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HomeMy WebLinkAboutresolution.council.039-13 RESOLUTION # 39 (Series of 2013) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND EXCAVATION SERVICES INC, SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE 2013 CONCRETE REPLACEMENT AND PEDESTRIAN IMPROVEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Excavation Services, 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 Excavation Services, Inc regarding the 2013 Concrete Replacement and Pedestrian Improvement Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: A!'Me' rels Michael C. rreland, or I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held April 8t" 2013. Kath , n S. Koch, City Clerk 0 i R�tft t % 2013 Concrete Replacement and Pedestrian Improvement Project City of Aspen Engineering Department City Project Number: 2013-041 BID DOCUMENTS & CONSTRUCTION SPECIFICATIONS OPENING: 2 pm, March 19, 2013 For further Information, call (970) 920-5079 City of Aspen 130 S. Galena Street Aspen, Colorado 81611 (970) 920-[5080] FAX (970) 920-[5081] CS1-971. doc CS1 CITY OF ASPEN 130 South Galena Street Aspen Colorado 81611 (970) 920-5079 Project Title: 2013 Concrete Replacement and Pedestrian Improvement Project Project No.: 2013-043 BID PACKAGE (Contract Documents) TABLE OF CONTENTS Pages Invitation to Bid - Instructionto Bidders ........................................................................... IS 1 General Conditions .............................................................................. GC 1 SpecialConditions ............................................................................... SCI Technical Specifications ......................................................................... TS 1 Qualification Statement .........................................................................*QS1 BidProposal ...................................................................................... *BPI BidBond ..........................................................................................*BB1 Affidavit of Compliance ....................................................................... *AC1 Liquidated Damages Form .................................................................... *LD1 Noticeof Award ..................................................................................NA 1 Contract for Construction ................................................................... **CC1 Certification and Supplemental Conditions to Contract for Services- HB-06-1343 Conformance with §8-17.5.101, et seq. Performance Bond ............................................................................. **PB PaymentBond .................................................................................. *YB 1 Maintenance Bond ............................................................................. *MB 1 Contractor's License - supplied by contractor ..............................................**LC 1 Noticeto Proceed ................................................................................. NP1 Daily Construction Log Form .............................................................ENG-304 Progress Pay Estimate Form ..................................................................... PEI ChangeOrder Form .............................................................................. COI Claim Release Form .......................................................................... **CR1 Project Closure Form ............................................................................ PC1 Appendices .......................................................................................... AP Appendix One, Site Locations Map.................................................... API Note: Page Markings; Pages to be executed prior to submitting sealed bids. ** Pages to be executed upon notice of award and prior to pre-construction conference. *** Pages to be executed during final stages or completion of work and prior to release of retainage. TC1-971.doc TO a INVITATION TO BID Sealed bids will be received by the City of Aspen, Colorado, at the Purchasing office, 130 South Galena Street, Aspen, Colorado, until, 2:00 pm Tuesday March 19, 2013 at which time the bids will be publicly opened and read aloud, for the following City of Aspen project: 2013 Concrete Replacement and Pedestrian Improvement Project Complete proposal packages are available on or after 2:00pm,March 5,2013 from www.rockymountainbidsystem.com Vendors must be registered to view the bid packages. There is no charge to register. Call 1-800-835-4603 if you need assistance registering. A pre-bid conference will be held on Tuesday March 12, 2013, in the Sister Cities Room in the basement of City Hall at 11:00am. The pre-bid conference is an opportunity for bidders to convey questions pertaining to the plans and specifications to the Engineering Department. The pre-bid conference is optional. Each bid must include Bid Security and be accompanied by a bid bond or certified check made payable to the City of Aspen in the amount of 5%of the Bid. The Bid Securities of the three lowest, responsive and responsible bids may be held until the Contract is awarded. The Bid Securities included with other bids shall be returned promptly after the bids have been evaluated and compared. 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 City cannot accept faxed, late or emailed bids. The Bid and Bid Security must be placed in one envelope securely sealed therein and labeled: "City Project Number: 2013-041 for 2013 Concrete Replacement and Pedestrian Improvement Project"and addressed to: City of Aspen Purchasing 130 South Galena Street Aspen,Colorado 81611 In addition to price, the criteria set forth in the Instruction to Bidders and any specific criteria listed in the bid documents may be considered in judging which Bid is in the best interests of the City. No bid may be withdrawn within a period of six 60 calendar days after the date fixed for opening bids. No bids will be considered which are received after the time mentioned, and any bids so received after the scheduled closing time will be returned to the bidder unopened. By: Rebecca Hodgson PURCHASING OFFICER h, INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION PROJECTS 1. The City of Aspen has advertised to invite Bidders to submit sealed Bids for a construction project which is fully described in the Contract Documents accompanying these instructions. The following instructions have been prepared to assist Bidders in the preparation of their Bids. 2. The Contract Documents for this project shall consist of the following documents: A. Invitation to Bid(Public Notice). B. Instructions to Bidders. C. Bid Proposals D. Addenda, if any. E. General Conditions. F. Special Conditions. G. Bid Bond. H. Notice of Award. I. Contract for Construction. J. Payment Bond. K. Performance Bond. L. Maintenance Bond. M. Drawings, identified in General Conditions. N. Specifications identified in General Conditions. O. Affidavit of Compliance form. P. Liquidated damages form. Q. Contractor's License form. R. Daily Construction Log form. S. Progress Pay Estimate form. T. Change Order Form U. Claim Release form. V. Insurance Certificates. 3. Information contained in the Contract Documents, as completed during the bidding and contract award process, shall be the basis for the bids, and nothing shall be deemed to change or supplement this basis except for written revisions to the above documents issued by the City of Aspen. 4. The City of Aspen reserves the right to reject any or all bids or accept what is, in its judgment, the best bid. The City further reserves the right, in the best interests of the City,to waive any technical defects or 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 preparation shall be borne solely by the persons or entities submitting bids. 6. The following procedures or steps shall be followed after the issuance or publication of Invitation for Bids: A. Reference is made to the Invitation for Bids to determine if a pre-bid conference will be scheduled, and if so, where and when. If a pre-bid conference is scheduled, attendance at the pre-bid conference is mandatory unless prior authorization is given by the Bid Coordinator. The costs of attendance at a pre-bid conference shall be borne entirely by the Bidder. B. Reference is made to the Invitation for Bids to determine how complete Bid Packages may be obtained. C. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site, if any, to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect costs, progress or performance of the Work; (d) familiarize himself with the unique weather conditions of the City of Aspen and surrounding area that may affect costs, progress or performance of Work; and (e) study and carefully correlate Bidder's observations with the Contract Documents. D. Reference is made to the Special Conditions and the Invitation for Bid for the identification of those specific requirements of the project or otherwise affecting cost, progress or performance of the Work which have been relied upon by the City of Aspen or a consultant in preparing any Drawings or Specifications. These special provisions supersede the General Conditions in the Contract Documents. Before submitting the Bid, each Bidder will, at his/her own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. E. Reference is made to the Invitation for Bids to determine the place, date, and time for delivering sealed Bid proposal for this project. F. Bids shall be submitted at the time and place indicated in the Invitation for Bids and shall be included in an opaque sealed envelope, marked with the Project title, Bid Number, and name and address of the Bidder and accompanied by the Bid Security referenced below and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. Bids submitted by facsimile machine(FAX) shall not be accepted or considered. G. Each Bid must be accompanied by Bid Security made payable to the City of Aspen, in an amount of five percent (5%) of the maximum Bid price or as set in the Invitation for Bids and in the form of a certified or bank check or a Bid Bond(on form attached). The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract for Construction and furnished the required Payment, Performance, and Maintenance Bonds, or other Bonds if any are required by the Special Conditions, whereupon it will be returned; if the Successful Bidder fails to execute and deliver the Contract for Construction and furnish 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 first (61) day after the Bid opening, whichever is later in time. Bid Security of other Bidders will be returned within ten (10) days of the Bid award by the City Council. H. Reference is made to the Contract Documents for any Bid Forms that may be required to be completed as part of the Bid. Bid Proposal Forms, as required, must be completed in ink or by a printer/typewriter. The Bid price must be stated in words and numerals; in case of a conflict, words will take precedence. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by 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 at any time prior to the opening of Bids. No Bid may be withdrawn for a period of sixty(60)days after the date fixed for opening of bids. J. At the place, date and time fixed for opening bids, all bids received prior to that time shall be publicly opened and read aloud. All bids shall remain open for a period of thirty (60) days, but the City may, in its sole discretion, release any Bid and return the Bid Security prior to that date. K. The City shall then evaluate each bid in the best interests of the City of Aspen. The bids shall be evaluated to determine which are the lowest responsive and responsible bids. In 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 of the bidder; 4. The quality of performance of previous contracts or Construction; 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or Construction; 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the Construction; 7. The 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 financial data, previous experience or evidence of authority to conduct business in the state of Colorado. N. Upon determining the successful bidder, the City of Aspen shall send to the successful bidder a Notice of Award notifying the recipient of the City's acceptance of the bidders proposal, subject to City Council or City Manager approval of the Contract Documents. The Notice of Award shall also forward to the presumptive successful bidder three (3) unexecuted copies of the Agreement with instructions to execute and return the same to the City within seven (7) consecutive calendar days or risk having their bid 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 City of the duly executed copies of the Contract for Construction shall be asked to consider approval of the Agreement and authorize the Mayor of the City of Aspen to execute the same. If City Council approval is not required, then the Contract for Construction shall be executed by the City Manager. O. Upon receipt of Performance, Payment, and Maintenance Bonds, or other bonds when required by the Special Conditions, the City shall send to the Successful Bidder a Notice to Proceed duly executed by the City Engineer of the City of Aspen, and hold a mandatory Pre-construction conference. 7. All purchases of construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The City of Aspen's State of Colorado tax identification number is 98-04557. The City of Aspen's Federal Tax Identification Number is 84-6000563. 8. Reference is made to the Special Conditions for the nature and amount of any 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 are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 11. Reference is made to the Invitation for Bids for the identity of the City of Aspen's Bidding Coordinator who will coordinate all aspects of the bidding and awards process. All questions about the meaning or intent of the Contract Documents shall be submitted to the Coordinator in writing. Replies will be issued by Addenda mailed, faxed, or delivered to all parties recorded by the Bidding Coordinator as having received a Bid Package. Questions received less than seven (7) days prior to the date of Bid openings may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 12. All City procurements, source selection, contract formation, legal and contractual remedies, and standards of conduct relating to procurements with the City of Aspen are subject to the City's Procurement Code, Chapter 43 of the Municipal Code. 13. By submitting a bid, Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. City of Aspen-General Conditions . City of Aspen General Conditions For Construction Contracts �Yersion GC1-971 GC1-971.doc -..- City of Aspen-General Conditions . 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. 1.1. Abbreviations ....................................--......................................................................................................................................................... 5 1.2. Definitions ....................................................................................................................................................................................................... 5 Article 2-Preliminary Matters. 11. Delivery of Bonds ............................................................................................................................................................................................ 8 12. Copies of Documents ...................................................................................................................................................................................... 8 2.3. Commencement of Contract Time,Notice to Proceed .................................................................................................................................. 8 2.4. Starting the Project .......................................................................................................................................................................................... 9 2.5. Before Starting the Project .............................................................................................................................................................................. 9 2.6. Pre-constriction Conference ........................................................................................................................................................................ 9 2.8 Project Progress Meetings ................................................................................................................................................................................ 9 Article 3-Contract Documents,Intent,Amending,Ownership,Escrow Bid Documents 3.1. Intent............................................................................................................................................................................................................... 10 3.4. Amending and Supplementing Contract Documents.................................................................................................................................... 10 3.6. Reuse of Documents............. .............__..............._---.._.......................................................---..............................__._._,_................ 11 3.7. Precedence of Documents ............................................................................................................................................................................ 11 Article 4-Availability of Lands,Physical Conditions,Reference Points. 4.1. Availability of lands...................................................................................................................................................................................... 11 4.2. Physical Conditions.......................................................................................................................................................................................... 11 4.2.1. Exploration and Reports................................................................................................................................................................................... 12 422. Existing Structures .......................................................................................................................................................................................... 12 4.2.3. Report of Differing Conditions ...........................----................................................................................................---............................... 12 4.14. Engineer's Review ........................................................................................................................................................................................ 12 4.2.5. Possible Document Change .................--..................................................................................................................................................... 12 4.2.6. Possible Price and Time Changes.....................--.......................................................................................................................................... 12 4.3. Physical Conditions-Underground Facilities ............................................................................................................................................... 12 43.1. Shown or Indicated ....... __..__.........................--- _.....................................___....__..._____............................_.._......._.. __.. 12 4.12. Not Shown or Indicated................................................................................................................................................................................... 12 4.4. Land Surveys&Reference Points ................................................................................................................................................................. 12 4.5. Protection of Existing Vegetation ................................................................................................................................................................. 13 4.6. Hazardous Materials ...................................................................................................................................................................................... 14 4.7. Contractor's Representations .......................................................................................................................................................................... 14 Article 5-Bonds,Indemnification,Liability,and Insurance 5.1. Performance,Payment,Maintenance and Other Bonds......_....................................................................................................................... 15 5.2. Indemnification............................................................................................................................................................................................... 15 5.3. Contractor's Insurance .................................................................................................................................................................................... 15 5.4. City's Liability Insurance................................................................................................................................................................................ 17 Article 6-Contractor's Responsibilities. 6.1. General Responsibilities................................................................................................................................................................................. 17 6.2. Supervision and Superintendence.............................................................----.............................................................................................. 17 6.3. Labor,Materials,and Equipment .................................................................................................................................................................. 18 6.4.-6.7 Reserved....................................................................................................................................................................... 18 •. Page 2 City of Aspen-General Conditions . 6.8 Sub-contractors,Suppliers and Others........................................................................................................................................................... 19 6.9 Sub-contracting .............................................................................................................................................................. 20 6.10 Patent Fees,Royalties,Permits.............................................................................................................................................. 20 6.11 Permits ........................................................................................................................................................................ 20 6.12 Laws and Regulations ....................................................................................................................................................... 20 6.13 Taxes ....................................................................................................................................................:.......................21 6.14 Use of Premises ................................................................................................................................................................21 6.15 Record Documents .......................................................................................................................................................... 21 6.16 Safety and Protection ........................................................................................................................................................ 21 6.17 Emergencies ................................................................................................................................................................... 22 6.18 Shop Drawings and Samples .............................................................................................................................................. 22 6.19 Claim Release,Mechanics'Lien ............................................................................................................................................ 23 6.20 Continuing the Work .........................................................................................................................................................24 6.21 Contractor's Facilities .........................................................................................................................................................24 Article 7-Other Work 7.1. Related Work at Site ...................................................................................................................................................................................... 24 7.2. Coordination ................................................................................................................................................................................................. 24 Article 8-City's Responsibitifies. 8.0. ........................................................................................................................................................25 Article 9-Engineer's Status During Construction. 9.1. Citys 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 Payment s......................._............_............._..........__....._....._........_..._...................._............._........ 26 9.8 Decisions on Disputes.........................................................................................................................................................26 9.9 Arbitration ..................................................................................................................................................................... 27 9.10 Limitations on The Engineer's Responsibilities.......................................................................................................................... 27 Article 10-Changes in the Work 10.1. City Initiated Changes ......................................................................................................................................................................................... 27 10.2. Work Directive Change ...................................................................................................................................................................................... 27 10.3. Change Order ....................................................................................................................................................................................................... 28 10.4. Contractor Change Request ................................................................................................................................................................................ 28 10.5. Down Time 10.6. Submittal Requirements and Waiver of Claims ................................................................................................................................................ 29 Article 11-Changes of Contract Price. 11.1. Contract Price Adjustments ................................................................................................................................................................................. 29 11.2. Contract Time Adjustments ................................................................................................................................................................................. 29 11.3. Force Account Work ................'........................................................................................................................................................................... 30 11.4, Contract Sum Determination ............................................................................................................................................................................... 30 11.5. Cost and Pricing Data............................................................................................................................................................................................ 32 11.6. Variation in Quantity of Unit Priced Items ........................................................................................................................................................ 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. Correction or Removal of Defective Work ......................................................................................................................................................... 35 13.7. Correction Period ................................................................................................................................................................................................. 35 13.8. Acceptance of Defective Work.............................................................................................................................................................................. 35 • •• Page City of Aspen-General Conditions . 13.9. City May Correct Defective Work .........._—........................................................................................................