedestrian Improvement Project NOW THEREFORE, 'rf the City shall accept the bid of the Principal and the Principal shall enter into a Contrail for ConsWilion with the City in accordance with the terms of such Bid, and given such bond or bonds as may be specified in the Bid Package or Contrail Documents with good and sufficient surety for the faithful performance of such contrail and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract for Construction and give such bond or bonds, if the Principal shall pay to the City the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Principal may in good faith contract with another party to perform the work covered by said Bid, then this shall be null and void, otherwise to remain in full force and effect in law. .,,,,„ SIGNED AND SEALED Phis 13th day of April ,~byp!'.':: "~'tiQ4°•,, PRINCIPAL: Heyl Constructi n, Ina a Z;' G TF.'~: t~ I - SEP-~L ~. By: ~~' Attest: c 1 99 ~ •.c o.~ Titre: 9 a. ~'., '• OCORP~... •,, ''~.•.. 1'7 ...o`~~`• CC1.971,doc Page 89 "CC1 (Accompany this bond with certified wpy of General Power of Attorney from the Surety Company to include the date of the bond) Tel cy7'srti24-72°° POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NF;WARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSIIRANCF, COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in Ute Ciry of Newark, New Jersey, does hereby constitute and appoint SARAH FINN, ROBERT L. COHEN, ROBERT J. REITER, BRADLEY J. JEFFRESS, SUE WOOD, SHERYLL SHAW, KRISTEN L. MCCORMICK, NICOLE L. MCCOLLAM, JENNIFER BUB, KEITH M. THOMPSON Denver, CO. its [me and lawful attorney(s)-in-fact [o execute, seal and deliver for and on its behalf as surety, any and xll bonds and undertakings, contracts o(mdemnity and other wnnngs obligatory m the nature thereof, which are or may be allowed, required or permined byy law, stature, mle, reggulation, contract or otherwise, and the execution of such ms[mment(s) in pursuance of these presents, shall he as binding upon [he said INTERNATIONAL F'IDF.LITY INSIIRANCF, COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may he revoked, pursuant to and by authority o(Article 3-Section 3, o(the By-Laws adopted by [he Board of Direcrors of INTERNATIONAL FIDF,LITY INSURANCE COMPANY at a meeting called and held on dte 7th Jay of hebmary, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Anorneys-in-Fact, and in authorize Utem to execute on behalf of the Company, and attach the Seal of the Company therein, bonds and undertakings, contracts of indemnity and other writings obligatory in the namre thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by hcsimile pursuant to resolution of [he Board of Direcinrs of said Company adoptetl at a mecnng duly called and held on [he 29Ut day of April, 1982 of which the following is a we excerpt Now therefore the signatures of such officers and the seal of the Company may be affixed m any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindingg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in [he future with respect to any bond or undertaking to which it is attached. ill - /N~. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPAW has caused [his inswmem to be bP~kq ~/~r signed and its corporate seal to be afhxed by its authorized officer, [his 16th day of October, A D. 2007. SEAL r~ m INTERNATIONAL FIDELITY INSURANCE COMPANY ~ S"PATE OF NEW JERSEY ``==-',/S/~ ~,`~~ 1904, p County of Essex ~JER`' a3~ *~~ secretary On [his 16th day of October 2007, before me came the individual who executed the precedingg instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer o(the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed m said ins[mment is [he Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of [he Board of Directors of said Company. /MARpG IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ~ P-' ~~ at Ne Ciry of Newark, New Iersey [he day and year first above written. O NOTARY ~ ~ PUBLIC ~ ~~~~ '1r y~'1'JEFIS~ A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 2l, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, wi[It the ORIGINALS ON (N THE HOME OFFICE OP SAID COMPANY, and that the same are cortect transcripts thereof, and of [he whole of the said originals, and Iha[ the said Power of A[mrney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 13th day of April , 209. _~/~ \-~-F" /1/ t `ji Awe /A- Assistant Secretary (//] ~%F v'"vV AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2009-026 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. .~°' -•°° ,~ •o °-, Attest: ~_ 13~tJ- Corporate Seal •°'c~t~7rh~?~' ° STATE OF COLORADO SS. ~-(c.~t. Co11sTiuac.~';oln ~I+c. coatrac[o~ By: ~,.~,a a COUNTY [-jp-~fccls~ ) Before me l~ , a n tary ublic and for CL County, Colo do personally appeared ~ J~me pe~rsona~ll'y/to be the person(s) whose signature(s) in my presence 's a~ day of My commission expires: ~~j~~ v~h'.~l~ay~lvl CXt'IRES 9ji1jZ!?1C (Seal) ~/,a~~ ~~ ae~~~Ntilmalbei„pis Notary Pub is .` ,~• ° ~% :~ N Q T ~e F, i, ^, --~.,.~~ acla~•, P (g .~ , ~. •S ~, d. : ;z'j,° ,` 91 "CC1 LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declazes his/her full awazeness of the content and terms of this contract affirms that the contractual time is the period mentioned in the contract Specifications plus the 1 extension(s), if any, granted by the City of Aspen for successful completion of project. The undersig contractor further acknowledges he/she understands and agrees to liquidated damages to be dedu~ from moneys due to him/her for any delayed calendaz day beyond the total time at the rate of $100.00 day . This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: Corporate Seal STATE OF COLORAI?O COUNTY C,~4~2~~""" Before me ~~ f~G~/L/ GV,~1~ , a notary public and for ~GZi County, Colorado personally appeazed T/~,u~.cr~l i~~~ known to me personally to be the person(s) whose signature(s) in my presence thisa,~1 day of a°' `~\Gops_ruct~o~'% ~~a:G~RPORgTF•~~ SEAL ~: 1999 >to~ RPa°•' = ~~ey(_ ~o~cTKU~fiiw Zvtc. ~'r ,I,,,nuN~""`,`` Contractor By: ~' 4lc SS. ~CJr-c~ , A.D. 200 My LII-9]I.dac. )O. ~ ~FL ;NpTARy; -~;~-- ~,:.PUBLIG ° ~~~~~i~R~~~~~~ C~~~~f~~ ~~~~~Zi~~C ~~ ,~~ ' Notary Public *LD1 CC1-971.doc Page 93 "CC1 4/22/~BE~9 x:52 Remote ID Imprint ID /3 CERTIFICATE OF LIABILITY INSURANCE ~ OpTE1MmlDDlYY1 21 09 . 04/ / PRODUCER 1-303-534-4667 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INA of colo rado, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1550 17eh Serest ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 600 Denver, co 60202 INSURERS AFFORDING COVERAGE wsuftEO INSURER A'. BS tuminoue Insurance Com soles Heyl Construction Inc. INSURER R'. Bl tuminoue Ineu[anCa COmpaniee 6560 CA 335 INSURER GPinnacol Ae eurance New Castle CO 61647 INSURER D: , INSURER E: C(7V FR ef:FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ADOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMBS SHOWN MAV HAVE BEEN REDUCED BV PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY CLP3257416 10/Ol/OB 10/01/09 EACH OCCURRENCE $1,000,000 X COMMERCIAL GFNFRAI LIA6IL TTY FIRE DAMACF(Any onafira) $100,000 CI AIMS MADE OCCUR MED LXP (An Ana person) $5,000 X PD Ded: 1,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGCREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGC $2,000,000 POLICY % PRO LOC B AuT OMO8ILE LIABILITY CAP3524700 10/Ol/06 10/01/09 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea aaidenQ ALL OWNED AUTOS BGDILV INJUKV $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per acnoenq PROPERTY DAMAGE P itl l $ ( ar acc an ) GA RAGE LIABILITY ~ AUTO ONLY ~EA ACCIDENT $ ANV AUTO _ OTI ICR TI TAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY CUP26B3699 10/O1/06 10/01/09 EACH OCCURRENCE $ 1,000,000 X OCCUR ~ CLAIMS MADE AGGREGATE $ 1, 000, 000 __ $ DeoucnBLE $ _-_ X RCIENIION $10,000 $ G WORKERS COMPENSATION AND 4076279 10/Ol/06 10/01/09 X TORY LIMITS DCR _ _ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE-EA EMPLOYE $1,000,000 EI. DISEASE ~ POLICY LIMIT $ 1, 000, 000 OTHER 8 8 E DESCRIPTION OF OPERATIONS/LOCATION9IVEHILLE9IE%LLUSION9 ADDED aY ENDOR9EMENTISPECIAL PROVISIONS City of Asp an is included as Additional Insured on the General LSabili ty Policy if required by written contract or agreement and with respect to wo[k performed by Insured essbj ect to the policy terms and conditions. rconnr eTC unl ncR I I . reMrFl I ennN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE LPNLELLED BEFORE THE EXPIRATION C1 Cy Of Aap en DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION Oft LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR 130 S. Galena SCY6et REPRESENTATIVES. ABpen, CO 61611 USA AUTHORIZED REPRESENTATIVE / C ACORD 25.5 (7/97) hol ly22 11659050 O ACORO CORPORAI ION 79BB Certificate Delivery by Cerefica[esN oN - www.ConfirmNeLCOm - 677.669 8600 X2/2999 3:``2 Remo+e 1D Imprint ID ^ 6 1/3 tnsrrraace ~ert;ficH~~ Experts City of Aap an TO: Fall: 1-970-920-5119 Attn: Heyl Conat[uction Inc. FROM: Phone: IMA of Colorado, Inc. Agency: PhorlB: 1-303-534-4567 $U hJeCt: Certificate of Insurance - Heyl Conatructi on Inc. IP you have goes ti one regarding the content of Chia document, please contact the Producer/Agent listed on the car eif Scare of innuranca. cc: *S.DANLEY®HEYL CIVIL.COM (EMAIL) The data included in this notice and in the attached document is confidential to ConfirmNet and the party responsible for bringing you this information. 4/22/21709 3:52 Remote ID Imprint [D 6 3/3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 CONTRACT FOR CONSTRUCTION ~o"OFA~' THIS AGREEMENT, made and entered into on flvK~"L 20 n' 2009 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Heyc ConsTaucT,o.. 1 Kc. hereinafter called the "Contractor". WHEREAS, the City has caused to be prepazed, 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: 2ooq fo~c~~T~ Ren~ac~v~~T ~vtojo~l- 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: 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 ($ 224r 752 nQ 1 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 ate included herein by this reference and made a part hereof as if fully set forth here. .doc Page 97 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, transfer or 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 parry 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 azise 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. CC1-971.doc Page 98 °CC1 IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATT STED BY: RECOMMENDED FOR APPROVAL: City Engineering Department CITY OF PEN, COLORADO ` /~ Title: APPROVED AS TO FORM: _~ C' CONTRACTOR: II'' By: Q~U"cQ ~c. L Title: Pv.~sccQe~tT 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. .dx Page 99 "CC1 ,,,.. ~. Gopstrucfio~'~.,'. CERTIFICATE OF INCORPORATION ;~ ~a •'• p,POR,~ '•~~, z:' ~ SE~tL~ . (To be completed if Contractor is a Corporation) 1999 STATE OF C.~,war ) ' . C'p p4•'. SS. ~ .,CORP.. COUNTY OF Gtr On this ~ day of _ /~,~~~,/ ,-1~}~~9before me appeared me first duly sworn, did saf that s/he is _, i_ i instrument is the corporate seal of said corporation, and that sai behalf of said corporation by authority of its board of directors, instrument to be the free act and deed of said corporation. to me personally known, who, being by of _ and that the seal affixed to said 1 instrument was signed and sealed in and said deponent acknowledged said WITNESS MY HAND AND NOTARIAL SEAL the day and yeaz in this certificate first above written. ~ ©T ~ f; V e Notary Public --~<,~-- G ~Gd x'.1,935 ~ Y.G , l~ ~/Gs~ ~'c~~'^ _,r.. '.