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HomeMy WebLinkAboutresolution.council.057-09RESOLUTION #S~- (Series of 2009) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND R.A. NELSON AND ASSOCIATES INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING COZY POINT CABIN RENOVATIONS 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 R.A. Nelson and Associates 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 R.A. Nelson and Associates Inc. regarding Cozy Point Cabin Renovations a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~' Z~" ~~ Michael C. Ireland ayor 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 August 10, 2009. Ka n S. Koch, City Clerk City of Aspen COZY POINT CABIN RENOVATIONS • • . • .;.. ;.. ; . • • • .;.. ; ..;. • • • • . ;.. ; . • . • . ; .. y . ;. • • • . ;..;.. ;. City Project Number: 2008-022 BID DOCUMENTS & CONSTRUCTION SPECIFICATIONS OPENING: 3:OOpm, January 26, 2009 For further Information, call (970) 920-5079 City of Aspen 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5080 FAX (970) 920-5119 CITY OF ASPEN 130 South Galena Street Aspen Colorado 81611 (970)920-5080 Project Title: Cozy Point Cabin Remodel Project No.: 2008-022 BID PACKAGE (Contract Documents) TABLE OF CONTENTS Invitation to Bid Pages Instruction to Bidders ........... ................................................. General Conditions .......... ............... IS1- ..................................................... Special Conditions ............ ............... GC1- .................................................... Technical Specifications ............. ............... SC1- ............................................. Qualification Statement ...... ............... TS1- .................................................... Bid Proposal ..................... ...............*QS1- .................................................. Bid Bond ............... ............... *BP1- ............................... .............................. ® Affidavit of Compliance ............. * .............. BB1- ............................................. Liquidated Damages Form ........... ............. *AC1- ............................................ . Notice of Award ............. ............. *LDI- ...................................................... Contract for Construction ...... ............... NA 1- ................. Certification and Supplemental Conditi ~ ~ ~ "' ~ CC 1- ons to Contract for Services - Conformance with §8-17 5 101 t HB-06-1343 . . , e seq. Performance Bond ........... ...................................................... Payment Bond ............... .......... **PB1- ....................................................... Maintenance Bond .......... ............**YB1- ....................................................... ,~ Contractor's License ......... ............ * *MB 1- ...................................................... p Notice to Proceed ............ ............**LC1- ....................................................... Daily Construction Log Form ............. .............. NP1- ....... ................................. Progress Pay Estimate Form ...... .............. ENG-304 ............................. ................... Change Order Form ............. ............... PE1- ................................................... Claim Release Form ....... .............. CO1- ......................................................... Project Closure Form ......... .......... *s*CR1- ...................................................... Appendices ..................... ............. PC1- ...................................................... Appendix One, Site Locations Map ........... ............. AP ........................... Note: Page Markings; * Pages to be executed b ' .............. AP 1 pnor to su m~ttmg 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. INVITATION TO BID Sealed bids will be received by the City of Aspen's Purchasing Office, 130 South Galena Street, Aspen, Colorado, until, 3:00 pm, January 26, 2009 at which time the bids will be publicly opened and read aloud, for the following City of Aspen project: Cozy Point Ranch Cabin Renovations Complete Bid Packages aze available from the Purchasing office, 130 South Galena Street, Aspen, Colorado or the Purchasing Department website: h //www aspennitkin com/dents/54/rfa and bid.cfm A pre-bid conference will be held at Cozy Point Ranch, 210 Juniper Hill Road, Aspen, Colorado on January 13, 2009 at 1:OOpm. Attendance at the pre-bid conference is essential to convey the bidder's questions regarding the plans and specifications to the Engineering Department. The pre-bid conference is not mandatory. The City reserves the right to reject any or all Bids or accept what is, in its judgment, the Bid which is in the City's best interest. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all Bids submitted. The Bid must be placed in one envelope securely sealed therein and labeled: "City Project Number: 2008-022 for "Cozy Point Cabin Renovarions", 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 maybe withdrawn within a period of six 60 calendar 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 PURCF4ISMG OFFICER INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION PROJECTS 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 prepared to assist Bidders in the preparation of their Bids. 2. The Contmct 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, ifany. E. General Conditions. F• Special Conditions. G. Bid Bond. H. Notice ofAwazd. I• Contract for Construction. J. Payment Bond. K. Perfonnance 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 Ciry 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 fiuther reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all bids submitted, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non- responsive or conditional Bids. Discrepancies between words and figures will be resolved 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: 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 may be obtained. C. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site, if any, to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiazize himself with federal, state and local laws, ordinance f~~ arize regulations that may in any manner affect costs, progress or performance of the Work; (d) himself with the unique weather conditions of the City of Aspen and surrounding azea that may affect costs, progress or performance of Work; and (e) study and cazefully correlate Bidder's observations with the Contract Documents. D. Reference is made to the Special Conditions and the Invitation fooBessf or erfoermancetof the Work specific requirements of the project or otherwise affecting cost, p gr p an Drawin s or which have been relied upon by the City of Aspen or a consultant in preparing Y g Specifications. These special provisions supersede the General Conditions in the Contract Documents. Before submitting the Bid, each Bidder will, at his/her own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. E. Reference is made to the Invitation for Bids to determine the place, date, and time for delivering sealed Bid proposal for this project. F. Bids shall be submitted at the time and place indicated in the Invitation for Bids and shall be included in an opaque sealed envelope, 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 sepazate 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 aze required by the Special Conditions, whereupon it will be returned; if the Successful Bidder fails to execute and deliver the Contract for Construction 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 Security of other Bidders will be returned within ten (10) days of the Bid award by the City Council. H. Reference is made to the Contract Documents for any Bid Forms that may be required to be completed as part of the Bid. Bid Proposal Forms, as required, must be completed in ink or by a printer/typewriter. The Bid price must be stated in words and numerals; in case of a conflict, words will take precedence. Bids by corporations must be executed in the corporate name by the president or avice-president (or other corporate officer accompanied by evidence of authority to s~e od orate address sand state of affixed and attested by the secretary or an assistant secretary. rP incorporation shall be shown below the signature. Bids by partnerships must be executed in the partnership named and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. I, Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted after thendaterfixed for opening of Bids. No Bid may be withdrawn for a period of sixty (60) day opening of bids. J. At the place, date and time fiXed for opening bids, all bids received prio 60 dats but the Citypmaycm opened and read aloud. All bids shall remain open for a period of thirty ( ) Y its sole discretion, release any Bid and return the Bid Security prior to that date. K. The City shall then evaluate each bid in the best interests of the City of Aspen. The bids shall be evaluated to determine which are the lowest responsive and responsible bids. In making that evaluation, total price, the evaluation criteria set forth in the Invitation for Bids, and the following specific criteria shall be considered: 1. The ability, capacity and skill of the bidder to perform the contract or provide the Service or 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 ofthe 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 affirmative action goal preferences set forth at Chapter 4.04 of the Aspen Municipal Code. 8• Any other criteria for evaluating Bids set forth in the Invitation for Bids. L. Prior to accepting a bid, the City may decide to interview one or more bidders to negotiate final 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) anexecuted copies of the Agreement with instructions to execute and return the same to the City within seven (7) consecutive calendar days or risk having their bid declared abandoned. If the City Council approval is required pursuant to Section 3-11 of the Aspen Municipal Code, then the City Council at its next regularly scheduled meeting following receipt by the Ciry of the duly executed copies of the Contract for Construction shall be asked to consider approval of the Agreement and authorize the Mayor of the City of Aspen to execute the same. If City Council approval is not required, then the Contract for Construction shall be executed by the City Manager. O. Upon receipt of Performance, Payment, and Maintenance Bonds, or other bonds when required by the Special Conditions, the City shall send to the Successful Bidder a Notice to Proceed duly executed by the City Engineer of the City of Aspen, and hold a mandatory Pre-constmction 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 [o the Special Conditions for the nature and amount of any required 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 aze sufficient in scope and detail to indicate and convey understanding of all terns 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 (~) days prior to the date of Bid openings may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 12. All City procurements, source selection, contract fomration, legal and contractual remedies, and standazds of conduct relating to procurements with the City of Aspen aze 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 confirm the employment eligibility of all employees who aze newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify That it does not employ illegal aliens. Revised by the City Attorney for Cozy Point Ranch Cabin Remodel Project CITY OF ASPEN, COLORADO GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (Version GC-97-2) TABLE OF CONTENTS Article 1 -Abbreviations, Definitions, and Provisions of General Applicability. I.1. Abbreviations ................................................................................... 1.2. Defini[ions ........................................................................................ Article 2 -Preliminary Matters. 2.1. Delivery of Bonds ..................................................................................................... 2.2. Copies of Documents ................................................................................................ 2.3. Commencement of ConVact Time, Notice to Proceed ............................................. 2.4. Starting the Project .................................................................................................... 2.5. Before Starting the Project ........................................................................................ 2.6. Pre-conswction Conference ........_ ....................................................................... 2.8 Project Progress Meetings .......................................................................................... Article 3 -Contract Documents, Intent, Amending, Ownership, Escrow Bid Documents 3.1. Intent ................................................................................................................................... 3.4. Amending and Supplementing ConVact Documents .......................................................... 3.6. Reuse ofDocuments ......................_................................................................................... 3.7. Precedence of Documents .................................................................................................. Article 4 -Availability of Lands, Physical Conditions, Reference Points. 4.1. Availability of Lands .......................................................................................................... 4.2. Physical Conditions ............................................................................................................ 4.2.1. Exploration and Reports .................................................................................................. 4.2.2. Existing S[mcmres ........................................................................................................... 4.2.3. Report of Differing Conditions ........................................................................................ 4.2.4. Engineer's Review ........................................................................................................... 4.2.5. Possible Document Change ............................................................................................. 4.2.6. Possible Price and Time Changes ..............._.............................._.................................., 4.3. Physical Conditions -Underground Facilities .................................................................... 5 5 ................................................................. 8 ................................................................ 8 ............................................................... 8 ................................................................. 9 ................................................................. 9 .................................................................. 9 ................................................................. 9 ........................................................................... 10 .......................................................................... 10 ........................................................................... 11 .......................................................................... 11 ........................................................................ 11 .......................................................................... I 1 ............................................................................. 12 ........................................................................... 12 .......................................................................... 12 ......................................................................... 12 .......................................................................... 12 4.3.1. Shown or Indicated ............................................................................................................... 4.3.2. No[ Shown or Indica[ed ........................................................................................................ 4.4. Land Surveys & Reference Points ........................................................................................... 4.5. Protection of Existing Vegeta[ion ............................_...__......................_...__................___.. 4.6. Hazardous Ma[erials ................................................................................................................ 4.7. ConVac[or's Represenmtions ................................................................................................... Article 5 -Bonds, Indemnification, Liability, and Insurance 5.1. Performance, Payment, Maintenance and Other Bonds ............................................................................................................................... I S 5.2. Indemnification ............................................................................................................................................................................................... I S 5.3. ConVactor's Insurance .................................................................................................................................................................................... 15 5.4. City's Liability Insurance ................................................................................................................................................................................ 17 Article 6 -Contractor's Responsibilities. 6.1. General Responsibilities ................................................................................................. ................................................................................ 17 6.2. Supervision and Superin[endence .................................................................................. ................................................................................ 17 6.3. Labor, Materials, and Equipmen[ ............................................................................... ................................................................................... 18 6.4.-6.7 Reserved .......................................................................................... ............................................................................. 18 6.8 Sub-conVactors, Suppliers and Others ............................................................................ ............................................................................... 19 6.9 Sub-convacting .......................................................................................... .................................................................... 20 6.10 Paten[ Fees Royalties, Permits ......... _.. _ .............. _... _.._.....................__.....__. .................................. _............................... 20 6.11 Permits ...................................................................................................... ....................................:............................. 20 6.12 Laws and Regula[ions ............................................................................... ........................................................................ 20 6.13 Taxes ..................................................................................................... ....................................................................... 21 6.14 Use of Premises ........................................................................................... ..................................................................... 21 6.15 Record Documents ..................................................................................... ..................................................................... 2l 6.16 Safety and Pro[ec[ion ............................._........................................_....._.. ............_...._.................................................. 21 6.17 Emergencies ............................................................................................. ...................................................................... 22 6.18 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 Si[e .................................................................................................... .................................................................................. 24 7.2. Coordination .....................................................................................................:.......... ................................................................................. 24 Article 8 -City's Responsibilities. 8.0 . ........................................................................................................................................................ 25 Article 9 -Engineer's Status During Construction. 9.1. City's Representative ............................................................................................................... ..................................................................... 25 9.2. Visits to Site ......................................_....._......__................................................................... ....................................................................... 25 9.3. Project Representation ............................................................................................................ ...................................................................... 25 9.4. Clarification and Interpretation ............................................................................................... ................_......_............................................ 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 Aesponsibili[ies ................................................................. ......................................................... 27 Article 10 - Changes in the Work 10.1. City Initiated Changes ......................................................................................................................................................... ................................ 27 10.2. Work Directive Change .................................................................................................................................................... .................................. 27 10.3. Change Order ................................................................................................................................................................... .................................... 28 0.4. Contractor Change Request .............................................................................................................................................. .................................. 28 10.5. Down Time 10.6. Submittal Requirements and Waiver of Claims ..............................................._........_....................................................... ............_................ 29 Article 11 -Changes of Contract Price. ILL Contract Price Adjustments..........._ .................................................................._........................................._.................. ........................._........ 29 1L2. Contract Time Adjustments .............................._...__...................................................................................................... ...._.............................. 29 11.3. Force Account Work ........................................................................................................................................................... ................................. 30 11.4. Contract Sum Detennination ........................................................................................................................................... .................................... 30 11.5. Cost and Pricing Data ....................................................................................................................................................... ..................................... 32 11.6. Variation in Quantity of Unit Priced I[ems .................................._..................................................................................... ............................... 