_............................................ 36 13.10. Unauthorized Work ..........................................................................................................................................................---............................. 36 Article 14-Payments to Contractor and Completion. 14.1. Determination of Work Value ............................................................................................................................................................................ 36 14.2. Application for Progress Payment ...........—...........................___..............................................................................................................__.... 36 14.3. Contractors Warranty of Title ............................................................................................................................................................................ 37 14.4. Engineer's Review of Progress Payments .......................................................................................................................................................... 37 14.5. Substantial Completion ..................................................................................................................................................................................... 38 14.6. Partial Utilization ................................................................................................................................................................................................. 38 14.7. Final Inspection ................................................................................................................................................................................................... 39 14.8. Final Progress Payment ........................................................................................................................................................................................ 39 14.9. Settlement Date,Notice to Subcontractors,Acceptance and Final Payment...................................................................................................... 39 14.10. Contractor's 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 Terminate ........................................................................................................................................................................................... 41 15.5. Contractor May Stop Work or Terminate .......................................................................................................................................................... 42 Article 16-Miscellaneous. 16.1. Nondiscrimination ............................................................................................................................................................................................. 42 16.2. Giving Notice ....................................................................................................................---....................................................--................... 43 16.3. Computation of Time .......................................................................................................................................................................................... 43 16.4. General ................................................................................................................................................................................................................ 43 16.5. Independent Contractor Status..............---..................................................---..................................................................................................- 43 16.6. Prohibited Interest ............................................................................................................................................................................................. 43 16.7. Warranties Against Contingent Fees,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. Attomeys'Fees .................................................................................................................................................................................................... 45 16.15. Waiver of Presumption ..................................................................................................................................................................................... 45 16.16, Severability Clause ............................................................................................................................................................................................. 45 16.17. Audit and Records ............................................................................................................................................................................................ 45 16.18. Audit .................................................................................................................................................................................................................... 46 •• .•- 4 City of Aspen-General Conditions for Construction Contracts 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 prepared 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 required to be defined in the Proposal by the Contractor shall have the meaning given to them in the Proposal to the extent that they are not in conflict with any other part or term of the Contract Documents. ARTICLE I-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 Heating,Ventilation,and Air Conditioning NBS National Bureau of Standards NEC National Electric Code NTP Notice to Proceed NESC National Electric Safety Code NFPA National Fire Protection Association OSHA Occupational Safety and Health Administration PHA Preliminary Hazards Analysis SAE Society of Automotive Engineers UL Underwriter's Laboratories,Inc. UMTA United States Department of Transportation,Urban Mass Transportation Authority UD&FCD Urban Drainage and Flood Control District do City of Aspen-General Conditions . 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 security, furnished by the Contractor and his/her surety in accordance with the Contract Documents. Change Order-A written order to the Contractor authorizing an addition,deletion or revision in the Work within the general scope of the Contract Documents,or authorizing an adjustment in the Contract Price or Contract Time, issued on or after the Effective Date of the Contract for Construction. City or Owner-The City of Aspen in Pitkin County,Colorado. Contract-All contract documents attached to the Contract for Construction and made a part thereof as provided herein. Contract Documents - The Contract including Invitation to Bid, Instructions to Bidders, Bid Proposal, Addenda, 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 verified justification for payment to the Contractor. Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory,faulty or deficient, or does not conform to the Contract Documents,or does not meet the requirements of any inspection,reference standard, test or approval referred to in the Contract Documents,or has been damaged prior to the Engineer's recommendation of .. -..- City of Aspen-General Conditions . 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 pursuant thereto. Laws and Regulations;Laws or Regulations-Laws,rules regulations,ordinances,procurement code and/or orders. Notice of Award-The written notice by the City to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein,within the time specified,the City will sign and deliver the Contract. Notice to Proceed-A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform Contractor's obligations under the Contract Documents. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose)before reaching Substantial Completion for all the Work. Procurement Code- Title 4 of the City of Aspen Municipal Code. Progress Pay Estimate - The form furnished by the City Engineering Department, which is to be used to record, approve, and process payment when the Contractor requests progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole,or a part as indicated elsewhere in the Contract Documents. Project Inspector-The authorized Civil Engineer or Civil Engineering Technician,designated by the City Engineer to observe construction,materials placement and testing and to prepare the Daily Construction Logs and field reports. Punch List-A form or letter that lists all incomplete or deficient Bid items,and is prepared upon substantial completion of the Work by the City Project Inspector. Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are specifically prepared by or for the Contractor and the sub-contractor to illustrate some portion of the Work and all illustrations, brochures,standard schedules,performance charts,instructions,diagrams and other information prepared by a Supplier and submitted by the Contractor and the Sub-contractor to 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. .. Page 7 City of Aspen-General Conditions . 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 required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents and those not specifically mentioned but necessary for successful completion of the Bid items. Written Notice or Written Notice of Amendment-A written amendment of the Contract Documents, signed by the City and the Contractor on or after the Effective Date of the Contract for Construction and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents ARTICLE 2-PRELIMINARY MATTERS 2.1 Delivery of Bonds: When Contractor delivers the executed Contracts to the Purchasing Department,the Contractor shall also deliver such Bonds as the Contractor is be required to furnish in accordance with paragraph 5.1. 2.2 Copies of Documents: The City shall furnish to the Contractor up to three copies(unless otherwise specified in the Special Conditions)of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request,at the cost 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 Procurement Code. The City shall issue a Notice to Proceed after either(a)the City Manager has executed the Contract, or (b) The City Council has authorized the execution of the Contract, and the Contractor has executed the Contract and other Contract Documents,and has delivered the specified bonds,Certificates of Insurance,as are required, and any other documents required to be delivered by the Special Conditions and Addenda(s)if any issued.The Contract Time will commence to run on the day indicated in the Notice to Proceed. .. Page 8 City of Aspen-General Conditions . 2.4 Starting the Project. The Contractor shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run and prior to a mandatory pre- construction conference conducted by the City. 2.5 Before Starting the Project. Before undertaking each part of the Work,the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from the Engineer before proceeding with any Work affected thereby. 2.5.1. Within Three Days after the Effective Date of the Contract (unless otherwise specified in the Special Conditions or General Requirements),the Contractor shall submit to the Engineer for review: 2.5.1.1. An estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.5.1.2. A preliminary schedule of Shop Drawing submissions;and 2.5.1.3. Quality Control and Quality Assurance(QA/QC)plan and policy to identify the specific steps the Contractor will take to ensure the highest quality in the constructed Bid items. 2.5.1.4.A Work Zone Safety Implementation&Enforcement Plan with specific action process. 2.5.2. Before any Work at the site is started, the Contractor shall deliver to the City and the Engineer, copies of certificates (and other evidence of insurance requested by the City) which the Contractor is required to purchase and maintain. 2.6 Pre-construction Conference: Within Seven(7)Consecutive Calendar Days after the Effective Date of the Bid Award,and before the Contractor starts the Work at the site, he/she and all of his/her sub-contractors and suppliers shall attend a mandatory pre-construction conference, conducted by the Engineer and others as appropriate to discuss coordination of construction activities, procedures for handling Shop Drawings and other issues,and to establish a working understanding among the parties as to the Work. 2.7 Project Progress Meetings The City and the Contractor shall meet once a week to review the construction activities, rate of progress, and other project related issues to ensure efficient and smooth progress of work. • .. Page 9 General City of Aspen- . . Contracts ARTICLE 3-CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.1 Intent. The Contract Documents comprise the entire agreement between the City and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Colorado. 3.1.1. It is the intent of the Contract Documents to describe a functionally complete Project(or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society,organization or association,or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification,manual,code or Laws or Regulations 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 direct 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 Supplementing 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 of Documents: Neither the Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the City shall have or acquire any title to or ownership rights in any of the design details,drawings or specifications. • .. 0 City of Aspen-General Conditions . 3.4 Precedence of Contract 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 Availability of Lands: The City shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto. The Contractor shall have full responsibility with respect to any conditions or provisions contained in applicable easements relating to the lands upon which the Work is to be performed. 4.2 Physical Conditions: 4.2.1. EXPLORATIONS AND REPORTS: Reference is made to the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Engineer in preparation of the Contract Documents. The Contractor may reasonably rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6.the Contractor shall have full responsibility with respect to subsurface conditions at the site.Contractor shall not,by virtue of this paragraph,be relieved from exercising ordinary skill and competence with respect to reliance upon the accuracy of the technical data contained in such reports. 4.2.2. EXISTING STRUCTURES: Reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities referred to in paragraph 4.3)which are at or contiguous to the site that have been utilized by the Engineer in preparation of the Contract Documents. The Contractor may reasonably rely upon the accuracy of the technical data contained 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 paragraphs 4.2.1 and 4.2.2 is inaccurate;or 4.2.3.2.Any physical condition uncovered or revealed at the site differs materially from that indicated,reflected or 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 findings and conclusions. • .. Page 11 City of Aspen-General Conditions . 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 TIME 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 furnished to the City or the Engineer by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Special Conditions: 4.3.1.1. The City and the Engineer shall not be responsible for the accuracy or completeness of any such information or data;and, 4.3.1.2. The Contractor shall have full responsibility for determining the existence of all Underground Facilities, for reviewing and checking and potholing for all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents,for coordination of the Work with the owners of such Underground Facilities during construction,for the safety and protection thereof as provided in paragraph 6.20 and for repairing any damage thereto resulting from the Work,the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. NOT SHOWN OR INDICATED: If an 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 paragraph 6.17.1), identify the owner of such Underground Facility and give written notice thereof to that owner and to the City and the Engineer. The Engineer will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time,Contractor shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.16.1. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and of which the Contractor could not reasonably have been expected to be aware of such Underground Facility and subject to acceptance and approval by the Engineer. 4.4 Reference Points: 4.4. The City shall provide engineering surveys to establish reference points for construction which in the Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work(unless otherwise specified in the General Requirements),shall protect and preserve the established reference points and shall make no changes or re-locations without the prior written approval of the City. The Contractor shall report to the Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for the accurate replacement or relocation of such reference points by a Registered Professional Land Surveyor Licensed in the State of Colorado. 4.5 Protection and Restoration of Property and Landscape: 4.5.1. The Contractor shall be responsible for the preservation of 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 do Page 12 City of Aspen-General Conditions . land and monuments and property marks until the the Engineer has witnessed or otherwise referenced their location and shall not remove them until directed. 4.5.2. The Contractor shall be responsible for all damage or injury to property of any character,during the prosecution of the Work,resulting from any act,omission,neglect,or misconduct in his manner or method of executing the Work,or at any time due to defective Work or materials, and said responsibility shall not be released until the project shall have been completed and accepted. 4.5.3. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act,omission,neglect,or misconduct by the Contractor in the execution of the Work,or in consequence of the non- execution thereof by the Contractor,he shall restore,at his own expense,such property to a condition similar or equal to that existing before such damage or injury was done,by repairing,rebuilding,or otherwise restoring as may be 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 are not marked shall not necessarily mean that those items are expendable.The Contractor shall perform all his activities in such a manner that the 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 unmarked trees or shrubs which could reasonably have been saved shall therefore be subject to the provisions these General Conditions. 4.5.7. If the fence,staking or marking is knocked down or destroyed by the Contractor,the Architect shall suspend the Work in whole or in part,until the fence or other protection is repaired to the Engineer's satisfaction at the Contractor's expense. Time lost due to such suspension shall not be considered a basis for adjustment of Contract Time or for compensation to the Contractor. 4.5.8. If the Contractor disturbs any of the landscape not called for removal,he/she shall restore those areas as directed at the Contractor's expense. 4.5.9. The City may require that the 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. GCI-971.doc Page 13 City of Aspen-General Conditions . 4.5.10.3.Any deduction assessed as liquidated damages under this section shall not relieve the Contractor from liability for any damages or costs resulting from delays to the City,traveling public or other contractors. 4.6 Hazardous Materials 4.6.1. Prior to commencement of any Work and as a condition precedent to payment by the City of any costs for it, the Contractor shall at no additional cost to the City conduct tests the Contractor deems necessary to determine the existence of Hazardous 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 confine 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-bearing capacity of such real property prior to such event. The City shall remove the Hazardous Materials and restore the real property in such a manner as not to interfere with the Contractor's construction or operation of the Project. 4.6.3. If Hazardous Materials are present on or under the Project right-of-way as a result of any discharge,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 turned over to the Contractor. 4.6.5. The Contractor shall provide the Engineer with a written certification each time materials or equipment is brought onto the Work site that such materials or equipment do not contain Hazardous Materials. 4.6.6. The Contractor and the City shall cooperate with each other in the prosecution of any claim against or defense of any claims made by third parties in connection with Hazardous Materials present on the Project right-of-way or contiguous properties owed or controlled by the City. 4.7 Contractor Representations By executing the Contract, the Contractor represents that he/she has visited the site, familiarized him/herself with the local conditions under which the Work is to be performed (including weather conditions which can be expected), and correlated his observations with the requirements of the Contract Documents. ARTICLE 5-BONDS,INDEMNIFICATION AND INSURANCE 5.1 Performance,Payment,and Maintenance Bonds: 5.1.1. Contractor shall furnish 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 GCI-971.doc Page 14 City of Aspen-General Conditions . otherwise provided by the Contract Documents. The Contractor shall also furnish such other Bonds as are required by the Special Conditions. All Bonds shall be in the 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 Circular 570 (amended)by the Audit Staff Bureau of Accounts,U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.1.2. If the surety on any Bond furnished 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 paragraph 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: The Contractor agrees to indemnify and hold harmless the City,its officers,employees,insurers,and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury,personal injury,sickness,disease,death,property loss or damage,or any other loss of any kind whatsoever,which arise out of or are in any manner connected with this contract,to the extent that such injury, loss, or damage is caused in whole or in part by,or is claimed to be caused in whole or in part by,the act,omission, error, professional error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor agrees to investigate,handle, respond to, and provide defense for and defend against, any such liability,claims or demands at the sole expense of the Contractor,or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims,or demands. The Contractor also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent.If it is determined by the final judgment of a court of competent jurisdiction that such injury,loss,or damage was caused in whole or in part by the act,omission,or other fault of the City,its officers,or its employees,the City shall reimburse the Contractor for the portion of the judgment attributable to such act,omission,or other fault of the City,its officers,or employees. 5.3 Contractor's 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. Worker'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 Worker's Compensation requirements of this paragraph. .. City of Aspen-General Conditions . 5.3.2.2. Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS($1,000,000.00)each occurrence and ONE MILLION DOLLARS($1,000,000.00)aggregate.The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. 5.3.2.3. Comprehensive Automobile Liability 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 arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. 5.3.4. The certificate of insurance provided by the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect,and shall be reviewed and approved by the City of Aspen prior to commencement of the contract.No other form of certificate shall be used.The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled,terminated or materially changed until at least thirty(30)days prior written notice has been given to the City of Aspen. 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." • .. Page 16 City of Aspen-General Conditions . 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 Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and 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 required by the Contract Documents,and shall achieve Substantial Completion(100%of the Work)by the Contract Time. 6.1.3. Construction services shall be performed in accordance with those professional standards listed in the Special Conditions for quality and scope and shall be performed by the entities and persons, Subcontractors and specific personnel identified in the 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. • do Page 17 City of Aspen-General Conditions . 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 furnish satisfactory evidence(including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected,erected,used,cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the Engineer,or any of the Engineer's consultants,agents or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10.1.or 9.10.2. 6.4-6.6 Reserved 6.7. Work Schedule: 6.7.1. The Contractor shall submit to the Engineer for acceptance such schedule of work 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 required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by the engineer if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to that named. The Engineer will include the following as supplemented in the General Requirements. Requests for review of substitute .. -.. City of Aspen-General Conditions . 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 variations 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 furnish at Contractor's expense additional data about the proposed substitute. 6.8.2. If a specific means,method,technique,sequence or procedure of construction is indicated in or required by the Contract Documents,the Contractor may furnish or utilize a substitute means,method,sequence,technique or procedure of construction acceptable to the Engineer.The procedure for review by the Engineer shall be similar to that provided in paragraph 6.8.1. 6.8.3. The Engineer will be allowed a reasonable time within which to evaluate each proposed substitute. The Engineer will be the sole judge of acceptability,and no substitute will be ordered,installed or utilized without the Engineer's prior written acceptance which will be evidenced by an approved Shop Drawing. The City may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Engineer will record time required by the Engineer and the Engineer's consultants in evaluating substitutions proposed by the Contractor and in making changes in the Contract Documents occasioned thereby. Whether or not the Engineer accepts a proposed substitute,the Contractor shall reimburse the City for the charges 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 paragraph 6.9.2), whether initially or as a substitute, against whom the City or the Engineer may have reasonable objection. 6.9.2. If the Special Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who 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 Engineer for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the City or the Engineer and any such Subcontractor, Supplier or other person or organization,nor shall it create any obligation on the part 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. .. Page 19 City of Aspen-General Conditions . 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 Contractor on account of losses. 6.10 Subcontracting and Percentage of Work Awarded to Subcontractor(s): 6.10.1. The Contractor may utilize the services of specialty Subcontractors on those parts of the Work,which under normal contracting practices,are performed by specialty Subcontractors. 6.10.2. The Contractor shall not award Work to Subcontractor(s),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 are 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 paragraph 3.4. If the Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, and without such notice to the Engineer,the Contractor shall bear all costs arising therefrom. .. Page20 Conditions City of Aspen-General 6.14 Taxes: The Contractor shall pay all existing and future applicable Federal,State and local sales,consumer,use and other similar taxes whether direct or indirect.Federal excise tax may not apply to materials purchased by the City.The Contract Price shall include all other Federal, State, and/or local direct or indirect taxes which do apply. The Contract Price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the City(except as provided in the Contract Documents).The Contractor shall not be reimbursed separately for any taxes which may apply except as provided in the Contract Documents and the Contractor shall be responsible for all taxes which may apply. The City is tax exempt from Federal Excise Tax under Chapter 32 of the Internal Revenue Code. The City is exempt from such taxes under registration numbers 98-02624.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. 6.15 Use of Premises: 6.15.1. The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in,and permitted by,the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The Contractor shall assume full responsibility for any damage to any such land or area,or to the owner or occupant thereof or of any land or areas contiguous thereto,resulting from the performance of the Work. Should any claim be made against the City or the Engineer by any such owner or occupant because of the performance of the Work,Contractor shall promptly settle with such other party by agreement or otherwise resolve the claim by law. The Contractor shall, to the fullest extent 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. 