• Address My commission expires: ~f`! COf~Ml~Si0~4 ~X,PI~SCS ~ji1j~~~1C CC1-971.doc Page 100 "CC1 Certification and Supplemental Conditions to Contract for Services - Conformance with &8-17.5.101, et seq. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101. a. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the Owner, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a Contractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements ofthis new law. b. Defmitions. The following terms aze defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "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 aze merely incidental to the required performance. c. By signing this document, Contractor certifies and represents that at this time: 1. Contractor shall confirm the employment eligibility of all employees who aze newly hired for employment to perform work under the public contract for services; and 2. Contractor has participated or attempted to participate in either the a-verify progam or the department program in order to verify that new employees aze not illegal aliens. d. Contractor hereby confirms that: 1. Contractor shall not knowingly employ or contract with an illegal 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 confirmed the employment eligibility of all employees who aze newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program 4. Contractor shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contrail 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 subwntractor and the Owner within three days that Contractor has actual knowledge that the subcontractor is employing or subcontracting 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 stop employing or wntracting 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 any reasonable request by the Colorado Department of Labor and Employment made in the worse 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 Owner may terminate this Agreement. Ifthis Agreement is so terminated, Contractor shall be liable for actual damages to the Owner arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. Public Contract for Services//: ~~' C' (_(j~lj~,~~ [~', ~rri Contractor: ~ / C-O~ ~~~U~~o `t- ~ `'' By: Title: ~S I~<i~/~ JPW- saved: 4/22/2009-867-M:\city\cityatty\contract\forms\certification - hb-06-1343.doc NOTICE OF AWARD Date: April 17, 2009 PROJECT No.2009-026 RE: 2009 Concrete Replacement Project This notice of award is issued to inform you that following a competitive Invitation to Bid a determination was made that Heyl Construction's 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 Two Hundred Twenty Nine Thousand, Seven Hundred Fifty Two Dollazs ($229,752.00), 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 within seven (7) consecutive calendaz days of the hand delivery, fax or email transmission of this notice: 1. You must deliver three copies of the executed Contract Documents. 2. You must deliver 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 obtain a City of Aspen business/sales tax license if you do not already have one. Invoices will not be processed or paid until the license is on file. 