32 Article 12 -Reserved. Article 13 -Warranty and Guarantee (Maintenance Bond); Tests and Inspection; Correction, Removal or Acceptance of Defective Work 13.1. Warranty ................................................................................................................................. ............................................................................ 33 13.2. Access to Work ...................................................................................................................... ............................................................................. 34 13.3. Tests and Inspections ............................................................................................................. .............................................................................. 34 13.4. Uncovering Work ................................................................................................................... .............................................................................. 35 13.5. City May Stop the Work .......................................................................................................... ............................................................................ 35 13.6. Corection or Removal of Defective Work ............................................................................. ............................................................................ 35 13.7. Correction Period .................................................................................................................... ............................................................................. 35 13.8. Acceptance of Defective Work ................................................................................................. ............................................................................. 35 13.9. City May Cortect Defective Work ....................................._..........................................___... ............................................................................ 36 13.10. Unauthorized Work ................................................................................................................ ............................................................................ 36 Article 14 -Payments to Contractor and Completion. 14.1. De[ennination of Work Value ....................................................................................................................... ..................................................... 36 14.2. Application for Progress Payment ................................................................................................................. ...................................................... 36 14.3. Contractor's Warranty of Title .......................................................................................................................... .................................................. 37 14.4. Engineer's Review of Progress Payments ..................................................................................................... ..................................................... 37 14.5. Substantial Completion.._ ........................................................................._.................................................. __...........__....._............... _.._...... 38 14.6. Partial U[iliza[ion .............................................................................................................................................. ................................................... 38 14.7. Final Inspection .............................................................................................................................................. ..................................................... 39 14.8. Final Progress Payment ................................................................................................................................. ....................................................... 39 14.9. Settlement Date, Notice to Subcontractors, Acceptance and Final Paymen[ ......._ .....................__................. ................................................... 39 1410 . Contracmrs Continuing Obligation ......................................_.....................__........................_............_...... ..........._..._.................................. 39 14.11 . Time for Completion and Liquidated Damages ........................................................................................ .......................................................... 40 Article 15 -Suspension of Work and Termination 15.1. City May Suspend Work ...................................................................................................................................... ............................................. 41 15.2. City May Tertninate ....................................................................................................................................... ..................................................... 41 15.5. Convector May Stop Work or Terminate ............................................................................................................ .............................................. 42 Artcle 16 -Miscellaneous. 16.1. Nondiscrimina[ion .................................................................................................................................................. ........................................... 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 lnteres[ ................................................................................................................................................ ............................................. 43 16.7. W armnties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest ............................................ ............................................ 44 16.8. Payments Subject to Annual Appropriations .......................................................................................................... .......................................... 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. Audi[ .............................................................................................................................................................. ..................................................... . 46 INTRODUCTION The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all, unless certain services or equipment are specifically excluded. These General Conditions have been prepazed to be incorporated by reference into the Contract entered into between the City and the Contractor In the event of conflict or inconsistency among the Contract Documents, the order of precedence set forth in the Contract for Construction shall govern the interpretation of the Contract between the City 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 requved to be defined in the Proposal by the Contractor shall have the meaning given to them in the Proposal to the extent that they are not in conflict with any other part or term of the Contract Documents. ARTICLE 1 -DEFINITIONS 1.1. Whenever the words, forms, or phrases defined herein, or pronouns used in their place 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 Transportation, State of Colorado O&M Operations and Maintenance DHA Detailed Hazards Analysis EBD Escrow Bid Documents EIA Electronic Industries Association EPA United States Environmental Protection Agency FCC Federal Communications Commission FHWA Federal Highway Administration FTA Federal Transit Administration HVAC Healing, 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: 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 secwity, famished by the Contractor and his/her swety 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, General Conditions, Special Conditions, Contract for Construction, Bid Bond, Notice of Award, Payment, Performance, and Maintenance Bonds, Drawings identified in the Contract Documents or attached as part of the Bid, and Specifications identified in the invitation to Bid or attached as part of the Bid, Affidavit of Compliance form, Liquidated Damages form, Contractor's License form, Daily Construction Log form, Progress Pay Estimate form, and Insurance Certificates. Contract for Construction -The written agreement between City and Contractor covering the Work to be performed Contractor -The qualified responsible and responsive firm or corporation with whom the City has entered into the Contract for Construction. Contract Price -The moneys payable by the City to the Contractor under the Contract Documents as stated in the Contract for Construction (subject to the provisions of paragraph 11.4.), except for the Minor Contract Revisions item(s) which are subject to the City's written authorization for expenditure. Contract Time -The number of the consecutive calendar days or the working days and/or the deadline set in the Contract Documents for the completion of the Work. Daily Construction Log -The form furnished by the City Engineering Department, used by the City Project Inspector to record the Contractor's daily work quantities and project events. Daily construction log is the only verifiedjustification for payment to the Contractor. Defective -An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to the Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by the City at Substantial Completion in accordance with paragraph 14.5 or 14.6). Drawings -The part of the Contract Documents which show the character and scope of the Work to be performed and which have been prepared or approved by the Engineer. Effective Date of the Contract for Construction - The date indicated in the Agreement on which it becomes effective, but if no 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. Engineer -The person, firm, corporation or the City Engineer, named as such in the Contract Documents. Field Order -A written order affecting a change in the Work not involving an adjustment in the Contract Time, issued by the Engineer to the Contractor during construction. Hazardous Materials -The term "Hazardous Materials" shall have the meaning set forth at 42 U.S.C. ' 9601(14) and regulations promulgated pwsuant thereto. Laws and Regulations; Laws or Regulations -Laws, roles 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 mn 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 City of Aspen Municipal Code. Progress Pay Estimate -The form famished by the City Engineering Department, which is to be used to record, approve, and process payment when the Contractor requests progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Project -The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Project Inspector -The authorized Civil Engineer or Civil Engineering Technician, designated by the City Engineer to observe constmction, materials placement and testing and to prepare the Daily Construction Logs and field reports. Punch List - A form or letter that lists all incomplete or deficient Bid items, and is prepared upon substantial completion of the Work by the City Project Inspector. Shop Drawings -All drawings, diagrams, illustrations, brochures, schedules and other data which aze 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 prepazed by a Supplier and submitted by the Contractor and the Sub-contractor to illustrate material or equipment for some portion of the Work. Specifications -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 firm or corporation having a direct contract with the Contractor or with any other Sub-contractor for the performance of a part of the Work at the site. Substantial Completion -The Work (or a specified part thereof) has 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. Underground Facilities -All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish 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 separately identifiable parts thereof requved to be famished under the Contract Documents. Work is the result of performing services, famishing labor and famishing and incorporating materials and equipment into the construction, all as required by the Contract Documents and those not specifically mentioned but necessary for successful completion of the Bid items. Written Notice or Written Notice of Amendment -A written amendment of the Contract Documents, signed by the City and the Contractor on or after the Effective Date of the Contract for Constuction and normally dealing with the non-engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents ARTICLE 2 -PRELIMINARY MATTERS 2.1 Delivery ojBonds: When Contractor delivers the executed Contracts to the Engineering Department, the Contractor 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 furnish 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 of Contract 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, indirectly, or by implication, no Contract shall be in effect nor shall be binding upon the City until such time as the Contract is executed by the City pursuant to authority granted in accordance with Section 4-08-040 of the Procwement 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 Inswance, as aze requved, and any other documents required to be delivered by the Special Conditions and Addenda(s) if any issued. The Contract Time will commence to mn 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 mn, but no Work shall be done at the site prior to the date on which the Contract Time commences to mn and prior to a mandatory pre-constmction conference conducted by the City. 2.5 Before Starting Jke Project: Before undertaking each part of the Work, the Contractor shall carefully study and compaze the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measwements. 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 Davs after the Effective Date of the Contract (unless otherwise specified in the Special Conditions or General Requirements), the Contractor shall submit to the Engineer for review: 2.5.1.1. An estimated progress schedule indicating the starting and completion dates of the vazious stages of the Work; 2.5.1.2. A preliminary schedule of Shop Drawing submissions; and 2.5.1.3. Quality Control and Quality Assurance (QA/QC) plan and policy to identify the specific steps the Contractor will take to ensure the highest quality in the constmcted Bid items. 2.5.1.4. A Work Zone Safety Implementation & Enforcement Plan with specific action process. 2.5.2. Before any Work at the site is started, the Contractor shall deliver to the City and the Engineer, copies of certificates (and other evidence of insurance requested by [he City) which the Contractor is required to pwchase and maintain. 2.6Pre-construction Conference: 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-constmction 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 progess, and other project related issues to ensure efficient and smooth progress of work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Intent: The Contract Documents comprise the entire agreement between the City and the Contractor concerning the Work. The Contract Documents 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. 3.1.1. 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 infen•ed 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 awell-known technical or trade meaning aze used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations 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 their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer, or any of the Engineer's consultants, agents or employees, any duty or authority to supervise or drect the furnishing 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 Supptementrng Contract Documents: The contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.2.1. A formal Amendment of the Contract for Construction; 3.22 A Change Order pursuant to paragraph 10.3. As indicated in Article 11 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 may be 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 paragraph 9.4). 3.3 Reuse ojDocuments: 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 in any of the design details, drawings or specifications. 3.4 Precedence ojContract Documents: The Contract governs over the Contract Documents. A Change Order governs over all other Contract Documents impacted by change. The Special Conditions govern over the General Conditions. ARTICLE 4 -AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 4.1 AvailabiliryofLands: 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 nontechnical 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 skill and competence with respect to reliance upon the accuracy of the technical data contained in such reports. 4.2.2. EXISTING STRUCTURES: Reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referzed 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. 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 Contractor shall promptly, after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.22) notify the City and the Engineer in 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 in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. POSSIBLE PRICE AND T[ME ADJUSTMENTS: In 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 are attributable to any such inaccuracy or difference as described in Section 4.2.3. The Contractor shall meet and obtain approval from the City Engineer or his/her designee prior to implementing any such change in the Work. 4.3 Physical 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.L2. 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 Undergound Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Undergound Facilities during construction, for the safety and protection thereof as provided in pazagaph 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 aware of, Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragaph 6.17.]), identify the owner of such Undergound Facility and give written notice thereof to that owner and to the City and the Engineer. The Engineer will promptly review the Undergound Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Undergound 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 Undergound 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 in the Contract Documents and of which the Contractor could not reasonably have been expected to be aware of such Undergound Facility and subject to acceptance and approval by the Engineer. 4.4 Reference Points: 4.4. The City shall provide engineering surveys to establish reference points for construction which in the Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or re-locations without the prior written approval of the City. The Contractor shall report to the Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in gades 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 all 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 land and monuments and property marks until the the Engineer has witnessed or otherwise referenced then 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 dvect or induect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct by the Contractor in the execution of the Work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury 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 in the field by the Engineer However, the fact that areas of vegetation and other environmental features aze not marked shall not necessarily mean that those items are expendable. The Contractor shall perform all his activities in 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 General 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 disturbs any of the landscape not called for removal, he/she shall restore those areas as directed at the Contractor's expense. 4.5.9. The City may require that the 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 value of the trees or shrubs will be deducted from any money due to the Contractor. These values shall be based upon averages derived from current prices of nurseries growing the plants, plus the cost for planting and a guarantee for the first growing season. 4.5.10.2. When trees or shrubs beyond replaceable size have been damaged or destroyed, the value of such trees or shrubs shall be calculated as per square yard of surface area measured at the ground level. 4.5.10.3. Any deduction assessed as liquidated damages under this section shall not relieve the Contractor from liability for any damages or costs resulting from delays to the City, traveling public or other contractors. 4.6 Hazardous Materials 4.6.1. Prior to commencement of any Work and as a condition precedent to payment by the City of any costs for it, the Contractor shall at no additional cost to the Ciry conduct tests the Contractor deems necessary to determine the existence of Hazadous Materials by appropriately licensed Subcontractors or entities. The City shall reimburse the Contractor for the invoice costs of the tests, only in the event that the Contractor furnishes the City with certified test data and results which confirm the existence of Hazardous Materials. 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 Hazardous Materials), including, to the extent required, any grading and reinforcement necessary to restore the weight-beazing capacity of such real property prior to such even[. The City shall remove the Hazardous Materials and restore the real property in such a manner as not to interfere with the Contractor's construction or operation of the Project. 4.6.3. If Hazardous Materials are present on or under the Project right-of--way as a result of any dischazge, dumping or spilling on the Project right-of--way during the term of the Contract by any party, including the Contractor, other than an agency of the executive branch of State or Federal Government, the Contractor shall at the Contractor's sole cost and expense, cause any such Hazardous Materials to be encapsulated, treated or removed from the Project right-of--way and transported for final disposal 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 grading and reinforcement necessary to restore the weight-bearing capacity of the Project right-of--way prior to such event. 4.6.4. The City shall not be responsible for the cost of and the removal or clean-up of Hazardous Materials found in any materials brought to the Project Site, after the Project Site is fumed over to the Convactor. 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 requvements of the Contract Documents. ARTICLE 5 -BONDS, INDEMNIFICATION AND INSURANCE 5.1 Performance, Payment, and Maintenance Bonds: 5.1.1. Contractor shall famish performance, payment, and maintenance Bonds, each 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 closure, except as otherwise provided by the Contract Documents. The Contractor shall also famish such other Bonds as are requved by the Special Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circulaz 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.1.2. If the surety on any Bond famished by Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of pazagraph 5.1, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to the City. 5.2 Indemnification: To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by the insurance policies purchased by the Contractor in accordance with this Agreement, the Contractor shall indemnify and hold harmless the City, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses or expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage loss or expenses is amibutable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expenses is caused in part by a party indemnified hereunder. Such obligation shall not be constmed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described hereinabove. 5.3 Contractor's Insurance: 5.3.1. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 5.2 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 5.2 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. 5.3.2. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 5.2 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 5.3.2.1. Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of qualified self- insured status may be substituted for the Workmen's Compensation requirements of this paragraph. 5.3.2.2. Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazazds. 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 in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Contractor providing services to the City under this contract. 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 azising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. 5.3.4. The certificate of insurance provided by the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) davs 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 Contractor.and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's 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 coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. 