6.16 Record Documents: The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and 'written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a 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: • .. City of Aspen-General Conditions . 6.17.1.1. All employees on the Work and other persons and organizations who may be affected thereby; 6.17.1.2. All the Work and materials and equipment to be incorporated therein,whether in storage on or 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 safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection,removal,relocation and replacement of their property. All damage,injury or loss to any property referred to in paragraph 6.17.1.2 or 6.17.1.3 caused,directly or 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 significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Engineer determines that a change in the Contract Documents is required because of the action taken in response to an emergency,a written order will be issued to document the consequences of the changes or variations. 6.19 Shop Drawings and Samples: 6.19.1. After checking and verifying all field measurements and after complying with applicable procedures specified in the Contract Documents,the Contractor shall submit to the Engineer for review and approval in accordance with the approved schedule of Shop Drawing submissions prior to Pre-construction Conference,or for other appropriate action if so indicated in the Special Conditions, three (3) copies(unless otherwise specified) of all Shop Drawings,which will bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as the Engineer may require. The data shown on the Shop Drawings will be complete with respect to quantities,dimensions,specified performance and design criteria,materials and similar data to enable the Engineer to review the information as required. 6.19.2. The Contractor shall also submit to the Engineer for review and approval with such promptness as to cause no delay in Work, all samples 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 • do -.. City of Aspen-General Conditions . data with respect thereto; and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.19.4. At the time of each submission,the Contractor shall give the Engineer specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents,and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer for review and approval of each such variation. 6.19.5. The Engineer will review and approve with reasonable promptness Shop Drawings and samples, but the Engineer's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means,methods,techniques,sequences or procedures of construction(except where a specific means,method,technique,sequence or procedure of construction is indicated in or required by the Contract Documents)or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor shall make corrections required by the Engineer,and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. The Contractor shall direct specific attention in writing to revisions other than the corrections called for by the Engineer on previous submittals. 6.19.6. The Engineer's review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer's attention to each such variation at the time of submission as required by paragraph 6.19.4 and the Engineer has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval;nor will any approval by the Engineer relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.19.3. 6.19.7. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to the Engineer's review and approval of the pertinent submission will be the sole expense and responsibility of the Contractor. 6.20 Mechanics'Liens: 6.20.1. The Contractor covenants and agrees that,to the extent permitted by law,no claims or mechanics'liens against public funds (mechanic's liens) or claims of any kind, will be permitted to arise, be filed or maintained against the Project or any part of it,any interest in it or any improvements on it,against any moneys due or to become due from the City to the Contractor,for or on account of any work,labor,services,materials,equipment or other items performed or 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 discharged at its own expense by bond,payment or otherwise within thiM(30)consecutive calendar days from he date of the filing,and upon the Contractor's failure to do so the City shall have the right, in addition to all other rights and remedies provided under this Contract or by law,to cause the liens or claims to be satisfied, removed or discharged by whatever means the City chooses, at the entire cost and expense of the Contractor,the expense to include legal fees and disbursements.The Contractor shall give a copy of Claim Release form to all Subcontractors and suppliers and shall include these provisions in all written contracts with Subcontractors,or give written notice to all Subcontractors, suppliers or other persons having oral agreements with the Contractor. • .. -a City of Aspen-General Conditions . 6.203. The Contractor agrees that moneys received for the performance of this Contract shall be used first for payment due for labor,material,and services for the Project and taxes,and the moneys shall not be diverted to satisfy obligations of the Contractor on other accounts or contracts. The Contractor shall pay Subcontractors within Ten (10)consecutive calendar days of receipt of a progress payment from the City. The Contractor shall furnish sworn affidavits in accordance with the form furnished 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 furnished,and to be furnished,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 construction. The types of temporary construction facilities required for the Project may include, but are not necessarily limited to, the following: (a)job site office space, (b) construction water distribution, (c) temporary closures, (d)temporary heat, (e) hoists and temporary cranes, (f) temporary roads and paving, (g) construction aids and miscellaneous facilities, (h) temporary power distribution, (i) temporary lighting, 0) temporary toilet facilities. All operations of the Contractor, including storage of materials,upon the City's premises shall be confined to areas authorized or approved by Owner in writing. Temporary buildings, storage sheds, shops, offices, may be erected by the Contractor only with the written approval of the City and shall be built or provided with labor and materials furnished by the Contractor without expense to the City. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by it at its expense upon completion of the Work. ARTICLE 7-OTHER WORK 7.1 Related Work at Site: 7.1.1. The City may perform other work related to the Project at the site by the City's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar 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 paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the City and such utility owners and other contractors. 7.1.3. If any part of the Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner(or the City),the Contractor shall inspect and promptly report to the Engineer in writing any delays,defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Work except for latent or non-apparent defects and deficiencies in the other work. • .. City of Aspen-General Conditions . 7.2 Coordination: If the City contracts with others for the performance of other work on the Project at the site,the person or organization of the activities among the various prime contractors may be identified in the Special Conditions, and the specific matters to be covered by such authority and responsibility may be itemized, and the extent of such authority and responsibilities may be provided, in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the 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 are 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 various 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 toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations,the Engineer will keep the City informed of the progress of the Work and will endeavor to guard the City against defects and deficiencies in the Work. 9.3 Project Representation: If the City and the Engineer agree,the Engineer will furnish a Resident Project Representative to assist the Engineer 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. .. City of Aspen-General Conditions . 9.4 Clarification and Interpretations: The Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents(in the form of Drawings or otherwise) as the Engineer may determine necessary,which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time,the Contractor shall meet with the Engineer and resolve the issue. All such requests or claims shall be submitted to the City Engineer. 9.5 Authorized Variations in Work and Minor Contract Revisions: The City Engineer may request or authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a written request or a field order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. If the Contractor believes that a field 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 paragraph, which the Engineer will render in writing within a reasonable time. Written notice of each such claim,dispute and other matter by the Contractor will be delivered to the Engineer promptly(but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to the Engineer and the City within sixty days after such occurrence unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim. 9.8.2. The rendering of a decision by the Engineer pursuant to paragraph 9.8.1.with respect to any such claim,dispute or other matter shall be a condition precedent to any exercise by the Contractor of such rights or remedies as the Contractor may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. The City shall not be bound by any initial interpretation by the Engineer of the requirements of the Contract Documents, judgment on the acceptability of the Work thereunder, or formal decision made by the Engineer in accordance with paragraph 9.8.1. Any dispute not resolved by the initial decision of the Engineer shall be decided by the City, who shall reduce the decision in writing and furnish 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. • .. Page 26 City of Aspen-General Conditions . 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 are used to describe a requirement,direction,review or judgment of the Engineer as to the Work,it is intended that such requirement,direction,review orjudgment 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 furnishing 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 days after receiving the Notice of Change, or such longer time which the Engineer in his/her discretion has granted, shall provide the Engineer with a complete and itemized proposal which includes the estimated increase or decrease in the Contract Price and/or in the Contract Time attributable to the planned changes on the criteria and methods described in Article 11. The Contractor shall be responsible for delays to the Work and any additional costs incurred by the City caused by its failure to submit complete pricing information within the time provided above. The Contractor shall participate with the City in prompt joint analysis and negotiations to finalize a Change Order,if necessary. 10.2 Written Notice of Change 10.2.1. A Written Notice of Change maybe used when: a) The City determines that the Contractor must proceed immediately to perform a change in the Work in order to avoid an adverse impact on the schedule or other unchanged Work,and sufficient time is not available to negotiate an adjustment to the Contract Price or Contract Time;or b) The City and Contractor have not completed their negotiation and reached agreement on all of the terms of a Change Order,but the City requires the Contractor to proceed without such agreement. 10.2.2. Upon receipt of a Written Notice of Change the Contractor shall promptly proceed with performing the change in the Work.Additionally,the Contractor shall comply with all the requirements of 10.3 of these General Conditions. do -.. City of Aspen-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 agreements shall be promptly recorded in an executed Change Order. 10.4 Contractor Change Request 10.41. If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents,or determinations from the Engineer or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or(iii)encounters a differing site condition; or, (iv) is delayed in the progress of the Work; or, (v) becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time,the Contractor shall give the Engineer prompt written notice of such matters in a letter or notice denominated"Contractor 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 days 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 (10) consecutive calendar dam after the conditions are first discovered. 10.4.5. With respect to delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the delay,but in no event more than Ten(10)consecutive calendar dam 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(10)consecutive calendar days after the Contractor becomes aware of such circumstance or matter. 10.5 Down Time: The Contractor may be granted time extension for down time. No other compensation of any kind shall be made to the Contractor for down time. Equipment failure,lack of adequate labor or tools or materials to perform the Work shall not constitute down time. 10.6 Submittal Requirements and Waiver of Claims 10.6.1. If the Contractor does not submit a Contractor Change Request within the time required above,any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter,including delays or differing site conditions,will not be considered by the City as a change to the Work and the Contractor waives any claim for an adjustment on the Contract Price or the Contract Time. 10.6.2. The Contractor shall, within Ten (10) consecutive calendar dam 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 .. Conditions . I City of Aspen-General waives any claim for an adjustment in the Contract Price or Contract Time arising out of the act or event described in the Contract Change Request. 10.6.3. If a Contractor Change Request is denied by the Engineer, in whole or in part,any claim for an increase in the Contract Price or Contract Time arising out of the act or event described in the Contractor Change Request is waived unless the Contractor timely complies with the provisions of paragraphs 10.4.1.through 10.4.6. ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACT TIME 11.1 Contract Price Adjustments. All adjustments to the Contract Price shall be determined by using one or more of the following methods: 11.1.1 A negotiated lump sum for work items that cannot be itemized. The Contractor shall promptly provide suffi- cient 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 quanti- ties of work performed; 11.1.3 Cost to be determined in a manner agreed upon by the parties which includes markups that do not exceed those set forth in Section 11.4 below. 11.1.4 Costs to be determined in the manner described in Section 11.3.1. 11.2 Contract Time Adjustments. 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 anytime 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 Sixty Percent(60%)or more of its scheduled work force shall not be counted as an abnormal weather day for purposes of calculating weather related time extensions. 11.2.4. The Contractor agrees that delays resulting from any causes other than acts or omissions of the City, its employees, agents or officials shall be considered fully compensated by a time extension only and agrees to make no claim for monetary damages for such delays. In no event shall the Contractor be entitled to recover any delay costs caused by the acts or omissions of the Contractor,its employees or agents. • .. City of Aspen-General Conditions . 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 direct the Contractor to perform the Work on a Force Account basis. Adjustment shall be determined on the basis of reasonable expenditures and savings of those performing the change in the Work including, in case of an increase in the Contract Amount, an allowance for overhead and profit which shall not exceed the allowance described in 11.4.7 below. In such case,the Contractor shall keep and present,in such form as the City may prescribe,an itemized detailed accounting together with appropriate supporting data of all of the costs described in Section 11.4.1 through Section 11.4.4 which clearly distinguishes the cost of changed Work from base contract Work. Information that shall be required on these forms includes an itemization of all costs for labor, materials and equipment rental and total costs to date for force account work. The Contractor shall include hours worked,rates of pay,names and job classifications for all workers and size,type,identification number,rental rate and hours of operation for equipment. 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 in Work Directive Changes, idle time for workers and/or equipment when work could have been performed in other locations or the number of workers or amount of equipment provided exceeds the number or amount required to perform the Work, unsatisfactory Work or Work which may be performed concurrently with the changed Work and which cannot be easily segregated from the changed Work. The worker hours, equipment hours, and materials installed shall be logged on the City of Aspen Engineering Department's Daily Construction Log form for every day the work is performed. 11.4 Contract Sum Determination 11.4 In no event shall the charge or credit to the City associated with any change exceed the sum of the following: 11.4.1 Direct Labor. Actual net direct increase or decrease in the cost of the Contractor's labor for all work associated with the change. Contractor's labor shall be limited to Davis-Bacon Act work categories or other labor (including salaried field personnel)that perform the individual change in Work full-time. For shop work,the direct labor includes workers who work directly on the item being manufactured or operators of equipment being used to handle items being manufactured. 11.4.2 Labor 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. If actual costs are not available,the cost shall be the lowest commercially available price including all discounts and rebates and all applicable taxes. Cost shall be based on buying the material, supplies and equipment in the largest practical quantity to receive quantity discounts. 11.4.4 Equipment. 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 • .. 0 City of Aspen-General Conditions . Engineers (COE) in its latest edition of the "Construction Equipment Ownership and Operating Expense Schedule,Region V"(Document No.EP 1110-1-8,Volume 5). (2) Rental equipment costs shall be determined using actual invoiced rates less all discounts for bare equipment rental. Operating costs will be determined based on rates in the above-cited C.O.E. manual. (3) Mobilization/demobilization costs will be paid if the equipment is mobilized exclusively for Work described in a change requested by the Engineer or a Change Order. If the equipment is used on base contract work, no mobilization or demobilization cost will be paid. Mobilization/demobilization cost will be based on using the least expensive means to mobilize or demobilize. Equipment shall be obtained from the nearest available source. When the least expensive methods 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. 11.4.7 Overhead and Profit. (1) Ten percent(10%) of the sum of Section 11.4.1 through Section 11.4.5 above, to cover a profit for Work performed by that Contractor or subcontractor. (2) Two percent (2%) of Section 11.4.6 above to cover Contractor's and subcontractor's overhead and profit for work performed by the Contractor or subcontractor. (3) Neither the Contractor nor any subcontractor, nor the City in the case of a credit, will attempt to apply these percentage adjustments in a way which would pyramid either the cost or credit because a subcontractor or subcontractors at any tier are involved. 11.4.8 Totals as Equitable Adjustment. The Contractor agrees that the total of the above constitutes an equitable adjustment for any and all damages resulting from a change or due to delay or disruption caused by the City. The Contractor's choice of idling and Down Time shall not constitute an City's cause for delay or disruption. 11.5 Cost and Pricing Data 11.5.1 Certificate of Current Cost or PricinS Data. The Contractor shall submit a Certificate of Current Cost or Pricing Data with any agreed upon Contract Price adjustment,but prior to the execution of a Change Order for the work, in the following format: Certificate of Current Cost and Pricing Data This is to certify that, to the best of my knowledge and belief, the cost of pricing data submitted in writing to the City in support of _* are accurate, complete, and current as of ** and represent the best prices available from suppliers and subcontractors. This certification includes the cost of pricing data sup- porting any advance agreements and forward pricing rate agreements between the offer or and the City that are part of the proposal. Firm Name • .. Page City of Aspen-General Conditions . Title Date *Identify the appropriate number of the Change Notice. ** Date when pricing negotiations were concluded and price agreement was reached. *** Date of signing, which should be as close as practicable to the date when the price negotiations were concluded and price agreement reached. 11.5.2 Vendor Statements. The Contractor shall submit in support of all items which are not unit prices or lump sum prices established by the Contract,statements by the affected vendors that the prices are not in excess of those previously charged to the City or the supplier's regular commercial customers for the same items. 11.5.3 Price Reductions for Defective Costs or Pricing Data. If it is later determined that pricing adjustments to the Contract were not correct due to incomplete or inaccurate pricing data by the Contractor or any subcontractor or supplier or that lower prices were readily available, the price shall be reduced accordingly and the Contract modified by a Change Order. 11.6 Variation in Quantity of Unit Priced Items: Where the quantity of a unit-priced item in this Contract is an estimated quantity and the actual quantity of the 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 twenty five 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 guarantees to City that all Work,whether supplied,furnished,installed,provided, or performed by Contractor, a Subcontractor, or Supplier,will be in accordance with the Contract Documents and will not be Defective. All Defective Work,whether or not in place,must be rejected, corrected or accepted as provided in this Article 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 furnished,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. • .. City of Aspen-General Conditions . 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, standard 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 standard warranty shall apply. Otherwise,the Contractor shall be responsible for a Two Year term under the Maintenance Bond. 13.1.3.2.Require all warranties to be executed, in writing, for the benefit of the City, if directed by the Engineer or. 13.1.3.3.Enforce all warranties for the benefit of the City,if directed by the Engineer. 13.1.3.4.Assign all warranties and guarantees in writing to the City upon the request of the City. 13.1.4. Notwithstanding anything to the contrary above, the Contractor shall warrant that all equipment which are incorporated into the Work or any subsystem shall be new,free from liens and defects in design,have clear title,be free from faulty materials and workmanship,and shall conform in all aspects to the terms of the Contract Documents,to the drawings issued for manufacture by the Contractor, and shall be in conformance with the Technical Specifications and Contractor's Proposal (except in those instances where the 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 marking,and the preparation for,and method of,shipment of such equipment shall conform with the requirements of the Contract Documents. 13.1.4.2.When return,corrections,or replacement is required,transportation charges and responsibility for the supplies and equipment while in transit shall be 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 nor any provision in the Contract Documents,nor any special guarantee time limit,shall be held to limit the Contractor's liability for defects,to less than the legal limit of liability in accordance with the law of the place of building. 13.1.9. Any supplies or equipment,or parts thereof,corrected or furnished 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 • .. -..- City of Aspen-General Conditions . shall run from the date of delivery of the corrected or replaced supply,or upon the date it is placed in service,whichever is later. 13.2 Access to Work: The Engineer and the Engineer's representatives, other representatives of the City, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work, at any time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. 13.3 Tests and Inspections: 13.3.1. The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and approval tests for the Work performed by the Contractor or his/her Subcontractor(s). 13.3.2. If Laws or Regulations of any public body having jurisdiction require any Work(or part thereof)to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Engineer the required certificates of inspection,testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or Re-testing required in connection with the City's or the Engineer's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work,or of materials or equipment submitted for approval prior to The 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. If any Work(including the work of others)that is to be inspected,tested or approved is covered without written concurrence of the Engineer, it must,be uncovered for observation. Such uncovering and testing when required by the Engineer shall be at the Contractor's expense. 13.3.5. Neither observations by the Engineer nor inspections,tests or approvals by others shall relieve the Contractor from the 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 in the Contract Price. 13.5 City May Stop The Work: If the Work is defective,or the Contractor fails to supply sufficient skilled workers or suitable materials or equipment,or fails to furnish 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. .. -.. City of Aspen-General Conditions . 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 charges 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 earlier date if so provided in the Specifications or by Written Amendment. Landscaping replacement shall be warranted for two growing season. 13.8 Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of Defective Work,the City prefers to accept it,the City may do so. The Contractor shall bear all direct,indirect and consequential costs attributable to the City's evaluation of and determination to accept such Defective Work. All accepted defective Work shall be subject to significant price reduction acceptable to the City and the City Engineer. 13.9 City May Correct Defective Work: If the Contractor fails within Ten (10) consecutive calendar days 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 paragraph 13.6., or if the Contractor fails to perform the Work in accordance with the Contract Documents,or if the Contractor fails to comply with any other provision of the Contract Documents,the City may,after seven days'written notice to the Contractor,correct and remedy any such deficiency. 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 are stored elsewhere. The Contractor shall allow the City, the City's representatives, agents and employees such access to the site as may be necessary to enable the City to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the City in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the City incorporating the necessary revisions in the Contract Price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects,attorneys and other professionals,all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction,removal or replacement of the Contractor's Defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the City of the City's rights and remedies hereunder. 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 .. -.g City of Aspen-General Conditions . Contractor will receive no compensation therefore. If required by the City, unauthorized work will be remedied, removed,or replaced by the Contractor at the Contractor's expense. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Determination of Work 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. 14.2 Application for Progress Payment. 14.2.1. Progress payments shall be made once each month as the Work progresses,when the Contractor is performing satisfactorily under the terms of the Contract Documents. Said payments shall be based upon 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 Hundred Percent (100%) in place and accepted by the Engineer. 