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, Rebecca Hodgson Purchasing NA7-971.doc NA7 Bond Number. DVIFSU0489991 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Thatwe, tl1e undsrelgned, ae, Heyl Construction, Inc, havng a legal bushesa ~~ ~ 6560 County Road 335, New Castle, CO 81647 a Corporation as Prindpal, herelneftercalled `PdndpaP, and Intematlonal Fidelity Insurance Company One Newark Center, 20th Floor, Newark, NJ 07102-5207 a corpora0on organized under the laws of the State of New Jersey ,and qua00ed to transact business h the Stake of Colorado, hetehafter rpaAed'Surely', are held and ibmiy band urdo the City of Aapan, a Cobrado lwnre nee murYcipatlty, es Oblgee, herairmtter ca8ed'Clly', h the amourd of. Two Hundred Twenty Nine Thousand Seven Hundred Fifty Two end No/100 Dollars (y229.752.O01, h laudul money of the UnOed Sfates for paymerd whereof Pdrrdpal and Surety bind themselves, their heire, exewfors, admtrYstrators, aucceasoro and assigns, Johtly and aevere0y, ticmry unto these present WHEREAS, Pdntlpal has by wrtOen agreement dated Aorll 20 .20D8, entered hto a centred wOh Cily tar 2008 Concrete Rsplacemsnt end Pedestrian trnprovenlsnts fn eecordanoe wNh the Contract Documents uArktr Contract Documents la try reference made a pert hereof, and is hereinaOer referred to as tl1e Contract NQW, THEREFORE. O Prdxipal shell well, truly and faOhfidly perfaml Os dutlea, et the underlakinga, arvanants, lama, aondltlons and agreements of said Contract dudng the orighd term tFrereol, end any extenalons thereof which may be granted by the COy, wOh or without notice to the Surely and during the guarardy period, and O Prhdpel shat saOcty a8 dams and demands Incurred under such Contred, and shall fully Indemnity and save hannbsa City from ell coats and damages vrftbh h may salter by roaeon of failure tp do so, and ahal reimburse and repay the City ~ outlay and axpar~a which the City may Irlrarr M maktrp good arty defauO, then thlc obOgeOon shall tra void; otherwke it sfudl remain h tub force and effect. The Surely hereby waives rlalks aFany altaratbn orextansbn of tlrna made by the Cky. Whenever Pnc~ipal she0 be, and declared by City fn be h defauk under the Contract, Ore Clry having performed COys otlligatlon hereurder, Ore Surely may promptly remedy Oro defauk or slurO promptly: (1) Complete the Conlrad in axorderce with tie terms and condOlons, or (2) Obtain a bid or bids for. campletlng the Conked h accotdenca with Its tenna and condtlons, end upon delennhatlon by Surety of the lowest reaponsble bidder, or, O Ore City elects, upon detenrdnatbn by the Cry and Surety jointly of the bwest reeponalllle bidder, mange for a contract between such bidder and COy, end make available as work progresses (even though there should be a defauO or succession of defaults under the Contract or Contracts of compleOon arranged under this paragraph) auffideM firMs to pay the cost of wnlpleOon less the balance Of the contract prke, Inducting Other costs and damages for whidt the Surety may be tlable heretnder, the anarlnt set forth fn the Orot paagaph hereof. The farm baaanoe of the Contract price' a8 used h fhb paagreph, shall mean Ore total amourd peyabk by CNy to Pdr>cipel under the Cardred and any emendmerda thereto, leas the amount property paW by C[ty to Prhdpal. (3} Any contract or succeedan of contracts erderod Into hereunder for the completlon of Ore Contract, sha0 also be wb)ect to this bond es part of the odghel Contract oWtgatbns. ThIa bond is intended to ba M saOafactlon of, end in additbn tc, the bond required pursuant to Section 3&2&108, C.iZS., as amended. CC1-eT7.doc Papa 10S 'Y:C1 Bond Number. DVIFSU0489991 Thle bond, as a penally end IndemNflcetlon bond, shag also entl0e City fo recover sa pert of the comptetbn of the Contract or the payment of any labor or metedal cosb hereunder, actual and consequan9al damages, kquidaled and ungquklated damages, coat, reasonable ettomeys tees end expert witness fees, Inducting, without krrifetlona, the fees of enphieedng or archiDacturel consultants. Surely, for value recehred, hereby agpWetes and agrees that 1o indemNfy end save harmless the City to the extent of any and ar peymenta 6r conrrectlon with the eenying out of the contrail which the City may bs regaled