5.3.7. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 5.4 City's Liability Insurance: 5.4.1. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Shazing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business 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 time to time amended, or otherwise available to City, its officers, or its employees. Further, nothing in the Contract Documents shall be construed or interpreted to require or provide for indemnification 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 requred 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 in accordance with those professional standazds 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. 6.2 Supervision and Superintendence: 6.2.1. The Contractor shall supervise and direct the Work competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2.2. The Contractor shall keep on the Work at 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. 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, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, 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 famish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, 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 pazagraph 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 progress reports, estimates, records, and other data as the City may require concerning work performed or to be performed. 6.7.2. Prior to beginning of Work and or before the Pre-construction Conference, the Contractor shall submit schedules showing the order in which he/she proposed to carry on the Work, including dates at which he/she will start the various parts of the Work, estimated date of completion of each part. 6.8 Substitutes of "or-equal" items: 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 particular Supplier the naming of the item is intended to establish the type, function and quality requred. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by the engineer if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to that named. The Engineer will include the following as supplemented in the General 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 furnish or use a substitute item of material or equipment, the Contractor shall make written application to the Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice the Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any 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 vaziations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly 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 famish at Contractor's expense additional data about the proposed substitute. 6.8.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, the Contractor may famish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Engineer. The procedure for review by the Engineer shall be similaz to that provided in pazagraph 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 requre the Contractor to famish at the Contractor's expense a special performance guazantee or other surety with respect to any substitute. The Engineer will record time required by the Engineer and the Engineer's consultants in evaluating substitutions proposed by the Contractor and in making changes in the Contract Documents occasioned thereby. Whether or not the Engineer accepts a proposed substitute, the Contractor shall reimburse the City for the chazges of the Engineer and the Engineer's consultants for evaluating each proposed substitute. 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 City and the Engineer as indicated in pazagraph 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 are to furnish the principal items of materials and equipment to be submitted to the City in advance of the specified date prior to the Effective Date of the Agreement for acceptance by the City and the Engineer and if the Contractor has submitted a list thereof in accordance with the Special Conditions, the City's or the Engineer's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, 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 indvect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the City or the Engineer and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part 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 required by Laws and Regulations. 6.9.4. The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.9.5. All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between the Contractor and the 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 a just share of any insurance moneys received by the Contmctor 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), in excess 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. 6.11 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 in 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 City shall assist the Contractor, when necessary, in obtaining such permits and licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which aze applicable at the time of opening of Bids on the Effective Date of the Contract. The Contractor shall pay all charges of utility Citys for connections to the Work, and the City shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.13 Laws and Regulations: 6.13.1. the Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing 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 pazagraph 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 similaz 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 induect 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 sepazately 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. 6.1 S (Ise of Premises: 6.15.1. The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in, and permitted by, the Contract Documents and other land and areas permitted by Laws and Regulations, 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 azea, 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 permitted by Laws and Regulations, indemnify and hold the City and the Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, 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. 6.76 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 Dvective 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 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 connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.17.1.1. All employees on the Work and other persons and organizations who maybe affected thereby; 6.17.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.17.1.3. Other 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 Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary 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 refereed 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 directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the Engineer has issued a notice to the City and the Contractor in accordance with Section 14.5 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.17.2. The Contractor shall designate a person competent in 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 signi£cant changes in the Work or variations from the Contract Documents have been caused thereby. [f 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 bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as the Engineer may requve. 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 infonmation 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 vaziation. 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 requved number of corcected 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 vaziation 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 vaziation 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 pazagraph 6.19.3. 6.19.2 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 azise, 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 furnished 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 right 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 harmless 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 dischazged at its own expense by bond, payment or otherwise within thirty /301 consecutive calendar davs 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. 6.20.3. The Contractor agrees that moneys received for the performance of this Contract shall be used fvst 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 financial 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 progress schedule during all disputes or disagreements with the City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted herein or as the Contractor and the City may otherwise agree in writing. 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 are not necessazily limited to, the following: (a) job site office space, (b) constmction water distribution, (c) temporary closures, (d) temporary heat, (e) hoists and temporary cranes, (f) temporary roads and paving, (g) constmction 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 famished by the Contractor without expense to the City. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by it at its expense upon completion of the Work. ARTICLE 7 -OTHER WORK 7.1 Related Work at Srte: 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 disruptions. 7.1.2. The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the City if the City is performing the additional work with the City's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. The Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Architect and the others whose work will be affected. The duties and responsibilities of Contractor under this pazagraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the City and such utility owners and other contractors. 7.1.3. If any part of the Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or the City), the Contractor shall inspect and promptly report to the Engineer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Work except for latent or non-appazent defects and deficiencies in the other work. 7.2 Coordination: If the City contracts with others for the performance of other work on the Project at the site, the person or organization of the activities among the vazious prime contractors maybe identified in the Special Conditions, and the specific matters to be covered by such authority and responsibility may be itemized, and the extent of such authority and responsibilities may be provided, in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the 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 furnish the data required 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 Contractor is given a written assurance that a lawful appropriations to cover the costs of the additional work shall be made. ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION 9.1 City's Representative: The Engineer shall be the City's representative during the construction period. The duties and responsibilities and the limitations of authority of the Engineer as the City's representative during construction aze set forth in the Contract Documents and shall not be extended without written consent of the City and the Engineer. 9.2 Visits to Site: The Engineer shall make visits to the site at intervals appropriate to the vazious stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer shall make on-site inspections to observe the quality or quantity of the Work. The Engineer's efforts will be directed 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 guazd the City against defects and deficiencies in the Work. 9.3 Project Representation: If the City and the Engineer agree, the Engineer will famish a Resident Project Representative to assist the Engineer in observing the performance of the Work. The duties, responsibilities and 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 Clarification and Interpretations: The Engineer will issue with reasonable promptness such written clazifications or interpretations of the requvements 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 aze consistent with the overall intent of the Contract Documents. These may be accomplished by a written request or a field order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. If the Contractor believes that a field order justifies an extension of the Contract Time and the parties are unable to agree as to the extent thereof, the 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. 9.7. Shop Drawings, Change Orders and Payments: 9.7.1. In connection with the Engineer's responsibility for Shop Drawings and samples, see paragraphs 6.19.1. through 6.20.1. 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 furnishing of the Work and claims under Articles 11 and 12 in respect to changes in the Contract Price or Contract Time shall be referred initially to the Engineer in writing with a request for a formal decision in accordance with this pazagraph, 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 pazagraph 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 Subcontractor, 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 "reasonable", "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. ARTICLE 10 -CHANGES IN THE WORK 10.1 City Initiated Changes 10.1.1. The City may require, without notification to sureties, the Contractor to perform changes, additions or deletions to the Work at anytime after execution of the Contract without invalidating the Contract. Changes shall be accomplished as set forth in Section 3.2, above. 10.1.2. The Contractor shall promptly perform changes in the Work in accordance with applicable provisions of the Contract Documents, unless otherwise provided in a Change Order or Amendment to the Contract for Construction. 10.1.3. The following procedure shall be followed for the City notifying the Contractor of proposed City initiated changes. The Engineer shall issue a notice informing the Contractor of a planned change in the Work and its scope, and requesting the Contractor's detailed price proposal. The Contractor, at no expense to the City, shall submit a priced proposal for performing the proposed change in the Work. The Contractor, within Ten /10) consecutive calendar dc~s 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 amibutable 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 incurced 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. 10.1 Wrinen Notice oJChange 10.2.1. A Written Notice of Change may be used when: a) The City determines that the Contractor must proceed immediately to perform a change in the Work in order to avoid an adverse impact on the schedule or other unchanged Work, and sufficient time is not available to negotiate an adjustment to the Contract Price or Contract Time; or b) The City and Contractor have not completed their negotiation and reached 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. 10.3 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 10.41. If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the Engineer or, (ii) identifies what it believes aze design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Work; or, (v) becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Engineer prompt written notice of such matters in a letter or notice denominated "Contractor 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, directives, interpretations, determinations, or the discovery of any errors 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 (10) consecutive calendar davs after they were received or discovered. 10.8.4. With respect to any differing site conditions, a Contractor Change Request shall be submitted before the conditions are disturbed, but in no event more than Ten (/0) consecutive calendar dam after the conditions aze first discovered. 10.4.5. With respect to delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the delay, but in no event more than Ten (10) consecutive calendar davs 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 (70) consecutive calendar days after the Contractor becomes aware of such circumstance or matter. 70. S 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 Subm/tta/Requirements and Waiver of Claims 10.6.1. If the Contractor does not submit a Contractor Change Request within the time requved above, any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, will not be considered by the City as a change to the Work and the Contractor waives any claim for an adjustment on the Contract Price or the Contract Time. 10.6.2. The Contractor shall, within Ten (101 consecutive calendar davs submit in detail, a Contractor Change Request, and provide the Engineer a complete and itemized proposal which contains the information described in Article 11. The proposal shall also contain a detailed explanation, citing all applicable provisions in the Contract Documents, which supports the Contractor Change Request. If the Contractor does not submit its itemized proposal within the time described above or within such extension which the Engineer, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract Price or Contract Time azising 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 paragraphs 10.4.1. through 10.4.6. ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACT TIME ILI 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 require the Contractor to produce in order to permit the City to evaluate the Contractor's lump sum change order proposals. In pricing this proposal, the Contractor shall include estimates of the type of costs described in Section 11.4 below. 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 IL2 Contract Time Adjustments. 11.2.1. Any extension of the Contract Time must be requested in a Contractor Change Request which complies with all of the requirements 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. If abnormal weather conditions are the basis for a claim for an extension of the Contract Time, such claim shall be documented on the City of Aspen Engineering 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. Regardless of actual weather conditions, any day in which the Contractor is able to work SrxN 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 City may duect 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 th 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. 11.3.2 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 of base contract Work, Work included in approved Change Orders, Work described th Work Directive Changes, idle time for workers and/or equipment when work could have been performed in other locations or the number of workers or amount of equipment provided exceeds the number or amount required to perform the Work, unsatisfactory Work or Work which may be performed concurrently with the changed Work and which cannot be easily segregated from the changed Work. The worker hours, equipment hours, and materials installed shall be logged on the City of Aspen Engineering Department's Daily Construction Log form for every day the work is performed. 11.4 Contract Sum Determination 11.4 In no event shall the chazge or credit to the City associated with any change exceed the sum of the following: 11.4.1 Drect 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 salazied field personnel) that perform the individual change in Work full-time. For shop work, the dvect labor includes workers who work directly on the item being manufactured or operators of equipment behrg used to handle items being manufactured. 11.4.2 Labor Burden. Contractor's actual costs for workers compensation and liability insurance, payroll taxes, social security and employees fringe benefits (including employer paid health insurance) imposed on the basis of payrolls. This 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, Supplies, Installed Equipment. Actual net direct cost of materials, supplies and equipment incorporated in or consumed by the Work. [f 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 Eouioment. 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 baze 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. Mobilization/demobilization cost will be based on using the least expensive means to mobilize or demobilize. Equipment shall be obtained from the neazest available source. When the least expensive methods are used, then costs shown in the actual invoice will be the basis for pricing. 11.4.5 Bonds. Insurance. Permits and Taxes. Actual increases or decreases in the cost of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work. 11.4.6 Subcontract Costs. Net cost of subcontractor work at any tier, provided that the. cost of the subcontractor is determined in accordance with the above requirements. When possible, the Contractor shall obtain quotes from two or more subcontractors. 11.4 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 aze involved. a~a`~rd a~l°~~S~~s~~~lg from a chan Pfr~~~I~~1rtS an Dowt4~~Ki~fl$~1 not constitute an Ci cause for delay or disruption. 11.5 Cost and Pricing Data 11.5.1 Certificate of Curcent Cost or Pricing Data. The Contractor shall submit a Certificate of Curcent 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 are not unit prices or lump sum prices established by the Contract, statements by the affected vendors that the prices are not in excess of those previously chazged to the City or the supplier's regulaz commercial customers for the same items. 11.5.3 Price Reductions for Defective Costs or Pricine Data. If it is later determined that pricing adjustments to the Contract were not correct due to incomplete or inaccurate pricing data by the Contractor or any subcontractor or supplier or that lower prices were readily available, the price shall be reduced accordingly and the Contract modified by a Change Order. 11.6 Variation in Quantity of Unit Priced /terns: Where the quantity of a unit-priced item in this Contract is an estimated quantity and the actual quantity of [he unit-priced item varies more than 25 percent above or below the estimated quantity, an equitable adjustment in the Contract Price may be made by a written Change approved by the Contractor and the Engineer The equitable adjustment shall be based upon any increase or decrease in cost due solely to the variation above 125 percent or below 75 percent of the estimated quantity. The City at any time after the award of the Contract, may delete Bid items, provided that the total of such deletions does not exceed twen rve percent (25%) 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 in the time necessary For completing the Work the Contractor may request in writing, an extension of time only. ARTICLE 12 -Reserved ARTICLE 13 -WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Warranty: 13.1.1. The Contractor warrants and guazantees 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, corcected or accepted as provided in this Article 13. Work shall be performed in a skillful and workmanlike manner. Except where longer periods of warranty are indicated for certain items, Contractor warrants Work, whether famished, installed, provided, performed or supplied by Contractor, a Subcontractor or Supplier, to be free from faulty materials and workmanship for a period of not less than One Year 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 growing seasons. 13.1.2. The Contractor, at no additional expense to the City, shall remedy damage to equipment, the site, or the buildings or the contents thereof that is the result of any failure or defect in the Work, and restore any work damaged in fulfilling the requirements of the Contract Documents. 13.1.3. With 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, manufacturer's, or Supplier's, standazd warranty 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 standazd warranty shall apply. Otherwise, the Contractor shall be responsible for a Two Year term under the Maintenance Bond. 13.1.3.2. Requve all warranties to be executed, in writing, for the benefit of the City, if dvected by the Engineer or. 13.1.3.3. Enforce all warranties for the benefit of the City, if dvected by the Engineer. 13.1.3.4. Assign all warranties and guarantees in writing to the City upon the request of the City. 13.1.4. Notwithstanding anything to the contrary above, the Contractor shall warrant [hat all equipment which aze incorporated into the Work or any subsystem shall be new, free from liens and defects in design, have cleaz title, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of the Contract Documents, to the drawings issued for manufacture by the Contractor, and shall be in conformance with the Technical Specifications and Contractor's Proposal (except in those instances where the Contractor's 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 correct such nonconformity to the satisfaction of the City, at 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 mazking, and the preparation for, and method of, shipment of such equipment shal] conform with the requirements of the Contract Documents. 