14.2.4. SUBCONTRACTOR PAYMENTS. In addition to the other requirements regarding subcontracting the Work, the Contractor is responsible for prompt payments to all Subcontractors.As a minimum, the Contractor is responsible for prompt payments to all Subcontractors. As a minimum, the Contractor shall incorporate provisions in all subcontracts to satisfy the following requirements: 14.2.4.1. The Contractor shall make payments to all Subcontractors at least once each month as the Work progresses, when the Subcontractor is performing satisfactorily under the terms of the Contract Documents between the Contractor and Subcontractor; .. Pag City of Aspen-General Conditions for . • 14.2.4.2. Payments to Subcontractors shall be based on all moneys due the Subcontractor under the terms of the contract between the Contractor and Subcontractor; The Contractor shall make payments to Subcontractors within 10 days of receipt of the City's payment to the Contractor; Subcontractors and lower tier subcontractors shall make payments to their subcontractors, according to the requirements above and shall make payments within 10 days of receipt of payment from the next higher tier. 14.3 Contractor's Warranty of Title: The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any progress pay estimate approved for Payment,whether incorporated in the Project or not,will pass to the City no later than the time of payment free and 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 requiring correction or replacement; 14.4.2.2. The Contract Price has been reduced by Written Amendment or Change Order; 14.4.2.3. The City has been required to correct Defective Work or complete Work in accordance with paragraph 13.9.;or, 14.4.2.4. Of the Engineer's actual knowledge of the occurrence of any of the events enumerated in Article 15. 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 furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling the City to a set-off against the amount recommended,but the City must give the Contractor immediate written notice(with a copy to the Engineer)stating the reasons for such action. • .. Page 37 City of Aspen-General Conditions . 14.5 Substantial Completion: 14.5.1. The date accepted by the City when the construction of all Work items in the project or a specified part thereof is One hundred percent(100%)completed,in accordance with the Contract Documents,so that the project or specified part can be utilized for the purpose for which it is intended shall establish substantial completion for the project or for a specified part. 14.5.2. When the Contractor considers the 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 final inspection and upon acceptance by the City, the Contractor shall deliver a fully executed Claim Release form to facilitate the project closure. 14.6 Partial 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 separately functioning and useable part of the Work that can be used by the City without significant interference with the Contractor's performance of the remainder of the Work,may be accomplished prior to Final Completion of all the Work subject to the following: 14.6.1. The City at anytime 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 Final Inspections: 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 Final Progress Payment. 14.8.1. After the Contractor has completed all such corrections to the satisfaction of the City and delivered all maintenance and operating instructions, schedules, guarantees, as-built documentation (as provided in paragraph 6.12) and other documents - all as required by the Contract Documents, and after the City has indicated that the Work is acceptable,the Contractor shall deliver to the Engineer a fully executed and notarized Claim Release Form and the City Engineering 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 final 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 settlement date shall be at least ten(10)days after the second publication. Said notice shall advise all persons, co-partnerships, associations of persons, companies, or corporations that have furnished labor, .. Page City of Aspen-General Conditions . 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 tiling 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 Days following the date fixed for final settlement as published unless an action is commenced within that time to enforce such unpaid claim and a notice of Lis Pendens is filed with the City.At the expiration of such ninety day period,the City shall pay to Contractor such moneys and funds as are not subject of suit and Lis Pendens notices and shall retain thereafter, subject to the final outcome thereof,only such balance of funds to insure the payment of judgments which may result from such suit. 14.8.2. If, the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage set forth at paragraph 14.2., and if Bonds have been furnished 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: 14.11.1. TIME 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 are reasonable time(s) for the completion of the Work,taking into consideration the average climatic conditions prevailing in the locality of the Work. 14.11.2. TIME IS OF THE ESSENCE TO THE AGREEMENT: It is further agreed that time is of the essence in completing the Work, and that the Project Work Schedule referenced at paragraph 6.9. and the Submittal Schedule referenced at paragraph 6.3. and all dates set forth therein and where 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 are of paramount importance to the City.If any portion of the Work is not completed in accordance with any time extensions granted by the City,the City will suffer damage,the extent of which will be impractical and extremely difficult to estimate accurately.Therefore, as part of the consideration for executing the Contract, it is hereby 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 of just compensation for damages contemplated with the clause, the amount set forth in the • .. -.g City of Aspen-General Conditions . 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 Twenty Percent (20%) of the total Contract Price for the Construction. 14.11.5. DELAYS IN SUBMITTAL OF AS-BUILT DOCUMENTATION: Should the Contractor fail to make delivery of the as-built documentation covered in the Contract Documents prior to release of the final payment,it shall pay liquidated damages to the City the amounts equal to preparation cost of the As-Built drawings by the City and its Engineers and Surveyors. 14.11.6. EXCUSABLE DELAYS - FORCE MAJEURE: If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice,so 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, fires, hurricanes, storms, floods, washouts,droughts,arrests,restraint of government and people,civil disturbances,explosions,breakage or accidents to machinery,pipelines,or canals,or other causes not reasonably within the control of the party claiming such inability.It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. 14.11.7. 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 15.1 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 Days are used to complete the Work , directly attributable to any suspension if the Contractor makes an approved claim therefor as provided in Article 11. Other Work suspensions such as delayed start or phased construction shall not entitle the Contractor to any compensation of payment or time. 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 similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; .. .. 0 City of Aspen-General Conditions . 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 required to obtain the lowest price for the Work performed. 15.2.10. Where the Contractor's services have been so terminated by the City,the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 15.2.11. Upon seven days'written notice to the Contractor, the City may,without cause and without prejudice to any other right or remedy,elect to abandon the Work and terminate the Contract. In such case,the Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. 15.3 Contractor May Stop Work or Terminate: If,through no act or fault of the Contractor,the Work is suspended for a period of more than ninety days by the City or under an order of court or other public authority,then the Contractor may,upon seven days written notice to the City and the Engineer,terminate the Contract and recover from the City payment for all Work executed and installed in place and any expense sustained 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. d ..- City of Aspen-General Conditions . ARTICLE 16-MISCELLANEOUS 16.1 Nondiscrimination During the performance of this Contract,the Contractor agrees as follows: 16.1.1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person,or a disabled or Viet Nam era veteran. The Contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment without regard to their race,color,religion, sex,national origin, sex,age, sexual orientation,handicapped,a disadvantaged person,or a disabled or Viet Nam era veteran. Such action shall include, but not be limited to,the following: employment,upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. 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,marital status,being handicapped,a disadvantaged person,or a disabled or Viet Nam era veteran in the selection and retention of Subcontractors,including procurements of materials and leases of equipment. 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 regard to race, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. 16.1.4. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or Supplier shall be notified by the Contractor of the subcontractor's obligations under this Contract and the regulations relative to nondiscrimination on the grounds of race, color, religion, sex, national origin, sexual orientation,age,marital status,being handicapped,a disadvantaged person,or a disabled or Viet Nam era veteran. 16.1.5. The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section,and shall post copies of the notice in con- spicuous places available to employees and applicants for employment. 16.2 Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice,it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended,or if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the notice. 16.3 Computation of Time: 16.3.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the 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 • .. .g City of Aspen-General Conditions . damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 16.4.1. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the 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 are otherwise imposed or available by Laws or Regulations,by special warranty or guarantee or by other provisions of the Contract Documents,and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations,warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 16.5 Independent Contractor Status: It is expressly acknowledged and understood by the parties that nothing in this agreement shall result in,or be construed as establishing an employment relationship.The Contractor shall be,and shall perform as,an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be,or shall be deemed to be,the employee,agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents,employees,servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 16.6 Prohibited Interest. No member,officer,or employee of the City of Aspen,Pitkin County or the Town of Snowmass Village shall have any interest,direct or indirect,in this Agreement or the proceeds thereof. 16.7 Warranties Against Contingent Fees,Gratuities,Kickbacks and Conflict of Interest: 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 requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation,auditing,or in any other advisory capacity in any proceeding or application,request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or to any solicitation or proposal therefor. 16.7.2. It shall be a material breach of the Contract for any payment,gratuity,or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. • •. .g . City of Aspen-General Conditions . 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: 16.9.1. The acceptance by the Contractor of any payment made on the final completion of Work under these General Conditions,or of any final payment due on termination,shall constitute a full and complete release of the City from any and all claims,demands and causes of action whatsoever which the Contractor,has or may have against the 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 arising 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. 16.11 Third Parties This Contract does not and shall not be deemed or construed to confer upon or grant to any third party or parties,except to parties to whom the Contractor of the City may assign this Agreement 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. 1612 Waiver No waiver of default by either party of any terms,covenants or conditions hereof to be performed,kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained,to be performed,kept and observed by the other party. 16.13 Contract Made in Colorado The Parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed.Venue is agreed to be exclusively in the courts of Pitkin County,Colorado. 16.14 Attorney's Fees In the event that legal action is necessary to enforce any of the provisions of this Contract,the prevailing party shall be entitled to its costs and reasonable attorney's fees. 1615 Waiver of Presumption This Contract was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation,review or drafting of this Contract. .. •ag City of Aspen-General Conditions . 16.16 Severability Clause: If any provision of the Contract is subsequently declared by legislative or judicial authority to be unlawful, unenforceable,or not in accordance with applicable laws,statutes,and regulations of the United States of America or the State of Colorado,all other provisions of the Contract shall remain in full force and effect. 1617 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 years from the date of final payment under this Contract,or for such longer period, if any,as is required by applicable statute or by other articles of the 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 require that any Subcontractor utilized in the performance of this Agreement shall permit the authorized representatives of the United States Department of Transportation,the State of Colorado, and the City, to similarly inspect and audit all data and records of said Subcontractors relating to the performance of said Subcontractors under this Agreement for the same time period. 16.18 Audit 16.18.1. COST OR PRICING DATA: If the Contractor has submitted cost or pricing data in connection with the pricing of any modification to the Contract, unless the pricing was based on adequate price competition, established catalog or 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. Rev.1/19/01(Secs.14.2.1.1& 13.1.1) gcl-971 •. '.. City of Aspen-Special Conditions . THE CITY OF ASPEN SPECIAL CONDITIONS-PART ONE for 2013 Concrete Replacement Project Project No. 2013-041 1.0 GENERAL: 1.01 Clarification of Terms: The Special Conditions are intended to specify and provide additional description, clarification, or conditions that are applicable to this Contract. These Special Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. 2.0 CONTRACT TIME: 2.01 A written Notice of Award will be issued by the City by March 22, 2013, and the Contractor shall pick up three(3) sets of the blank Contract Documents on the same day and execute all necessary pages of the contracts and their required documents and submittals, and deliver them to the Engineering Department by 2:00 p.m., March 29, 2013. The Work shall start after attending the Pre-Construction Conference(Notice to Proceed) and after the Bid Award by City Council. Following the Notice to Proceed, the Contractor shall execute the Work with due diligence and shall fully complete in every detail of the Work between April 15, 2013 and Nov 1, 2013. The Contract Time is from the Notice to Proceed, plus any extensions to the Contract Time if authorized by the City Engineer. The effective date of the "Notice to Proceed"is April 15, 2013. 2.03 All Work shall be one hundred percent (100%) complete for this project on or before Nov 1, 2013. The Contractor shall be responsible for implementing all improvements by this date. 3.0 EXPLORATION REPORTS &MATERIALS TESTING: Exploration reports and tests of subsurface conditions at the site are not available from the City of Aspen. The Contractor shall perform such subsurface soils investigations when deemed necessary through a certified materials Lab. All soil sampling&compaction, concrete paving, and hot mixed asphalt paving related testing and re-testing will be performed by a certified materials testing laboratory acceptable to the City Engineer and at his/her direction. The cost of testing and re- testing shall be paid by the Contractor. .. Page 1 City of Aspen-Special Conditions . 4.0 PROJECT ENGINEER AND THE CITY'S REPRESENTATIVE: The Project Engineer and the City's Representative for this project shall be a member of the City Engineering Department staff and shall be designated and changed as necessary by the City Engineer. Unless provided in writing by the City Engineer, any on-site Inspector or Representative of the City shall not have the authority to render any binding decision nor make any binding judgments to the Contractor pertaining to any work which may change the Contract price or time of completion, or change the quality of Work, or change the manner in which the Work is being performed. The Project Engineer and the City's Representative shall serve as a means of communication between the City and the Contractor and shall monitor the Work for the City. All references in the Contract Documents to 'Project Engineer" and "City's Representative" shall refer to the Project Engineer and the City's Representative named by the City Engineer. 5.0 PROGRESS SCHEDULE AND SEQUENCE OF OPERATIONS: 5.1 Within seven (7) days of the date of the bid award by the City Council, and prior to the pre-construction conference, the Contractor shall submit for review of the City Engineer a critical-path chart showing the estimated progress for the component divisions of the Work and a balanced time breakdown, showing the estimated progress schedule for the entire Project. For purposes of comparison, the Contractor shall submit with each progress pay estimate a form showing the actual rate of progress to date for the component divisions and for the Project as a whole. The actual rate of progress shown on the form shall only include Work completed and shall not include stored materials. 5.2 The Contractor shall also submit for approval, prior to the pre-construction conference, a Traffic Control Plan for each segment of the street, a narrative of the planned sequence of construction indicating the approximate date and time duration of any road or street restrictions or closures,utility interruptions, etc., as applicable to this project. 5.3 The Contractor shall also submit for approval, prior to the pre-construction conference, a Construction Management Plan (CMP). The CMP must be prepared in accordance with the Engineering Department's CMP Requirements Manual. 5.4 In the event that the rate of actual progress of the Work falls behind the estimated progress indicated on the approved critical-path chart and in the absence of time extensions if any granted by the City Engineer, the Contractor shall accelerate the Work by placing additional forces and equipment on the Project so that the Project will be completed within the Contract Time. The Contractor shall be capable and make available more than one work crew to perform the work on time. ,. Page 2 Conditions CitV of Aspen-Special . 5.5 The Contractor shall provide a list of emergency (24 hour) contact name(s), addresses and phone numbers to the City Engineer 24 hours prior to the pre- construction conference. Emergency phone calls must be responded to in 15 minutes or less and action must be taken on the emergency condition immediately. Such emergency calls shall be project related corrective and restorative work and shall be considered subsidiary to the construction bid items and at the Contractor's cost. The Owner may initiate such corrective work at Contractor's cost if the Contractor fails to perform the required task within one hour of an emergency call. 5.6 The Contractor shall be responsible for keeping traffic flows on the streets at all times during and after their daily work activities. In addition, intermittent interruptions to traffic flow must be kept to a minimum. 6.0 SURVEY CONTROL: The Contractor shall be responsible for establishing grades from the Bench Mark(s) established and described in the Contract Documents. If necessary and at a minimum, the Contractor shall establish a construction base line, layout staking and cut sheet(s) by an insured Colorado registered professional land surveyor. The Contractor shall be responsible for protecting and/or re- establishing bench mark control if necessary during the construction process. 7.0 PROTECTION OF PUBLIC FACILITIES,UTILITIES AND OTHER ADJOINING PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to other property at the site or adjacent thereto, and he shall be liable for any and all claims for such damage on account of his failure to fully provide such protection. The CONTRACTOR shall preserve and protect all existing vegetation such as trees, shrubs, and grass on or adjacent to the site which do not unreasonably interfere with the construction, as may be determined by the Engineer or Engineering Inspector. The CONTRACTOR shall be responsible for all unauthorized cutting or damage of trees and shrubs, including damage due to careless operation of equipment, stock piling of materials, or tracking of sodded areas by equipment. The CONTRACTOR shall at all times take proper precautions for the protection and or replacement or restoration of driveways, culverts, fencing, irrigation systems, irrigation crossings, mail boxes, landscape improvements and all other public and private installations that may be encountered during construction. Such protection or replacement shall be borne by the CONTRACTOR. The CONTRACTOR shall work with adjacent property owners to coordinate any construction activity that disrupts adjacent property owners' landscaping. The CONTRACTOR is responsible for any damage outside of the work area. Prior to starting work, the CONTRACTOR is to provide the CITY with photos of areas that may be impacted by SCl-971.doc sci Page 3 City of Aspen-Special Conditions . the CONTRACTOR for the use in determination of restoration The Contractor shall notify all public utility companies at least forty-eight (48) hours prior to commencement of any Work in the vicinity of the utilities. It shall be the CONTRACTOR's responsibility to determine the exact location of utilities that may interfere with the performance of the Work of this project by exploratory excavation sufficiently in advance of beginning construction in an area so that potential conflicts may be resolved. It shall be the CONTRACTOR's responsibility to make all arrangements with the utility owner(s) for utility relocations or adjustments and to coordinate the sequence of such work to eliminate possible conflicts with construction progress. The cost to relocate utilities necessary for the performance of the work shall be paid by the CITY. The cost to relocate utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. Work involving changes in, or interference with, utility service shall be done at such times and in such a manner that it will cause the least interference with the proper handling and delivery of the utility service to the receiving customers. CONTRACTOR shall notify, or arrange through the appropriate utility company notification of, all parties that will be affected at least 48 hours prior to the time service is disconnected or interrupted. Notice shall consist of publication in a local newspaper and/or announcement on local radio stations as determined by the City Engineer. Damaged utilities shall be immediately repaired and restored to service. Repair work shall be continuous until the service is restored. The CONTRACTOR is responsible for immediate notification of the utility company if there is any damage to a utility. 8.0 PRESERVATION OF PERMANENT LAND SURVEY CONTROL MARKERS: All survey control points, including benchmark and reference crosses, and range points have been tied out by the City and range boxes set on all range points. If the range box and/or range point is impacted by proposed construction, the CONTRACTOR will salvage the existing range box, and if possible, preserve the range point. The CONTRACTOR will notify the City to schedule the replacement of the range box prior to placing the top lift of pavement. If the range point or benchmark is scheduled for removal as part of the construction, the City will reset the range point one time at no expense to the CONTRACTOR. If it is necessary to reset a range point or benchmark more than one time, the CONTRACTOR shall be required to pay the City $180.00 per hour for the re-survey work. If the existing range box is destroyed or damaged during construction, the City will furnish the CONTRACTOR a new range box at a cost to the CONTRACTOR of $200.00 each. The CONTRACTOR shall provide the City 24-hour notice for setting range boxes. SC1-971.doc sci Page 4 City of Aspen-Special Conditions . 9.0 COOPERATION BETWEEN CONTRACTOR AND AGENCIES: The CONTRACTOR is required to coordinate the scheduling of construction activities with other CONTRACTORS working in adjacent areas. No damages, delay costs, or additional contract time, claimed by the CONTRACTOR, due to construction of other projects, will be granted by the CITY. The CONTRACTOR is required to coordinate the work, construction schedule, traffic control and permitting requirements with the applicable adjacent jurisdictional agencies to include metropolitan districts and government agencies. It is the CONTRACTOR's responsibility to obtain any permits as required from other government agencies. The CONTRACTOR shall notify all affected businesses, school & bus districts and metropolitan, government & emergency services agencies two weeks ahead of any planned road closures. 10.0 DAMAGE TO CONSTRUCTION: The Contractor shall safeguard, until all Work embraced by the Contract is formally accepted, all construction, both complete and incomplete, against damage and destruction, and should damage result, he will be required to reconstruct at his expense in a manner conforming to the Plans and Specifications, reconstruction shall be in a manner suitable to the City Engineer. No repair or mitigating option for damaged Work will be accepted by the City. 11.0 JOB SITE RESTRICTIONS: All materials to be removed from the project site or demolished on site, shall be disposed of by the Contractor off the project site unless requested otherwise by the City Engineer. The City's property is not available for Contractor staging or storage area, unless if permitted by the City Engineer within the existing right of way. The City's property is not otherwise available for a Contractor's disposal area. 12.0 WORKING HOURS: Work will normally be permitted between 7:30 a.m. and 5:30 p.m. Monday thru Friday;other work hours must be approved by the City in writing. Construction activity which generates noise in excess of 80 decibels is restricted to the hours of 9:00 am to 5:00 pm Monday thru Friday. 13.0 DISPOSAL OF HAZARDOUS MATERIALS: The disposal of any hazardous materials shall be the sole responsibility of the Contractor. 14.0 SALVAGE: Stone masonry, concrete, timber and other items removed from the site shall become the property of the Contractor, unless otherwise noted in the project documents, and disposed of off-site. 15.0 SUBCONTRACTORS AND SUPPLIERS: Contractor shall identify in his/her sealed bid the name and address all Subcontractors, Suppliers, and other persons or organizations that will furnish the principal items of materials, equipment or labor for this project. .. Page 5 City of Aspen-Special Conditions for Construction Contracts 16.0 PAYMENT RETAINAGE: Retainage on Pay Estimates shall be 10% through the substantial (100% complete in-place) completion of Work. 17.0 WAIVER: It is expressly understood and agreed that any waiver granted by the City Engineer of any term, provision or covenant of this Contract shall not constitute a precedent nor breach of same or any other terms, provisions or covenants of this Contract. Neither the acceptance of the Work by the Owner nor the payment of all or part of the sum due the Contractor hereunder, shall constitute a waiver by the Owner of any claim which the Owner may have against the Contractor or otherwise. 18.0 STANDARDS USED: All work shall be completed in accordance with this contract and the following standards used by the City of Aspen: The current edition of the Colorado Department of Transportation Road and Bridge Book, excluding Section 100 and as modified by the Special Conditions, City of Aspen Construction and Excavation Standards, City of Aspen Construction Management Plan Requirements Manual. 19.0 PRECEDENCE OF THE CONTRACT DOCUMENTS: The order of precedence of Contract Documents shall be as follows: 1. Addenda 2. Drawings, if any a. Detailed Drawings b. Standard Drawings 3. Special Conditions 4. Referenced Technical Specifications 6. Contract for Construction 7. Instruction to Bidders 8. Standard General Conditions 9. City of Aspen Construction and Excavation Standards, City of Aspen 10. Construction Management Plan Requirements Manual 11. The current edition of the Colorado Department of Transportation Road and Bridge Book excluding Section 100 and as modified by the Special Conditions. 