to make under the law by any reason of such fellure or defeuk of the PrindpaL Further, Surety and PrNdpal shall probed, defend, Indemnky and save harmless the City's oflioers, agerds, servants, and empbyeea from and agalnat aq claims and actions and aA expenses lyddental fo the defense of surh claims or actions. based upon or adaing aut of in)uries or death oT persons or damage to properly caused by, or sustelned bt corarectlorr wkh, this Contrail by caxfiions created irereby, and on request of the Clry vulll assume the defense of any Beim ar scion brought against the City. No rtgtd of adios shall acaue on thts Band to or for the use of any pereon or corpaatbn other then the City named . herein or the employees, agents, adminlstratas or suteessors of City. SIGNED AND SEALED this 20th day of PRINCIPAL' Heyl Construe' n, I (seal) By: Attest ~e~ K 2009. Kristen L. McCormick, Talbot, Surety Witness ;'; ,^ . ~ '-. _r ,_ e+s - ~: it '. `S .~~+~' ;., ,l r;~' ,.., :!t.- NOTE Accompany ihk bond wih oartlied copy of General Power of Atlomey from the Surety b trrdude the date of the bond. (Date of BorM must not be pdor To date of Contred.) If Pdndpal Ia Partnership, aq partners should exea#e Band. GCt-971.doe ~ Papa la4 "CG7 Bond Number. DVIFSU0489991 PAYMENT BOND IWOW ALL PERSONS BYTHESE PRESENTS: Thetwe, the underelgned, ea, Heyl Construction, Inc. having a lapel business address ~ 6560 County Road 335, New Castle, CO 81647 a. Corporation as Pdnclpal, hereinafter cafied'Rhcipar, and International Fidelity Insurance Company One Newark Center, 20th Floor, Newark, NJ 07102-5207 a dorporetion organized under the laws of the State of New Jersey ,and quaffled to tensed business h the State of Caloredo, hereinaRer cafied 'Surety', are held and firmly bound uMo the CHy of Aspen, a Colorado home rule munfdpaily, as Obigee, Frereinaftat' called'Clly, h the amount of Two Hundred Twenty Nine Thousand Seven Hundred Fifty Two and No/100 Ddlars ~ 229,752.00 ), in lawful money of the UnPoad Slates for payment HAlareef Prindpal and Surety bind tlrernselves, tlrelr hslrc, exerxrtore, admWstrators, auaxesas and assigns, Jointly and severeAy, Ilnnly unto these present WHEREAS, Prlndpal lms by Hoiden agreement dated -April 20 , 20~ entered hto a eontred wMh the CQr for a project eMldad: X09 Cancreta Replacement and Pedasfrfan knprovamant Project no.20gg-D28 h aeeaderae witlt the Contred Docunbnts vahk7h CoMrad DoGSnerlta h by refaerae made a pert hereof, and is Iteretrtartar referred to as tlia Cordract, NOW, THEREFORE, THE CONDI110N OF THIS OBLIGATION b suoh that, N Pdndpel abet promptly make pa)mrard ib afi detrrerts herehelter defined, for a0 labor and ntatedal used ar reasoneby requtred for fhe use in the perfommnoe of the Canhad, Ihen 1Ms obpgetlon shall be void; otherwise h ahatl ramah h fop force and eRed, subject, however, to the tbfiowing ' ons: 1. A Claimant is defined as havng a dyed conbad with the Pdndpal or wdlh subcontredor d fhe Pdrrclpai for tabor, material, or both, used or reeaonebty required for the perforrnance of the Contract, labor end material being construed to hdtrde tllat part of water. gas, polder, Ilght, heat. oil, gasoline, telephone service or rer~l equipment dtredly appficeble to the Contract. 