13.1.4.2. When return, corrections, or replacement is required, transportation charges and responsibility for the supplies and equipment while in transit shall be borne by the Contractor. 13.1.5. In addition to the foregoing, in the event that any single component in the Work experiences failures during the warranty period such that the number of failures under normal service conditions exceeds ten percent (10%) 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. 13.1.8. Neither the foregoing hor 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. 13.1 Access ro 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 /nspections: 13.3.1. The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and approval tests for the Work performed by the Contractor or his/her Subcontractor(s). 13.3.2. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and fiu•nish the Engineer the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or Re-testing required in connection with the City's or the Engineer's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to The Contractor's purchase thereof for incorporation in the Work. The cost of all inspections, testing, re-testing and approvals in addition to the above that are 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 firms or certified materials laboratories acceptable to the Engineer. 13.3.4. [f 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 Contractor'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 bear 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, architects, attorneys and other professionals), and the City shall be entitled to an appropriate decrease th the Contract Price. 13.5 Ciry May Stop The Work: If the Work is defective, or the Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to famish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the 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 Contractor shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Engineer or the City, remove it from the site and replace it with non-defective Work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys 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 non-defective 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, indirect and consequential costs of such removal and replacement (including but not limited to fees and chazges of engineers, architects, attorneys 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 eazlier date if so provided in the Specifications or by Written Amendment. Landscaping replacement shall be warranted for two growing season. 73.8 Acceptance ojDejective 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 beaz all direct, indirect and consequential costs attributable to the City's evaluation of and determination to accept such Defective Work. All accepted defective Work shall be subject to significant price reduction acceptable to the City and the City Engineer. 13.9 City May Correct Defective Work: If the Contractor fails within Ten (101 consecutive calendar davs after written notice of the Engineer or the City to proceed to correct and to correct Defective Work or to remove and replace rejected Work as required by the Engineer or the City in accordance with paragaph 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. In 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 aze 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 rights and remedies under this paragraph. All direct, indirect and consequential costs of the City in exercising such rights and remedies will be chazged against the Contractor, and a Change Order will be issued by the City incorporating the necessary revisions in the Contract Price. Such direct, indirect 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, Construction Documents or Shop Drawings and extra work done without written authorization, will be considered as unauthorized work, and the Contractor will receive no compensation therefore. [f 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 progress payments. Payments to the Contractor shall be prepared 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. 74.2 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 progress 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 in accordance with these General Conditions. The amount of the progress estimate to be paid to the Contractor shall be subject to the following: 14.2.1.1 STANDARD RETAINMENT, The City shall make a deduction from the progress estimate in the amount considered necessary to protect the interests of the City, pursuant to Section 24-91-103, CRS. That amount to 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 Nundred Percent (100%) in place and accepted by the Engineer. 14.2.4. SUBCONTRACTOR PAYMENTS. In addition to the other requirements regazding 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 fallowing requrements: 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; Subcontractors and lower tier subcontractors shall make payments to their subcontractors, according to [he requirements above and shall make payments within l0 days of receipt of payment from the next higher tier. 14.3 Contractor's Warranty of Title: The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any progress pay estimate approved for Payment, whether incorporated in the Project or not, will pass to the City no later than the time of payment free and clear of all Liens. 14.4 Engineer's Review of Progress Payments. 14.4.1. The Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by the Engineer to the City, based on the Engineer's on-site observations of the Work in progress and on the Engineer's review of the pay estimate form and the accompanying data and schedules that the Work has progressed to the point indicated; that to the best of the Engineer's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work in the Bid Proposal form, and to any other qualifications stated in the recommendation); and that the Contractor is entitled to payment of the amount recommended. However, by recommending any such payment the Engineer will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to the Engineer in the Contract Documents or that there may not be other matters or issues between the parties that might entitle the Contractor to be paid additionally by the City or the City to withhold payment to Contractor. 14.4.2. The Engineer may refuse to recommend the whole or any part of any payment if, 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 requving 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 aze other items entitling the City to a set-off against the amount recommended, but the City must give the Contractor immediate written notice (with a copy to the Engineer) stating the reasons for such action. 14.5 Substantial Completion: 14.5.E The date accepted by the City when the construction of all Work items in the project or a specified part thereof is One hundred scent (100%) completed, in accordance with the Contract Documents, so that the project or specified part can be utilized for the purpose for which it is intended shall establish substantial completion for the project or for a specified part. 14.5.2. When the Contractor considers the entire Work ready for its intended use, the Contractor shall coordinate with the City an inspection of the Work and conduct such tests as required to ensure the Work meets or exceeds all Performance Standards to help determine the status of completion. If the City does not consider the Work satisfactorily complete, the Engineer shall notify the Contractor in writing giving the reasons therefore. There shall be a Punch List of the items to be completed before final inspection and final payment At the time of delivery of the completed punch list items, the City must conduct a Snal 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 Utilization: Use by the City of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the City, the Engineer and the Contractor agree constitutes a sepazately 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. 14.7 Fina[lnspections: Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete, the City will make a final inspection with the Engineer and the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. The Contractor shall immediately take such measures as are necessary to remove and eliminate all such deficiencies. All deficiencies or incomplete Work items shall be recorded by the City Project Inspector on a Punch List Sheet(s) and distributed to the Contractor and the Engineer immediately. 14.8 Fina[ 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 instmctions, schedules, guazantees, as-built documentation (as provided in pazagraph 6.12) and other documents -all as required by the Contract Documents, and after the City has indicated that the Work is acceptable, the Contractor shall deliver to the Engineer a fully executed and notazized Claim Release Form and the City Engineering Department will advertise for project closure and release of the final retainment. The final pay estimate will consist of retainment amount only. Final payment will be released following a thirty (30) day waiting period from the date of the second publication of the advertisement for final settlement and closure if no verified claim has been filed with the City. 14.9 Settlement Date, Notice to Subcontractors, Acceptance and Final Payment: If, on the basis of the Engineer's observation of the Work during construction and fmal inspection, and the Engineer's review of the final progress 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 ~a@)e~ightaf9te t~199~tadlpadtlteation. Said notice shall advise all persons, co-partnerships, associations of persons, companies, or corporations that have furnished labor, provisions, materials, team hire, 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 insure 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 funds shall not be withheld longer than Ninety Dam 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 to insure the payment ofjudgments which may result from such suit. 14.8.2. If, the remaining balance to be held by the City for Work not fully completed or corcected is less than the retainage set forth at pazagraph 14.2., and if Bonds have been fumished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the 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 Contractor's Continuing Obligation: The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the Engineer, nor the issuance of a certificate of Substantial Completion, nor any payment by the City to the Contractor under the Contract Documents, nor any act of acceptance by the City nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by the Engineer pursuant to paragraph 14.9, nor any correction of Defective Work by the City will constitute an acceptance of Work not in accordance with the Contract Documents or a release of the Contractor's obligation to perform the Work in accordance with the Contract Documents. 14.11 Liquidated Damages: 14.1 l.l. T[ME FOR COMPLETION: It is hereby understood and mutually agreed, by and between the Contractor and the City, that the date of beginning Work and the time of completion as specified herein are essential conditions of the Agreement. The Contractor agrees that said Work shall be prosecuted regularly, 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. 14.11.2. 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 pazagraph 6.9. and the Submittal Schedule referenced at paragraph 6.3. and all dates set forth therein and where in the Contract Documents, an additional time is allowed for the completion of the Work, the new time limit fixed by such extension shall be of the essence of the Contract. 14.11.3. LIQUIDATED DAMAGES: Substantial Completion of the Construction Phase aze of pazamount 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 agreed 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 agreed 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 ofjust compensation for damages contemplated with the clause, the amount set forth in the Liquidated Damages Form for each consecutive calendar day that Substantial Completion is delayed in the Construction of the project. In no event shall the total amount of liquidated damages exceed Twentv Percent (20%I 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 City 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 particulazs 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 far 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, foes, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil distwbances, 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 entvely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not requve the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. 14.11.7. 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 1 S.1 City May Suspend Work: The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the Contractor and will fix the date on which work will be resumed. The Contractor shall resume the Work on the date so fixed. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both if the Consecutive Calendar Davs are used to complete the Work , dvectly 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. 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 Bankruptcy 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 Contractor 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 to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. If the Contractor disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. If the Contractor disregards the authority of Architect; or, 15.2.9. If the Contractor otherwise violates in any substantial way any provisions of the Contract Documents: The City may, after giving the Contractor (and the surety, if there be one) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude the Contractor from the site and take possession of the Work and of all the Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere, and finish the Work as the City may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference 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 requved 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 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 disagreements 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, mazital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regazd to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 16.1.2. The Contractor, with regard to the Work performed by it during the Contract, shall not discriminate on the grounds of race, color, religion, sex, national origin, sexual orientation, age, mazital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. 16.1.3. The contractor will, in 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 regazd to race, color, religion, sex, national origin, sexual orientation, age, mazital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. 16.1.4. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or Supplier shall be notified by the Contractor of the subcontractor's obligations under this Contract and the regulations relative to nondiscrimination on the grounds of race, color, religion, sex, national origin, sexual orientation, age, mazital 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 Civing Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the fum or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.3 Computation ojTime: 16.3.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the fast and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.3.2. A consecutive calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. A working day is any day ;Monday through Friday of each week, also called business day. 16.4 General: Should the City or the Contractor suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this 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 particulaz but without limitation, the warranties, guazantees and obligations imposed upon the Contractor by the General Conditions, and all of the rights and remedies available to the City thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which aze otherwise imposed or available by Laws or Regulations, by special warranty or guazantee 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 guazantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 16.5lndependent Contractor Status: It is expressly acknowledged and understood by the parties that nothing in this agreement shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, aze 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 secure 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 Contractor for the purpose of securing business. 16.7.1. The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requvement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or to any solicitation or proposal therefor. 16.7.2. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the 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 par[ of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. 16.8 Payments Subject to Annual Appropriations: If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated. 16.9 Contractor Acceptance: 16.9. L 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 City 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 azising out of this Contract or out of anything done in connection with this Contract unless such action shall be commenced within 180 days after the date approval of the final progress payment hereunder, or within 180 days of the termination of this Agreement. 16.10 Successors and Assigns This Contract and all of the covenants hereof shall inure to the benefit of and be bidding upon the City and the Contractor respectively and their agents, representatives, employees, successors, assigns and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 16.71 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 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. 16.12 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. 16.73 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. 76.15 Waiver oJPresumption 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 azise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract. 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 S[a[e 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 ears from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of the Contract Documents. The authorized representatives of the U.S. Department of Transportation, Comptroller General of the United States, the State of Colorado and the City 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 agrees 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 similazly 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 market 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) years after final payment under the Contract, or for any period, if any, as is required by applicable statute or by other articles of this Contract. 16.18.3. If this Contract is completely or partially terminated, the records relating to the Work terminated shall be made available for three years after any resulting final termination payment. 16.18.4. Records pertaining to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims. 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C C N ~ ~ U ~ 3 ~ L ~ C ~ U E C ` = O ~ ~ o x w o p 5 ~, ~ ~ $ ~, ~ g ~ m N o H a ~ .~ r a~ U x to U w Q n `o m m a d v 0 aEi ~ o 0 a`~-~ T ~U O d U N C ~+ N C ~ f0 f6 C ~ N O N ~ y O N H f6 U U w; C U +% C C 'O ~ j L U N ~ N 'O f0 O y U f0 O ~ N O tl) d _ ~ ~ L ~ L O L O O L ~ O~ L ~ O N ~ N ~ M 'O O) f0 m f6 p C O ~ 7 ~ 7 m N N N f6 N .r ~ ~ .~. j -O ~ 'O ~ - . 0 O O O ' 6 a U ~ U f0 U U fO N C O C O C O ~ O O ~ ~ ~ ~ ~ N U O U O ~ ~ ~ ~ ~ ~ Z' N d ~ ~ .fl y O~ N N U O O O > O " -' U fA N fn ~ E N N L U ~ O ~ O O U y // I.L y / li ~ N C C Y a Y N m w ca .- v s ~ ~ a~ L a~ y ~ m O N m O N C m ~ ~ C 3 C 3 O C 0~ N U `o ~ o N U `o ~ o O O O ,0. f6 O ~ +-~ O ~ ++ ~ f0 Y N ~ '~6 ~ ~ "~O ~ U N t ~ _ 3 ~ O U O ~ N N - N - ~ C ~ E E ~ ` . - ~ Q N U o ~ U o v ~ a~ 3 O ~ ~ > o rn~ ~ rn~ y ... N C - ~ ~ O Vl C .. ~. C .~ ~ ~ N ~ t C L V U U W ~ N to N O N 'X („) y O N 'X U j f6 ~ .. O (6 N N N ~ ~ d UI ~ N -p .. N 'O .~ v, c ~ v o O ~ 3 '-° ~~~ ~ m ~ a i ~ , > > OL U1 U ~' L ~ L ~ W a f6 0 = E N f0 0 ~cn E N f6 (6 ~cn E a a a 5 - c o .N w C ~ N N N O f0 ~ E N N V " w (A O C O N fn C N 7 N f0 f6 ~ N O C f6 O a ~' C7 LL m c ~ j C7 w ~ ~ ~ ~ O ~ 0 U L y N c .3 ~ cn a n 0 n rn a m 0 aEi C o c 0 aw T ~U o a U U7 BuRCtGxA~ Asses INC. 203 CAPE PLACE - P.O. BOX 5770 - PAGOSA SPRINGS, CO 81147 i (970) 731-4278 -Fax (970) 731-4279 April 25, 2008 Mr. Scott Smith Reno Smith Architects 605 E. Main St., #2 Aspen, CO 81611 RE: Cozy Point Project # 5070 Dear Scott: Pursuant your request, we have re-run the energy calculation requirements for the subject project to verrfy compllancewiththe20081ECC. Tothebestofourknowledge,thebuildingsarebothincompliancesubject to the following building envelope and system requirements. 1. Building ceilings are insulated using 5-1/2" of spray foam insulation. A dewpoint calculation should not required for full fill of foam in the ceiling cavity. 2. Exterior wails are solid wood With an estimated R-10 insulating value. 3. Windows are thermal glazed low "e" in wood frames. Maximum °U" value shall be 0.4. Minimum shading coefficient shall be 0.8. 4. Doors are solid core wood with a maximum "U" value of 0.35. 5. Floors are over ventilated crawlspaces and are insulated with R-19 batt Insulation. 6. Primary heating systems are L.P. gas vertical wall furnaces with a minimum efficiency of 80%. Two units will be required in the office building and a single unit will be required in the reception i, '~ building. Supplementary electric heat not exceeding 1000 watts perspace shall be used in each of the bathrooms. 7. Domestic water heating systems are electric. 8. Interior lighting shall not exceed 1 watt per square foot This equates to the use of eight (8) 2- lamp (32 watt lamps) fluorescent.fixtures in the office building and five (5) two lamp (32 watt lamps) fluorescent fixtures plus two 3-lamp (17 watt lamps) fixtures in the reception building. 9. Exterior lighting is limited to four (4) 35 watt L.P.S. wall paks per building. We are enclosing the envelope, mechanical and lighting compliance certificates for each of the buildi ngs. .. ,. If you have questions or comments regarding any of the above information, please don't hesitate to call. Sincerely, ASSOCIATES INC. Mark Budgg+5af, ~E. i COMcheck Software Version 3.5.2 Envelope Compliance Certificate 20061ECC Report Date: 04/26/06 Data filename: C:Wocuments and Settings\Mark BurggraeflDesktop\5070 R 1a.cdc Section 1: Project Information Protect Type: Addition Protect Tige :Cory Point - Reception Building Construction SBe: Aspen, CO 81611 Owner/Agent: Scott 3mgh Rerro Smith Arddtecis 371 SouthsMe Ave. Basalt, CO 81821 (670) 925 5968 Section 2: General Information Bonding Loca9on (forweathar data>: AsPen, Colorado Climate Zone: 7 Heatlng begree Days (base 86 degrees F): 9922 Coolkrg Degree Days (base 50 degrees F): 928 Vertical Glazing! Wall Area Pct.: 8% Skylight Glez>ng/Root Area PcL: 1% Activih Tvoelcl Floor Arae Office 602 Section 3: Requirements Checklist Climate-Specific Requirements: Des'gner/Contrector. Mark Burggreaf BurggreafAS~OCiates Inc. P.O. Boz 5770 Pagosa Springs, CO 61147 (970) 731 4278 mburggraafr~pagosa.net Component NamelDescrip0on Gross Area Cavity Cont. " or Perimeter R•Value R-Value Roof 1: NFWood JoistlRafteilfriiss " ' ~- ~ 603' 38.5 0.0 0.027 0.027 Skylight 1: Vinyl Freme:Double Pane, Clear, SHGC 0.80 . 7 --- -- 0.400 0.600 Exlador Wa91: Other, HC 0.0 ~ 757 •- •- 0.100 0.089 W6ndow 1: Wood Freme:Double Pane with Low-E; Clear, SHGC 57 --- -- 0.400 0.350 O.BO Door 1; Wood, Swinging 40 - -- -- 0.3$0 0700 Floor 1: All-Wood JdstRruss 502 19.0 0.0 0.051 0.034 (a) Budget U-factors are used for software baseline cekulations ONLY, and era no[ code requirements. Air leakage, Component Certification, and Vapor Retarder Requirements: 0 1. Ap joints end penetre0one are caulked, gasketed or covered wfM a molature vapor•penneable wreppirg material installed M accordance ..wtth the tlWrwfacturer's Installa0on Instructbna. Q 2. Wmdows, doors, and skylights cenifled as meeting leakage requ&ements. ' ~ 3. Component R-values & U-factors labeled as cer60ed. 0 4. Insuledon installed according to manufacturer's Instructbns, in subslangat contact with the surface being insulated, and In a manner that achieves the rated R-value without compressing the hsulatbn. Prgeut Title; Cory Point - Reureptlon Building Repon dais: 04/25Po9 Dale filename: C:\Docurhenta and Settings\Merk BurggraefWesktoplF070 R 1e.cck Page 7 of 11 ~ 5. No roof insulation is Installed on a suapanded oeilNg wNh removable ceiling panels. 