20.0 PERFORMANCE,PAYMENT AND MAINTENANCE BONDS: The Contractor shall furnish Performance, Payment and Maintenance Bonds, each in an amount equal to one hundred percent (100%) of the total Contract price as security for the faithful performance, payment, maintenance obligations of all Contractor's Work under the Contract Documents. Reference is made to the General Conditions for further requirements for Performance,Payment and Maintenance Bonds. .. CitV of Aspen-Special . . Contracts 21.0 WARRANTY INSPECTION: At the City's discretion, a warranty inspection will be held during sixty(60) calendar days prior to the expiration of the warranty period under the Maintenance Bond. The Contractor shall provide an authorized representative at such inspection to represent the Contractor's interests. All defects identified during inspection shall be corrected at Contractor's expense at the direction of the City immediately. Corrective Work shall be commenced within five(5) consecutive calendar days after written notice to Contractor. 22.0 MATERIAL TESTS AND CERTIFICATES: 15.01 All materials to be incorporated into the Work may be subject to sampling, testing by the Contractor per Section 4.0 of these special conditions, and approval and samples furnished shall be representative of the material to be used. 15.02 Tests required to guard against unsuitable materials or defective workmanship and to demonstrate that materials comply with the provisions of the Contract Documents shall be paid for by the Contractor. 15.03 The procedures and methods used to sample and test materials shall be as specified or as determined by the City Engineer. Unless otherwise specified in these Special Conditions, samples and test shall be made in accordance with the latest standard methods of ASTM, AWWA, AASHTO, and CDOT's 1991 edition of Standard Specifications for Road and Bridge Construction. 15.04 The Contractor shall furnish at least one copy of test results to the City Engineer. 23.0 MOBILIZATION/DEMOBILIZATION: Will be measured and paid on a pro-rata basis as explained in the General Conditions of this Contract. 24.0 SUB-EXCAVATION,BACKFILLING&COMPACTION: Unsuitable materials are not anticipated within the project limits. However, if encountered, muck, unstable or unsuitable material shall, at the discretion and direction of the City Engineer, be removed. Removal of such material shall be to the depth and horizontal limits specified by the City Engineer. Any such areas which are over-excavated shall be filled to the subgrade elevation with aggregate base course 3/4"crushed screened rock. The backfill material shall be placed in lifts of 12" or less and compacted to a minimum of 95% density of the modified proctor test method. The price for sub-excavation, backfill and compaction will be measured by the cubic yard actually installed and be paid under the Road base bid item. SCl-971.doc sci Page City of Aspen-Special . . • 25.0 TRAFFIC CONTROL,BARRICADING,AND FLAGGING: If necessary for the safety the safety of the public, Contractor and City employees, the Work under this Bid item includes design of a complete traffic control plan for all street segments to be improved under this Contract by a Certi zed Traffic Control Supervisor and subject to approval of the City Engineer, delivery, pickup, installation, maintenance, protection & replacement of damaged device, defective steady burn or flashing beacons, signs, and adjusting the number of channelizing devices and signs as necessary to maintain safe traffic flows for the duration of this project. The traffic control plan and selected devices and signs shall be based on the MUTCD. Measurement and payment shall be on a pro-rat basis and for the duration of the project including time extensions granted by the City Engineer. No additional payments will made to the Contractor. 26.0 ASPHALT PATCHING: It will be necessary to remove a strip of asphalt adjacent to the outer edge of the gutter so that a form can be placed to give the gutter a straight, uniform edge. After the form has been removed, compaction of both the base material and asphalt patching must conform to the City of Aspen's Construction and Excavation Standards. The area of asphalt removal shall measure 12" perpendicular to the edge of the gutter pan and be replaced and paid for out of the "Hot Mix Asphalt (Grade SX) (Roadway)" line item included on the bid tab unless otherwise directed by a City representative. The contractor shall provide the appropriate compaction equipment necessary to ensure that any materials placed by the contractor conform to the City's Construction and Excavation Standards. 27.0 CONCRETE WORK ADJACENT TO ALLEYS OR HIGH TRAFFIC AREAS The contractor shall use a"high early", CDOT Class E concrete mix design for areas needing early strength in order to open a pavement to service soon after placement. Such areas will include but are not limited to, drainage pans, gutter pans crossing driveway or alley entrances, other critical access points to adjacent property, and any other areas of concrete placement deemed critical by the City's representative. 28.0 LIMITING AREAS OF DISTURBANCE The contractor must limit the area of disturbance due to construction to 600 linear feet of curb line at any one time. The purpose of this limitation is to maintain adequate parking for residents and guests in any neighborhood where work is occurring. A disturbance is defined as any activity that precludes vehicles from occupying any on street parking area including staging or reserved areas, cure time, backfill and/or patching operations. If the contractor desires to exceed 600 linear feet of disturbance in order to keep the work progressing, permission must be obtained from the City's project representative and the City of Aspen Parking Department. SPCONI.doc (Revision Oct.96) SC1-971.doc sci Page City of Aspen-Technical Specifications THE CITY OF ASPEN Engineering Department SPECIAL CONDITIONS-PART TWO TECHNICAL SPECIFICATIONS for 2013 Concrete Replacement and Pedestrian Improvement Project Project No. 2013-041 1.00 GENERAL 1.01 The Special Conditions, Part Two, Technical Specifications, are intended to specify and provide additional description, clarification, or conditions that are applicable to this Contract. 1.04 The Unit Bid Item: The cost for each Bid item listed in the Contractor's Proposal Form shall include the labor, equipment, materials, delivery, manufacturer's or supplier's certification testing, insurance(s), permits, licenses, construction surveying& staking, preparation of`As-Built' plans as applicable, taxes, profit and overhead expenses, administration, clerical, secured storage, complete in-place installation, site restoration to original or better condition and cleanup to the satisfaction of the City Engineer. City of Aspen-Technical Specifications REVISION OF SECTION 106 CONTROL OF MATERIAL 106.03 Samples,Tests, Cited Specifications. All materials or the finished product in which the materials are used will be inspected and tested by the Contractor or by others if specified in the Contract. As the test results become available,the Contractor will promptly furnish to the Engineer copies of test results that indicate out of specification material. Acceptance will be based on the applicable requirements of the City of Aspen's Construction and Excavation Standards for Work in the Right of Way. Any work in which untested and uninspected materials are used shall be performed at the Contractor's risk and may be considered as unacceptable and unauthorized work. Unless otherwise designated, when AASHTO, ASTM or other specifications, standards, or policies are cited, the reference shall be to the latest edition as revised or updated by approved supplements or interim editions published and issued prior to the date of advertisement for bids. Sampling and testing will be done in accordance with the City of Aspen's minimum sampling, testing, and inspection schedule; the special notice to contractors; and the Colorado procedures; all contained in the Department's Field Materials Manual. Where the method of test is not cited, the applicable procedure shall be in accordance with the Standard AASHTO Method which was current on the date of advertisement for bids. Samples will be taken by the Contractor in accordance with AASHTO T 40; hot mix asphalt, in accordance with Colorado Procedure 41 and a composite of aggregates for hot bituminous mixtures, in accordance with Colorado Procedure 30.The Engineer will determine the sampling locations,and the samples shall be taken in the presence of the Engineer.The Contractor may retain a split of each sample. All materials being used are subject to inspection and testing at any time prior to or during incorporation into the work.Tests will be made by and at the expense of the Contractor. BASIS OF PAYMENT 106.03 The accepted quantities will be paid for at the contract price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Material Testing Lump Sum TS1-971.doc TS1 Page City of Aspen-Technical Specifications REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS This section is hereby removed and replace with the following: 202.01 This work includes the removal and disposal of the existing curb and gutter, sidewalk, pavement and any other structures and obstructions required to complete the construction of all improvements shown on the Drawings. The CONTRACTOR shall visit the site and determine the work required for this bid item. Materials removed and not designated in the Contract to be salvaged or incorporated into the work shall become the property of the CONTRACTOR. CONSTRUCTION REQUIREMENTS 202.02 General. The Contractor shall raze, remove, and dispose of all structures and obstructions which are identified on the project. Cavities left by structure removal shall be filled to the level of the surrounding ground with suitable material and,if within the construction limits, shall be compacted in accordance with subsection 203.06. Where portions of structures are to be removed, the portions designated to remain shall be prepared to fit the new construction, and shall be protected from damage. All damage to structures designated to remain in place shall be repaired at the Contractor's expense.Method of repair shall be approved by the Engineer. The sawing of concrete and pavements shall be done carefully, and all concrete or pavement to remain in place which is damaged,due to Contractor's operations,shall be removed and replaced at the Contractors expense. Concrete removed adjacent to asphalt pavements shall be saw cut along the abutting edge prior to removal in order to remove without damage to the pavement. The saw cut edge shall be protected and used as a form for the new concrete. The top edge of the replaced concrete section shall be straight and true without warping or irregularity. In areas where the top of the saw cut asphalt will not provide a uniform straight edge, the CONTRACTOR shall use appropriate forms and or finishing techniques to reproduce a straight and uniform edge. Concrete placed that does not produce a straight and uniform edge shall be replaced at the CONTRACTOR's expense. NOTE: Damage caused to the edge of the pavement shall result in the assessment of pavement restoration for asphalt resurfacing per The City of Aspen Construction and Excavation Standards. 202.03 Salvable Material.Bricks in the commercial core mall as designated by the Engineer or as otherwise noted on plans will be salvaged and become property of the City. 202.04 Grinding Concrete. All concrete shall be modified to conform to City Municipal Code 21.16.090. Areas shall first be approved and marked by a designated city representative. 202.05 Pavements,Sidewalks,Curbs.All concrete pavement,sidewalks, structures,curbs,gutters,etc.,designated for removal,shall be disposed of in accordance with subsection 201.02. 202.06 Portions of structures.Where portions of existing structures lie wholly or in part within the limits of a new structure, they shall be removed as necessary to accommodate the construction of the proposed structure. Reinforcing steel projecting from the structure, designated to remain, shall be cleaned and aligned to the new construction. Required dowels shall be securely grouted with approved grout. When concrete is removed, all exposed reinforcing steel designated to remain in place shall be cleaned by sandblasting to sound steel free of oil, dirt,concrete fragments or laitance, loose rust scale, and other coatings that would destroy or inhibit the bond with the new concrete. Adequate measures shall be taken by the Contractor to protect the steel from contamination or corrosion. Reinforcing steel, contaminated as a result of the Contractor's failure to provide adequate protection, shall be re- .. City of Aspen-Technical Specifications sandblasted at the Contractor's expense with no allowance for contract time extension. A protective device shall be placed between the sandblasting operations and the traveling public. 202.07 Removal of Asphalt Mat. Prior to beginning asphalt removal, the Contractor shall have all removal areas approved by the Engineer. METHOD OF MEASUREMENT 202.08 The payment for the removal of specific items will be on a unit basis,measurement will be by the unit. Removal of asphalt mat will be measured by the area in square yards,completed to the required depth,and accepted. Depths of pavement may vary. Driveway depth is assumed to be approximately two(2) inches, and roadway depth is assumed to be approximately six(6) inches. Depth of asphalt paving shall meet or exceed existing asphalt cross sectional depth. BASIS OF PAYMENT 202.09 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment shall be full compensation for sawing, removing, disposal, excavation and subsequent backfill,and salvage of materials removed,their custody,preservation,storage,and disposal as provided herein. Payment will be made under: Pay Item Pay Unit Grinding Concrete LF Removal of Concrete(misc)(8"max depth) SY Removal of Curb and Gutter LF Removal of Asphalt Mat(Roadway) SY Removal of Asphalt Mat(Driveway) SY When the Contract does not include pay items for removal of structures and obstructions, the removal will not be paid for separately but shall be included in the work. • .. Page 4 City of Aspen-Technical Specifications SECTION 203 EXCAVATION DESCRIPTION 203.01 General.This work consists of excavation,hauling,disposal,placement,and compaction of all material encountered within the limits of the work,including construction of dikes and the excavation for ditches and channels,necessary for the construction of the roadway in accordance with the Contract.All excavation will be classified,"unclassified excavation". 203.02 Excavation. (a) Unclassified Excavation. Unclassified excavation shall consist of the excavation of all materials of whatever character required for the work,obtained within the right of way,including surface boulders and excavation for ditches and channels that is not removed under some other item.Overhanging rock or other rock considered dangerous shall be removed when ordered,and will be classified"Unclassified Excavation". CONSTRUCTION REQUIREMENTS 203.04 General.The excavations shall be finished to smooth and uniform surfaces conforming to the typical sections specified.Variation from the sub grade plan elevations specified shall not be more than 0.08 foot.Where asphalt or concrete surfacing materials are to be placed directly on the sub grade,the sub grade plane shall not vary more than 0.04 foot.Materials shall not be wasted without written permission of the Engineer.Excavation operations shall be conducted so material outside of the slope limits will not be disturbed.Prior to beginning grading operations,all necessary clearing and grubbing in that area shall have been performed in accordance with Section 201. The Contractor shall notify the Engineer not less than five working days prior to beginning excavation so the necessary cross sections may be taken.The Contractor shall not excavate beyond the dimensions and elevations established. Archaeological and paleontological materials encountered during the work shall be dealt with in accordance with subsection 107.23. 203.05 Excavation. (b) Unclassified. Excess or unsuitable excavated material,including rock and boulders,that cannot be used in embankments shall be properly disposed of at the contractor's expense. Wherever specified by the Engineer, intercepting ditches shall be made above the top of cut slopes and carried to outlets near the ends of the cuts.In order to blend the intersection of cut slopes with the slope of the adjacent natural ground surfaces in a uniform manner,the tops of all cut slopes,except those in solid rock,shall be flattened and rounded in accordance with typical sections and details specified.Earth overburden lying above solid rock cuts shall be treated in the same manner as earth cuts. The Department reserves the right to change cut slopes during the progress of excavation. METHOD OF MEASUREMENT 203.13 Items paid for by volume will not be remeasured but will be the quantities designated in the Contract. Exceptions will be made when field changes are ordered or when it is determined that there are discrepancies on the plans in an amount of at least plus or minus two percent of the plan quantity. (a)Excavation. When payment is specified on a volume basis,all accepted excavation and borrow will be measured in its original position by cross-sectioning the area excavated.These measurements will include authorized excavation of rock,shale,muck,or other unsuitable material.All accepted stripping will be measured in stockpiled locations by cross-sectioning. When the excavation conforms to the staked lines and grades,the original cross- sections and the staked sections shall be used for the determination of volumes excavated.Volumes will be computed from the cross-sections by the average end area or other acceptable method. When topsoil or wetland topsoil is included as a pay item and is specified,the measured volume of excavation will be reduced by the volume of topsoil or wetland topsoil removed from the area shown as excavation on the plans. Measurements will include over-breakage in rock excavation from the back slopes to an amount not to exceed,in any half station of 50 feet, 10 percent of the actual quantity required for that half station. TS1-971.doc TS1 -..- City of Aspen-Technical Specifications BASIS OF PAYMENT 203.14 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Unclassified Excavation CY Water will not be measured and paid for separately but shall be included in the work. Compaction will not be measured and paid for separately,but shall be included in the work. •. Page 6 Aspen •- -City of SECTION 208 EROSION CONTROL DESCRIPTION 208.01 This work consists of constructing,installing,maintaining,and removing when required,Best Management Practices(BMPs)during the life of the Contract to prevent or minimize erosion,sedimentation,and pollution of any state waters as defined in subsection 107.25,including wetlands. The Contractor shall coordinate the construction of temporary BMPs with the construction of permanent BMPs to assure economical,effective,and continuous erosion and sediment control throughout the construction period. When a provision of Section 208 or an order by the Engineer requires that an action be immediate or taken immediately,it shall be understood that the Contractor shall at once begin effecting completion of the action and pursue it to completion in a manner acceptable to the Engineer,and in accordance with the Colorado Discharge Permit System Storm water Construction Permit(CDPS-SCP)requirements. MATERIALS 208.02 The material for BMPs shall conform to the following: (a)Erosion Bales:Material for erosion bales shall consist of Certified Weed Free hay or straw.The hay or straw shall be certified under the Colorado Department of Agriculture Weed Free Forage Certification Program and inspected as regulated by the Weed Free Forage Act,Title 35,Article 27.5,CRS.Each certified weed free erosion bale shall be identified by blue and orange twine binding the bales. The Contractor shall not place certified weed free erosion bales or remove their identifying twine until the Engineer has inspected and accepted them. The Contractor shall provide a certificate of compliance(COC)showing the transit certificate number or a copy of the transit certificate as supplied from the forage producer. The Contractor may obtain a current list of Colorado Weed Free Forage Crop Producers who have completed certification by contacting the Colorado Department of Agriculture,Weed Free Forage Program,700 Kipling Street, Suite 4000,Lakewood,CO 80215,(303)239-4177. Bales shall be approximately 5 cubic feet of material and weigh at least 35 pounds. Stakes shall be wood and shall be 2 inch by 2 inch nominal. (b)Silt Fence. Silt fence posts shall be wood with a minimum length of 42 inches. Wood posts shall be 1.5 inch by 1.5 inch nominal.Geotextile shall be attached to wood posts with three or more staples per post. Silt fence geotextile shall conform to the following requirements: Physical Requirements for Silt Fence Geotextiles Property Self Supported Test Method Wire Fence Requirements Supported Geotextile Requirements Elongation<50% Grab Strength,lbs 90 Minimum 124 Minimum ASTM D 4632 Permittivity sec-1 0.05 0.05 ASTM D 4491 Ultraviolet stability Minimum70% Minimum70% ASTM D 4355 Strength Retained Strength Retained (c)Concrete Washout Structure. The Contractor shall construct a washout structure that will contain washout from concrete placement and construction equipment cleaning operations.Embankment required for the concrete washout TS1-971.doc TS1 Page 7 CitV of Aspen •- structure may be excavated material,provided that this material meets the requirements of Section 203 for embankment. Fabricated concrete washout structures may be used.Fabricated concrete washouts are pre-manufactured watertight containers designed to contain liquid and solid waste from concrete washout.Only the fabricated concrete washout structures listed on CDOT's Approved Product List may be used. After use,the structure shall be removed from the project site and disposed of at the Contractor's expense. (d)Gravel Bag. Gravel bags shall consist of aggregate filled fabric with the following dimensions: Diameter 4 to 6 inches Section Length 1 foot minimum The sediment control device shall consist of a woven geotextile fabric with the following properties: Property Requirement Test Method Grab Tensile Strength 90 lbs.min. ASTM D 4632 Trapezoid Tear Strength 25 lbs.min. ASTM D 4533 Mullen Burst 300 psi. ASTM D 3786 Ultraviolet Resistance 70% ASTM D 4355 Aggregate contained in the gravel bags shall consist of gravel or crushed stone conforming to Table 703-7 for Class C. (e)Storm Drain Inlet Protection. Storm drain inlet protection for curb inlets shall consist of aggregate filled fabric with the following dimensions: Storm Drain Inlet Protection Type Protection Properties 'Type I 'Type 11 Diameter 4 in. 4 in. Minimum Section Length 7 ft. 5 ft. Apron Insert — 30 in.or sized to grate 'Type I protection shall be used with Inlet Type R. 'Type 11 protection shall be used with Inlet Type 16. The inlet protection device shall consist of a woven geotextile fabric with the following properties: Property Test Method Unit Requirement Grab Tensile Strength ASTM D 4632 lbs. minimum 450000 Trapezoid Tear Strength ASTM D 4533 lbs. minimum 160xl70 Mullen Burst Strength ASTM D 3786 lbs. 550 Percent Open Area COE-22125-86 % 10 Water Flow Rate ASTM D 4491 gal./min./ft. 210 Ultraviolet Resistance ASTM D 4355 % 90 Storm drain inlet protection shall have an approximate weight of 7 to 10 pounds per linear foot of device.The device shall be capable of conforming to the shape of the curb.Aggregate contained in the storm drain inlet'device shall consist of gravel or crushed stone conforming to Table 703-7 for Class C. CONSTRUCTION REQUIREMENTS .. City of Aspen-Technical Specifications 208.03 Construction of BMPs.BMPs shall be constructed in accordance with the following. (a) Erosion Bales. The bales shall be anchored securely to the ground with wood stakes,as seen in the construction details. (b) Silt Fence. Silt fence shall be installed in locations specified by the City representative when seen necessary. Silt fence shall be installed as seen in the construction details. (c) Storm Drain Inlet Protection. Prior to installation,the Contractor shall sweep the surface of the area in which the storm drain inlet protection devices are to be installed such that the pavement is free of sediment and debris.The ends of the inlet protection shall extend a minimum of 1 foot past each end of the inlet. The Contractor shall remove all accumulated sediment and debris from the surface surrounding the Type I and II inlet protection device after each rain event or as directed.The Contractor shall remove accumulated sediment from Type II containment area when it is more than one third full of sediment,or as directed. The Contractor shall protect storm drain facilities adjacent to locations where pavement cutting operations involving wheel cutting,saw cutting,sand blasting,or abrasive water jet blasting are to take place. (d) Erosion Logs. Erosion logs shall be embedded 2 inches into the soil.Stakes shall be embedded to a minimum depth of 12 inches.At the discretion of the Engineer,a shallower depth may be permitted if rock is encountered. The Contractor shall maintain the erosion logs during construction to prevent sediment from passing over or under the logs. (c) Concrete Washout Structure Design. The concrete washout structure shall meet or exceed the dimensions shown on the plans or be used in accordance with manufacturer's recommendations.Work on this structure shall not begin until written acceptance is provided by the City Representative. Earthen in ground concrete washout structures shall meet the following requirements: (1)Structure shall contain all washout water. (2)Storm water shall not carry wastes from washout and disposal locations. (3)The site shall be located a minimum of 50 horizontal feet from state waters and shall meet all requirements for containment and disposal as defined in subsection 107.25. (4)The site shall be signed as"Concrete Washout". (5)The site shall be accessible to appropriate vehicles. (6)The bottom of excavation shall be a minimum of five feet vertical above groundwater or,alternatively, excavation must be lined with an impermeable synthetic liner that is designed to control seepage to a maximum rate of 10-6 centimeters per second. (7)Freeboard capacity shall be included into structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (8)The Contractor shall prevent tracking of washout material out of the washout structure. (9)Solvents,flocculent,and acid shall not be added to wash water. (10)The use of an in ground concrete washout site shall be less than one year. (11)The structure shall be fenced with orange plastic construction fencing to provide a barrier to construction equipment and to aid in identification of the concrete washout area. (12)Concrete waste,liquid and solid,shall not exceed 2/3 the storage capacity of the washout structure. Fabricated concrete washout structures shall meet the following requirements. (1)Structure shall contain all washout water. (2)The site shall be located a minimum of 50 horizontal feet from state waters and shall meet all requirements for containment and disposal as defined in subsection 107.25. (3)The site shall be delineated with orange plastic fence or other means and signed as"Concrete TS1-971.doc TS1 Page 9 City of Aspen-Technical Specifications Washout". (4)The site shall be accessible to appropriate vehicles. (5)Freeboard capacity shall be included into structure design to reasonably ensure the structure will not overtop during or because of a precipitation event. (6)Solvents,flocculants,and acid shall not be added to wash water. (7)Concrete waste,liquid and solid,shall not exceed 2/3 the storage capacity of the washout structure. The concrete washout structure shall be completed and ready for use prior to concrete placement operations. Washout areas shall be checked by the ECS and maintained as required.Onsite permanent disposal of concrete washout waste is not allowed. All liquid and solid wastes,including contaminated sediment and soils generated from concrete washout shall be hauled away from the site and disposed of properly at the Contractor's expense. (f) Gravel Bag. Gravel bags shall be placed on a stable surface,consisting of pavement,grass or aggregate. Gravel bags shall be placed to conform to the surface without gaps.Discharge water shall not cause erosion. METHOD OF MEASUREMENT 208.04 Due to the minimal disturbance associated with this contract,there may be minimal need for erosion control and therefore all work associated with erosion control will be measured as one lump sum. BASIS OF PAYMENT 208.05 Work associated with Erosion Control measures will be paid for as one lump sum as the item listed below. Payment will be made under: Pay Item Pay Unit Erosion Control LS •• Page 10 City of Aspen-Technical Specifications SECTION 210 RESET STRUCTURES This section is hereby removed and replace with the following: DESCRIPTION 210.01 This work consists of removing, relaying, resetting, repairing, or adjusting structures and related materials. All designated items shall be carefully removed, and stored,reinstalled,or adjusted,in a manner that will avoid loss or damage. CONSTRUCTION REQUIREMENTS 210.02 General.Reset structures shall be cleaned of foreign material prior to reinstallation. Except in areas to be excavated, all holes resulting from the removal of structures shall be neatly backfilled. Methods shall conform to those required in the specifications for the various types of construction involved. Materials in good condition from removed structures may be re-used. Salvaged material, as designated by the Engineer,which is not be re-used shall remain the property of the City and the Contractor shall be held responsible for safekeeping of all materials until receipted by the City. Materials damaged, stolen,or lost prior to receipt by the City shall be repaired or replaced,as determined by the Engineer,at no cost to the City. Unsuitable material, as determined by the Engineer, shall be replaced with new material of similar dimensions, and the material costs will be paid for as provided in this section.All new materials and replacement parts shall conform to the requirements of the Contract for the appropriate items. 