2 The abovsneme Prindpal and Surety hereby Jointly and aeverafiy agree wtdi the City that every claimant as heiein defined who has rat been paid In full before the expirefbn of ninety (90) days after the date on wh[ch the last of such clatrnenta work or labor was done or performed or materiels were fuMahed by such dalmard, may sue on this bond (or use of srich sums as may be Justly due claimant, and have execufbn thereon. The City shall nd be liable for the payment of any coats or expenses of any such soft. 3. tJo suit or actlon shall commence hereunder by arty claimant (a) Unless claimant, other than one having a dlred rbntrad with the Prtrtdpal shall have ghren written ndice to arty of the fo0owing: The Pdncipal, the City, or the Surety above named, wfiNn ninety (90) days after such cletrrrent dfd or performed the lest of the work or labor, or famished the Iaet of the material for which said claim is made, ateW~g w91r subatantlal aowrecy the amount claimed and the name of the party to whom the materials were famished, or for whom the wade of labor was done or performed. Such notice shad be served by maifing the same registered mefi or certified mall, postage prepaid, h an envebpe addressed to the Pdndpel, City ar Surety, at any place where an office. is regutady mairdairred for the transadlon of bustrress, ar served h any manner h whidi legal process maybe served in the State of Calarado. (b) After the expiration of one (1) year folbwfrxJ the dots on which Pdnclpel ceased work on saki Centred, it being understood, however, that ft any Ilmfiafbn embodied in this Bond is prehibitod by arty law contml6rg CC7-071.tloc Pepe 103 "CC1 Bond Number: DVIFSU048gggt the conabudlon troreof, such ttmttetlon shall be deemed to be emarded eo ea to be equal fo the m6dmum period of Ipnitafbn Permitted by such law. (c) Olher then in a state of competent Judsdkilon M and for the Counly of PMldn, 5taTe of Colorado. 4. The amount of this Bond shell be reduced b the edeM of any paymerd ar payments made herererder, tnchrelve of the paym~t by eurety of Bens or claims wMch may be Bbd of rocord agalnet the Improvement(s), whether or rot claim for the amount of each tlen be presented under and egalnatOda Bond. 5. TNs Bond is Intended to ba In saflsfaction of, and In addNbn to, the bond required pursuant to Section 3& ZtS-105, C.RS., es amended. 6. No final aetllement between the City and Prurcq~al shatl abridge the right of arty trenet[dary herermder, vrhose claim may be uuatlstied. SIGNED AND SEALED Ws 20th day at April ZOOg, p~gpaL; Heyl Cons do c. (~~ By: ~r ~ L atte~tB Tltle:~t~G~ewl ei ., ~~ ~;~ J' ~ ` Y i SU Intematfonal Fidelity Insurance Company , _ '~` ~ ~:~ 'r ?. ."; Kristen L. McCormick, Attome n Fact Jes ' Talbot, Surety Wttness ~ ~3• '~.°d/ ' •; ' ~ . ~`' Title: Y-i ~ ;,' .. .,nY ~'ii, NOTE Axarrpeny tNs bond with oertlfied copy of General Pourer of Attorney from the Surely Comperry f4 Include the date d the bond. (Data of Bond must not 6e prior fn date of Contract). tt Prindpai ro a Partnership, ell partners should ®tewte Bond. ccran.so~ raeeroe -ccr Bond Number. DVIFSU0489991 MAINTENANCE BOND KNOW ALL PERSONS BYTHESE PRESFJJTS, Thatwe, the undersigned, es Heyl Construction, Inc. , d 6560 county Road 335, New Castle, CO , ~ p~~, 81647 herdnafter referred to as "PrlndpaP, and International Fidelity Insurance Company, One Newark Center, 20th Ftoor, Newark, NJ 07102-5207 a corporation organized under the laxs of the Stets of New Jersey ,and qua011ed fi traneaa Iwsk»ss in the State of Cdarado, as "Surety" ere held and firmly bound unto the Ciry of Aspen, Cobredo, as obigm, herekratler referred to as "City," In the penal sum of Two Hundred Twenty Nine Thousand Seven Hundred Fifty Two end NoN00 ppl~$ ~3 229,752.00 1, lawftrl money of fire UrdOad Slates of Amerka, fir the Payment of which sum, we0 and wry fi be made fi the Cdy, vre biM ourselves, and our hake. executors, administrators, successes, and assignees, Jointly end severe0y, by throe presertb: tNHEREAS, saki Priidpel has entered Into a vrtttlan Contras with Ore oWlgee dated April 20 2009, forfumiehing all equpment, labor, tools and me~rials fir. 4009 Concrete Neplaument end PedeeMan knprovsmsrda h accordance vufih dulled plans and apedficetlana on foe in the oOfce of the Cliy Clerk of Bald City, a copy of whkh Cadres k attached hereto and made a