0 8. Stair, elevator shefl vents, end other outdoor air Intake end exhaust openlrgs to the bulkling envelope ere equipped with motorized dampers. 0 7. Cargo doors and loatling dodo tloors are weaMersealed- O 8. Recessed Hghting fixtures are: (i) Type IC rated antl sealed or gasketed; or (ii) installed Inside an appropdate air-tight assembly wNh a 0.5 inch deerence hom combustible materials and with 3 indtas clearance from insulation material. 0 9. Building enhance doors have a vestibule antl equipped wiM dosing devkes. E%cepflons: BuOdinp entrarlde6 with revdving doors. Doors That open directly from a epa~ less Men 3000 sq. h. in area. ~ tO.Vapa retarder installed. i Section 4: Compliance Statement Compliance end other a Name- Project enveope design represented in This document is wnsisteM wiM the building peens, spedficalbns permit epplicatbn. The meet the 2006 IECC ,~nd to compty wiM Me tckNst. Yf~ ~~ of an exlating building. Proied TIOe: Cory Point -Reception Buiding Data Nleneme: C:IDocumenbs and Sedings\Mark BurggreaflCesktop\5070 R_1a.cck Repon tlate: 04125/08 Page 2 of 11 ('/ COMcheck Software Version 3.5.2 Interior Lighting Compliance Certificate 2006 IECC 1 Report Date: 04125/08 Data filename: C:1Documents and SetlingsUgark BurggraallDesktop15070_R_1a.cck Section 1: Project Information Projed Type: Addition ProJed Title :Cory Point-Reception Building Construdlon Site: Aspen, co 81611 Owner/Agent: Scutt Srttith Reno Smith Arohgeds 371 Southside Ave. Basalt, CO 81827 (970) 925 5968 Section 2: General Information Building Uae Description by: AcBvltyTypa Acfivlty Tvoafal Floor Area Office 502 Section 3: Requirements Checklist Intertor Lighting: ~ 1. Total proposed watts must be less then or equal ro total allowed watts. Alloured Watts Proposed Walls Compiles 502 482 .YES Controls, Switching, and Wiring: t] 2. Independent controls for each spece,(switddpccupancy sensor). Deslg ner/Contractor: Med< Burggraaf Burggraef Assodetea Inc. P.O. Box 5770 Pagosa Springs, CO 81147 (970) 731 4278 mburggrear(~pegosa.net Excepdons: Areas des~natetl as secprtty ~or,eme[geBOY areas that must be cont(nuously dluminaletl. Lighting in stekways or corridors that are elements d the means of egress. ~ 3. Master awttch et entry to FroteUmotei guest ropm. ~ 4, Individual dwelAng unite separately metered. ~ ~~~ ~ 5. Each space provMed wiM a manual control to provWe unHorm Ight reduction by at least 50%. Exceptions: Only one luminaire in space; ' Anoccupant-sensing device controls the area; The area is a coMdor, storeroom, rastroom, pub8c bbby or sleeping unit. Areas that use less than 0.6 Welts/aq.ft. _ ~ 8. Automatic I'ghting ahuton control in butWings larger than 5,000 sq.R Exceptions: Sleeping units, patient pare areas; and spaces where eutomellc ehuroff would endanger safely or secudty. ~ 7. PhdpcelVasVOnomical tlme switch on exterior lights. Exceptions: Project Title: Cory Poim - Reception Building Data Alename: CaDOCUmeds and Settlngs\Mark BurggraaflDesktop\5070_R_1a.cck. Report date: 04I25/OB Page 3 of 11 LlghUrg intended for 24 hour use. 0 8. Tandem caked one-lamp end three-lamp ballasted Iumina'ves (NO single-lamp ballasts). Excapgons: Electronic high-frequency ballasts; Luminaires on emergency dreuits or with no avellable pair. Section 4: Compliance Statement Compliance State ' J~TJ@~~ptise`p'I\ighdng design represented in this documem is consistent with the buUding plans, spedfkAticns and other cal gq"ttSH~ia'perma applketbn. The Proposed U ystem has been designetl to meet the 2008 IECC requireme ~~ kVen~~'i~S,5:4`a~d to complywith the ma qui menu Requiremenm Checklist. nt Lr m ~ ---`~ Eat 2.~5~-.3-ir„~.---ci Name-TiU '4..: ::',E•;? Sig Dal Report date: p4Y15108 Proied Title: Cory Pdnt -Reception Building paw 4 of 11 Data glename: C:{Documents end SetSngsVvterk Burggraallt7esktop\5070_R_ta.cck COMcheck Software Version 3.5.2 Interior Lighting Application Worksheet 2006 IECC Report Date: Data filename: C:1Documents and SeltingsWtark Burg9raatlDeaktopG5070_R_1a.cck Section 1: Allowed Lighting Power Calculation A B C D Aroa Category Floor Area Allowed Allowed Watts _ (fl2) Watts I fl2 (B x Cl 1 Total Allowed Watts = 502 Section 2: Proposed Lighting Power Calculation A B C D E Fixture ro : Oescriptlon I Lamp I Wattage Par Lamp I Ballast Lampel K of Fixture (C X D) Fbtture Flxtures Wa6. Linear Fluorescem t: Surface Mount - 2 lamps / 48" TB 32W I Electrorc 2 5 70 350 _ Linear Fluorescent 2: Surface Mount - 3lamps / 24" T8 17W !Electronic 3 2 58 112 Total Proposed Watts = 462 Section 3: Compliance Calculation Ii the Total Akowetl Watts minus Uut Total Proposed Watts Is greater Than or equal N zero, the bdliding complies. Total Allowed Watts = 502 Total Proposed Watts = 462 Project 6ompllanCe = 40 Project Tdle: Cozy Point -Reception Building Report date: 04/25/06 Data filename: C:1D000mente and 3eningsU.tark BurggraaftDesktop15070_FZ,1a.cck Page 5 of 11 COMcheck Software Version 3.5.2 E~cterior Lighting Compliance Certificate 20061ECC Report Date: 04/25108 Date filename: C:\Documants and Settings\Mark BurggreaflDeskiop15070_R_ta.ak Section 1: Project Information Project Type: Addition Project Title :Cory Point -Reception Building Consirucgon $Ite: OwnerlAgent: Desigrrer/Contractor: Aspen, CO 81611 Scott Smith Mark Burggreaf Reno Smith Architects Burggreaf Associates Inc. 371 Southside Ave. P.O. Box 5770 Basalt, CO 81821 Pagosa Springs, CO 81147 (970) 925 5968 (970) 731 4278 mburggraaf@pagosa.nel Section 2: Exterior Lighting ArealSurface Power Calculation p B C D E F Exterior Areal8urtace Quantity Allowed Tradable Ailovced Proposed Waltc Wattage Wans Watts lUnk (CxD) Illuminated length of web or surtace 70 R 5 No 350 140 ' Total Tradable Wake" = 0 0 Total Allowpd Watts = 350 Total ABOwed Supplemental Vdaks"` = 18 • Wattage tradeoga are only allowed between tradable areeslsurtaces. •` A supplemental albwance equal to 5%~of total slowed wattage may be applied toward compiFance of both non-tradable and tradable areaslsudacea. Section 3: Exterior Lighting Fixture Schedule A Fixture ID : DeseNptlon / Letup I Wattage Per Lamp /Ballast Section 4: Requirements Checklist B C D E lamps) fi oT Fixture (C X D) Tradable ~ProPOSad Watts = Lighting Wattage: ~ 1. WNMn each non-tradable arealaur(ace, total proposed walls must be lase then or equal to total slowed wafts. Across all tradable areaslsudaces, total proposed watts must be less than or equal [o total allowetl watts. Compliance: Passes. Controls, Switching, and Wiring: 0 2: All exemption claims are assoGated with fixtures that have a control device independent of the wntrol of the rxmaxempt lightlng. ~ 3. All nonexempt IlghBng fixtures shell be gontrolled by a photosensor or estrorwtrtcel 5me switch that is capabb of au[oma8oally turning off the fixture when slklGent tlaytlgM is available or Me Ighting ie not required. Exterior Lighting Efficacy: Project Title: Cozy Point • Reception Building Repoli date: uarzotu6 Data filename: C:\Documenta antl SeUings\Mark Burggraafl0esk[op\5070_IZ_ta.cck Page 6 or 11 ~ 4. PJI aMedor buNding grounds luminaires That operate at greater then t00W have mlydmum efficacy of 60 lumenlwatt.. Exceph'ans: Controlled by motion sensor or exempt Gam consideration under the provis(ons of Sectlon 505.5.2. r Section 5: Compliance Statement CompllanCe end other cE 254Q3 Iightlng design represented in lhia dowment b consistent wNh the building plans, apeGfications t eppNcatbn. The to meet the 2000 IECC ~ oompty with Nre Checklist. 5 Da~ Project Titie: Cory Point • Reception Building Report date: 04/25/08 Date Nlename: C:\Documenls and Servings\Mark BurggraaflDesktop45070_R 1a.cck PaOe 7 of 11 2006 IECC COMcheckSoftware Version 3.5.2 Mechanical Compliance Certificate Report Date: 04/25/08 Date filename: C:10ocuments and SettingsWlark Burggraat\Desktop15070_R_1a.odc Section 1: Project Information Project Type: Add{tbn ProJed Tille :Cozy Point • Reception Building Construction Site: OwnerlAgeM: DesignerlConVactor: Aspen, C081611 Scott Smith Mark Burggraaf Reno Smtth Arctdteds Burggraa(Assodetes inc. 371 Soulhsitle Ava. P.O. Box 5770 Basalt. CO 81621 Pagosa Spdngs. CO 81147 (970) 925 5968 (970) 731 4278 mburggraef~pagosa.net Section 2: General Information Bu2dkq Locatlon (for weather data): Aspen, Colorado Climate Zone: 7 Heating Degree Days (base 65 degrees F): 9922 Cooling Degree Days (base 50 degrees F): 82B Section 3: Mechanical Systems List 5~ etL nliH ~4y;ta Type 8 Deserlofton , 1 HVAC System 1: Heating: Central Furnace, Propane! Single Zone 1 Storage Water Heater 1: Eleddc Stoage Water Heater, Capadry: 30 galbns Section 4: Requirements Checklist Requirements Specific To: HVAC System 1 ~ i. Newly purchased hea8ng equipment meets the heating ¢Hidency requirements Requirements Specific To: Storage•Water Heater 1 ~ 1: Hot water system sized per menufadurer's sking guide ~ 2. Electric Water Heater efficiency >= 0.89 EF, 271 SL, BtuAt (if > 12 kW) ~ 3. First 8 H of ou8et piping is Insulated ~ 4. Hot water storage temperaturo adjuatabie down to 120 degrees F or knver ~ 5. Heat traps provided on Inlet end outlet of storage tanks Generic Requirements: Must be met by ail systems to which the requirement Is applicable: ~ 1, Load celcula8ons per 2001 ASHRAE Fundamentals ~ 2. Plant equipment end system cepadry no greater Ihan needed to meet loads - Exception: Standby equipment eutometiraWy off when primary system is operating Exceptidn: MulBple units conlydled to sequence operation es a Nnction of load ~ 3. Minhnum one temperelure control device per system 17 4. Minimum one humidity control device per installed humidificetbNdehumidl8cetion system ~ 5. Automatic Controls: Setback W 55 tlegrees F (heat) and 85 degrees F (cool); 7-day Gock, 2-hour occupant ovemde, 10-hour backup ProJed Title: Cory Point • Recep6an BuHtling Report date: 04Y15/08 I Deta filename: G:10ocuments and Setthtgs\Mark BurggraallDesklop\5070_R_1a.cck Pape 8 of 17 Fxcapibn: Contlnuousry operating zones • Exception: 2 kW demand or less, submtt calcuWtlons 0 8. Outside-sir source for ventilation; system capable or redudng OSA to required minimum ~ 7. R-5 supply and return air duct Insulation in Uncondldoned spaces R$ supply and return ak duct Insulatlon outside the building R=8 inaulatlon between ducts and the building extedor when ducts are part of a building assemby - Excepion; Ducts boated wAhkr equipment - Exception: Ducts wRh interior and ezterbr temperature difference not exceeding 15 degrees F. • Exception: Continuousry welded ant ticking-type bngitudinal )Ofnts and seems on ducts opera8ng at static pressures less tlran 2 inches w.g. pressure dessiflcatfon 0 8. Medrenical fasteners and sealants used to connect ducts and alr distdbutlon equipment O 9. Ducts sealed • longitudinal seams on rigid ducts; transverse seams on all duets; UL 181A or 181 B tapes and mastlce ~ 10.Operatlon and maintenance manual provided to bulldog owner ~ i t.Balanckrg devices provided In accordance with IMC 803.15 ~ 12.Piping, insufeted to 121n. if nominal dbmeter of pipe Is <1.5 in.; Larger pipe Insulatetl to 1 in. thlckneas ~ t 3.LavaMry faucet outlet temperatures in pubflc reslrooms limited to 110 depress F (43 degrees C) ~ 14.Motonzed, automatic shubft dampers required on exhaust and outdoor sir supply openings -. Ezcep0on: Gravtly dampers acceptable in buildings <3 stories - Ezceptbn: Gravity dampers acceptable b systems with outside or exhaust sir flow rates less than 300 dm where dampers are Interbdced with tan ~ 15.Slair and elevator shag vents are equipped with motorized dampers Section 5: Compliance Statement Compllarrce Stafem ~ ~ ~ mechanical design represented in this document la ~naistent with the building plans, speagcatlons and other cal _.~-~,Q~'.^NN pgU~n~ ey~~ tl application. The proposed rtr~ ystems have been desigrred to meet the 2006 IECC requirements neFHasx Veraipp ~ b comply with the mandatory i is in the Re.•yylrements Checklist. Name• De / Project Tdie: Cozy Pdnt • Recepllon Building Report date; 04125/08 Data filename: C:1Dotuments end SetlingsWiark BurggraaRDasktop15070_R_1e.cck Page g of 11 CoMcheck Software Version 3.5.2 Mechanical Requirements Description 2006 IECC Report Date: Data filename; C:\Documems and Setlinge\kAark BurggreafiDesktop\5070_FZ1a.cck The Tollowinp list provides more detailed dasrx;ptbns of the requirements in Section 4 of the Mechanical Compliance Certificate. Requirements Speclflc To: HVAC System 1 1. The specHled hearing equipment is covered by Federal minimum effidency requhemems. New equipment o} Mis type ran be assumed to meet a exceed ASHRAE 90.1 Cade requkemente for equipmem efgclency. Requirements Specific To: Storage Water Heater 1 1. Service water hearing system design loads for the purpose of sizing systems aM aqulpment moat be determined b accordance wIM manufadurere' published sizing guidelines. 2. Service water hearing equipment used solely for heating potable water, pool heaters, and hot water storage tanks must meet the foAowing miriumum elddency: Electric Water Heater etdclency >= 0.89 EF, 211 SL, Btulh (d> 12 kW) 3. insulation must be provided for the fast 8 ft of model piping for a wrislant temperature nonreclrwleUng storage system and for the inlet pipe between the storage tank and a heat trap in a storage system. 4. Temperature controls must be proWded that allow for storage lempereture adjustment From 120 degrees F a lower to a maximum tempereture canpadble with Me Intended use except when rite manufacturer's installation instrudlons seedy a higher minimum thermostat settlrg to minimize condensation and resulting wrroslon. Documentation of the installation Inetrudlons moat be provided to be exempted from this requirement, 5. Heat (raps must be provided on inlet and outlet vertical pipe dyers serving storage water healers and storage tanks not having integral heat Irepa end serving a rarvedrwiadrg system. Heat Yaps must be installed as dose as predlcai to the storage tank. Acceptable heat traps are etther a) a device spedtkally designed for the purpose a b) an artangement of tubing that tams a kxrp of 360 depress F, a c) piping Mat from Me print of connection to the wafer heater (Inlet or wtleQ Indudes a length of piping diraded downwards before connection [0 the vertical piping of the supply water or hot water distribution system. Generic Requirements: Must be met by all systems to which the requirement is applicable: 1. Design heating and ceoling bads~fa Me buiding must be datemtined using procedures In iha ASHRAE HaMbook of Fundamentals a an approved equivalent wlculatbn procedure. 2. All equipment and systems must be stied to be no greater Man rteeded to meet celwlated loads. A single piece of equipment providkig both hearing end cooling must satlsfy this provision for one tunctlon wiM the capacity for Me other tundbn as smell as possible, wdhin available equipmern optloris. - - Fxceptbn: The equipment andla system cepadty maybe greater Man calwleted bade for standby purposes. Standby aqulpment must be au[omatica8y wmrolled to~be riff when rite primary equipment andlor system is operating. - Exception; Multiple units of the same equipment type whose combined cepeclies exceed the calculated load are allowed If they are provided with contrds to sequence operetign of the units as Me load increases or decreases. 3. Each hearing or cooling system serving a slrgle zone must have its own temperature control daWce. 4. Each humldificadon system must have Its own humidity control tleWrs. 5. The system or zone control must be a praprarkilneble thermostat or other automstip control meeting Me following cdteda:e) capable of setting back temperature [0 55 degrees F during heating and setting up to 85 degrees F during wolingb) capable of automedcally setting back or shutting doom systems during unoccupied hours using 7 different day schedulesc) have an accessible 2-hour ocwpent overritled) have a battery back-up capable of maintaMirg programmed aetUngs for at least 10 hwrs wlUtout power. • Excepibn: A setback or shWOtf wrtad is na required on Mermostats that control sydems serving seas that operate conUnuwsiy. - Exception: A setback or shuton control is rrol required on systems with total energy demand of 2 kW (6,828 Btum) or less. 8. The syatam must supply oaskle ventilation air as required by Chapter 4 of the intemaUOnal Mechanical Code. g Ma ventlation system is designed to soppy wtdoaair quanttfiea exceeding minimum required levels, Me system must be capable of reducing outtloa•air flow to the minimum required levels. 7. Air duds must be insulated to the fdbwing levals;a) Supply and return air ducts for wndilbned efr located In unconditbned spaces (spaces nei8ter heated nor cooled) must be Insulated wiM a minimum of R5. Unconditioned spaces include attics, crawl spaces, unheated basemeMS, aM unheated gerages.b) Supply aM realm air ducts and plenums must be insulated ro a minimum of R-8 when located wtside the bullding.c) When duds ere located within exterior components (e.g., doors or roofs), minimum R•8 insulation is required only between the dud end the building exterior. Project Title: Cozy Point - Reception BuBding _ ~_ ~ Report date: 04/25108 Data filename: C:\Dowmenis and Settbgs\Merk Burgpraafl0asktop15070_R 1a.cck Page 10 of 11 • Excepton: Duct insulation is not required on duds ktcated within equipment. - Exception: Dud Insulation is not required when the design temperature difference between the interior end exterior of Ne dud or plenum does nd exceed 15 degrees F. ' - Ezceptkm: ConBnuousty vreltled aM ticking-type longitudinal Joints and seams on duds oparedng at static pressures less than 2 Inches w.g. pressure dessfficetbn. 8. MedtaNcal fasteners and seals, mastics, or gaskets must be used when conneding duds to fans and other air dishibWion equipment including multiple-zone terminal units, 8. NI Jdnta, bngi[udinal and transverse seams, end cennectlons in dudwork must 6e securely sealed using weldments; mechanical Tastenere with seals, gaskets, or mas8cs: mesh end mastic seaXnp systems; or tapes. Tapes and masOce must be Nstatl antl labeled in accordance with UL 1B1A and shall be marked'181A-P' for pressure sensi8ve ~ape;l B1A-M' for mastic or'181A-H' for heat-sensitive tape. Tapes and mastics used io seal ilexlble air tludsend Oextble air conrradors shell compty with UL 181 B antl shell be marketl '181 B-F'X' for pressure-sensitive tape or'1816-M' for mastic. UnXstad dud tape is nd permitted as a sealant on any metal duds. 10. Oparetion antl maintenance dowmentaUon must be provided to the owner (hat includes at least the fdkwring information:a) equipment capacty (input and output) end regWretl maintenance ectionab) equipment opeation aM maintenance manualsc) HVAC system wntrol maintenance and calibretbn information, including wiring OlaBrems, schemetla, and contrd sequence descnptiorre; desired orHeld-determined set prints mud be parmanendy rewrded on control drewings, at control devices, or, for digital control systems, In progremmMg commented) complete narrative of how each system is Intended to operate. 11. Each supply sir outlet or diffuser and each zone terminal device (such as VAV or mixing box) must have Its own balanUng device. Acceptable balanUng devices indutle adjustable dampers located v4thin the ductwork, terminal devices, end supply efr diffusers. 12, Service hot water pipUtg, where required, must be Insulated to 1I2 in. if pipe less than 1.5 in. raminal diameter. Larger pipe must be Insulated to 1 In.. Pipe klsWatfon wig have a condudivky of less than 0.28 81u.IN(h-N2-degrees F). 13. Temperature cotwoWng mearre must be provided to limit the maximum lampereture of water delivered from lavatory faucets In public fadlXy restrooms to 110 degrees F. 14. Outdoor air supply and exhaust systems must have motorized dampers that aulomaliCeliy shW when the systems or spaces served are not in use. Dampers must be capable of automalicelty shut8ng oft dudng preoceupancy building warm-up, cool-0own, and setback, except when venlHetlon reduces energy costs (e.g., night purge) or when bentilation must be supplied to meet code requirements. Both outdoor air supply and exhaud air dampers must have a maximum leakage rate of 3 dmmz et 1.0 in w.g. when tested in accordance with AMCA Standard 500. - Excepton: Grevlty (rron-motorized) dampers ere acceptable In buitdings less than three stories In height. - Exception: Systems with a design outside sir intake or exhaust capacity of 300 cfrn (140 Ue) or lass that are equipped wish mdor operated dampers that open aM dose when the unit le energized end de-energized, respectively. 75. Stair and elevator shaft veils must be equipped with motorized dampers capable of being automatically dosed dudng normal building operation and interbcketl to open as required by Ore and smoke detectlon systems. Ali gravity outdoor air supply antl exhaust hoods, vents, and venliletors must be equipped with nwtorizad dampers that will automatically shut when the spaces served are not in use. ExcepUOns: -Gravity (non-motorized) dampen ere acceptable In buildings less Than three stories in height above grade. - VanU7ation systems serving uncontli8oned spaces. - I ProJed Title: Cory Point -Reception Buldinp Report data: 04125/08 i Data glenama: C:\Documents and Settlnps\Mark BurggraaADesktop\5070_R_1a.cck Page tt of 11 r COMcheck Software Version 3.5.2 Envelope Compliance Certificate 20061ECC Report Date: 0425108 Date ltlename: C:\D000ments and SetBrgs\Mark BurggraaflDesktop\5070_O_ta.cck Section 1: Project information Project Type: New Construction Proied Title :Cory Point -Office Building Construc0on Site: OwnedAgeM: Aspen, CO 81811 Sett Smith Reno Smigr ArchiteGure 371 Southeide Ave. Basalt, CO 81621 (970) 925 5968 Section 2: General Information BuBding Location (for weather data): Aspen, Colorado Climate Zone: 7 Heetitg Degree Days (base 05 degrees F): 9922 Ccolirg Degree Days (base 50 degrees F): 826 Vertical Glazing I Wall Area Pct.: 7% Skylight Glazing /Roof Area Pct.: 1°~ , Activity Tvoelsl Floor Area Office 560 Section 3: Requirements Checklist Climate-Specific Requirements: Designer/Contractor: Mark Burggraaf Burggraaf Associates Inc. P.O. Box 5770 Pegosa Sprkrgs, CO 81147 (970) 731 4278 Component NamelDecorlption.; Gross Area Cavay or Perimeter R•Velue Cont. R-Value Proposed U-Factor Budget U-Factor ~ ~ ~ 880 38.5 0.0 0.027 0.027 Root 1; A6•WOOtl JoisgRaftdr/Tiuss ` -- 400 0 0.800 , Tinted, SHGC Skylight 1: Ynyl Frame:OouWe Pane with Low-~ T - . 0.60 822 ._ .-. 0.100 0.089 Extedor Well 1: ONer. HC 0.0 0 400 0.350 Window 1; Wood Frame:DouWe Pane wiN Low-E;Clear, SHGC 60 --- . 0.00 60 - -- 0.350 0.700 Daor 1: Wood, Sv4ngtng ~ F d 550 10.0 0.0 0.051 0.034 Floor 1. Wood- 2me la) Budget U-lectors ere used for soRware baseline calculatkms ONLY, and are rat coda requirements. Air Leakage, Component Certification, and Vapor Retarder Requirements: ~ 1. Ay joints and penetrations are caulked, 9aske[ed or covered with a moisture vapor-permeable wrapping materiel Installed In eccortlarrce vdth the manufacturer's Installation InstruWons. Q 2. Windows. doors, and skylights oetti8ad as meetktg leakage requirements. 0 3. Component R-values 8 U-Tactors labeled as certified. (] 4. Insulatbn installed according to manufacturer's insWctfona, in substantial contact with the surface being Insulated, and in a manner that achieves the rated R•value without compressing the insulation. ' Repon data: 0425108 Project Title: Cozy Point - ORCa Buikfing Page 1 0(11 Oats flename: C:\Documents and SettlngslMark BurggraahDesktop45070_O_ta.cck 0 5. No roof iheulalan b installed on a suspended ceiling wish removable ceiling panels. 