210.03 Light Post. Light posts shall be reset on new concrete footers complete with conduit and wiring in accordance with the City of Aspen Standards for Construction and Excavation in the Right of Way (sheets land 2 ENG 213-T) 210.04 Landscape Materials. This work shall include, but is not limited to, providing/replacing plant materials, modifying/replacing irrigation systems, sodding of turf areas, relocating/replacing flower beds, resetting boulders, replacing mulch and edging. 210.05 Mailbox. Mailboxes complete with supporting structures are to be removed and temporarily reset at points near their original location to be accessible for mail delivery service. Upon completion of surfacing operations,the boxes shall again be reset at the locations designated. 210.06 Ground Sign. Signs and posts designated to be reset shall be removed, cleaned, and reset at designated locations,including all work necessary to provide the existing posts with break-away devices,where required. 210.07 Adjust Structure.Adjusting structures applies,but is not limited to,manhole rings and covers,inlet gratings and frames,water valve boxes, water meters, gate posts,and other structures and facilities. Construction operations shall consist of raising, lowering, moving, or removing masonry or concrete; adding brick-work, masonry, or concrete; and resetting grates, frames, or rings and covers to fit the new construction. Structures in the traveled roadway shall be adjusted to a tolerance of 0 to 3/8 inch below the surface of the roadway. Work on water services shall be subject to inspection and testing by the owners. Damage to any fire hydrant or any part of the water system by the Contractor shall be repaired at the Contractor's expense. 210.08 Snowmelt Materials.This work shall include,but is not limited to,providing and replacing existing snowmelt materials or extension of existing systems that may have been disturbed during the demolition or alterations. The contractor shall prevent additional damage to existing Snow melted driveway during demolition or other construction activities. Installation of new Snow melted Driveways shall conform to the 2003 International Mechanical Code Chapter 12 Specifications on Hydronic Piping. 'iTS1-971.doc TS1 Page 11 City of Aspen-Technical Specifications Piping embedded in concrete shall be pressure tested prior to pouring concrete. During pouring,the pipe shall be maintained at the proposed operating pressure. This piping shall be tested hydrostatically at one and one half times that maximum system design pressure but not less than 100 psi(689 kPa). The duration of each test shall not be less than 15 minutes. Approval by the Project Manager is required for any new installation of Snow melted Sidewalk/ADA Ramps/Curb and Gutter. METHOD OF MEASUREMENT 210.12 The quantity to be measured where items are reset or adjusted on an"each"basis shall be the actual number of those items restored for service at new location,completed and accepted. Resetting of structures and related materials shall include all work necessary to remove the items from their existing location to the new location, and shall include all mounting hardware, footings, and all other work necessary to complete the reset item. 210.13 Installation of Snow melted Sidewalk/ADA Ramps/Curb and Gutter will be measured by Square foot to the extents of the area in which new snowmelt tubing has extended. No payment for existing Snowmelt will occur. BASIS OF PAYMENT 210.14 The accepted quantities, measured as provided above, will be paid for at the contract price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Reset Structure(Light Post) Each Reset Structure(Inlet) Each Reset Structure(Snowmelt Materials) Square Foot Reset Structure(Ground Sign) Each Collars and connecting devices will not be measured and paid for separately but shall be included in the work. Resetting Mailbox Structures are incidental to the project and shall be included in the work. Landscape Materials: The resetting and modification of existing landscape,structures and irrigation as are incidental to the project and shall be included in the work. d. Page 12 City of Aspen-Technical Specifications SECTION 304 AGGREGATE BASE COURSE DESCRIPTION 304.01 Description:This work consists of furnishing and placing one or more courses of aggregate and additives,if required,on a prepared sub grade. MATERIALS 304.02 Aggregate.The aggregates shall meet the requirements of subsection 703.03. Acceptance will be based on random samples taken from each lift. 304.03 Commercial Mineral Fillers.Hydraulic cement shall conform to subsection 701.01.Hydrated lime shall conform to subsection 712.03. CONSTRUCTION REQUIREMENTS 304.04 Placing.If the required compacted depth of the aggregate base course exceeds 6 inches,it shall be constructed in two or more layers of approximately equal thickness. The maximum compacted thickness of any one layer shall not exceed 6 inches.When vibratory or other approved types of special compacting equipment are used, the compacted depth of a single layer may be increased to 8 inches upon request,provided that specified density is achieved and written approval is given. 304.05 Mixing.The Contractor shall mix the aggregate by methods that insure a thorough and homogenous mixture. 304.06 Shaping and Compaction.Compaction of each layer shall continue until a density of not less than 95 percent of the maximum density determined in accordance with AASHTO T 180 has been achieved.The surface of each layer shall be maintained during the compaction operations so that a uniform texture is produced and the aggregates are firmly keyed. Water shall be uniformly applied during compaction in the quantity necessary for proper consolidation. The surface of the base course will be tested with a 10 foot straightedge,or other approved device.The surface shall be tested prior to the application of any primer or pavement.The variation of the surface from the testing edge of the straightedge between any two contacts with the surface shall not exceed'/4 inch.All irregularities exceeding the specified tolerance shall be corrected to the satisfaction of the Engineer at no additional cost to the City. The above compaction and straightedge requirements shall not apply to shoulder gravel.Compaction of shoulder gravel shall be accomplished by wheel rolling,as directed. METHOD OF MEASUREMENT 304.07 Aggregate base course will be measured by the ton,or by the cubic yard compacted in place. BASIS OF PAYMENT 304.08 The accepted quantities of aggregate base course,of the class specified,will be paid for at the contract price bid per ton or per cubic yard,as shown in the bid schedule. Payment will be made under: Pay Item Pay Unit Aggregate Base Course(Class 6) CY Aggregate Base Course(3/4"Crushed Screened Rock) CY Water will not be measured and paid for separately but shall be included in the work. Commercial mineral fillers,when used,will be measured and paid for in accordance with Section 307 or as provided in the Contract. TS1-971.doc TS1 Page 13 City of Aspen-Technical Specifications SECTION 400 PAVEMENTS SECTION 401 PLANT MIX PAVEMENTS-GENERAL DESCRIPTION 401.01 These specifications include general requirements that are applicable to all types of hot mix asphalts irrespective of gradation of aggregate, kind and quantity of asphalt cement,or pavement use.Deviations from these general requirements will be indicated in the specific requirements for each type. This work consists of one or more courses of bituminous mixture constructed on a prepared foundation in accordance with these specifications and the specific requirements of the type under contract,and in conformity with the lines,grades,thicknesses,and typical cross sections shown on the plans or established. MATERIALS 401.02 Composition of Mixtures.The bituminous plant mix shall be composed of a mixture of aggregate, filler or additives if required and approved,asphalt cement,and reclaimed material if permitted and used. (a)Mix Design. The Contractor shall submit the following to the Engineer: (1) A proposed hot mix asphalt mix design, including a proposed job-mix gradation for each mixture required by the Contract which shall be wholly within the Master Range Table in Section 703 before the tolerances shown in Section 401 are applied.The weight of lime shall be included in the total weight of the material passing the 75 µm(No.200)sieve. (2)The name of the refinery supplying the asphalt cement and the source of the anti-stripping additive. (b)Mixtures Furnished to the Project. After the job-mix formula is established,all mixtures furnished for the project shall conform thereto within the ranges of tolerances listed in Table 401-1 Table 401-1 Asphalt Content f0.3% Asphalt Recycling Agent f0.2% Temperature of Mixture When Discharged from Mixer ±20 OF Hot Mix Asphalt-Item 403 zPassing the 9.5 mm(3/8inch)and larger sieves ±6% z Passing the 4.75 mm(No.4)and 2.36 mm(No. 8 sieves) ±5% 2 Passing the 600µm(No.30)sieve ±4% zPassing the 75 µm(No.200)sieve ±2% iWhen 100%passing is designated,there shall be no tolerance. When 90-100%passing is designated, 90%shall be the minimum;no tolerance shall be used. 2These tolerances apply to the Contractor's Quality Control Testing. TS1-971.doc TS1 -..- City of Aspen •- 401.03 Aggregates. Aggregates shall meet the applicable requirements of Section 703 - Aggregates. Aggregate gradation will be SX. 401.04 Mineral Filler.Mineral filler shall meet the requirements of subsection 703.06. 401.05 Hydrated Lime.Hydrated lime shall meet the requirements of subsection 712.03. 401.06 Asphalt Cements. PG binder requirements will be Type PG 58-28 The asphalt cement shall meet the applicable requirements of Section 702-Asphalt Cements. CONSTRUCTION REQUIREMENTS 401.07 Weather Limitations and Placement Temperatures. Hot mix asphalt shall be placed only on properly prepared unfrozen surfaces which are free of water, snow, and ice. The hot mix asphalt shall be placed only when both the air and surface temperatures equal or exceed the temperatures specified in Table 401-3 and the Engineer determines that the weather conditions permit the pavement to be properly placed and compacted. Table 401-3 PLACEMENT TEMPERATURE LIMITATIONS IN OF Compacted Layer Minimum Surface and Air Temperature°F Thickness in inches Layers Below Top Layer Top Layer <1'/z 60 50 1'/2-<3 50 40 3 or more 45 35 Note:Air temperature is taken in the shade. Surface is defined as the existing base on which the new pavement is to be placed. If the temperature falls below the minimum air or surface temperatures,paving shall stop. The Contractor shall schedule the work so that no removed surface is left without resurfacing for more than one calendar day.The Contractor shall immediately place a temporary hot mix asphalt layer on any surface that has been removed and cannot be resurfaced in accordance with the above temperature requirements within ten calendar days after being removed. The Contractor shall maintain the temporary layer for the entire period that it is open to traffic. Distress which affects the ride, safety,or serviceability of the temporary layer shall be immediately corrected to the satisfaction of the Engineer.The temporary hot mix asphalt layer shall be removed when work resumes. 401.08 Bituminous Mixing Plant. The bituminous mixing plant shall be capable of producing a uniform material, have adequate capacity, and be maintained in good mechanical condition. Defective parts shall be replaced or repaired immediately if they adversely affect the proper functioning of the plant or plant units, or adversely affect the quality of the hot bituminous plant mix. Dust, smoke, or other contaminants shall be controlled at the plant site to meet all air quality requirements in accordance with the Colorado Department of Public Health and Environment. Hot bituminous plant mix shall not be stored longer than nine hours, unless additional protective measures are used and approved. 401.09 Hauling Equipment. All vehicles and equipment used on site will be properly maintained such that the engines will function within manufacture's standards or parameters. Emissions from diesel engines operated within the City of Aspen shall be of a shade or density no darker than 40% opacity, except for starting motion no longer than 10 seconds or for stationary operation not exceeding 10 seconds. Trucks used for hauling bituminous mixtures TSI-971.doc City of Aspen-Technical Specifications shall have tight, clean, smooth metal beds thinly coated with a minimum amount of paraffin oil, lime solution, or other approved release agent. Petroleum distillates such as kerosene or fuel oil will not be permitted. Each truck shall have a cover of canvas or other suitable material to protect the mixture from the weather. 401.10 Bituminous Pavers. Self-propelled bituminous pavers shall be provided and equipped with an activated screed assembly, heated if necessary, capable of spreading and finishing the bituminous plant mix material in lane widths applicable to the typical section and thicknesses shown in the Contract. Pavers used for patching shall be capable of spreading and finishing courses of asphalt plant mix material in widths shown in the Contract. Pavers shall be in good working conditions and property maintained with no fuel or hydraulic leaks. The paver's receiving hopper shall have sufficient capacity for a uniform spreading operation and shall have an automatic distribution system that will place the mixture uniformly in front of the screed. The screed or strike-off assembly shall produce the specified finished surface without tearing, shoving, or gouging the mixture. The paver shall be capable of operating at forward speeds consistent with uniform and continuous laying of the mixture. Stop and go operations of the paver shall be avoided. The bituminous paver shall be equipped with a means of preventing the segregation of the coarse aggregate particles from the remainder of the bituminous plant mix when that mix is carried from the paver hopper back to the paver augers. The means and methods used shall be approved by the paver manufacturer and may consist of chain curtains,deflector plates,or other such devices and any combination of these. Prior to the start of using the paver for placing plant mix, the Contractor shall submit for approval a full description in writing of the means and methodologies that will be used to prevent bituminous paver segregation. Use of the paver shall not commence prior to receiving approval from the Engineer. The controls shall be capable of maintaining the screed at the specified transverse slope within plus or minus 0.1 percent. If the Contractor fails to obtain and maintain the specified surface tolerances, or quality standards the paving operations shall be suspended until satisfactory corrections,repairs,or equipment replacements are made. 401.11 Tack Coat.When ordered by the Engineer tack coat shall be applied between pavement courses. 401.12 Surface Conditioning.Irregularities in the existing pavement or base shall be brought to uniform grade and cross section. Prior to placing tack coat and beginning overlay work, the surface to be tack coated shall be swept to remove accumulations of loose gravel and debris. Bituminous plant mix shall be placed only on properly constructed surfaces that are free from substances that would adversely affect the pavement quality. Contact surfaces of curbing, gutters, manholes, and other structures shall be painted with a uniform coating of asphalt cement prior to placing bituminous mixture against them. 401.15 Mixing. The dried aggregates and asphalt shall be combined in the mixer in the quantities required to meet the job-mix formula. The materials shall be mixed until the aggregate is completely and uniformly coated, and the asphalt is uniformly distributed throughout the aggregate. The minimum temperature of the mixture when discharged from the mixer and when delivered for use shall be as shown in Table 401-5: .. Page City of Aspen-Technical Specifications Table 401-5 Asphalt Grade Minimum Mix Discharge Minimum Delivered Temperature,°F* Mix Temperature,°F** PG 58-28 275 235 PG 64-22 290 235 PG 76-28 320 280 PG 64-28 320 280 PG 58-34 300 280 *The maximum mix discharge temperature shall not exceed the minimum discharge temperature by more than 30 °F. **Delivered mix temperature shall be measured behind the paver screed. Hot-mix asphalt mixture shall be produced at the lowest temperature within the specified temperature range that produces a workable mix and provides for uniform coating of aggregates(95 percent minimum in accordance with AASHTO T 195),and that allows the required compaction to be achieved. 401.16 Spreading and Finishing.Bituminous pavers shall be used to distribute the mixture to the established grade and required thickness over the entire width or partial width as practicable. The longitudinal joint in both a new pavement and an overlay pavement layer shall offset the joint in the layer immediately below by 6 inches.In every pavement layer,the joints shall not be constructed in the wheel paths.The Contractor shall submit a longitudinal joint plan three days prior to the Pre-Paving meeting.The plan shall show the location and configuration of the proposed longitudinal joints and shall detail the methods to be used to field establish a control line.The Contractor shall use a continuous string line to delineate every longitudinal joint during paving operations.All exposed string line shall be picked up and disposed of at the end of each day's paving.Paving shall not commence until the plan has been approved in writing by the Engineer. The joints in the top layer of pavement shall be offset 6 to 12 inches from the center of pavement and from the outside edge of travel lanes unless otherwise approved in writing by the Engineer: Longitudinal joints shall not cross the centerline,lane line,or edge line unless approved by the Engineer. On areas where the use of mechanical spreading and finishing equipment is impracticable, the mixture shall be dumped,spread,raked,screeded,and luted by hand tools to the required compacted thickness and grades. Production of the mixture shall be maintained so pavers can be used in echelon to place the wearing course in adjacent lanes. The bituminous mixture shall be transported and placed on the roadway without segregation. All segregated areas behind the paver shall be removed immediately upon discovery. The segregated material shall be replaced with specification material before the initial rolling has taken place.If more than 50 square feet of segregated pavement is ordered removed and replaced in any continuous 150 linear feet of paver width lay down, operations shall be discontinued until the source of the segregation has been found and corrected. Segregated areas shall be removed and replaced,full lane width,at the Contractor's expense. 401.17 Compaction.The hot mix asphalt shall be compacted by rolling. Both steel wheel and pneumatic tire rollers will be required. The number,weight, and type of rollers furnished shall be sufficient to obtain the required density while the mixture is in a workable condition.Compaction shall begin immediately after the mixture is placed and be continuous until the required density is obtained. When the mixture contains unmodified asphalt cement(PG 58-28 or PG 64-22) or modified (PG 58-34), and the surface temperature falls below 185 °F, further compaction effort TS1-971.doc City of Aspen-Technical Specifications shall not be applied unless approved. If the mixture contains modified asphalt cement(PG76-28 or PG 64-28) and the surface temperature falls below 230°F,further compaction effort shall not be applied unless approved. All roller marks shall be removed with the finish rolling. Use of vibratory rollers with the vibrator on will not be permitted during surface course final rolling. Pavement shall be compacted to a density of 92 to 96 percent of the maximum theoretical density, determined according to CP 51.Field density determinations will be made in accordance with CP 44 or 81. Along forms,curbs,headers,walls,and all other places not accessible to the rollers,the mixture shall be thoroughly compacted with mechanical tampers. Any mixture that becomes loose and broken, mixed with dirt, or is in any way defective, shall be immediately removed and replaced with fresh hot mixture,and compacted to conform to the surrounding area. 401.18 Joints.Placing of the HMA paving shall be continuous,and rollers shall not pass over the unprotected end of a freshly laid mixture.Transverse joints shall be formed by cutting back on the previous run to expose the full depth of the course.A coat of asphalt cement shall be applied to contact surfaces of all joints just before additional mixture is placed against the previously compacted material. Location and configuration of longitudinal joints shall be in accordance with subsection 401.16. 401.20 Surface Smoothness. The roadway surface smoothness shall be tested in accordance with the City's Construction and Excavation Standards. Upon completion of the permanent patch,the surface shall be thoroughly compacted,smooth,and free from ruts,humps,depressions,or irregularities.When a straightedge ten feet(10')long is laid across the permanent patch parallel to the centerline of the street and in a direction transverse to the centerline,the surface shall not vary more than 1/4 inch from the lower edge of the straight edge.Patches exhibiting deviations greater than 1/4 inch shall be replaced prior to acceptance of the patch. If the existing street exceeds the above tolerances, then the patch shall be equal or better than the condition of the surrounding pavement. In most cases, and particularly in the cases of extensive excavation and repairs, it is desirable to survey the existing pavement condition with a representative of the city prior to the work. After completion of the work, survey the pavement condition again to verify that the pavement condition has been maintained or improved. In the case of minor repairs,these pavement surveys can be made by visual observation. The final paved surface shall be flush with or no higher than 3/8 inch above the surface of the concrete gutter at the outside edge of the new pavement. For median spill curbs,the final paved surface shall be flush with or no lower than 3/8 inch below the surface of the gutter. Corrective measures required to meet this tolerance shall be subject to approval from the CITY and at the cost of the CONTRACTOR. TS1-971.doc TS1 Page 18 City of Aspen-Technical Specifications METHOD OF MEASUREMENT 401.21 Hot mix asphalt will be measured by the Square Yard, at a depth of 5 inches for Roadway and a depth of 2 inches for Driveway, (CDOT S or SX mix 3 inch base layer and a 2 inch top layer. Driveway will solely be CDOT SX mix,2 inch top layer.)Depth of asphalt paving shall meet or exceed existing asphalt cross sectional depth. Hot mix asphalt patch will be measured by the square yard at a 9 inch depth. The asphalt patch shall extent 2 feet from the gutter/pan line for the length of the concrete replacement.If patch exceeds this width from the gutter/pan line contractor must patch the entire lane. The additional feet of patch will not be paid for separately but will be installed at the contractor's expense. All work associated with Hot Bituminous Pavement, including preparatory work, tack coat, materials, labor, equipment and incidentals will be paid for as Hot Bituminous Pavement. Such payment shall be considered full compensation for all work necessary to complete this item in accordance with the specifications. BASIS OF PAYMENT 401.22 All work performed and measured as described above will be paid for as provided in the respective sections for each type specified. If there is no pay item for asphalt cement of the type specified it will not be measured and paid for separately but shall be included in the work. Facilities for testing hot bituminous plant mix at the site of the commercial plant will not be paid for separately,but shall be included in the work. Traffic control for this work will be paid for in accordance with the contract. All costs of the temporary hot mix asphalt layer required according to subsection 401.07,maintenance and removal of the temporary pavement layer, temporary pavement marking, and traffic control will not be paid for separately, but shall be included in the work. .. .- City of Aspen-Technical Specifications SECTION 403 HOT MIX ASPHALT DESCRIPTION 403.01 This work consists of constructing one or more courses of hot mix asphalt(HMA) pavement on a prepared base in accordance with these specifications,and in conformity with the lines,grades,thicknesses,and typical cross sections shown on the plans or established. The HMA pavement shall be composed of a mixture of aggregate,filler if required,and asphalt cement. Hot Mix Asphalt(Patching)consists of those quantities required for the replacement of unstable corrugated areas in the existing pavement, pipe trenches, areas removed for curb & gutter forms, areas between the curb & gutter or sidewalk and the existing paved parking lots,and areas designated on the plans.These quantities will be restricted to areas up to 4 feet in width. Small areas may require hand placement methods and where conventional paving equipment cannot be utilized. MATERIALS 403.02 The materials shall conform to the requirements of subsections 401.02 through 401.06. CONSTRUCTION REQUIREMENTS 403.03 The construction requirements shall be as prescribed in subsections 401.07 through 401.20. Areas to be patched shall be saw cut, excavated and squared to a neat line, leaving the sides of the excavation vertical.Prior to placement of the patch the exposed sides of the existing pavement shall be thoroughly coated with Emulsified Asphalt(slow-setting).Hot mix asphalt shall then be placed and compacted in succeeding layers not to exceed 3 inches in depth. Cleaning tools and equipment used for HMA placement is not allowed on the pavement surface. Cleaning of tools near streams, ponds, drainage structures or other areas that are tributaries to waterways is strictly prohibited. If possible, remove solid pieces of asphalt by scraping or other mechanical means prior to application of a cleaning agent. If a petroleum product is used for cleaning, contain all liquid products during cleaning operations using tarpaulins, sand pads,pails,or other collection methods to prevent spillage or accidental release.Use hand sprayers or other similar devices to minimize the amount of petroleum product applied. Properly dispose of sand and collected petroleum products as petroleum contaminated soil. Dispose solid, dry asphalt fragments as exempt construction and demolition waste. METHOD OF MEASUREMENT 403.04 Hot mix asphalt will be measured as prescribed in subsection 401.21 TS1-97l.doc TS1 -.g 0 City of Aspen-Technical Specifications BASIS OF PAYMENT 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per square yard for the bituminous mixture. Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt(Grade SX)(Roadway) SY Hot Mix Asphalt(Grade SX)(Driveway) SY Aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete each hot mix asphalt item will not be paid for separately but shall be included in the unit price bid. Excavation,preparation,and tack coat of areas to be patched will not be measured and paid for separately,but shall be included in the work. TS1-971.doc TS1 Page 21 City of Aspen-Technical Specifications SECTION 411 BITUMINOUS MATERIALS DESCRIPTION 411.01 This work consists of furnishing bituminous materials of all types and the application of these materials in accordance with these specifications and details shown on the plans. MATERIALS 411.02 All bituminous materials shall conform to the requirements of Section 702.The type and grade of bituminous material will be specified in the Contract. CONSTRUCTION REQUIREMENTS 411.03 Bituminous materials shall be fortified when required by the Contract with an additive of an approved type. Additive shall be uniformly blended with bituminous materials at the refinery, or through an approved in-line blender as specified in the Contract. Asphaltic application methods which result in the discoloration of concrete structures, concrete curbs, and concrete gutters will not be permitted. Coatings shall be applied so as to cause the least inconvenience to traffic and to permit one-way traffic. Traffic will be permitted to travel on fresh bituminous material when it can be accomplished without pickup or tracking of the bituminous material. Asphaltic materials used as fuel or lubricant shall be stored separately. Emulsified asphalt for tack coat shall be diluted before use as shown in the Contract or as directed. METHOD OF MEASUREMENT AND BASIS OF PAYMENT 411.04 Asphalt cement will not be measured and paid for separately but shall be included in the associated work. TS1-971.doc CitV of Aspen •- SECTION 601 STRUCTURAL CONCRETE DESCRIPTION 601.01 This work consists of furnishing and placing portland cement concrete in accordance with these specifications and in conformity with the lines, grades and dimensions as shown on the plans or established. This work includes preparing concrete surfaces designated in the Contract and applying an approved colored Structural Concrete Coating to them. 601.02 Classification.The classes of concrete shown in Table 60 1-1 shall be used when specified in the Contract. Table 601-1 CONCRETE TABLE Concrete Required Field Cement Air Content Water Content Class Compressive Strength Minimum or Range Maximum Cement Ratio: Range(Total) or Range B 4500 psi at 28 days 5-8 0.45 D 4500 psi at 28 days 5-8 0.45 E 4200 psi at 28 days 4-80.44 0.44 Class B concrete is an air entrained concrete for general use. Class D or H concrete may be substituted for Class B concrete. Additional requirements for Class B concrete are: Class B concrete shall have a nominal coarse aggregate size of 37.5 mm(1%2 inches)or smaller. Approved fly ash may be substituted for Portland cement up to a maximum of 20 percent Class C or 30 percent Class F by weight. Class D concrete is a dense medium strength structural concrete.Class H may be substituted for Class D concrete. Additional requirements are:An approved water reducing admixture shall be incorporated in the mix.The concrete mix shall be made with AASHTO M 43 sizes No.57,No.6,or No.67 coarse aggregate. When placed in a bridge deck,the concrete mix shall consist of a minimum 55 percent AASHTO M 43 size No.67 coarse aggregate by weight of total aggregate. Class E concrete may be used for fast track pavements needing early strength in order to open a pavement to service soon after placement. Additional requirements for Class E concrete are: Type III cement may be used. Class E concrete shall contain a minimum of 55 percent AASHTO M 43 size No. 357 or No. 467 coarse aggregate. If all transverse joints are doweled, then Class E concrete shall contain a minimum of 55 percent AASHTO M 43 sizes No. 57,No.67,No.357,or No.467 coarse aggregate.In addition to the compressive strength requirements in Table 601- 1 and unless stated otherwise on the plans,Class E concrete shall achieve a field compressive strength of 2500 psi within 12 hours.Laboratory trial mix for Class E concrete must produce an average 28 day flexural strength of at least 650 psi. Approved fly ash may be substituted for Portland cement up to a maximum of 30 percent Class F by weight. MATERIALS 601.03 Materials shall meet the requirements specified in the following subsections: Fine Aggregate 703.01 Coarse Aggregate 703.02 Portland Cement 701.01 Fly Ash 701.02 Water 712.01 Air Entraining Admixture 711.02 Chemical Admixtures 711.03 Curing Materials 711.01 Preformed Joint Material 705.01 Reinforcing Steel 709.01 Bearing Materials 705.06 TS1-971.doc TS1 Page 23 City of Aspen-Technical Specifications Epoxy 712.10 Structural Concrete Coating 708.08 Type I or II cement shall be used unless high early strength concrete or sulfate resisting concrete is called for on the plans or as otherwise permitted. Silica fume admixture shall conform to the requirements of subsection 701.03. Calcium chloride shall not be used in any concrete unless otherwise specified. CONSTRUCTION REQUIREMENTS 601.05 Proportioning. The Contractor shall submit a Concrete Mix Design Report consisting of design mix proportions, laboratory trial mix and aggregate data for each class of concrete being placed on the project. Concrete shall not be placed on the project before the Concrete Mix Design Report has been reviewed and approved by the Engineer. The Concrete Mix Design cannot be approved when the laboratory trial mix and aggregate data are the results from tests performed more than a year in the past. The design mix proportions shall show the weights and sources of all ingredients including cement, fly ash, aggregates, water, additives and the water cement ratio (w/c). When determining the w/c,cement(c)shall be the sum of the weight of the cement,the weight of the fly ash and the weight of silica fume. The laboratory trial mix data shall include results of the following: (1)AASHTO T 119 Slump of Hydraulic Cement Concrete. (2)AASHTO T 121 Weight per Cubic Foot,Yield,and Air Content(Gravimetric)of Concrete.Air content from AASHTO T 152 Air Content of Freshly Mixed Concrete by the Pressure Method may be used in lieu of the air content by the gravimetric method in AASHTO T 121. The Contractor shall submit a new Concrete Mix Design Report meeting the above requirements when a change occurs in the source, type, or proportions of cement, fly ash, or aggregate. Unless otherwise permitted by the Engineer,the product of only one type of portland cement from one mill of any one brand shall be used in a concrete mix design.Review and approval of the Concrete Mix Design by the Engineer does not constitute acceptance of the concrete.Acceptance will be based solely on the test results of concrete placed on the project. 601.06 Batching. Measuring and hatching of materials shall be done at a batching plant in accordance with AASHTO M 157. The Contractor shall furnish a batch ticket (delivery ticket) with each load for all classes of concrete. Concrete delivered without a batch ticket containing complete information as specified shall be rejected. The Contractor shall collect and complete the batch ticket at the placement site and deliver all batch tickets to the Engineer on a daily basis.The Engineer shall have access to the batch tickets at any time during the placement. The following information shall be provided on each batch ticket: (1)Supplier's name and date (2)Truck number (3)Project number and location (4)Concrete class designation and item number (5)Cubic yards batched (6)Time batched (7)CDOT mix design number (8)Type,brand,and amount of each admixture (9)Type,brand,and amount of cement and fly ash (10)Weights of fine and coarse aggregates (11)Moisture of fine and coarse aggregate (12)Gallons of batch water(including ice) The drum on each truck mixer shall be reversed prior to charging to eliminate any wash water remaining in the mixer. 601.07 Mixing. Concrete may be mixed in stationary mixers, in a central-mix plant, in truck mixers, or in self- contained mobile mixers.Mixing time shall be measured from the time all materials,except water, are in the drum. Silica fume,when specified,shall be added to the mix during initial batching. (a) Mixing General. The concrete shall be deposited in place within 90 minutes after batching when concrete is TS1-971.doc City of Aspen-Technical Specifications delivered in truck mixers or agitating trucks, and within 60 minutes when delivered in non agitating trucks. The 90 minute time limit for mixer or agitating trucks may be extended to 120 minutes if: (1)No water is added after 90 minutes. (2)The concrete temperature prior to placement is less than 90 ❑F The 90 minute time limit for mixer or agitating trucks may be extended to 180 minutes if. (1)No water is added after 90 minutes. (2)The concrete temperature prior to placement is less than 90 ❑F. (3)The approved concrete mix contains a water reducing and retarding admixture which conforms to AASHTO M 194,Type D. (c) Truck Mixing.Truck mixed concrete shall conform to one of the following: 1. Concrete mixed entirely in a truck mixer equipped with a mechanical counter shall be partially mixed at the plant or in transit for not less than 20 revolutions of the drum at mixing speed. The revolutions of the drum at charging speed shall not be counted as mixing revolutions. The concrete shall be mixed between 50 and 100 revolutions of the mixer drum at mixing speed at the delivery site before discharge of the concrete. When water is added at the delivery site to control the consistency of the concrete as specified in subsection 601.02, the concrete shall be mixed for at least 20 revolutions of the mixer drum at mixing speed for each addition of water before discharge. These revolutions are in addition to the minimum revolutions required for mixing at the delivery site.The added water shall not cause the water/cement ratio to exceed the requirements in subsection 601.02. Water from all sources shall be documented by the ready mix producer on the delivery slip for each load of concrete. The Contractor shall provide a Concrete Truck Mixer Certification. The Contractor shall furnish a water-measuring device in good working condition, mounted on each transit mix truck, for measuring the water added to the mix after the truck has left the charging plant. Each measuring device shall be equipped with an easy-to-read gauge. Water shall be measured to the accuracy prescribed in AASHTO M 157. 601.08 Air Content Adjustment. When a batch of concrete delivered to the project does not conform to the minimum specified air content,an air entraining admixture conforming to subsection 711.02 may be added,one time only for the batch, at the Contractor's option prior to consideration for rejection or price adjustment. After the admixture is added the concrete shall be re-mixed for a minimum of 20 revolutions of the mixer drum at mixing speed. The concrete will then be re-tested and if found acceptable may be placed in accordance with the specifications. A maximum of three batches per day may be adjusted by adding air entraining admixture at the delivery site. 601.09 Forms. (a)Design.Forms shall be mortar tight and sufficiently rigid to prevent distortion due to the pressure of the concrete and other loads incidental to the concrete operations, including vibration. The rate of depositing concrete in forms shall be controlled to prevent deflections of the form panels in excess of the deflections permitted by these specifications. Forms for exposed concrete surfaces shall be designed and constructed so that the formed surface of the concrete does not undulate excessively in any direction between studs,joists, form stiffeners, form fasteners, or wales. Undulations exceeding 3/32 inch between the center to center distance of studs,joists, form stiffeners, form fasteners or wales will be considered to be excessive. Should any form or forming system, even though previously approved for use, produce a concrete surface with excessive undulations, its use shall be discontinued until modifications satisfactory to the Engineer have been made. Portions of concrete structures with surface undulations in excess of the limits herein may be rejected by the Engineer. (b) Construction.Forms shall be constructed and maintained so as to prevent the opening of joints due to shrinkage of the lumber.The use of ties consisting of twisted wire loops to hold forms in position will not be permitted.Deck slab forms between girders shall be constructed with no allowance for settlement relative to the girders. The inside surfaces of forms shall be cleaned of all dirt,mortar and foreign material. Forms which will later be removed shall be thoroughly coated with form oil prior to use. The form oil shall be commercial quality form oil or other equivalent coating which will permit the ready release of the forms and will not discolor the concrete. Concrete d. .- City of Aspen-Technical Specifications shall not be deposited in the forms until all work connected with constructing the forms has been completed; all materials required to be embedded in the concrete have been placed, unless otherwise specified on the plans or approved; and the Engineer has inspected said forms and material. Such work shall include the removal of all dirt, chips, sawdust, water and other foreign material from the forms. Anchor devices may be cast into the concrete for later use in supporting forms or for lifting precast members. The use of driven types of anchorages for fastening forms or form supports to concrete will not be permitted. (c)Form Lumber.Form lumber for all exposed concrete surfaces shall be dressed at least on one side and two edges and shall be constructed so as to produce mortar tight joints and smooth, even concrete surfaces. Forms shall be filleted and chamfered as shown on the plans,and shall be given a bevel or draft in the case of all projections, such as girders and copings, to assure easy removal. Unless otherwise specified, forms for exposed surfaces shall be constructed with triangular fillets 1/4 inch by 3/4 inch at all exterior corners. (d) Metal Ties. Metal ties or anchorages within the forms shall be so constructed as to permit their removal to a depth of at least '/2 inch from the face without injury to the concrete. When wire ties are used the wires shall be cut back at least '/4 inch from the face of the concrete upon removal of the forms. The cavities shall be filled with cement mortar and the surface left sound,smooth,even and uniform in color. (f) Surface Treatment. All forms shall be treated with oil prior to placing reinforcement except that an approved nonpetroleum base form release agent shall be used for surfaces which are to receive Class 5, Masonry Coating Finish. Wood forms shall be thoroughly moistened with water immediately before placing the concrete. For rail members or other members with exposed faces, the forms shall be treated with an approved form release agent to prevent the adherence of concrete. Material which will adhere to or discolor the concrete shall not be used. All concrete forms for surfaces to which Structural Concrete Coating is to be applied shall be treated with water based concrete form release agent prior to placing reinforcement. (g)Metal Forms for General Use. The specifications for forms, regarding design, mortar tightness, filleted corners, beveled projections, bracing, alignment, removal, and reuse and oiling, apply to metal forms. The metal used for forms shall be of such thickness that the forms will remain true to shape. All bolt and rivet heads shall be countersunk. Clamps, pins or other connecting devices shall be designed to hold the forms rigidly together and to allow removal without injury to the concrete.Metal forms which do not present a smooth surface or do not line up properly shall not be used. Metal forms shall be free from rust, grease or other foreign matter. Permanent steel bridge deck forms shall be as described in subsection 601.10. (h)Removal of Forms. The forms for any portion of the structure shall not be removed until the concrete is strong enough to withstand damage when the forms are removed. Unless controlled by beam or cylinder tests, the following minimum periods of times,exclusive of days when the ambient temperature is below 40 [IF,may be used as a guide for removal of forms and supports. When field operations are controlled by beam or cylinder tests, the removal of forms, supports and housing,and the discontinuance of heating and curing may begin when the concrete is found to have the required compressive strength. If high-early-strength (Type III) cement or accelerating admixtures are used,the above periods may be reduced as approved.Forms for median barrier,railing or curbs,may be removed at the convenience of the Contractor after the concrete has hardened. (i)Patching.The mixed formula for patch mortar shall be determined by trial to obtain a good color match with the concrete when both patch and concrete are cured and dry. 0)Re-use of Forms. The shape, strength, rigidity, water tightness and surface smoothness of reused forms shall be maintained at all times.Warped or bulged lumber shall not be used. 601.12 Placing Concrete. (a) General. A pre-placement conference shall be held with selected Contractor and Department personnel prior to placement of concrete bridge decks to discuss the method and sequence of placing concrete. At the pre-placement conference, the Contractor shall present a concrete winter protection plan for acceptance by the Engineer. The accepted concrete winter protection plan shall contain information on the number and type of heat sources to be TS1-971.doc City of Aspen-Technical Specifications used, a sketch detailing the enclosure materials, and all other pertinent information. Sufficient equipment shall be supplied to continuously maintain the specified temperature uniformly in all parts of the enclosure. Insulated blankets on top of the bridge deck and freely circulated artificial heat below the deck will be permitted. Concrete shall not be placed until forms have been completed and materials required to be embedded in the concrete have been placed,and the Engineer has inspected the forms and materials. The forms shall be cleaned of all debris before concrete is placed. The external surface of all concrete shall be thoroughly worked during the placing by means of tools of an approved type. The working shall be such as to force all coarse aggregate from the surface and to bring mortar against the forms to produce a smooth finish substantially free from water and air pockets,or honeycomb. (b) Hot Weather Limitations. Placing of concrete during hot weather shall be limited by the temperature of the concrete at the time of placing. Mixed concrete which has a temperature of 90 F or higher,shall not be placed. The Contractor shall provide fogging equipment and keep the concrete surface moist at all times by fogging with an approved atomizing nozzle until the curing material is in place. The aggregate stockpiles shall be kept moist at all times. (c) Cold Weather Limitations. The mixed concrete temperature shall be between 50 and 90 CIF at the time of placement. Water,aggregates,or both shall be heated when necessary under such control and in sufficient quantities to avoid fluctuations in the temperature of the concrete of more than 10 ❑F from batch to batch. To avoid the possibility of flash set when the water is heated to a temperature in excess of 100 ❑F, the water and the aggregates shall be charged into the mixer before the cement is added.Heating equipment or methods which alter or prevent the entrainment of the required amount of air in the concrete shall not be used. The equipment shall be capable of heating the materials uniformly. Aggregates and water used for mixing shall not be heated to a temperature exceeding 150 ❑F. Materials containing frost or lumps of frozen material shall not be used. Concrete shall not be placed on frozen ground. Before concrete placement, all ice, snow, and frost shall be completely removed from within formwork. (d)Chutes and Troughs.Concrete shall be placed so as to avoid segregation of the materials and the displacement of the reinforcement. Concrete shall not be dropped more than 5 feet, unless confined by closed chutes or pipes. Care shall be taken to fill each part of the form by depositing the concrete as near final position as possible. The coarse aggregate shall be worked back from the forms and worked around the reinforcement without displacing the bars. After initial set of the concrete,the forms shall not be jarred and strain shall not be placed on the ends of projecting reinforcement. Where steep slopes are required, the chutes shall be equipped with baffle boards or be in short lengths that reverse the direction of movement. Concrete shall not be pumped through aluminum alloy pipe. All chutes,troughs and pipes shall be kept clean and free from coatings of hardened concrete. (e) Vibrating. Unless otherwise directed, the concrete shall be consolidated with suitable mechanical vibrators operating within the concrete. When required,vibrating shall be supplemented by hand spading with suitable tools to assure proper and adequate consolidation.Vibrators shall be of a type and design approved by the Engineer.They shall be capable of frequencies of at least 10,000 vibrations per minute, in air.Vibrators shall be so manipulated as to work the concrete thoroughly around the reinforcement and imbedded fixtures and into corners and angles of the forms. Vibrators shall not be used as a means to cause concrete to flow or run into position in lieu of placing. The vibration at any point shall be of sufficient duration to accomplish consolidation, but shall not be prolonged to the point where segregation occurs. (g) Placement. Concrete shall be placed in horizontal layers not more than 18 inches thick except as hereinafter provided. When less than a complete layer is placed in one operation, it shall be terminated in a vertical bulkhead. Each layer shall be placed and consolidated before the preceding batch has taken initial set.Each layer shall be so consolidated as to avoid the formation of a construction joint with a preceding layer which has not taken initial set. When the placing of concrete is temporarily discontinued, the concrete, after becoming firm enough to retain its form, shall be cleaned of laitance and other objectionable material to a sufficient depth to expose sound concrete. The top surfaces of concrete adjacent to the forms shall be smoothed with a trowel to minimize visible joints upon exposed faces. Work shall not be halted within 18 inches of the top of any face,unless provision has been made for a coping less than 18 inches thick, in which case the construction joint may be made at the underside of the coping. Immediately after the work of placing concrete is halted, all accumulations of mortar splashed upon the reinforcement and surfaces of forms shall be removed before the concrete takes its initial set. Care shall be taken .. • ge City of Aspen-Technical Specifications when cleaning reinforcing steel to prevent damage to or breakage of the concrete-steel bond. 0) Construction Joints. Construction joints shall be made only where located on the plans or shown in the placing schedule,unless otherwise approved.All construction joints shall be cleaned of surface laitance, curing compound, and other foreign materials before fresh concrete is placed against the surface of the joint. Surfaces on which concrete is to be placed shall be thoroughly moistened with water immediately before placing concrete. Where construction joints are allowed on visible surfaces, chamfer strips attached to the forms or other approved methods shall be utilized to provide an even joint appearance. (k) Float Finish on Horizontal Surfaces. All freshly placed concrete on horizontal surfaces shall be given a float finish except as otherwise provided in the plans.A float finish shall be achieved by placing an excess of material in the form and removing or striking off the excess with a template, forcing the coarse aggregate below the mortar surface. Creation of concave surfaces shall be avoided. After the concrete has been struck off, the surface shall be thoroughly worked and floated with a suitable floating tool. Before the finish has set, the surface cement film shall be removed with a fine brush in order to have a fine grained,smooth but sanded texture. (m) Opening to Traffic. Concrete structures shall remain closed to traffic, and shall not carry Contractor's equipment,for 21 days after placement of the concrete is completed.The structure may be opened to traffic earlier if the concrete and all other concrete has attained the Field Compressive Strength given in Table 601-1.The minimum compressive strength shall be determined from test cylinders made and cured at the structure site in accordance with AASHTO T 23 and tested in accordance with AASHTO T 22. 601.13 Curing Concrete Other Than Bridge Decks. When the ambient temperature is below 35 °F the Contractor shall maintain the concrete temperature above 50 °F during the curing period. It shall be the Contractor's responsibility to determine for him the necessity for undertaking protective measures. The minimum curing period shall be determined by one of the following methods. The Engineer shall review for adequacy, the Contractor's determination of the curing period. (1)The minimum curing period shall be 120 hours (2)The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. (3) The minimum curing period shall be from the time the concrete has been placed until the concrete has met a compressive strength of 80 percent of the required field compressive strength. The Contractor shall develop a maturity relationship for the concrete mix design in accordance with ASTM C 1074.Immediately after placing fresh concrete, all concrete shall be cured by one of the following methods. The Engineer shall review for adequacy, the curing method proposed by the Contractor. (a) Water Method. All surfaces other than slabs shall be protected from the sun and the whole structure shall be kept wet throughout the curing period. Surfaces requiring a Class 2 finish may have the covering temporarily removed for finishing,but the covering must be restored as soon as possible.All concrete slabs shall be covered as soon as possible with suitable material so that concrete is kept thoroughly wet for at least five days.The concrete surface shall be kept moist at all times by fogging with an atomizing nozzle until the covering is placed. (b)Membrane Forming Curing Compound Method. Curing compound may be applied only to those surfaces,which are to receive a Class I or Class 4 final finish. A volatile organic content (VOC) compliant curing compound conforming to AASHTO M 148, Type 2 shall be used on surfaces where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete,or when directed by the Engineer. Curing compound shall not be used on construction joints. The rate of application of curing compound will be in accordance with the manufacturer's recommendation, but shall not be more than 300 square feet per gallon. All concrete cured by this method shall receive two applications of the curing compound. The first coat shall be applied immediately after stripping of forms and acceptance of the concrete finish.If the surface is dry,the concrete shall be thoroughly wet with water and the curing compound applied just as the surface film of water disappears.The second application shall be applied after the first application has set. During curing operations, all unsprayed surfaces shall be kept wet with water. The coating shall be protected against marring for a period of at least ten days after do Page 28 City of Aspen-Technical Specifications application.Coating marred,or otherwise disturbed,shall be given an additional coating. Should the surface coating be subjected continuously to injury,the Engineer may require that water curing,as described in subsection 601.13(a) be applied at once. When using a curing compound,the compound shall be thoroughly mixed within an hour before use. If the use of a curing compound results in a streaked or blotchy appearance, its use shall be discontinued.Water curing, as described in subsection 601.13 (a), shall then be applied until the cause of the defective appearance is corrected. (c) Form Method. Concrete shall be protected by forms during the curing period. Forms shall be kept moist, when necessary,during the curing period to insure the concrete surface remains wet. (d) Blanket Method. Electrically heated curing blankets or insulation blankets may be used in cold weather to maintain specified curing temperature and to retain moisture in concrete. Blankets shall be lapped at least 8 inches and shall be free of holes.Blankets shall be secured at laps and edges to prevent moisture from escaping. 601.17 Acceptance and Pay Factors.These provisions apply to all concrete. (a)Air Content. At any time during the placement of the concrete, when a batch deviates from the minimum or maximum percent of total air content specified,the following procedure will be used to analyze the acceptability of the concrete. 1. A batch that deviates from the specified air content by more than one percent and all Class D concrete placed in bridge decks with air content exceeding eight percent will be rejected.Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to acceptance at reduced price,no payment,or removal as determined by the Engineer. (b)Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. During the placement of the concrete, when a batch exceeds the maximum slump specified, the following procedure shall be used to analyze the acceptability of the concrete. 1. A batch that exceeds the maximum slump specified by more than 1 inch will be rejected. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to acceptance at reduced price,no payment,or removal as determined by the Engineer. (c) Strength (When Specified). The concrete will be considered acceptable when the running average of three consecutive strength tests is equal to or greater than the specified strength and no single test falls below the specified strength by more than 500 psi. A test is defined as the average strength of three test cylinders cast in plastic molds from a single sample of concrete and cured under standard laboratory conditions prior to testing. If the compressive strength of any one test cylinder differs from the average by more than 10 percent that compressive strength will be deleted and the average strength will be determined using the compressive strength of the remaining two test cylinders. When the average of three consecutive strength tests is below the specified strength, the individual low tests will be used to determine the pay factor in accordance with Table 601-3. If less than three strength tests are available the individual low tests, if any, will be used to determine the pay factor in accordance with Table 601-3. The pay factor will be applied to the quantity of concrete represented by the individual low test.For concrete having a specified strength of less than 4500 psi,when the compressive strength test is below the specified strength by more than 500 psi,the concrete represented will be rejected.For concrete having specified strength of 4500 psi or greater, when the compressive strength test is below the specified strength by more than 500 psi but not more than 1000 psi, the concrete represented will be evaluated by the Department for removal, corrective action, or acceptance at a reduced price.All costs of the evaluation shall be at the Contractor's expense. When the compressive strength test is below the specified strength by more than 1000 psi,the concrete represented will be rejected. 601.18 Unless otherwise stated in the plans or specifications,tolerances for concrete construction and materials shall be in accordance with ACI 117. METHOD OF MEASUREMENT 601.19 Concrete will be measured by the cubic yard in accordance with the dimensions shown on the plans. Plan quantities reflect deductions for all voids designed into the structure except, deductions will not be made for the volume occupied by pipes or conduits less than 3 inches in diameter,ducts for pre-stressing steel,reinforcing steel, anchors,weep holes,piling,and form liner textures and nominal chamfers. TS1-971.doc City of Aspen-Technical Specifications BASIS OF PAYMENT 601.20 The accepted quantities will be paid for at the contract unit price per unit of measurement for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Reinforced Concrete,Class D(Misc)(8"max depth) Square Yard Concrete,Class D(Misc)(8"max depth) Square Yard Payment will be full compensation for all work necessary to complete the designated Pay Item in accordance with subsection 109.02. Payment for structural concrete coating will be full compensation for all work and materials necessary to complete the item and shall include,but is not limited to: (1)Water based form release agent. (2)Sample preparation. (3)Abrasive blasting. (4)Patching materials and application. (5)Structural Concrete Coating and application. (6)Reinforcing Steel When requested by the Engineer,the Contractor shall provide the Engineer with a certified invoice from the coating supplier indicating the total volume of Structural Concrete Coating supplied to the project. TS1-971.doc TS1 Page 30 City of Aspen-Technical Specifications SECTION 608 SIDEWALKS AND BIKEWAYS DESCRIPTION 608.01 This work consists of the construction of bituminous or concrete sidewalks, bikeways, and curb ramps in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. MATERIALS 608.02 Materials shall meet the requirements specified in the following subsections: Joint Fillers 705.01. Bed Course Material 703.07 Concrete for sidewalks,bikeways,and curb ramps shall be Class B,and meet the requirements of Section 601. Bituminous material for sidewalks,bikeways,and curb ramps shall meet the requirements of Section 403. Concrete and bituminous mixes will be subject to inspection and tests as required to assure compliance with quality requirements. CONSTRUCTION REQUIREMENTS 608.03 Concrete Sidewalks and Bikeways. (a) Excavation. Excavation shall be made to the required depth and to a width that will permit the installation and bracing of the forms. The foundation shall be shaped and compacted to a firm even surface conforming to the section shown on the plans or as staked. When the Engineer determines that material is non-compactable, the material shall be removed and replaced in accordance with subsection 206.03. (b) Forms. Forms shall be of wood, metal, or other suitable material, and shall extend for the full depth of the concrete. All forms shall be straight, free from warp and of sufficient strength to resist the pressure of the concrete without springing. Bracing and staking of forms shall be such that the forms remain in both horizontal and vertical alignment until their removal.A satisfactory slip form method may be used. (c) Placing Concrete. The foundation shall be thoroughly moistened immediately prior to the placing of the concrete.The proportioning,mixing and placing of the concrete shall be in accordance with the requirements for the class of concrete specified. (d)Finishing. The surface shall be floated with a wooden or magnesium float and given a transverse broom finish. Plastering of the surface will not be permitted. All outside edges of the slab and all joints shall be edged with a '/4 inch radius edging tool. (e) Joints. Expansion joints, at intervals of not more than 500 feet, shall be filled with '/� inch thick full depth, preformed expansion joint filler.The sidewalk or bikeway shall be divided into sections by dummy joints formed by a jointing tool or other acceptable means as directed. These dummy joints shall extend into the concrete for at least '/4 of the depth and shall be approximately 1/8 inch wide. Dummy joints shall be spaced at intervals approximately equal to the width of the sidewalk or bikeway. Construction joints shall be formed around all appurtenances such as manholes, utility poles,etc., extending into and through the sidewalk. Preformed expansion joint filler 1/'.inch thick shall be installed in these joints. Expansion joint filler '/z inch thick or the thickness indicated shall be installed between new concrete and any fixed structure such as a building or bridge. This expansion joint material shall extend for the full depth of the contact surface. (f) Curing. Immediately upon completion of the finishing, sidewalks and bikeways shall be moistened and kept moist for three days, or they shall be cured by the use of membrane forming curing compound. The method and details of curing shall be subject to the approval of the Engineer.During the curing period all traffic,both pedestrian and vehicular, shall be excluded. Vehicular traffic shall be excluded for such additional time as the Engineer may direct. TS1-971.doc TS1 Page CitV of .' Specifications METHOD OF MEASUREMENT 608.05 Concrete sidewalks,bikeways,and curb ramps will be measured by the square yard of finished surface. BASIS OF PAYMENT 608.06 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Concrete Sidewalk(4") Square Yard Concrete Curb Ramp w/detectable warning Each All work necessary and incidental to the construction of sidewalks,bikeways,and curb ramps will not be measured and paid for separately but shall be included in the work. TSI-971.doc TS1 Page City of Aspen-Technical Specifications SECTION 609 CURB AND GUTTER DESCRIPTION 609.01 This work consists of the construction of curb, gutter or combination curb and gutter in accordance with these specifications and in conformity with the lines and grades shown on the plans or established. The types of curb are designated as follows: Type 2 Cast-in-Place Concrete Curb Type 4 Dowelled Concrete Curb Type 6 Sloping Curb The section will be as shown on the City of Aspen Construction and Excavation Standards for Work in the Right of Way. MATERIALS 609.02 Except as provided below the materials used shall meet the requirements of the following subsections: Bed Course Material 703.07 Joint Filler 705.01 Reinforcing Steel 709.01 Concrete for curb shall be Class B,and meet the requirements of Section 601,except that when curb machines are used,a lesser slump will be permitted.Concrete mixes will be subject to inspection and tests for compliance with quality requirements. CONSTRUCTION REQUIREMENTS 609.03 Cast-in-Place Concrete Curb. (a)Excavation. Excavation and bedding shall conform to the requirements of subsection 608.03 (a). (b)Forms. Forms shall be of wood or metal, straight, free from warp and of such construction that there will be no interference to the inspection of grade or alignment. All forms shall extend for the entire depth of the curb and shall be braced and secured sufficiently so that no deflection from alignment or grade will occur during the placing of the concrete. (c)Mixing and Placing. Concrete shall be proportioned, mixed and placed in accordance with the requirements for the class of concrete specified.Compaction of concrete curb,gutters or combination curb and gutter,placed in forms shall have thorough consolidation which shall be achieved by tamping and spading, vibrating or other acceptable methods. Forms shall be left in place until the concrete has set sufficiently so that they can be removed without injury to the curb. Upon removal of the forms, the exposed curb face shall be immediately finished to a uniform surface. For the purpose of matching adjacent concrete finishes or for other reasons, the Engineer shall approve methods of finishing.Plastering will not be permitted. (d) Sections. Curb shall be constructed in sections having a uniform length of 10 feet, unless otherwise ordered. Sections shall be separated by open joints 1/8 inch wide except at expansion joints. (e) Expansion Joints. Expansion joints shall be formed at the intervals specified by the engineer using a Y2 inch preformed expansion joint filler.When the curb is constructed adjacent to or on concrete pavement,expansion joints shall be located opposite the expansion joints in the pavement. Expansion joints shall be installed between concrete curb and any fixed structure or bridge.Expansion joint material shall extend the full depth of contact surface. (f)Curing.Immediately upon completion of the finishing,the curb shall be moistened and kept moist for three days, or the curb shall be cured by the use of membrane forming curing compound.The method and details of curing shall be subject to the approval of the Engineer. (g) Backfilling. After the concrete has set sufficiently, the spaces in back of the curb shall be backfilled to the TS1-971.doc TS1 Page City of Aspen-Technical Specifications required elevation with suitable material which shall be thoroughly tamped. (h) Curb Machine. With the approval of the Engineer, the curb may be constructed by the use of a curb forming machine. (i) Surface Tolerance. The Engineer may determine that the exposed surfaces of the concrete curb, gutters, or combination curb and gutter shall be tested with a 10 foot straightedge laid along the exposed surface in a longitudinal direction. The Contractor shall furnish an approved 10 foot straightedge and provide an operator to aid the Engineer in testing the exposed surfaces.All surfaces shall be measured in a longitudinal direction.Deviation of any exposed surface in excess of that specified shall be corrected at the Contractor's expense. Longitudinal surface tolerances for the top and face are: (1)On tangent roadway alignments and curves with radius greater than 1000 feet: 0.25 inch from the edge of the straightedge. (2)On sharp vertical curves and horizontal curves with radius of 1000 feet or less:0.25 inch from the edge of the straight edge with allowance made for curve deflection. METHOD OF MEASUREMENT 609.06 Curb will be measured by linear foot along the front face of the section at the finished grade elevation.Gutter will be measured along centerline of the gutter. Curb and gutter will be measured along the face of the curb. Deduction in length will be made for drainage structures,such as catch basins,drop inlets,etc.,installed in the curb, gutter,or curb and gutter. BASIS OF PAYMENT 609.07 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule,including dowels and expansion joint material. Payment will be made under: Pay Item Pay Unit Curb and Gutter,Type 2(Section II-B) Linear Foot Curb and Gutter,Type 2(Section II-M) Linear Foot Fog coat and tack coat for Curb and Gutter will not be measured and paid for separately but shall be included in the work. • .. Page 34 City of Aspen-Technical Specifications SECTION 626 MOBILIZATION DESCRIPTION 626.01 This work consists of the mobilization of personnel,equipment and supplies at the project site in preparation for work on the project. This item shall also include the establishment of the Contractor's offices, buildings and other necessary facilities, and all other costs incurred or labor and operations which must be performed prior to beginning the other items under the Contract. BASIS OF PAYMENT 626.02 Partial payments for mobilization will be made once each month as the work progresses. These partial payments will be made as follows: (1) When 5 percent of the original contract amount is earned, 25 percent of the amount bid for mobilization, or 2`/z percent of the original contract amount,whichever is lesser,will be paid. (2) When 10 percent of the original contract amount is earned, 50 percent of the amount bid for mobilization,or 5 percent of the original contract amount,whichever is lesser,will be paid. (3) When 25 percent of the original contract amount is earned, 60 percent of the amount bid for mobilization,or 6 percent of the original contract amount,whichever is lesser,will be paid. (4) When 50 percent of the original contract amount is earned, 100 percent of the amount bid for mobilization,or 10 percent of the original contract amount,whichever is lesser,will be paid. (5) Upon completion of all work on the project, payment on any amount bid for mobilization in excess of 10 percent of the original contract amount will be paid. (6) The total sum of all payments shall not exceed the original contract amount bid for the item,regardless of the fact that the Contractor may have, for any reason, shut down the work on the project or moved equipment away from the project and then back again. For the purpose of this Section the term "original contract amount"as used above shall mean the amount bid for the construction items in the Contract not including the amount bid for mobilization.Payments for materials on hand,as described in subsection 109.07, will not be included as a percent of original contract amount earned until said materials on hand have been incorporated into the work and accepted and paid for as contract items. These payments shall be independent of partial payments as defined in subsection 109.06. Payment will be full compensation for all work necessary to complete the item. Payment will be made under: Pay Item Pay Unit Mobilization Lump Sum Nothing herein shall be construed to limit or preclude partial payments for other items as provided for by the Contract. TS1-971.doc TS1 Page 35 City of Aspen Qualification Statement Project No.: 2013-043 -2013 Concrete Replacement and Pedestrian Improvement Project 1. Firm Name, Business Address, Contact Person & Telephone Number: 2. Year Present Firm 3. Date This Form Established: Prepared: 4. Type of Ownership: A. Small Business B. Minority Owned C. Women Owned 5. Names of not more than two principals to contact: Title/Telephone: a) b) 6. Project Examples, Last 5 Years: Project Name, Location & Brief Description: Owner's Name, Address & Telephone: Cost of Work Date (X $1,000) Completed 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Project Name, Location & Brief Description: Owner's Name, Address & Telephone: Cost of Work Date (X $1,000) Completed 11. I I II 12. 13. 14. 15. 16. 17. 18. 19. 7. Bank Refernces, Contact Person, Telephone Number: a) b) c) 8. Trade References (material suppliers, subcontractors, etc.), Contact Person and Telephone Number: a) b) c) 9. Name of Bonding Company and Insurance Company, Agent's Name. Describe current liability insurance coverage: I hereby certify that the above Qualification Statement is accurate and true. I hereby authorize the City of Aspen to contact any and all of the persons/firms listed above to obtain further information regarding the qualifications of my firm. Signature Title QS1-971.doc *QSl BID PROPOSAL FORM PROJECT NO. :2013-041 BID DATE: 3/19/2013 PROJECT: 2013 Concrete Replacement and Pedestrian hnprovement Project PROPOSAL SUBMITTED BY: EXCAVATION SERVICES INC. CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen,Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith,without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive Calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Engineering Department,which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City,to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials,equipment and tools,and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages,anticipated profit,or otherwise on account of any differences between the amount of work actually performed and materials actually furnished and the estimated amount of work. BP1-971.doc •BP1 Page 1 TB Contractor's Initials The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five(25)Percent of the total bid. By signing this document,Contractor certifies and represents that at this time: (i)Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States;and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s)numbered 1 through 1 ESTIMATED QUANTITY LIST Spec. Description UNIT QUANTITY UNIT PRICE Section 106 Materials testing LS 1 $ 12,000.00 $ 12,000.00 202 Grinding concrete LF 100 $ 15.00 $ 1,500.00 202 Removal of concrete(Misc.8"depth max) SY 250 $ 30.00 $ 7,500.00 202 Removal of Curb&Gutter LF 3400 $ 13.00 $ 44,200.00 202 Removal of asphalt mat(Roadway) SY 500 $ 15.00 $ 7,500.00 202 Removal of asphalt mat(Driveway) SY 35 $ 15.00 $ 525.00 203 Unclassified Excavation CY 10 $ 50.00 $ 500.00 208 Erosion control LS 1 $ 6,500.00 $ 6,500.00 210 Reset structure(Light Post) EA 4 $ 1,000.00 $ 4,000.00 210 Reset structure(Inlet) EA 5 $ 1,000.00 $ 5,000.00 210 Reset structure(Snowmelt materials) SF 100 $ 15.00 $ -1,500.00 210 Reset structure(Ground sign) EA 4 $ 200.00 $ 800.00 304 ABC(3/4"Crushed screened rock) CY 110 $ 65.00 $ 7,150.00 304 Aggregate base course(Class 6) CY 10 $ 65.00 $ 650.00 403 HMA(Grade S3)(Roadway) SY 500 $ 60.00 $ 30,000.00 I 403 HMA(Grade S3)(Driveway) SY 30 $ 60.00 $ 1,800.00 601 Concrete Class D(Misc)(8"max depth) SY 40 $ 95.00 $ 3,800.00 601 Reinforced Concrete Class D(Misc)(8"max dept] SY 20 $ 97.50 $ 1,950.00 608 Concrete sidewalk(4") SY 30 $ 73.50 $ 2,205.00 608 Concrete curb ramp w/detectable warning EA 20 $ 1,650.00 $ 33,000.00 609 Curb&Gutter Type 2(Sectionl l-B) LF 3010 $ 28.50 $ 85,785.00 609 Curb&Gutter Type 2(Sectionl l-M) LF 400 $ 28.50 $ 11,400.00 626 Mobilization LS 1 $ 35,000.00 $ 35,000.00 713 Construction zone traffic control LS 1 $ 15,000.00 $ 15,000.00 TOTAL BID IN NUMBERS: $ 319,265.00 Total Bid in Words: THREE HUNDRED NINETEEN THOUSAND TWO HUNDRED SIXTEY FIVE AND ZERO CENT I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has be( reserved by the owner. Authorized Officer: B , Title: President Full name signature: Company address: PO Box 1 59 Carbondale Co 81623 Telephone number: 970-963-8355 Fax number: 970-963-4336 Attested by: Subcontractor &Material Supplier List Name:TJ Concrete 379-6300 Addre:Carbondale CO Service or Product:Concrete Name:Al Traffic control 876-0738 Address:Silt Co Service or Product:Flaggers Name:LaFarge 3794319 Address:Carbondale CO Service or Product.Concrete supply 1 l I BID BOND KNOW ALL PERSONS BY THESE PRESENTS,ThatWe,the undersigned, Excavation Services,Inc- of P.O.Box 11§9. Carbondale CO 81623 as Principal,herretnafttr referred to as"prindpal",and Washington International Insurance Company a corporation organized under the laws of the$tale of New Hampshire ,and quail fled to transact business in the State of Colorado,as"Surety"are held and firmly bound unto the City of Aspens;Colorado,ea obilgee,herelnefter referred to as%*,"In the penal sum of- Five Percent l5%)of Total Amount Bid Dollars(S 5% 1,lawful money of the Untied States of America,for the Payment of which sum, well and truly to be made to the City,we bind ourselves,.arid our halts,executors;administrators,successors,and assignees, jointly and severally,by these presents: 2013 Concrete Replacement and Pedestrian WHEREAS,said,Ptinolpal has submitted a bid foroonstruetlon of Jtttl2Covem LP_cQjast NOW THEREFORE, If the City shall accept the bid of the Pdnolpai and the Principal shall enter into a Contract for Construction with the City Inacco once With the terms of such Bid,and given such bond or bonds as may be specified In the Bid Package or Conbact Documents with good and suf dertt surety for the lbithful performance of such contract and for the prompt payment of labor and material furnished In the prosecution thersof;or In the event of the faliure of the Pdndpal to enter such Contract for Constructon-and give such band or bonds.If the Principal shall pay to the City the difference not to exceed the penalty hereof between the amount specified In said bld.and such larger amount for which the Principal rnay In good faith contract With another party to perform the work covered by said Bid,then this shall be null and void,otherwise to remain In full force and effect In law, SIGNED AND SEALED this 19 day of March J 2013 PRINCIPAL: Excav n Servi s, Inc. } By: ._..,_ � _ Attest: Title: SURETY, Washington International Insurance Company (seal) By:_ _ Attest: Ashley K. derson Title:_Allorney= ._.�. (Accompany this bond with t:ertlied copy of General Power of Attorney from the Surety Company to include the date of the bond.) B131.971.doc •861 AFFIDAVIT OF COMPLIANCE PROJECT NUMBER:2013-043 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: Corporate Seal Contractor By: OE STATE OF COLORADO ) SS. COUNTY ) Before me a notary public and for G&r- 1 e.w County,Colorado personally appeared S y known to me personally to be the person(s)whose signature(s)in my presence this day of MOXC-k ,A.D.20_13. My commission expires: --I/ ao►3 ----�~--- (Seal) �H"�'"` Notary Public 1 eusr •. O R Puso • G :t� .all Q. ACl-971.doo ' *AC1 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$1,000.00 per day. This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: Corporate Seal k9'h :!;RO 11LC,.rj Contractor By: STATE OF COLORADO ) SS. COUNTY ) Before me a notary public and for -Y County,Colorado personally appeared ��1�JIALS}�/r known to me personally to be the person(s)whose signature(s)in my presence this J 1"s" day of A.D.-20143 My commission expires: dL3' D i 3 (Seal) zu S r , Notary Public D•O y� PIRY° M o • b0y LH-971.dnc. � �g *LD1 tp ° 1'° Y"�e A d' `Y• Y •/ya, NO F 00v)&%,' AdAAllSS1 111!11\�0 THE Cry of ASPEN NOTICE OF INTENT TO AWARD Check only one category: ❑ Hand delivered today ® Emailed Date: 03/20/13 PROJECT No.2013-041 RE: Project Name as Advertised Dear Mr. Troy Buster, This notice of award is 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 Dollars ($319,265.00), 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 are 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 calendar days of the hand delivery or fax transmission of this notice: 1. You must deliver three copies of the executed Contract Documents. 2. You must deliver Performance, Payment, and Maintenance bonds on the City forms. ! 3. You must deliver proof of insurance coverage, with the City of Aspen named as co-insured, as specified in Contract Documents and proof of Workman's Compensation coverage. 4. You must obtain a license to do business within the City of Aspen. Contact the Finance department for more information. Failure to comply with these conditions within the specified time will entitle the City of Aspen to consider your bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within seven (7) days after you comply with these conditions or following the City Council approval, whichever occurs last, the City of Aspen will return to you one fully signed counterpart of the contract,together with a"Notice to Proceed". Thank you for your bid and congratulations on being the successful bidder for this project. Sincerely, By: %� NA1-971.doo NA1 The City of Aspen CONTRACT FOR CONSTRUCTION CinflitorneysCffice THIS AGREEMENT, made and entered into on , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Excavation Services, 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: 2013 Concrete Replacement and Pedestrian Improvement Project, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in-the Contract Documents. - - - - 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar 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 Three Hundred Nineteen Thousand Two Hundred Sixty Five ($ 319,265.00) 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 CC1-971.doc Page 1 "cc1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 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 parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. cc1-971.doc Page 2 "cc1 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. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: / CITY OF ASPEN, COLORADO G By: Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: City Engineering Department >--16ty Attorney ATTESTED BY: CONTRACTOR: By: Title: -� 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. CC1-971.doc Page 3 `*CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Lloy-a do ) � COUNTY OF ) SS.G ���e lc� ) On this y'ct day of `�1can-c�h.. , 20 before me appeared �uskc V , to me personally known, who, being by me first duly sworn, did say that s/he is of t=xc av&+t d"\ I VI C and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Public 3.a rti,4yv, 0� F 1(a o 1 Address My commission expires: "811STe gym. -( PR ; \�4O .U' Num ..�'` •O M-971.doc Page 4 **cc1 Certification and Supplemental Conditions to Contract for Services - Conformance with 0-17.5.101, et seg. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 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, regardless of what the agreement may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. "Services"means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, 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: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five(5) days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three(3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. 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), CKS• - 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8- 17.5-102, C.R.S. Public Contract for Services: Contractor: By: Title: JPW-saved:3/1/2013-867-M:\city\cityatty\contract\forms\certification-hb-06-1343.doe r a:��. � � a 11�t� f f}Ul• �,j �i alla R�4� , • � � iii • 11'°w�� �� a, VA b Concrete Replacement and Pedestrian Improvement Project I Curb&Gutter to be Replaced Note Replac ment areas identified,represent a larger quantity than the 3,410 :ILF�/-that will be replaced per the contract. CoA Engineering Department will 02/28/13 Nor ON DRAWING NOT TO SCALE az- k'%Zr ft'% MW A Ab h 0I.M.No. +1 trrj r� �►.. � �, !���`. �'•f�: ..� ,. ".;f �,r/���rs�f� " �j•w.�•L/4.'j�11 �.. r•, ��i!!II 'La, ,, �, I� +� 11;�j!::, �II'�/!�r �f��,1/' ��� ����;ff' ' ,�' ����1' ♦- ©i�Ilx �lf�' �,�A .f ee ���� ' ,��,,� �►.�;. ��� �,.�,� v :�III,r� III©'��„�� ' � F -- - NOTICE TO PROCEED �1O CityoYAsp�r Check only one category: ❑ Hand delivered today ❑ Emailed Date: PROJECT No.2013-043 RE: 2013 Concrete Replacement and Pedestrian improvement Project Dear Mr. Enclosed please find an executed copy of the Contract Documents for the above referenced project. You are hereby informed to attend a mandatory Pre-construction Conference and you are authorized to commence construction thereafter as set forth in the Contract Documents. The Commencement Date of the contract performance time is the date fixed for the Pre-construction Conference. The date for the Pre-construction Conference will be set by or his designated representative. If you have any questions concerning this project please do not hesitate to call the Parks Department. Again, thank you for your bid and you continued interest in this project. Sincerely, CITY OF ASPEN By: Title cc: City Manager City Attorney Finance Department NA1-971.doc NA1 Daily Construction Log 130 South Galena Street, Aspen, Colorado 81611 PROJECT# BID # PROJECT TITLE: PROJECT LOCATION: DATE: PAGE OF WEATHER: TRAFFIC CONDITIONS: WORKING DAYS USED WORKING DAYS LEFT CONTRACTOR : SUPERINTENDENT: INSPECTOR: BID ITEM DESCRIPTION CONTRACT TODAY'S TOTAL QUANTITY QUANTITY TO DATE SUMMARY OF TODAY'S WORK AND COMMENTS: CONTRACTOR: CITY INSPECTOR: DATE: ENG-304 DCL1 CHANGE ORDER City of Aspen Engineering Department No. PROJECT: DATE OF ISSUANCE: OWNER: City of Aspen CONTRACTOR: OWNER'S Project No. ENGINEER: ENGINEER'S Project No. You are directed to make the following changes in the Contract Documents. Description: Purpose of Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price:$0.00 Original Contract Time: days or date Previous Change Order No Net Change from previous to No. Change Orders days Contract Price prior to Contract Time prior to this Change Order this Change Order days or date Net Increase(decrease) Net Increase(decrease) of this Change Order of this Change Order days Contract Price with all Contract Time with all approved Change Orders approved Change Orders days or date RECOMMENDED: APPROVED: APPROVED: by: by: by: Engineer Owner Contractor ENG-309 C01 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 Conntractor By: STATE OF COLORADO ) SS. COUNTY ) 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. 199_ . My commission expires: (Seal) Notary Public CRl 971.DOC '"CR2 THE CITI'OF ASPEN PROJECT CLOSURE FORM 130 S.Galena Street Aspen,Colorado 81611 AD VERTISEMENT AND FINAL ACCEPTANCE Date: Contact Person Company Address City, State Zip Re: Project Title City Project#: , Bid#: You are hereby notified that the following advertisement for Final Payment appeared in a local newspaper dated "After thirty(30)consecutive calendar 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 furnished 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 forwarded in the amount of ($_). Acceptance of which the Contractor thereby warrants that all persons doing work upon or furnishing materials for work under this Agreement have been paid in full. Failure to sign, approve and return one copy of this form, or to protest, within ten (10) consecutive calendar 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 final amount of the Contract was paid and that the terms and conditions set forth above and in the Contract Documents relating to final payment are understood and accepted. Contractor CLOSUREI.doe —CR2 I C 7-Y E?-A9 n,% PROJECT CLOSURE NOTIFICATION Put project name here exactly as it was advertised in the ITB "After thirty (30) consecutive calendar days from the date of second publication (insert date), for project closure and release of retainage, the City of Aspen will pay to, Contractor, the full retainage on the project. All persons having claims for labor, rentals, services, or materials furnished 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."