pert hereof. NOW THEREFORE, Tha condltlona of the firegdng oblgatlau are such that C the said Pdndpal shell wall end troy perform ell the covenants and oondfibne of this Contract on the part of said Pdndpel to be performed, end repair or repleoe al defects for a pedod of two yeer{a) m provided heeh, and prded and save henrdeaa the COy of Aspen. Cabredo, 6orrr ell tree and damages fi Ofe a property wOered or sustained by arty person, firm or corpcvatbn, caused by mid Pdndpal or hb agents or his employees, h tiro pertormance of avid work, or by, ar h careequence of any negtlgence, aselesuress, or rNscendud h guaMng and proteetlng rams, or from any improper or defeetlve equipment qr materiab used'h the work, or other damages, costs and expenses and eat forth h such Contrails, then this ohtlpetlan aha0 he void ofhenMae fi remain in full face and eifed in law. Th[s Bad guarenfees that the material and equpment tarnished end used, and vuorWnarrshlp employed in the peAomrence of the work desa0red h this Contrail wtl be of such dtareder and quality as to insure tlfi be ttea from all detacffi and h amtlnuws good order and in a condition satlsfadory fi the (3oyemhg Body of the City of Aspen for a peiiod of two year(s) Iran the date of the Issuance of the Certificate otCompletbn. Thlv Bond guerentees Oral Ore said Pdndpal w(II keep and maintain Ora sul>lea wok without addtfional ctrerge or coat to the City of a perrad spedfied, and make such repairs a replacement of any defectlve conatructlon as the City may dram necessary. GCt-B71.dae ~ PaBe 1ST "CCt Bond Number: DVIFSU0489997 The said Prindpel shall rat be requirod to mainteln any pert of the lmprovemeM under ~b guarantee which, after Its oompletlon and acceptance ahdl have been removed ar altered by the CNy or Its agent SIGNm AND SFALF~ this 20th day of APdI .2008. p17WCIPAL• Heyl Cons ion, Inc. (~ I ey:0~,.f:d }- L Attest: s Mme: <-- SU Intemationa Fidelity Insurance Comps y ti -~~ ~ S? `"~ ~ (~'aap r _ pQ,,~~ rW~i~tn..ess: , ~. s K'~ :. "J• ^ ~ IWlFaft a ~ Jessi albot, Surety Witness '•i '~~;^~ ' t•,`-.' ;9;{ A: nde: Kristen L. McCormick, Attomay-in-Fact `-. w ... •~ (Accomparry this bond velih oartltled copy of General Paver of At6omey from the Surety Comparry to indude the dete.of the band.) CC7-077AOO Page 106 "CG1 !009 Concrete Replacement Project -Phase 1 Commercial Core) ,~`~ADA Ramp _ ,~ Replacement ' • /• ~ Curb and Gutter ~.~ J ~ Replacement ~•~ ~~ ~~ •/. i . i•~ . ~~~ ~, .• .c ~~ t ~~ • • r`~_ ~~ ,,_J ~• .~ • ~~- l~ • w ~ ~ C m t, • • ~ • • r ~l ~S . ~ • ~C_ / t' • o - • ~~ ~ • i / ~, i ~ ~c • /. ~.% Main • St~ee / .rte ~ w, ~ • • • d • ~_ t • •• ~•*r • •• y • l • • '~' • tQ HOpk~~ • a, s f` • AVe~4ei ~~• ~ w ~~ • • y ~'r- 1 ~ • ~~ ~ Location of Curb • . • Bulb-Out ~' ._ ~ • ~ MY11/ ~l ~/~l • ~ ~~ l l ~ '1~`'L • • ~~ • r • • / /~ '~Aw~~~~ ~1 7 • • • ~ • ~~ ~~/ X009 Concrete Replacement Project -Phase 11 Commercial Core) ~ ~ '~-~ ;~ ~ ~ r ~i a, ~, ~ / ~; ~, ~~ ~~~, ADA Ramp _~~ ~ x r' • ~~ ~; Replacement ~'~~, _ ~ , • ~~ ~ ~ ~~ ; r_~ ~~~ ~"~ ~ M~~n S a~ Curb and ~ ~ ~` , , ~~ \Gutter ~ ~ ~~~~,., - ' • ~ Replacement -~ ~ ~ ~ 'l ~. ~ ~ I I J ~.~ ~ ,` ~ ~~~~ y.l~ly _~•~• ~_ ~, ~,'~ c r; ' . _~ qp®~ A~eh _~ ~~~ r~ ~ %J•~': ~x ~ M ,~ ~.~ ,` , ~ ,~; ~~ ~ / (` ~~ ~~~' ,• ~~-~ y~_~ / ~ \ ~. L, • • ~~ -~ ~~~r ~~~~ -nom,.,. • • ~ J ~P1~1~137~ •~ ,~ _~ ~~ ~, ~ ~~ ~ 1 ~ w ~~~_ fE ~ i~~ ~ ~/~ ~~ bra ~~_e h u %p ~~ :uuy concrete rtepiacement rro~ect - rnase ~~~ Mill Street various ADA improvements) ADA Ramp ~ .Replacement Curb and ~ 9 Gutter ~~ ~ Replacement ~ ~'; . ~~ x~ y ~ ~ . ~/ • s iG I • ~/ ( • • / / • l~ ' f ~ ~ 0 Ma lh • ~~~,~ • t • ~ ~ /J ~~~,\.. ~~ ~ • i • • ~ L_ ~-i • • • ~ 1 i ~ +.~ ~ • ~ ~• • +~. '~ t s A v ~ ~Ua ` • ~ Hopk,n • • ~ . ~. . . l~~ ~~ ~ ~,._~ '/ ~1) ~e ~~N / ~~ ~~ ,. , 1• l~~~l .~