0 8. Stair, Elevator shaft vents, and oMer outdoor air Intake and exhaust openings In the building envelope are equippetl with motorized dampers. ` 0 7. Cargo doors and loading dodo doors ere weather sexed. I] 8. Recessed Iigh6ng fixtures are: (() Type IC rated and sealed or gasketed; or (il) installed Insure an appropriate air-gght assembly with a 0.5 hrch clearance tram eomb~sdble maladae and vnm 31nds)s elearerae hom Insuledon materiel. ~ 9. BuIIdNg entrance doors have a vestibule end eWipped with doaa,g devices. Exceptions: Building entrances w%h revolving doors. Doors that open directly from a apace less than 3000 sq. M. in area. ~ tO.Vapor retarder installed. Section 4: Compliance Statement Compliance Sf ~,~ envelope design represented in This dowmem b conaisleN w%h the bulWinB plans, spedflcalions and oMer y~~ permit epplieaflon. The proposed~ I system hes b eaignad to meet the 2006 IECC requireme checkVe ~$k. nd ro comply w%h the meMetdry me a equlremente Checklist. Mark B gr' , ~40 ~ D Nanxt- ; SIg lure DD-~ Pm}ect of an adstlrp bu%ding. ProJed Title: Cory Point - Office Bu%dirtg Report date: 04/25/08 Data flename: C:1Documents end SeltingsiMerk BurggraellDesk1op45070 O ta.cdc Page 2 of 11 COMcheck Software Version 3.5.2 Interior Lighting Compliance Certificate 2006 IECC Report Date: Oa/25/08 Data filename: C:\Documents end Settings\Mark BurggraefiDesktop\5070_O_ta.cck Section 1: Protect Information Project Type: New Construction Project Title :Cory Point • Office Building Construction Site: ~ Owner/Agent: Designer/Contrecror: Aspen. CO 81611 - Scott Smtth Reno Swath Architecture Mark Burggraaf Burggreat Associates Inc, 371 Soulhskle Ave. P.O. Box 5770 eesatt, CO 81621 Pagosa Springs, CO 81147 (970) 925 5968 (970) 731 4278 Section 2: General Information BuWdirg Use Descriptbn by: Activity Typa Act1vlN Tvoelsl ~ Floor Arse Office 560 Section 3: Requirements Checklist i Interior Lighting: • O 1. Total proposed walls must be less Than or equal ro total albwed watts. Allowed Watts proposed Welts Compiles 560 560 YES Controls, Switching, and Wiring: 0 2. Independent curds far each space (swltchloccupancy sensor). Exceplbna: Areas designated as ¢ecurltyor emergency areas that mull be continuously illuminated. Lighting in stairways pr cprt~dors.thal,arq ebments o1 the means of egress. ~ 3. Master sw4tch at entry ro hoteVmotel guest room. ~ 4. IndNldual dwelling uNts separately metered,,, 0 5. Each space provided wflh a manual conbd to,provide ungorm Nght reduction by et least 50%. ExcepVons: Only one luminaire b space;' . An oaupant-serWng device cona'ds the area; The area is a cortkror, storeroom, restroom, public bbby a sleeping unit. Areas that use leas Than 0.8 Weltslsq.a. 0 6. Automatic ggh8ng shutoff control In buildings larger than 5.000 sq.fl. ExcepVOns: Sleeping unite, patient care arses; and spaces where automa0c shutoff would endanger safety a secudty. Q 7. PhdocelVastronomical lime switch on exterior lights. Exceptions: Lighdng Intended For 24 hour use. Repon date: 04/25108 Project Title: Cory Polnl - OPoce Buildln9 Page 3 of 11 Data Vlename: C:\Documents and Sedings\Mark Burggraai\Desktop45070 O te.cdc ~ 8. Tandem wiretl are-lamp and three-lamp ballasted Iumineirea (NO single-lamp ballasts). FxcePflona:. Electronic high-frequency ballasts; Lumirreires on emergency dreuita of with no avaAable pair. Section 4: Compliance Statement Compliance Shte pp ggharg design represented In Nfs dowmeM is consistent wNh me buiidkrg plans, specificatlorrs end other cal ••', ~^.~~ retry appllcatbn. The proposed I has been desigrred to mea tha 20061ECC requirements airear Vern ~~ ,~ to comply with the mends ry remants in t Requiremems Checklist. e~ n ~1 Name - TNI .a ; . ,,,_ s oefe/ Pro(ecl Tide: Cozy Point -Office Building Report date: 04/25/08 _ Data filename: C:\D000ments and Settlnge\Mark BurggraallDesktop\5070_0 7a.cck PaOe 4 of 11 COMcheck Software Version 3.5.2 Interior Lighting Application Worksheet 20061ECC Report Dete: Data filename: C:1Documerds and SettingsWtark Burggraaf\Desktop\5070_O_te.cck Section 1: Allowed Lighting Power Calculation A B C D Area Category Ffoor Area Allowed ~ Allowed Wana (nz) Wanalm (BxC) omca 560 f Sso Total Allowed Watts = 500 Section 2: Proposed Lighting Power Calculation A Flxwre ID : Descrlpnon I Lamp I Wattage Per Lamp I Bellaat 32W t 8 70 Proposed Watts Section 3: Compliance Calculation If the Total Allowed Watts minus the Total Proposed Watts fa greater than or equal [o zero, the building complies. Totaf Allowed Watts = 560 Total Proposed Watts = 580 ProJed Compliance = 0 B C D E Lampsl # of Fixture (C X D) Fixture Fixtures Wan. _ Project TIOe: Cory Point -Office Bulldin9 Repod date: 04/25roa ! Data filename: C:\D000ments antl SetOngsWtark BurggreafiDesktop\5070 O 1a.cck Page 5 of 17 COMcheck Software Version 3.5.2 Exterior Lighting Compliance Certificate 20061ECC Report Date: O4Y25ro8 Data filename: R\Oocumants and 3etttrres\Mark BurggraaflDesktopt5070_O_1a.cck Section 1: Project Information Project Type: New Conettudlon Project Title :Cory Point -Office Bulidirtg Cortstrudbn Site: Owner/Agenk DeslgnerlCOnlractor. Asperr, CO 81611 Salt Smith Mark Burggreaf Reno Smittf Architecture Burggraaf Assadates Inc. 371 3outhslde Ave. P.O. Box 5770 Basett, CO 8iB21 Pagosa Spdrres. CO 81147 (970) 926 5988 (970) 731 4278 Section 2: Exterior Lighting Area/SurFace Power Calculation A B C D E F Extedor ArealSurface Quantity Allowed Tradable Allowed Proposed Watts Wattage Watts Watts ' I Unit (C x D) Illuminated bngih of wall or surface 80 ft 5 No 400 140 Total Tretlable Watts" = 0 0 Total ANOwed Watts = 400 Total Allowed Supplemental Watfs•• = 20 ~ • Wattage tredeoffs are only slowed between tradable areeslsudaces. " A suppbmeMal albwance equal to 5% of total allowed wattage may be applied toward ampliance of both nondradabla and uadable areaslsurfacea. 5ectlon 3: Exterior Lighting Fixture Schedule A 0 C D E Fixture ID :Description !Lamp 1 Weltage Per Lamp f Ballast ' Lampsl # of Flxtura (C X D) ' Flzture Fixtures Watt Section 4: Requirements ChecklP>;t Lighting Wattage: Total Tredeble Proposed ~ 1. WMhin each non-tradable aree/sudaca, total proposed walla must be less Than or equal to total allowed walla. Across all tradable areaslsudaces, total proposed watts must be less than or equal to total allowed watts. Compgance: Passes. Controls, Switching, and Wiring: ~ 2'. All exemption daima are assodated with fixtures that have a control tlevlce Independent of the antrd of the nonexempt agMing. C] 3. All nonexempt fighting gxiures shall be controlled by a photoserwor or astronomical 8me swttch that Is capable oT automatically fuming off the Bxture when airfldem daylight is available or the Iighl""are as not reprared. Exterior Lighting Efficacy: ProjaU Tale: Cory Pdnt - Olfla Builtling Report date: 04125108 beta filename: C:l000Umenls and SettingsVvierk BurggreaADeskWp15D70_O_1a.cck Pege 8 of 11 O 4. AN exterior building grountls Nminahes that operele at greater than t00W have minimum efficacy of 60 IumeNwad.. Ezcepgons: Conirofled b7r motion sensor or exempt from wnsider~lon under 1ha provisions of Section 505.6.2. Section 5: Comp(l~~iance Statement ~ppance Sla 7jp~~ erbr ligh6rg design represented In this document is consistent wgh the building plans, specifications end other cal ~¢ it application. The proposed ligh stem has haon designed tc meat the 2006 IECC requirements eck Verson a a comply with the mandatory I nts equiremenls ChecMist. asaos Name-Title ; ~.~i, re Dat -- Report tla[e: Oarzc Project THIe: Cory Point -Once Building Pege 7 of 11 Date flbname: C:tD000ments and SetlingstMark BurggreaT\Desktop15070_O_ta.cdc COMcheck Software Version 3.5.2 Mechanical Compliance Certificafie 2006 IECC Report Date: 04/25/OB Data filename: C:\Doaiments end SetlingslMark BurggraaMesk[op15070_O_1a.cck Section 1: Project Information Project Type: New Construction Project Tdle :Cory Point -Office Building Construdlon Site: Owner/Agent AS<ren, CO 81611 Soofi Smlih Reno Smith Arohheclure 371 Soulhskle Ava. Basalt, CO 81621 (870) 826 5~8 Section 2: General Information Bulding Lacaticn (for weatfax data): Aapan, Colorado Climate Zane: 7 HeaBng Degree Days (base 65 degrees F): 8922 Coding Degree Daya (base 50 degrees F): 826 Section 3: Mechanical Systems List Quantity Svstem Tvoe & Desviotlon 1 HVAC System 1: Heating: Central Fumece, Propane /Single Zone 1 Storage Water Healer 1: Eledric Stoage Water Heetsr, Capedry: 60 gallons Section 4: Requirements Checklist Requirements Specific To: HVAC System 1 ; ~ 1. Newly pumhasad heatlng equipment meets }he healhg efnclency requiremems Requirements Specific So; Storage Water Heater 1 lJ 1. Hot water system sized per manufecturer'e~si8ng guide 0 2. Electric Wafer Healer efiidency >= 0.88 EF, 267 SL, Btulh (if > 12 kW) ~ 3. First 8 fl of outlet piping isjnsuMted Q 4. Hot water storage temperature adiuslable down to 120 degrees F or lower ~ 5. Heat baps proNded on inlet antl oufiet of storage tanks Designer/Contractor. Mark Burggreaf Burggraef Assodates inc. P.O. Sox 5770 Pagosa Springs, CO 81147 (970) 731 4278 Generic Requirements: Must be mat by all systems to which the requirement is applicable: Q 1. Load Catcu~tlons per 2001 ASHRAE Funtlamentals 0 2. Plant equipment and system capadty no greater than needed to meet loads - Exception: Standby equipment autdneticady og wtren pdmary system is operating - Exception: Multiple units controlled to sequence operadon es a tundion o(load ~ 3. Minimum one temperature control device per system O 4. Minimum one humidity control devks per installed humidl8cetion/dehumidificatbn system (] 5. Automelk Controls: Balbach to 55 degrees F (heat) and 85 degrees F (cool); 7-day dock, 2-hour oxupant override, 10.hour backup - Exrxpibn: Continuously operating zones Pro)ed Tide: Cozy Point • Office Building - Report date: 04/25/08 Data filename: C:\Documents antl SeBMgsVdark BurggreeRDesktop\5070_O 1a.cck Page 8 of 11 - Exception: 2 kW tlemaM or leas, aubmtt calculations O 5. Ou1sWe-air source for ventgatton; system capable of redudng OSA to requied minknum ~ 7. RS supply and return air duct insula0on in unconditioned spaces R-8 supply and return ak duct insulagon outside the building R•8 lnsulatlon between ducts and the building exterior when ducts are pert of a building assembly - Exception: Duds located within equipment - EzcepWn: Ducts with Mterbr and exterior temperature difference not exoaedirg 15 degroes F. - Exception: Continuously welded and locking-type longitudinal (olnts and seams on duds operating at sta8c pressures less than 2 indtes w.g. Pressure dassificetion 0 8. Mechanlcel fasteners and sealants used to cptned duds end air distrtbu8on equipment 0 9. Duds sealed - kxgitudlnal seems on dgld ducts; trensverse seams on ag dada; UL 181A a 1818 tapes end masdce 0 t0.Operedon and maintenance manual provided to building owner 0 11.Balandng devices provtdetl In accoMance with IMC 803.15 ~ 12.Piping, insulated to t!2 in. if nominal diameter of pipe is <1.51n.; Larger pipe inwlated to t In. thickness ~ 13. Lavatory faucet outlet temperatures M public reetrooms United to 110 tlegrees F (43 degrees C) Q 14.Motodzed, aulomesc shutoff dampers required on exhaust and outdoor air supply openings - Exception: Gravity dampers acceptable in bulltlings c3 erodes - Exception: Gravity dampers acceptable In systems with outside or exhaust air gow rates less than 300 cfm where dampers ere Interlocked with fan ~ 15.Stair ant elevator shaft vents are equipped with motorized dampers Section 5: Compliance Statement Compliance compty witlr 5443 Name- presented in this document is conslstem with the building plans, sped8catbns The proposed mecj(ani~ systems haws been designed to meet the 2006 IECC Projed Title: Cory point -Office Bu0dblg Report date: 04125/08 Data gleneme: C:\Documan[s end SetdngsUAark BurggrsaflDesktop\5070_O_te.cdc Page 9 of 71 COMcheck Software Version 3.5.2 Mechanical Requirements Description 2006 IECC Report Date: ' Data dleneme: C:\Documants and SettingslMark Burggraafl0esktop1,5070_O_1a.cdc The fdlowing list provides more detailed descriptions of the requirements in Section 4 of the Mechanical Compliance Certificate. Requirements Specific To: HVAC System 1 t. The specified heatlng equipment Is covered by Federal minimum emdenry requirements. New equipment of this type can be assumed to meet or exceed ASHRAE 90.1 Code requirements fw equipment efficiency. Requirements Specific To: Storage Water Heater 1 1. Service water heatlng system design loads fw rib purpose of sizing systems and equipment must be determined in accordance wdh manufacturers' published sizkg guideiMes. 2. Service water heating equipment used sooty fw heatlng potable water. pool heaters, end hot water storage tanks must meet tits following mlMumum aflidency: ElectAC Water Heater adldenq >= 0.86 EF, 267 SL, BtuM (if > 12 kW) 3. Insulation most be provided for the first 8 ft of outlet piping for a constant temperature nonrecirwleting storage system and for the dAet pipe between the storage tank and a heat dap fn a storage system. 4. Temperature controls must be provWed that allow for storage temperature adjustment from 120 degrees F or lower to a maximum temperature compatible with trio Intended use except when the manufacturer's Installation Inshuctions epedry a higher minimum tharrtastat setting tc minimize condensallon and reaultlng corrosion. Documentation of the Installaton Irtstmdions must be provided to be exempted from this requirement. _ 5. Heat baps must ba provided on inlet and outlet vamcal pipe risers serving storage water heaters end storage tanks not having Integral heat daps and serving a nonredrwladng system. Heat traps must be Installed as dose es prectlcal to Ne storage tank. Acceptable heat traps are either a) a device specifically designed for the purpose or b) an arrangement of tubing Ihet foma a loop of 360 degrees F, w c) piping that from the point of connection oD the water treater (Inlet or oWet) Inctutlea a length of piping directed downwards before connection to the venical piping of the soppy watww Mt water disMbution system. Generic Requirements: Must be met by all systems to which the requirement is applicable: 1. Design heating and cooling bade for fire building must be determined using procedures in the ASHRAE Handbook of Fundamentals or an approved equivalent calalalion procedure. 2. All equipment and systems must be sized to be no greater then needed re meet calculated bads. A single piece of equipment providing boN hearing and cooling must sa8sfy This provision iw one function with the capacty for the other function as small as possible, wdhln avallabk equipment options. - Exception: The equipment andlw system capacity may ba greater than cetalated loads for standby purposes. Standby equipment must be automaficady controlled to be dR when the prdnary equipment and/or system is operating. - Exception: Muttlple units of tlm same equipment type wlgse combined capedfKS exceed the calcuated loan are allowed if they are provided wdh conlroli: to sequence operation of the units as Ue bed increases or deweases. 3. Each hewing fir cooling system serving a single zone must have Its own tempereNre control device. 4. Each humidifketlon system must have ns own humidity control device. 5. Tha system or zone control must be a progreramable thermostat or other automatic control meeting the following alteda:a) capable of setting beck temperature to 56 degrees F during heating eM setting up to 85 degrees F during coodngb) capable of automatically settlng back or shutting down systems during unoccupied hours using 7 digerent day scheduleac) have an ecwssible 2-hour occupant overrided) have a battery back-up capable of maintaining programmed setfings for el least 10 houre wdhout power. - Exception: A setback w shuto6 ~ntrol is rwt requkad on themgstals that control systems serving areas that operete continuously. - Excaption: A setback w shutoff cohtrd W not requ'ved on systems with total energy demand of 2 kW (6,826 etulll) w less. fi. The system must supply outside veMietion air as required by Chapter 4 of tits Intemationel Mechanical Code. If the ventllatbn system is designed to supply outdoor-ad quantifies exceeding minimum required levels, the system must be capable of redudng outdoor-air door to the mxrinttim required levels. 7. Ak duds moat Ae insulated to the following levels:a) Supply and return air duds for wnditloned air beefed In unconditlonad spaces (spaces nedhw heated nor cooled) moat be insulated with a minimum of R-5. Uncondifioned spaces inducts attics, uewl spaces, unheated basements, and unheated gareges.b) Supply and return air Buda end plenums must be Insulated to a minimum of R-6 when located outside the buildings) When duds are boated wtiMn ezledw components (e.g., Boors or roofs), minimum R-8 Insulatron is required only between the dud end the building exterbr. Pro)ect TPoe: Cozy Pobt -Office Building Report date: 04125!08 ) Date filename: C:10ocumenls and Semngs\Mark BurggmellDesktop\507D O_1a.cck Page 10 of 17 - Exception: Duct Insulation k not requLad on duds boated within equipment. - Fxrsption: Dud inaulalbn Is not required when lha design tempeature difference between the fntenor and extedor of the dud or plenum does not exceed t5 degrees F. - Exception: Continuously welded and locking-type IongiNdinal Jdnts end seams on ducts operating at static pressures Ie6a than 2 inches w.g. Pressure dassiftcetbn. - 8. MechaNcal fasteners and seals, mastics, or gaskets must De used when connecting ducts to fans and dher air distribution equipment inducting multiple-zone terminal unite. 9. Ail Joints, longdudinal arW transverse seams, and connections in duchvork must be securely sealed using wekiments: mechanical fasteners with seals, gaskets, or mastics; mesh and mastk sealing systems; or tapes. Tapes and mastics must be Usted and labeled In accordance with UL 181A and droll be marked'181A-P' for pressure aensltNe tape;181A-M' for mastic or'181A-H' for heal-sensitive tape. Tapes and mastics used to seal Oexlbla air ductsend flexibb air cennedors shall comply with UL 181 B end shall be marked '1810-FX' for pressure-senailNe tape or'181 &M' for mastic. Unlisted dud tape Is not permitted as a sealam on any metal duds. 10. Operetion and maintenance dowmentation must be provided to the owner That includes at least the following irdomredon:a) equipment capacity (input and output) and squired maintenance adbnab) equipment operatlon and mdnienence manualsc) HVAC system contrd maintenance end calitxetion infortnatlon, includ'urg wldng diagrams, schematice, erxl control sequence descriptions; desired or field-datemdned set points must be permanemiy recorded on control drawings, at control devices, or, for digital control systems, in programming commented) wmpiete nerative of how Bach System is Intended to operate. i t. Each supply ak Ductal or diffuser and each zone terminal device (such as vAV ar mixing boz) must have its own balancing daubs. Acceptable balancing deuces Include adjustable dampers located widen the duclvrork, terminal devices. and auppty air diHuaere. 12. Service hot water piping, where requked, must ba insulated to 1l2 In. if qpe less than 7.5 In. nominal diameter. Lergar pipe moat be insulated to i In.. Pipe inwlallon will have a conductivity of less than 0.28 Btu.IN(Mf12-depress F). 13. Temperature contrdling means must be provided to Ilmit dre maximum temperature of water delivered from lavatory faucets fn public fadllly roatrooms to 710 degrees F. 14, Outdoor air supply and exhaust systems must have motorized dampers that automatically shut when the systems or spaces served are not in use. Dampers must be capable of automa0cally shutting off during preoccupancy building warm-uP~ cool-dovrn, and setback, except when ventlladon reduces energy costs (e.g., night purge) or when ventilation must be supplied to meet code requirements. Both outdoor air supply and exhaust air dampers must have a maximum leakage rate of 3 cirtJft2 at 1.0 m w.g. when tested b acwrdance wdh AMCA Starkfari 500. - Exception: Grevlly (norrmotorized) dampers are acceptable In buildings less than three states in height. - Exception: Systems with a design outside air Intake or exhaust capacity of 300 dm (140 Us) or less that ere equipped with motor opmatad dampers Ihet open and dose when Ne unit Is energized end de-energized, respectNeiy. 15. Stair end elevator shaft vents must ce equipped with motorized dampers capable of being automatically cbsed during normal building operation and Interlocked to open as required by fro and smoke detection systems. All gravity outdoor air supply and exhaust hoods, veils, end venidetors must be equipped with motorized dampers that wid automatically shut when the spaces served are nil in vas. Exceptions: -Gravity (rton-rrwtodzed) tlempere are acceptable b buildbga less than three stories In height above grado. -Ventilation systems servMg unconditwned spaces. f Repon date: 04125/08 I Project Tide: Cozy Point -Office Budding ~ Page 71 of 71 Data dleneme: C:\Documents end Sottings\Mark BurggraaflDasktop75070_O 1a.ak ~ g ; $ pQtlN070J'A1NIlOJ NDt.11d ~+ § c ~ e o ~ ~ 'I3QOL1T32I AiIff~~ `JO'I `JAII,LSIX3 ~ 5 s" € ~ M AIIg~~ 3~I330 - H~Ai~I ,LAIIOd AZO~ e ~„ '444444 ~ ~ ~ ~ E ~-- ~ ~ ° ~ ~ w ~~~~~~ ~ ~~~~~~~~ ~ ~~~~~ O oQ ~ ~~ a ~ ~ ~ J ~ ~xb x g a ~ I ~~ ~ ~>< ~ ~~~ i~ ~~ ~~~~ .~ ~~ ~ ~~~ g ~ ~ ~- ~~~ ~~ ~g ~ ~ ~~~~ ~~ ~ ~~ ~ ~g b g ~~ g ~~ ~ ~~s~ ~ ~ ~~ ~ ~~ I ~ ~ ~ '„ ix~ ~ ~a ~ °~~ s~ ~ ~,gmg ~ a~~§ s ~ a5 ~ ~ a a 9 _ ^~^ 8 ~a~ Y$ v '~ ~ ~.9~~ 6z 5 .~ B '~, ° 8 ~ 5~ y z b a is ~s ~ ''~~.~ afrfro ~ :I~ Q ~ g a s @a ~ ~ ~g~ ~~ ag I a$g3 ~~ ~~ Ib ~ ~ s~ ~ ~5 ~~ ~ ~ ~~ g~ ~ aI ~ ,§~~ ~ ~ ~~ a '~ z ' W ~~ 5:~ ~ ~ ire '~~5 5 ~9'~ ~ ~a& ~e 9E ~~ .~ & F ~ ~ ~ y J ~~~ €~ ~ ~~ ~~ ~ ;~ ~~~ ~ I g~~ ~ ~5y ~~ ~~ ~~ o g ,Y e. 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NELSON & ASSOCIATES, INC. ~ `t`"~"~d` 1976; ~`tP"`°1-26-09 P.0. DRAWER 5400 AVON, COLORADO 81620 ';.-. rn+>: wnnbip:-tea. a..3i.o.~..: BRUCE GENTRY, VP 970-618-7555 ;CORPORATION o;~'L~ ', 5. tapar oY pet post EWp Mb prUrciPa3s to wnktet~ TStla/Talopkato_ t~R.A. °CHUPA" NELSON, PRESIDENT, 970-748-7699 bJTRAVIS B03SOW, VP, 970-748-7692 i. GnjtG! Gzaap3tt~ Ltlk S Y~tiai , --.PLEASE SEE ATTACHED----~------------------------------------------ ~.. _.._-. .. ....... ... ... -~. _ .. ,..-e. ... .. ; pttJwtt taps I4btilm~ F ttttL bltdtiyt30Yl[ bpbtY•t tttl. AE°i6tt G 'NlaphbLl: Cbt! bL WM; ntta ~ i1.0E01 Empitted; 3. i. ~~ ;C l ' ..--. ». 6. S. ~.i. °. 7. s. i ..«.. s. io. .. -4.- .. .f .~.. ~~~ m I TYe+Jaas Oar. TeeatlmC t teiai beearipliea: mmrr's -kame. maeua a lelapbeaa: tact at kere; beta {X E1,1bq Coiplataq; u. PLEASE SEE ATTACHED ~ .,- ~~~ 12. i~. i 30. I .,. ....~ .~ .w itt. lt. ~ -y ~ ~~~.~.. ~~~ ~ ..non..~a..~M.~~.~.~s~~..n~~....n~m.. w..-.~~~i~~~.~~ ZT. • . ....._... __.. _ .. ........ ...t .. ... e.. ~ .. _.d_«~....... r- .. 11.. ._. ..__.. _. 18. '~ '!. Aapt rYaraWa. Caa4at Taraab. twlp+s,r awmar[ __ "' 1ST BANK,AVON `) ELLEN MORITZ, 970-949-0100 a) 8. Sxala kaLaceaaaa tattaetal appliara, avAmatavbara. etc.} teetact beam aed t'alwkcae Omtar: •' EDWARDS BUILDING CENTER, SHELLY MCKEE, 970-926-3381 ~~ HARBERT LUMBER, DAWN KIMBALL, 970-945-5464 x~ GENESIS INNOVATIONS, ERIKA HAMRICK, 970-635-9315 k. kW eZ 11a6ikg ballpaop abi Sbr:YaarO t'caplbY, kgent'k antra. baartiM SNYtfiR 1SatilitO S:ISLYaara aalaea9C: IMA, SUE WOOD AND PATTY GALLAGHER PLEASE SEE ATTACHED CERTIFICATE OF LIABILITY INSURANCE FOR COVERAGE .. i htreV: ~crtiiv tfiat t alsxiration statement ie acrnrte era uce. nereb}~ sums.=ze xbe nty` c« aayen xa ca~:act aq~ aoa ai: aT Vx• )~`teaN; I'~-Mr kttC Mr~vn phenan ryxth.~' iv..•ntMC:'3h t~dbl ~3:IQ t.M1n nualii: ^ae)~+tu of r\ fI[¢. CFO BSgeir:[? 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Wm~ f~A m ~ C ~ U f W ~ S' S' ~ R ~ N 10 N BID PROPOSAL FORM Project No. 21108-022 B]D DATE: January 2C, 2009 PROTECT: Cozy Point Ranch Cabin Remodel PROPOSAL. SL'BMITTGD BY: CONTRACTOR'S PROPOSAL TO: The Govenring Body of thx City of .4sprn, Colorado The wtdersigcod rcspmsible bidder declares and stipulates that iltis proposal is nwde in good faith, without collusion or rnnnectiw with any nilttt person or persons bidding for the same work, and that ii is madx N pursuance of and subject Io all lire t ems and wnditinns of the adverlisemxN for bid, thx invitation to bid and request for bid, all the requiremxNS of thx bid dornments including the plans and specifications for this bid, all of which have barn read and eaarttined prim to signature. The biddtt agues to keep this bid open for SLtYd (601 [Ons¢CltfiV¢ Ctllendtlf davs from the dale of bid opening. The Contracor agrees that conswcGon shall Stan immediately following a mandatory pre-constrmton conferxnce held by the Engineering 1?eparlmeN, which also conslrtules the Nonce fo Prxeed. Submission of this proposal will be [akrn by the City of Aspen as a binding covenant that the COntraMOr will finish construction within the time specified in the Spacial Condi[iorrs of ibis contract document. 17te City of Aspen reserces Lhe right to make ilte award on ilte basis of the bid deemed most favorable to the City, to waive any informalities or to reject any m all bide. the City hall not pav ilte Contractor tm defective work and,'or for repairs or additional work required for successful completion of the project. All work not specifically se[ forth as a pay item in ilte bid form sball be conaidrnd a subsidiary obligation oC the Contractor and all costs in concoction iheresvith shall be included in the prices bid for the various items of work. Prices shall include all costs m eonnecliun with famishing the proper and success completion of the work. including famishing all materials, equipmem and tools, and performing all labor and supentision to fully complete the work to the City3 satisfaction. Poor quality and workmatvchip shall rwl be paid far b7 the City. Such work product must be removed immediately and replaced properly at no cost to the City. .Ul quantities stipulated in the bid font at writ prices are approximate and are to be aced only az a basis for xstvnating ilte probably cost of work and for [he purpose oC comparing the bids submitted to the City. The basis of pa}ment shall be the actual amouN oCmnerials famished and work done. The CoNraclm agrees to make no claims fm damages, anticipated profit, m otherwise on aceowrt of any diffttences beM~ern the amowt of work acmaily performed and materials a wally famished and the estimated am~awm~of~work~. evt-sn az •art a>r-a« Can s NMINs The City resenes the right to increase or decease the amount of mock to be done on the basis of the bid unit price and up to plus or minus Tn~v]tt• Fife (LSJ Pecmr of the total bid I hereby acknowledge rectipl of ADDGrDl1M(s)numbered ~through_~. / ~/N~~ Off} anJ ~(Ll'~ LOG~FTrorl p1~4G2>R!"1 l /~Za~09) ESTIMATED OUANTITYLIST UNTf TOTAL BID ITEM DESC_T21PTiON jJl{~ OUANTITV PR_ 7CE ~,Qy~,T a a a a $ a $ a S_ a P a_ s_ s_ a_ ,y/ a_ a_ p~ " a_ a_ S~~~G,~M a a a $ s a a $_ s a a a a s a a TOTaL BID [N NUh~ERS: ~~ GG 3 Total Bid in Words: y °'^'~ iu nPl-a]tdx 'BPI -~,~,~e ~w-„o~._.C. oc..X z Cff~i aMf9k I`~ R.A. NELSON January 26, 2009 fine b u i l d e r s Cozy Point Ranch Cabin Renovations Summit County, Colorado Bid January 26, 2009 Exhibit A -Cost Estimate Summary DESCRIPTION TOTAL Building ConsWction $196,764 SUBTOTAL $796,764 GENERAL CONDITIONS $24,578 SUBTOTAL $227,342 0.00% CONSTRUCTION CONTINGENCY yu SUBTOTAL $227,342 General Liability Insurance =1.32% $3,099 SUBTOTAL 5224,447 5.00% G.C. CONSTRUCTION FEE $11,222 ESTIMATED CONSTRUCTION COST $235,663 GROSS BUILDING SQUARE FOOTAGE COST 1,060 SF Gross Building Area 3222 OTHER COST CONSIDERATIONS ASBESTOS REPORT I STATE DEMOLRION PERMIT By Owner Temporary PowerlGas Consumption By Owner Temporary Water Consumption By Owner Plan Reproduction Costs By Owner Design, Engineering, 8 Materials Testing Fees By Owner Building Permit Fees Included Plan Review Fees TBD Water Improvement Fees TBD Sewer Improvement Fees TBD Water Meter Fees TBD Excavation Permit Fees TBD Use Tax Fees Estimate TBD Street Use Permit TBD Platting & Recordation Fees TBD Communications Service Fees TBD Performance and Payment Bond (Assumes RANA is Not Required to Bond) Included Performance and Payment Bonds For Subcontractors Not Included $0 TBD ~` R.i4. N E ~ S ~ N Standard Estimate Report Page 1 6VIlPING MOOM/.lu RFSOrr COMMUNmFS COZV POint Ranch 1/28/2009 12:14 PM Item Descdpdon Takeoff Qty Unit Cost Amount 001-0000 GENERAL REQUIREMENTS 001-3000 Admin. Requirements 3200 PrejeM Superintendent 2.00 MO 8,944.00 /MO 17,888 Admin. Requirements 77,888 0014000 Weather Conditions 4400 General Weather Conditions 001.5000 Temporary Facllides 5100 Temporery Power Consumption 5200 Temporary Water Consumption 5400 Field Office Equipment & Supplies 3.00 MO 150.00 /MO 450 5500 Temporary Sanitary Facilities 3.00 MO 150.00 /MO 450 5600 Dumpster Charges 3.00 MO 750.00 /MO 2,250 5700 Telephone /Fax /Modem Charges 3.00 MO 50.00 /MO 150 5600 Temporary Baniers & Signs 1.00 LS 300.00 /LS 300 Temporary Facllitles 3,600 001-7000 Execution Requirements 7100 Postage /UPS /Federal Express 3.00 MO 100.00 /MO 300 7200 Safely/First Aid/OSHA 3.00 MO 150.00 /MO 450 7300 Mobilize 8 Demobilize 1.00 LS 750.00 2S 750 7500 Final Cleaning & Window Washing 1.00 LS 840.00 25 840 7800 Warranty Reserve Execution Requirements 2,340 001-8000 Tools 8 Equipment 8100 Misc Rentals 3.00 MO 250.00 /MO 750 Tools 8 Equipment 750 GENERAL REQUIREMENTS 24,578 002-0000 SITE WORK 002-1000 Demolition 8 Hazmat 1100 Demoliton -Dormer/Flooring/V/indow 1.00 LS 4,200.00 /LS 4,200 1200 Demolition-Cabin LOgs Demolition 8 Hazmat 4,200 002-2000 Site Preparation 2700 Consh Fences 8 Parking 330.00 LF 12.00 /LF 3,960 Site Preparation 3,960 0024000 Site Earthwork 4100 EleclriWPhone/Cable Trench - 3' 100.00 LF 18.00 /LF 1,800 4100 Sanitary Trenching-6' 200.00 LF 30.00 /LF 6,000 4400 Water Trenching - B' 130.00 LF 32.00 /LF 4,160 4400 6ccavator-Equipment 1.00 LS 880.00 /LS 880 4400 Conc Walk Prep -Materials 240.00 SF 3.00 /SF 720 4400 Gas Trench 120.00 LF 22.00 /LF 2,640 Site Earthwork 16,200 002-5000 Utility Extensions 5300 Gas Service 120.00 LF 20.00 2F 2,400 5300 Electrical Service - By Elec. 1.00 FA 5700 Cable/Phone/Data Service - By Elec 1.00 LS Utility Extensions 2,400 002.9000 Landscaping /Irrigation 9100 Res[are Disturbetl Gress -Seed 1.00 LS 350.00 /LS 350 9100 Restore Disturbed Gress -Topsoil 1.00 LS 400.00 /LS 400 9100 Restore Disturbed Grass-Labor 1.00 LS 400.00 2S 4DD 9100 Restore Disturbed Grass - Ulil Trench 5,500.00 SF 0.50 /SF 2,750 r~ 'R.A.N E L S O N Standard Estimate Report Page 2 ~~ BUILDING MOUNTAIN RESOMt COMMVNIfIfS Cozy Point Ranch 1/26/2009 12:14 PM Item Description Takeoff Qty Unlt Cosl Amount 002-9000 Landscapingllmiga0on Landscaping I Irrigation 3,900 SITE WORK 30,660 003-0000 CONCRETE 003-3000 Exterior Concrete Slabs 3100 New Walk Slab - Conc Matedal 2.00 CY 225.00 /CY 450 3100 New Walk Slab -Labor 145.00 SF 4.00 /SF 580 Exterior Concrete Slabs 1,030 CONCRETE 1,030 006-0000 WOODS 006-1000 Framing Materials 1100 2x4x6' 150.00 EA 2.00 /F1L 300 1100 2x6x8' 30.00 EA 3.10 /EA 93 1100 2x6x10' 60.D0 EA 5.10 /FJ7 306 1100 1-3/4x5-1/4 LVL 1,230.00 LF 2.00 /LF 2,460 1100 1x6x8 #2' Clear Pine 48.00 FJ. 6.25 /F~l 300 1100 1x4x8' #2 Clear Pine 72.00 LS 4.00 /LS 288 1100 1x6x12' Pine Roof 12.00 EA 8.50 /FA 102 1100 2x12xi6'Floor Joist 15.00 EA 13.25 /FJ~ 199 1100 3/4" T8G Plywood 20.00 FA 26.00 /FA 520 1100 1x8 RS Cedar Siding 24.00 EA 13.00 /EA 312 1100 1/2" RS Pine Sitling 4x8 Sheet wBaftens 38.00 EA 34.00 /FJt 1,292 1100 2" Rigid Foam 1.00 LS 380.00 2S 380 1100 Paralam - 8' 43.00 EA 32.00 /EA 1,376 1100 Collar Tie Bolts 700.00 EA 1.75 /EA 1,225 1100 Fasteners and Hangers 1.D0 LS 1,200.00 /LS 1,200 1400 Misc Framing Materials 1.00 LS 750.00 /LS 750 Framing Materials 11,103 0062000 Framing Labor ' 2100 Gollar Ties and Sister Rafter 64.00 HRS 35.00 /HRS 2,240 2100 Interior Walls 50.00 LF 8.00 2F 400 2100 Buck Windows 8 Dacrs 18.00 EA 35.00 /FJL 630 2100 Reframe Dormers 2.00 EA 700.00 TEA 1,400 2100 Install New 3/4 Ply Flooring 502.00 SF 7.50 /SF 753 21D0 Install lxB Cedar Siding 716.00 SF 5.00 /SF 580 2100 Install Windows 13.00 EA i50.D0 /EA 1,950 2100 Install Fxtedor Doar and Window Trim 318.00 LF 3.50 /LF 1,113 2100 Install Drywall Ceiling 1,040.00 SF 1.35 /SF 1,404 2400 Log Remove antl Replace 1.00 LS 6,000.00 /LS 6,000 Framing Labor 16,470 006-4000 Finish Carpentry Labor 4100 Door Installation -Single Leaf 9.00 FA 65.00 /EA 565 4100 Door Installation -Double Leai 3.00 EA 150.00 /EA 450 4100 Install lntedor tz4 Trim 534.00 LF 3.50 2F 1,869 Finish Carpentry Labor 2,904 WOODS 30,477 007-0000 THERMAL & MOISTURE PROT 007-1000 Damp /Waterproofing 1100 Log Com Blasi -Interior and Fxt 2.00 EA 2,603.00 /EA 5,206 1300 Chinking Demo 2.00 F17 2,520.00 BA 5,040 13D0 Chinking 2.00 LS 3,450.00 2S 6,900 1300 Log Seal -Exterior 1.00 LS 3,250.00 2S 3,250 1300 Log Seal -lntedor 1.00 LS 3,480.DD 2S 3,480 (` R.A. N E L S O N Standard Estimate Report Page 3 ~~ BIIIIOING MOUNTAIN [ESO4t COMMUNIi,fS Cozy Point Ranch 1/28/200912:14 PM Item Descriptlon Takeoff qty Unit Cost Amount 007-1000 Damp I Waterproofing Damp I Waterproofing 23,676 007-2000 Themal Prot I Insulation --- R36 Roof -Blown In 1.00 LS 5,500.00 2S 5,500 --- R19 Batt at Floor Joist -Materials - 39' 23.00 Roll 103.00 /Roll 2,369 --- R19 Batt at Floor Joist -Labor 1.00 LS 840.00 25 840 Thermal Prot /Insulation 8,709 007.3000 Roofing 3100 Roofing-Propanel 1.00 LS 17,106.00 /LS 17,106 3100 Skylights-SupDIY 5.00 Ea 155.00 /Ea 775 3100 Roofing-Tear Off 1.00 LS 1,250.00 /LS 1,250 Roofing 19,131 007-6000 Flashing 8 6heetmetal 6100 Flashing 8 Sheetmetal Tdm - Incl in Roofing 1.00 LS 250.00 2S __ 250 Flashing 8 Sheetmetal 250 THERMAL 8 MOISTURE PROT 51,966 008-0000 DOORS AND WINDOWS 008-2000 Doors 2200 Clatl Windows and doors 1.00 LS 15,038.00 /LS 15,038 2200 3'0x6'8 Intedor Pina -Solid Prefnished 4.00 F1r 400.00 /FA 1,600 -- 4'0x6'8 Sliding Closet Door -Pine Prefinished 1.00 E4 400.00 /FJr 400 -- 1'4x6'8 Intedor Pine-Solid Prefnished 1.00 FA 325.00 /FA 325 -- 2'0x6'8 Intedor Pine Solid Prefnished 1.00 FA 325.00 /F.A 325 Doors 17,688 006-7000 Finish Hardware 7100 Pdvacy Hardware -Bath 3.00 FA 25.00 /EA 75 7100 Closet Hardware -wldeadboh 4.00 F.A 25.00 /EA 100 7100 Door Hardware Installation 1.00 LS 150.00 /LS 150 Finish Hardware 326 DOORS AND WINDOWS 18,013 009-0000 FINISHES 008-2000 Drywall 8 Gypsum Finishes 2100 Drywall - Matedals 661.00 SF 0.85 /SF 562 2100 Labor 661.00 SF 1.00 /SF 661 Drywall 8 Gypsum Finishes 1.223 009-4000 Protection of Finlshas 4100 Protection of Finishes 1.00 LS 200.00 /LS 200 Protection of Finishes 200 009.6000 Flooring 6500 Plywood Sub Floor Finish - 3 Coats Street Shoe 500.00 SF 1.50 ISF 750 6800 Replace 1x6 CVG Fir 78G 205.00 SF 8.00 /SF 1,640 6800 Sand and Finsih CVG Flocring 560.00 SF 3.00 /SF 1,680 Flooring 4,070 009.9000 Painting 9100 Seal Intedor Trim 1.00 LS 1,100.00 ILS 1,100 9100 Paint Exterior Trim - Incl in log seal 0.00 SF 9100 Paint Interior Walls 8 Ceiling 1.00 LS 2,500.00 2S 2,500 Painting 3,600 ~~ R,o'~'`MON.~Err~rSo~r,N Page 4 1/26/2009 12:14 PM Standard Estimate Report Item Descdption Takeoff Qly Unit Cost Amount FINISHES 9,093 010-0000 SPECIALTIES 010-0000 Toilet 8 Bath Accessodes 8100 Bath Accessodes -Included in Balh Fixture Allowance 1.00 LS 82D0 36x36 Crawspace Aaess Door 2.00 EA 350.00 /F1. 700 Toilet 8 Bath Accessodes 700 SPECIALTIES 700 012-0000 FURNISHINGS 012.3000 Manufactured Casework --- OtOce Cabin Cabinet-Allowance 1.00 LS 1,500.0025 1,500 --- Reception Cabin Desk -Allowance 4.00 Boz 250.00 /Box 1,000 Manufactured Casework 2.500 FURNISHINGS 015-0000 MECHANICAL 015-4000 Plumbing and Heating 4100 Plumbing -Office 4100 Plumbing -Reception 4100 Bath Fixtures Allowance Plumbing and Heating 015-5000 Heating Systems 5200 HVAC -Forced Air Furnace -Office 5300 HVAC -Forced Air Fumace -Reception Corridors Heating Systems 2,500 1.00 LS 5,700.00 25 5,700 1.00 LS 7,500.00 2S 7,500 1.00 LS 3,500.00 25 3,500 16,700 1.00 LS 4,775.00 25 4,775 1.00 LS 4,925.00 25 4,925 8,700 MECHANICAL 26,400 016-0000 ELECTRICAL 0161000 Electrical Rough 8 Trlm 1100 Electdcel Rough 8 Tnm 1.00 LS 20,000.00 /LS 20,000 Electdcal Rough & Tdm 20,000 0162000 Electrical Service 2100 Electdcal Service Connection 2100 Temp Power Connections and Turtles 0164000 Low Voltage 4100 Fire/Smoke Alarms -Surface Mount 4100 Telephone/Data Connection 8 Cabling 0.00 LS ELECTRICAL 20,000 017-0000 INDIRECT COSTS 017.1000 indirect coat 1030 Building Permit 1.00 LS 2,583.00 25 2,583 1030 Zoning Fee 1.00 LS 322.00 ILS 322 A~ R.A.NELSON ~' ` \VIIDING MOVNIAIN AESORi COMMUNITIES Item DescripUOn 017-7000 Indirect Cost 1030 Bond Indirect Cost Standard Estimate Report Cozv Polnt Ranch Takeoff Qty 1.00 LS Unit Cost 3,020.00 ILS INDIRECT COSTS Page 5 '6/2009 12:14 PM Amount 3,020 5,925 5,925 ( acknowledge that m submiaing lbia bid it is understood Ihat We right to reject any and all bids has been aserved by the owner. Aulhorize4 //iCf ~tGd`GN Titla: Full name signature: //~9"~J /d~oS Q t .J Compan}' address: Q~~ fu Fyn o .~`Oir/ C'D ~/ 6 ZO Tzlaphon¢number: GlJ 7o ~/~~' ~/S Z Fax number: / %D ~ `15< <(• ~ 7 Aaested by: Subcontractor & Material Sutinlier List Name: J+ ° '~ .Phone k: ~'~ ?e? -287 - 33 Z $~ Address: /eL76 E ~~ i('fr'L' C.o.-~`-~R•r+L ur~I~ ed Soot'1.- Senice or Profircl: ~d0 ~/ /J < Name: Gd Mi'oLf ~~/ G` ~j Cil"r/I ~"~. Phone k: 970 - Lty - // ? a Address: 7YG SLQYLL!G~f' DR.• G2M~a ?~-t G 8/feC' Service or Prodnec Name: Address: Sen~ce or Profircr: Nam¢; ~!S 2 ~t.~w'(~ulz . Phone ~: ??~ - 9Y7 - /990 Address: ~~ I o Hw Y s-y So 14YaL dt- 3 44E..J w eoQ S~ r. Go $ / b o t Service or Product ~e.fi~TR.r L.aflCi ~~'~ Name: .Phone:: Phoce #: BP1~9lt.0oc 'nP1 Can 's NMials Address: Sendce or Product Name: Address: Sennce or Prorhict: Phone ~: BPhW10oc 'BPi Cmindu's truliMs BID BOND IWOW ALL PERSONS BY THESE PRESENTS, That vve, the undersigned, R.A. Nelson & Associates. Inc. of 51 Eagle Road, Suite 2. Avon, CO 81620 es Prhidpal, herelreRer referred to ea "PdndpaP, and Safeco Insurance Comoanv of America a eorpaatbn olgantzed ultlerthe laws of the State of Washington . and quafified to traruect business N the State of Colorado, u "Surety are held and firmly bound unto the City of Aspen. Colorado. as obligee, flere61a1ler referred 1b es "City," in fire penal sum of. Five Percent of Amount Bid Ddlare ~§ 5% 1, lawful money of the Urs7ad 3tatas ofAmerice, far the Payrtrerd dwhk3r sum, well and truty fo be made to the Cily, wa bind ouraehres, and our hairs, exeartas, adm'rrietratore, successors, and assignees, Jointly and severely, by these preserr~: VIMEREA3. said Prncipal has submtlOad a bkf for oonstruetlon of Cory Point Ranch Cabin Renovation. 210 Juniper Hill Road, Aspen, CO 81611 NOW THEREFORE, M the City shell accept the bid of the Pdnapel and the Pdneipal shop enter inm a Caritrad for Conchtwtlon with the qqr In"accordance wtlh the terms of each Bid. and given sudr bond a bonds as may bs apedfied h the Bid Padrage a Conhad DoGxrrerrls wtltr good and suBciertt suety far the tistlhfid performance of sudl contract and for the prompt payment of labor and materiel ftsNsltad h the praseratlan thereof, or th the event of the fafiure of the Prindpel to enter each Corrtrad for Corretruc6on and give eudr bond or bonds, tl the Prhdpel shop pay to the Cly the dtlfererrce not to exceed the peretly hereof belwean the errant specified in said bid and such larger emourrt forwtlldt the ifirxipal may h good fatlh contrad wfih eratller party fo perform the work covered by said Bld, then this strefi be nut and vdd, otlsxwise to remain in fu0 farce and eifad in ~w. SIGNF~ AND SFJLLED this 26th day of January .2009. Attest Bv~~ SURETY: (ACOOrrpany 1Ns bond with certified copy of General Power of Attorney firm the Surety company to trxiude the date of the bond.) IMA t i55U 17th Street, Suifi 60D 1 Denver, CO BO7A2-1657 °n,..,. ana core ecaa Sc~'~~? CO KNOW ALL BY THESE PRESENTS: No. 12431 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporetion, does each hereby appoint e*eN""**"*JENNIFER BUB; SARAH FINN; BRADLEY J.JEFFRESS; NICOLE L. MCCOLLAM; KRISTEN L. MCCORMICK; ROBERT J. REITER; SHERYLL SHAW; KEITH M. THOMPSON; SUE WOOD; Denver,Colorado"feif"*"""""*"**""*""* its true and lawful aUOmey(s)in-fact, with full autirarHy to execute on its behalf fidelity and surety bonds or underhalings and other dowmerds of a simlar chareder issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 4th November 200E day of - ~, -, ~rn~ . a.r,..,,,.w r rc.,...w a. ~t.rt, Timothy A. Mikolajewcki, Vice President CERTIFICATE Extrad from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "AAide V, Sedion 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, end any Assistant Vice President appointed for that purpose 6y the officer in charge of surety operations, shall each have autl~odty to appoint individuals as attorneys-in-fact or under other appropriate titres with aulhodty b exewte on hehalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any insWment making or evidencing such appointrnant, the signatures may he eTfixed 6y facsimile. On any insWneM conferdng such autlfodty or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproducetl; provided, however, that the seal shall rrot 6e rrecessary to the validity of arty such insWment or undertaking." Extrad from a Resolution of the Boats of Diraclore of SAFECO INSURANCE COMPANY OF AMERICA and oT GENERAL INSURANCE COMPANY OF AMERICA adopkd Juy 28, 197D. "On any certificate exeaded by the Secretary or an assistant secretary of the Company setting out, G) The provisions ofArtide V, Section 13 of the By-Laws, and G9 A copy of fhe power-of-attorney appointment, executed pursuant thereto, end (ii) Certifying that said powerofattomey appointment is in Tull force and etfed, the signaWre of the certifying officer may 6e by facsimile, and the seal of the Company may be a facsimile ihereoi." I, Edmund C. Kenealy , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregocig extracts of the By-Laws and of a Resdution of the Board aF Directors of these corporations, and of a Power of Attorney issued pursuant>herelo, are We and carted, end tlral txrlh the By-Laws, are Resolution and tits Power of Attorney are still in full force and effed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation 5-0974rD510/08 yris 26th day of January 2pD9 Safeco Insurance Company of America General hsurame Company at Amedca POWER Seteco Plaza OF ATTORNEY seame,wA9Btea Edmund C. Keneay, SeereWry Safem®and tlra Safem bgo are registered trademarks of Safeco Corporation. WEB PDF AFFIDAVIT OF COMPLIANCE PROJECT NUMBER: 2008-022 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest: ~ _.__,,, ~... ~~r~~ Corporate Seal I~Q A/etae+.~ a--l~ss~c. j~a~ i ~ r'-7`-~-- ontractor "~-~ STATE OF COLORADO ) ~ f`~~l£ ~ 1 SS. //° COUNTY Before me~i,~, ~ ~-#.t , a notary public and for CColorado personally appeared~c,vts li]o ~qn known to me personally o be the person(s) whose signature(s) in my presence this I ~ ~- day of , A.D. 2009. My commission expires: 111"'•/1I~HI~y, y^~--~ NpTARY''; =: Notary Public - - E*' Mvco~~nmiaoo mss' LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and terms of this contract and affirms that the contractual time is the period mentioned in the contract Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate of $100.00 per day This amount and the total allowed time by the City shall not be negotiable under any Attest: Corporate Seal STATE OF COLORADO COUNTY ~c''g ~- SS. ~ ~~~~~~ c Contractor By: T.~i9-~~f ~fsd ~~ Before me ~ Csto ~ r~'r , a notarDDy public and for ~~ County, Colorado personally appeared Tavts L~orsew known to me personally to be the J~erson(s) whose signature(s) in my presence this Ir"~ ~'~- day of -~ un.c, , A.D. 2009 . My commissiogsa~pir,~s: ,o~ +~T' (Seal) rr"" ., l-; i MOTARY''• '_ `'_ 'S;ypt~tCri LIIA]I da. ~ry/~~~I,','p'III•c,• *LDI MY ~ E7~5: G~yL `_Y__l'"`~ Notary Public NOTICE OF AWARD Check only one category: ^ Hand delivered today Date: July 16, 2009 PROJECT No. 2008-022 RE: Cozy Point Ranch Cabin Renovations Bruce: This notice of awazd was issued to inform you that following a competitive Invitation to Bid, a determination was made that your bid was the lowest responsible and responsive bid. Accordingly, the City of Aspen hereby accepts your bid to perform the work outlined in the bid documents for an amount not to exceed Two Hundred Thirty Five Thousand Six Hundred Sixty Three Dollars ($235,663.00), subject to approval by the City Council of the City of Aspen. This contract will be presented to the City Council for approval at their next regular meeting. Your attendance is not necessary although you aze most welcome to attend. In accordance with the provisions set forth in the Contract Documents, you must comply with the following conditions precedent within seven (7) consecutive calendaz days of the hand delivery or fax transmission of this notice: 1. You must deliver three signed 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. 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 Awazd, and to declaze 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 NA7-971.doc NA7 W CONTRACT FOR CONSTRUCTION TxE Cm of As~v THIS AGREEMENT, made and entered into on July 27, 2009, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and R.A. NELSON & ASSOCIATES, INC., hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Cozy Point Cabin Remodel, 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 declazed the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awazded to the Contractor a Contract for Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 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 TWO HUNDRED THOUSAND SIX HUNDRED SIXTY THREE ($235,663.00) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents aze included herein by this reference and made a part hereof as if fully set forth here. CC1-971.doc Page 1 "CC1 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. 7. 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 party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract for Construction was reviewed and accepted through the mutual efforts of the pazties 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. Page 2 "CC1 IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: ATTESTED BY: CITY OF SPE/~N, CO/LORADO Title: APPROVED AS TO FORM: B _ :~~, "Attorney CONTRACTOR: By: /~ Title: v/- ~ 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. cci-s~i CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ) SS. COUNTY OF ) On this day of me first duly sworn, did say that s/he is 2009, before me appeazed to me personally known, who, being by of and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its boazd of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Public Address My commission expires: CCt-971.doc Page 4 "CC1 CERTIFICATE OF INCORPORATION (To be conmpleted if Contractor is a Corporation) STATE OF Colo«do ) r ) SS. COUNTY OF ~wo,Cx ) On this ISM day of ~ ..~ 2009, before me appeared Tar r s g e ~s ow , to me personally known, who, being by me first duly sworn, did say that s/he is Prv,,,,ar.~+- of ~~..Netscn, +-~«.~_.~... and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. ~Ll~~ Notary Public My commission expires: Mr Certification and Supplemental Conditions to Contract for Services - Conformancewith &8-17.5.101, et seq. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bi1106-1343 that added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens - Public Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requires that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the requirements of this new law. Applicability. The certification and supplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Contractor" means a person having a public contract for services with the City of Aspen "Public Contract for Services" means any type of agreement, regazdless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (i) Contractor does not knowingly employ or contract with an illegal alien; and (ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below is hereby amended to include the following terms and conditions: I . 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 verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendaz months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is eazlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5- 102 (5), C.R.S. 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen azising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. Public Contract for Services: Contractor: /S ~Y N~~r5C33L a %Y$~/GC7~ 5 ay: ~~~~ Title: JPW- saved: 8/3/2006-867-M:\city\cityatty\contract\forms\certification - hb-06-1343.doc Bond #6489123 PERFORMANCE BOND IW OW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, R.A. Nelson & Associates Inc. having a legal s .m. bUSiness address at 51 Eaple Road. Suite 2, Avon, CO 81620 a _ Corporation as Pdndpal, hereinafter called °Pdndpal", and Rur i Safeco Insurance Company of America Safeco Plaza Seattle WA 98185 a corporetlon organized under the laws of the State of Washington .end qualified to transact business in the State of Cdoredo, hereinafter plled'Surety, are held end flinty bound urdo the Cily of Aspen, a Cokxado home rule mulk9pelity, as Oflfgee, hereinafter pled `City, h1 the amount ot. Slx Hundred Sixty Three and • (a 235,663.00 1, In Isxful executors, administrators, sucpasore and assigns, jointly and severally, firmly unto these present. `N01100 Dollars WHERIAS, Pdrrcipal has by wrftten agreement dated June 15 .2009, entered Into a contred vrith Clly for Corv Point Cabin Remodel. 210 Juniper °' In accordanp With the Contrad Documents wNCh Contract Dowmenls is by reference made a part hereof, and is hereinafter referred to es the Contr~t. NOW, THEREFORE, ff Pdndpel shall welt, truly and faithfldty Perform its duties, all the urxlertaldngs, oovenarlts, terms, conditions and agreements of said Contred during the adginal tens thereof, and any extensions thereof which may ba granted by the City, with orwithout ngtip to fhe Surety and durtrtg the guaranty period, and ff Prindpal shall satisfy all delms and demands (nwrred under such Contract, and shell fully Indemnify and save hamlkss City from a8 costs and damages which h may suffer by reason of tailure ~ do so, and shall reimburse and repay the City a8 out~y and expense which the City may irtau in maidng good any default, then ttas obtlgation shall be vokl; otherwise lt shall remasr in full fore and effect The Surety hereby waives notice of any alteretion or extension d time made by the City. Wnanever Pdndpat shall be, and dedared by Ctty to be In default under the Contrad, the Clty having performed City's obligation hereunder, the Srsety may promptly remedy the de(auh or shall promptly. (1) Complete the Contract in arxxxdanp with its terms and condidons, or (2) Obtain a bid or bids for completing the Contred th accordance with its feints and cord'itlons, and upon detemunation by Surely d the bwest responsible bidder, or, ff the City elects, upon determinatlon try the City and Surety jdrrtly of the lowest responsiNe bidder, arrange for a contract between such bidder end City, and make avaAable as wok progresses (even though there shook! be a defauff or succession of defaults under the Contract ar Contmds d cornpletlon arranged under this paragraph) sufficient funds to pay the rbst of completion less the balance d the contract pdce, inducting other coats and damages for which the Surety maybe liable hereunder, the amount set forth in the flret paragraph hared. The tens "balance d the Contract prig" as used In this paragraph, shall mean the total amount '"Hill Road, Aspen, CO 81611 amok uM Properly Paid by~City ~rk~paContrad and arty amendmerrts thereto, lase the (3) Any contrail or suaession of contrails entered Into hereunder for the completion of the Contrail, shaA also be wl>jeil to this bond as pert of the original Contrail oWlgatbns. Thla bond Is intended to be fn satlsfailion of, and in addition to, the bond required pursuant to Seillon 98.26.106, C.R.S., as amended. This bond, as a panafty end IndenW ficatlon bond, anao also erNitle City to recover as pad of the completion of the Contrail ar the payment of any labor or metedal costs hereunder, aduat and corrsequentlal damages, liquidated end un8quidatad damages, crosts, reasonable atloncys fees and witness fees, indudrng, without Omltatlons, the tees of engineering or archftedural consultants. surely, for value received, hereby stipulates and agrees that 1o kdernrniry and save hamrless the City to the extern[ of any and all payments in oonnection with the carrying out of the contred which the City may tx: required to make under the law by arty reason of such failure or default afthe Pdrxipal. Further, Surety and Pdndpai shall protect, defend, indemnify and save harmless the Cilt+s oifirx3rs, agenda, servants, and employees from end against all daims and actions end ell expenses irxidental m Bra defense of wch daima ar ectlorls, based upon or arising art of injuries or death d persons or damage to properly caused by, or ausfamed in connection wAh, thre Contract by canddions aeeted thereby, end on request of the City xdtl assume the defense of any dalm ar action brought against the City. No dgM of ~tlon sha8 amue on this Bond to or for the use of anY person or conporatlon otlrer than the City named herein or the employees, agelrts, admiristratora or wccessars of City. By: Title: _Nicole L. McCollam. Attorney-in-Fact NOTE: Accompany ft>is bond with certified copy of General Power of Attorney from the Surety to indude the data of the bond. (Data of Bond must not be prior to date of Contrail.) tl Principal Is Partnerehip, all partnere should exeade Bond. ~t1Y~/r'- I rsso vw seas swm bco Dena; CO BOaIL1Q57 Peons 3(li_SL lK'! SIGNED AND SEALED this 79th day o} June .2008. Bond #6489123 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, R.A. Nelson 8 Associates. Inc. having e legal business (Rndptl'a Nun) address at 51 Eagle Road, Suite 2, Avon, CO 81620 u a CorpUor~ation` `a es Pdndpal, heminafter celled'Pdndpal', and Safeco Insurance Company of America Safeco Plaza. Seattle. WA 98185 la~r•Y+~wq a corporefion organized underthe laws of the State of Washington and qualified to transact business in the State of Cdoredo, hereinafter called 'Surety°, are held and farrly board unto the City of Aspen, a Colorado home rule murtidpality, as Obligee, hereinafter plled'City', in the amount of Two mdred Thiny Five Thousand Six Hundred Sixty Three and NO/tee Dollars (ti 235.663.00 ), In lawful money of the Unftad States for payment whereof Prindpal and Surety birW themselves, their hake, exewtors, administrators, successors and assigns, jdntiy and severely, flrtrly unto these l• WHEREAS, Prindpal has by written agreemard dated June 15.2008, ordered info a contrail WUh the City for a project entltled: in atxordance with iha Contract Docunertts whkh Conked Ooamerds Is lty reference made a part hereof, and is hereirtafl~ referred to es the Contrail. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, O Pdndpal shall prompty make payment to a0 daimards hereinafter defined, for au labor and material used or reasonaby required for the use in the paAortnance of the Contract, then this oblgation shall ba vdd; otherwise ft shall remain in full farce and affect, subject, however, to the following condfions: 1. A Claimant is defined as having a direct contract with the Prindpal or with subcontractor of the Prindpei for labor, malarial, or both, used or reasonably regrired for the performance of the Contract, labor and material being construed to Include that part of water, gas, power, rght, heat, oil, gasoline, telephone service or rental equipment directly applicable to the Contrail 2. The above-Hama Prindpal and Surety hereby JolMly and severely agree wtth the City that every claimant as herein defined who has rxrt been paid in iWl before the expiretlan of ninety (80) days after the date on wNch the lad of each daimanl's work or labor was done or performed or materials were finniahed by such Gaimant, may sue on this bond for use of such sums as may be Justly due claimant, and have execution thereon. The City shall nil be liable for the payment of any costs or expenses of arty such suit 3. No Butt or action shall commence hereunder by any daxnant: (a) Unless claimant, other than one having a direct oontreil witit the Prindpal shell have given written notice to any of the following: The Principal, the City, or fhe Surety above named, within ninety (9D) days attar such daknartt did or performed the last of the work or labor, or Nmiahed Ore last of the materiel for which said claim is made, stating with substantial accuracy the amount chimed end the name of the party to whom the materials were fianished, w for whom the work of labor was done a performed. Such ratite shati be served by m~ling the same registered mall or certified mail, postage prepaid, in en errvelope addressed to the Prtndpal, City w Surety, at any place where an office is regularty maintained tar the frensadbn of business, w served in any manner in which legal process maybe served In the State of Cobredo. Ib) After tlta expiretion of ane (1) year following the date on which Prindpal ceased work on said Conbad, tt being urderstcod, however, that if any timRation embodied in tltls Bond is prohibited by any law corttroBing the wnstruction hereof, such 5rrdtatbn shat be deemed to be amended so as to be equal ib the mbimum period of limitation permitted by such law. (c) Other than N a state of competent jurisdatlon in and for the County of Pitlcat, State of Cdaado. 4. The amount of ttis Bond shay be reduced to the extent of any payment or payments made hereurxler, inclusive of the payment by surely of Ilans w claims which may ba reed of record against iha improvement(s), whether w not dean for the amount of suds Ilan be presented wider and agairtst this Bald. 5. This Bond is intended to be in satisfadion of, and in addition to, the bond required pursuant to Section 3tS-26105, C.R.S., as amended. 6. No final settlement between the Cily and Prindpal shall abridge the right of any banefidary hereunder, whose claim may be unsatisfied. SIGNP~ AND SEALED this 19th day Of June .2009. PRINCIPAL: RA. Ison & Associates, Inc. __ (9egl) BY• Attest: Title: SURETY: Witness: l~le6t; Title: Nicole L. McCollam Attomev-in-Fact NOTE: Axompany 1Ns bond with eertfied copy of General Power of Atlomey from the Surety Comparry to 6ldude the date of the bond. (Date of Bond must rat be prior to date of Conked). If Prindpal Is a Partnership, all parMers should execute Bortd. /Y~ I tsso vm weer, score bco Denver, CO 8o2DL1657 Phone i01 .Si1 lK] Bond #6489123 MAINTENANCE BOND IWOW ALL PERSONS BY THESE PRESENTS, Thatwe, fhe undersigned, as R.A. Nelson & Assoelates, Ina. of 51 Eagle Road, Suite 2, Avon, CO 81620 , ag Principal, hereinafter referred to as "PrindpaN, and Safeco Insurance Company of America a mrporaOon organized under the laws of the State of Washington ,and qualified to transact business in fhe State of Cobredo, as "Surety" are held and finny bourns unto the City of Aspen, Cdoredo, as oblgee, hereinafter referred to as "City," in the pedal sum of ($ 235.663.00 }, latvfirl nroney of the UnOed States of America, fir the Payment of which sure, well and tney m be made to the Cfty, wre bind ourselves, and our hens, executors, administrators, successors, and assignees, jointly and severalty, by these presents: WHEREAS, said Prirxapal tree entered into a written Contrail with the obligee dated . 2009, for fumisNng all equipment, labor, tools and materials tor. Cory Point Rarx:Ft Cabin Rendvation. in acoordence with detailed plans end specifications on file in the office of the Cfty Clerk ~ said City, a copy of which Contract is attached hereto and made a pert hereof. NOW THEREFORE, The condifiorrs of the foregoing obtlgefiona are such that O the said Prirrdpel shell well and truly perform a0 the covenants and conditlons of this Contract on the part of said Pdndpal to be performed, and repeP w replace aq defects for a pedod of two year(s) as provided herein, end protect end save hamiless the Cfty of Aspen, Cdoredo, from all loss and damages to fife w property suffered or austeined by any person, firm w corporation, caused by said Prncpal w his ageMa w Ne employees, in the performance of said work, w by, w in consequence of arty regGg~ce, carelessness, or miacwdud in guerdmg aM protecting same, w from any unproper or dafadfve equipment w materials used in the work, w other damages, costs and expenses and sat forth h such Contrails, Oren this obligation sha0 be void otherwise to remain in full force and effect in Iaw. This Bond guarantece that the material and equipment famished and used, and workmanship employed in the performance of the work described in Oils Contract witl be of such dtaracter end quality as to irsure it to be free from a9 defects and in continuous good order and in a corxfiOon satisfactory to the Governing Body of the City of Aspen for a period of two year(s) from the date of the issuance of the Certificate of CompleOon. This Bond guarantees that the said Principal will keep and maintain the subject work wiOrout addOor~ charge or cost to the City of a period specified,-and make such repairs or replacement of any detective construcOon as the City may deem necessary. The said Principal shell not l>e required to malnteln any part of the irnprovemeM under this guarantee which, after ils completion and acceptance shall have been removed or altered by the Ctly or its agent SIGNED AND SEALED this 19th day of June ,piMg, PRINCIPAL•~. Nelson & Associates, Inc. (~9 BY ~ /- Attest: B rne: V SURETY: By:' ~~ A'~1/~1~\~~Q ., witness'. Title: Nicole L. McCollam, Attorney-in-Pact (Accompany this bond with certified copy of General Power of Attorney from the Surety Company to Induda fha date of the bond.) ~,Y~ 155017N Steer, SWIe 60D Denvey CO 80IDL7657 Ltbert~~ POWER Ma:itualR OF ATTORNEY KNOW ALL BY THESE PRESENTS: Safeco Insurance Canpeny of Amedce General Insurance Company of America 10D7 4th Avenue Suite 17D0 Seattle, WA9a154 No. 12431 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA. each a Washington corporation, does each hereby appoint *"***"****JENNIFER BUB; SARAH FINN; BRADLEY J. JEFFRESS; NICOLE L. MCCOLLAM; KRISTEN L. MCCORMICK; ROBERTJ. REITER; SHERYLL SHAW; KEITH M. THOMPSON; SUE WOOD; Denver,Colorado"**"**"'**'"'*"*****'"*** ifs true and lawful attomey(s)in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other doaments of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents ibis day of Dexter R. Leas. Secretary Timothy A. Mikolaiewski, Vice President CERTIFICATE Extrad from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Arfide V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistam Vice President appointed for that purpose by the officer in charge of surety operations, shall each have autllodty to appoint individuals as attorneys-in-fad or under other appropriate titles with autllodty fo exewte on behalf of the company fidelity and surety bonds and other documents oT similar character issued by the company in the course of its business... On any instrument making or evidencing such appointrnent, the signatures may be affixed by Tacsimile. On any instrument conTerdng such authority a on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the valirfity of any such instrument or untlerfaking." Extredfrom a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted Juy 28, 1970. "On any certificate exewted by the Secretary or an assisfaM secretary of the Company setting out, (I) The provisions of Arlide V, Section 13 oT the By-Laws, and (ii) q cppy of the power-of-attorney appoinlmeM, execvtetl pursuant thereto, and (iii) Certifying that said powerof-attorney appoinhnent is in Tull force and stied, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Seaetary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify iFiat the foregoing extracts of the By-Laws and of a Resolution of the Board of Diredors of these corporations, and of a Power of Attorney issued pursuam thereto, are We and coneri, and tliat both the ey-Laws, the Resolution and the Power of Attorney are still in full force antl e0ed. IN WITNESS WHEREOF, i have hereunto set my hand and affixed the facsimile seal of saitl corporation s~n~. 21st March 20D9 this 19th day of June 2009 ~~'' ~~~~ Dexter R. Legg, Secretary 5-0974rDS 3/09 WEB PDF Client: 22150 RANELSO AC~RD CERTIFICATE OF LIABI LITY INSURANCE ""' TM ;;;;Zoos PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IMA of Colorado, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1550 17th Street Suite 600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver, CO 80202 303 534-0567 INSURERS AFFORDING COVERAGE INSURED INSURER A: NBVIJatOrs Specialty lDS(*) R.A. Nelson & Associates, Inc. INSURER B: Everest National Ins Co (*) 51 Eagle Rd., Bldg 1 & 2 INSURER C: Pinnacol Assurance P.O. Drawer 5400 wsuRERD: Continental Western Insurance Avon, CO 81620 INSURER E: *Partners Specialty Group, LLC COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR rypE OF INSURANCE POLICY NUMSER POLICY EFFELTNE DATE MMIDO POLICY EXPIRATION DATE MMIDD Y LIMn S A GENERAL LIABILITY CEO6CGL00502302 f Q/Q1/QB f Q/Q1/QO EACH OCCURRENCE $2 OOO OOO X COMMERCIALGENERAL LIAR ILRV FIRE DAMAGE (Any one fire) ESO OOO CLAIMS MADE OCCUR MEO EXP (Any ono person( EEXCLUDED X 81/PD Ded:25000 PERSONAL 8 ADV INJURY E2 OOO OOQ GENERAL AGGREGATE $2 QQQ QQQ GEN'L AGGREGATELIMITAPPLIEB PER: PRODUCTS-COMP/OPAGG $2,000,000 POLICY X PRO LOC JECT D AUT OMOBILE LIABILITY CWP264637223 1O/O1/OB 1O/O1/O9 COMBINED SINGLE LIMIT X ANV AUTO (Ea accident) s1,000,OOO ALL OWNED AUTOS BODILY INJURY E SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY E X NON-OWNED AUTOS (Par acddenl) PROPERTY pAMAGE (Per ecadenU $ GARAGE LIABILrtY AUTO ONLY-EA ACCIDENT E ANV AUTO OTHER THAN EA ACC E AUTO ONLY: qGG E B EXCESS LIABILITY ]1CS000O45061 1Q/Q1/QB 1Q/Q1/Q9 EACH OCCURRENCE $S OOQ QQQ X OCCUR ~ ClAIMS MADE AGGREGATE ES OOO OOO a DEDUCTIBLE $ RETENTION $ E C WORKERS COMPENSATION AND 4085343 1Q/Q1/Q$ fQ/Q1/Q9 X WC STATU- OTH- T RY LIMIT ER EMPLOYERS' LIABILRY E.L. EACH ACCIDENT E1,000,OOO E.L. DISEASE-EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT E1 OOO OOO OTHER DESLRIPOON OF OPERATIONS/LOLATIONSIVEHILLESIEXCLUSIONSADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: Cozy Point Ranch Cabin Renovations, PROJECT No. 2008.022. City of Aspen is included as Additional Insured on the General Liability Policy if required by written contract or agreement subject to the policy terms and conditions. City of Aspen 130 S. Galena St. Aspen, CO 81611 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E El(PIRATNNJ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 3Q-DAYS WRITTEN NOTICE TOME CERTFICAIE HOLDER NAMED TOTHE LEFT, BVTFNLURE TO DOSOSHALL IM POSE NOOBLIGATION OR LIABILITYOF AN V HIND UPON TH E INSURER,ITS AGENTS OR ncunu LDS Iney71 of 2 #5468614/M444614 ARE ~ ncuKU wnruFURnurv Teen 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 certifcate 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 affrmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (7197)2 of 2 #S468614 /M444814 THe Cm of Asaw PROJECT CLOSURE FORM 130 S. Galena Street - Aspen, Colorado 81611 ADVERTISEMENT AND FINAL ACCEPTANCE Date: Contact Person Company Address City, State Zip Re: Project Title City Project #: ,Bid #: You aze hereby notified that the following advertisement for Final Payment appeazed in a local newspaper dated "After thirty (30) consecutive calendaz days from the date of second publication for project closure and release of retainage, the CiTy of Aspen will pay to Contractor's Name, Contractor, the full retainage on the project. All persons having claims for labor, rentals, services, or materials famished under this Contract, who shall not have been paid therefore, shall present the same to the City of Aspen in writing and verified prior to date specified above, or the City of Aspen shall be free of all obligations and liabilities for attempting to withhold payment to the Contractor." Subject to the terms of the Contract Documents the Final Payment will be attached and forwazded in the amount of ($~. Acceptance of which the Contractor thereby wazrants that all persons doing work upon or furnishing materials for work under this Agreement have been paid in fall. Failure to sign, approve and return one copy of this form, or to protest, within ten (10) consecutive calendaz days constitutes proof of receipt and acceptance by the Contractor of the final amount due under the Agreement. Please acknowledge by your signature below that the fmal amount of the Contract was paid and that the terms and conditions set forth above and in the Contract Documents relating to fmal payment aze understood and accepted. Convector 'r CLAIM RELEASE Sub-Contractor For valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned Sub-Contractor hereby releases the City of Aspen and waives all rights to file a claim for labor, services, machinery, tools, equipment, or materials furnished prior to while engaged as a Sub-Contractor to the Contractor, for the work on the Project, in the City of Aspen, Pitkin County, Colorado. Furthermore, the undersigned waives any and all rights the undersigned may have to file a lien, notice of claim, lis pendens or legal action against the City of Aspen, pursuant to Section 38-26-107, C.R.S., or to make any claim whatsoever against the City of Aspen, or its bond, for labor services, supplies, machinery, tools, equipment or materials furnished in connection with the above described work.. In the event an employee or agent or other person hired by the undersigned Sub- contractor to perform the work under the contract brings a claim against the City of Aspen for payment of labor or materials, or both, the undersigned Sub-Contractor agrees to indemnify the City of Aspen and to satisfy fully any such claim brought against the City of Aspen, its employees and officers. Attest: Corporate Seal, Sub-Contractor STATE OF COLORADO SS. COUNTY Before me By: a notary public and for County, Colorado personally appeazed known to me personally to be the person(s) whose signature(s) in my presence this day of , A.D. 2009. My commission expires: (Seal) Notary Public CLAIM RELEASE Contractor For valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned Contractor hereby releases the City of Aspen and waives all rights to file a claim for labor, services, machinery, tools, equipment, or materials furnished prior to while engaged as a Contractor for the work on the Project, in the City of Aspen, Pitkin County, Colorado. Furthermore, the undersigned waives any and all rights the undersigned may have to file a lien, notice of claim, lis pendens or legal action against the City of Aspen, pursuant to Section 38-26-107, C.R.S., or to make any claim whatsoever against the City of Aspen, or its bond, for labor services, supplies, machinery, tools, equipment or materials furnished in connection with the above described work.. In the event an employee or agent or other person hired by the undersigned Contractor to perform the work under the contract brings a claim against the City of Aspen for payment of labor or materials, or both, the undersigned Contractor agrees to indemnify the City of Aspen and to satisfy fully any such claim brought against the City of Aspen, its employees and officers. Attest: Corporate Seal Contractor By: STATE OF COLORADO COUNTY SS. Before me , a notary public and for County, Colorado personally appeared known to me personally to be the person(s) whose signature(s) in my presence this day of , A.D. 2009. My commission expires: (Seal) Notary Public CHANGE ORDER City of Aspen Engineering Department No PROJECT: OWNER; City of Aspen CONTRACTOR: DATE OF ISSUANCE: OWNER's Project No. ENGINEER: ENGINEER'S Project No You are directed to make [he following changes in the Contract Documents. Description: Purpose of Change Order: Attachmems: (List documentasupporting change) CHANGE IN CONTRACT PRICE: Origirel Contract Price: 50.00 Previous Change Order No to No. Contract Price prior m this Chmrge Order CHANGE IN CONTRACT TIME: Original Contract Time: days or date Ne[ Change from previous Change Orders gays Conhect Th This Change O8y5 DI O8W Net Increase (deereese) Net Increase (dareese) of this Change Order ofthis Change Order days Contract Price with ell Contract Time with afl approved Change Orders approved Change Orders S days or date RECOMMENDED: APPROVED: APPROVED: by: by: by: Engineer Owner Contractor wo-m CO7 APPLICATION AND CERTIFICATE FOR PAYMENT cYOz TPOx.N: xmp' axaXr.la na.: wJareanr'. ' Dwrwl Peroltem B ArchNw PmwJTa: ~c rruaclw Frow CaYrlw: .. Ve XrtIM0.' PrnNelNm. CwYatl FM: Carttl Mr: CONTRACTOR'S APPLICATION FOR PAYMENT nle xennumk,lewukVrx.knir.urwwlX[bea xt okcmmxewn nm»I.a3e. infxrmluw uM l.did, Ilk xvxl (v[qM 1•e' Wu Appliatlnn (m Ilvnrtul lec Mn axMwiM nWUbi»xxf4 WnW rawntrer,uwa»aw~+pia+e'mxw. ~-wJvuc xulr llrt Cwmt]llrkurlk~lln. llml sllkm uluac Mm pe':J N;'IM1efgnlrwinl [ CxlFngm6'w3nuxp•e0 ( w WuA fu xfixM1 ixc uc<:rvlilialt+fw l'xinknl xuc unl rlJ ryl'mcut [acix'E fmm ~ M pgmnnLuwn Xcmn n Imr Nk. Iln Umw. xrd Jn <urrt L Un%aW CmJt 15um _...._..... . GONTRAGTDR: 1. Nn I Mn(t. Ny I.YUn[[ lX@f .. il:niniu tium la DMe uin r • )r ........... .... ... Clbld CwryMeJaW Ylud l'rr Ualc._.. _. _.. - RY- _..___ _.. __. Uxlm .. _.. :G.o.L.u4N9 ui CUmM'+rcJ N'urk NuluarpeJ mdmmnklNamnlx. 4~of Nwea I'Ww: L. x1YUxM MMCi NI A1y(:mmNexu em"w ILIxI NMUnaM1' ~..~ ... av Nt.iinrlmrrY•FI fl e. i'mal Paned I eu 0.pNwXr .. ... ARCHITECTS CERTIFICATE FOR PAYMENT PWaxy : ~ Iu uuJxw xilF rle Cw au 0uww • M.eJ r» krpwen vJUk Lna Parr Culilluu 1'.n I'aemems . .miPUny rlk Nxwv xryrluenw, Jk Nd'Ja'I cmiW wIM Vnixnlw ro IM1e leJ n18e ' . ~ti, JRtMe N~lwu Ar.lixcNaruxdeM. nfn oarr,aM IeIrA Y.e N xM1 iur MxRCe"I n ieJk+IW, 'A pWix MIM.\yeAnui wv+nlly¢kx4 pe[~wryrlhtkwM~. w1'IU I:Wgrx: Wr b.l:wrtlp Yavlrldl Du[ ....... ~, ~ xmlxrllx lmTkul Nrlx fl?MMIVI'(Y:N'1111f:N. V. IUluee to Finitll. l'Ine llnunap+ ~_... arpalie[pls[p ~ xrblx. ul iAWAV.ynxne aumlwuYadxan lw uu xwry-.wew .[ry:.n.m•u.+. /+rv~•aw o. taxewur .wx; Mx aru uwpa m vwn wn wr rnww rvor..tll (}IAHDR ORDER SUMMARY Addwml WJUaNIU iaW YagnypwN u PNe+rYal Oxc T..1aRm»JANalxw RI1LId a Chr{v BY CMy[ ONw ARCHITECT: NY _______-__.._-_nalr .. IIUC CUVOCa¢ia un neP.'^NN TXe AMOIl~i C1A'I'flW it luJxltlconl)'wrle 4n uwl M.anisw e.lu) [nl lyd ¢'.xyxw alm rculJnmr Pciwlmc a axy rlNlnx nl Jrt. n. nn nr t'nnvmm Doan Jn tam~xmn Daily Construction Log 130 South Galena Street, Aspen, Colorado 81611 PROJECT # BID # PROJECT TITLE: PROJECT LOCATION: DATE: WEATHER: PAGE OF TRAFFIC CONDITIONS: WORKING DAYS LEFT WORKING DAYS USED CONTRACTOR: SUPERINTENDENT: INSPECTOR: SUMMARY OF TODAY'S WORK AND COMMENTS: CONTRACTOR: CITY INSPECTOR: DATE: