HomeMy WebLinkAboutresolution.council.077-13 RESOLUTION #77
(Series of 2013) THE CITY OF ASPEN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND PCL CONSTRUCTION SERVICES INC. AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for the
construction of the City of Aspen Data Center, between the City of Aspen and
PCL Construction Services Inc., a true and accurate copy of which is attached
hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for the City of Aspen Data Center, between the City of Aspen and PCL
Construction Services Inc., a copy of which is annexed hereto and incorporated
herein, and does hereby authorize the City Manager to execute said agreement on
behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12th day of August 2013.
Steven Skadron, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, August 12, 2013.
i
Kath S. Ko , City Clerk
Page 3 of 2
The Oft of Aspen
CONTRACT FOR CONSTRUCTION CitvAwrneviOffice
THIS AGREEMENT, made and entered into on August 12, 2013, by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and PCL CONSTRUCTION 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: 2012-121 CITY OF ASPEN DATA CENTER,
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 FORTY
THREE THOUSAND FOUR HUNDRED NINETEEN ($343.419.00) 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.
15. If upon final completion of the Work, the actual Cost of the Work, including amounts paid
for the Contractor's Fee and entire lump sum for the General Requirements and amounts
disbursed from the Contractor's Contingency is less than the Guaranteed Maximum
Price, the difference shall be referred to as "Savings". Savings shall be allocated 35% to
Contractor and 65% to Owner. Contractor shall be responsible for, and shall not seek
reimbursement from Owner with respect to, the amount by which the sum of the Cost of
Work, including amounts paid for the Contractor's Fee, General Requirements and
amounts disbursed from the contingency exceeds the Guaranteed Maximum Price. The
savings shall be payable within sixty (60) days of Substantial Completion."
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction
on the date first above written.
ATT TED BY: CITY OF E , COLORADO
' 06 go
By. .
Title:
APPROVED AS TO FORM:
�G* Attorney
ATTESTED BY: CONTRACTOR:
Irtc,►�Sdb��
Title: �.
g �Tr'eaSulf�t.1/
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
(t- -�LJOLCIO(To be completed if Contractor is a Corporation)
STATE OF
COUNTY OF -aO Ue-C ) SS.
On this of 20 i3 , before me appeared
to me personally known, who,
being me first duly sworn, did say that s/he is a J' �C" of
<< [M I�� 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.
KELLY R GEORGE
No"FWft
fto of Cobrodo Notary Public
Notary ID 20134015398
[—a -
NOa Mar 8.2017
Address
My commission expires: 0 i j
CC1-971.doc Page 4 "CC1
ADDENDUM TO CONTRACT FOR CONSTRUCTION
THIS ADDENDUM to the Contract for Construction by and between the City of Aspen
(hereinafter the "City") and PLC Construction Services Inc. (hereinafter the "Contractor")
amends the Contract for Construction(hereinafter the"Contract") as follows:
1. The parties agree that the City, at its sole discretion, may proceed with the construction
identified in the Contact in two separate phases.
2. Phase I would consist of work on items #1 thru 412 in the Phase 1—2013 Summary of Work
(attached) and GMP for work in 2013 (identified as Exhibit A).
3. Phase II would consist of work on items 41 thru#8 identified in the Phase 11-2014
Summary of Work(attached) and GMP for work in 2014 (identified as Exhibit B).
4. If the work is approved and commences on Phase I in the year 2013, Phase II, may be
commenced and completed in the year 2014 at the discretion of the City. Completion of Phase II
in 2014 shall be contingent upon the appropriation by City Council within the 2014 budget of
such funding as is necessary for the completion of this Phase II and the agreement of Contractor.
Contractor reserves the right to negotiate an amendment to the price of such Phase II, if Phase II
is delayed beyond August 1, 2014. If Phase II is delayed beyond August 1, 2014 and the project
does not receive the appropriate budgetary approval of the City or if the parties cannot reach a
mutual agreement regarding the costs of Phase II, then the contract shall be terminated with
regard to Phase II.
5. Except as set forth in this addendum all other terms of the Contract shall remain in full force
and effect.
CITY OF ASPEN CONTRACTOR
By: i"—' .L .�
By. VJ1.• 1IO-w�al
Title: Title:
•� G�G rU I TV��GtStJ�fGr'
Certification and Supplemental Conditions to Contract for Services
Conformance with 0-17.5.101, et seg.
Pu ose. 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), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S.the City of Aspen may terminate the Public Contract for
Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and
consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-
17.5-102, C.R.S.
Public Contract for Services: 2012-121 Data Center Project
Contractor: ?CA, ('�,n ', �:,y,,� SeX ,iV �.
By: 'Trt 001z5
Title: N&
JPW-saved:7/30/2013-867-M:\city\cityatty\contract\forms\certification-hb-06-1343.doc
EXHIBIT A CONTRACT FOR CONSTRUCTION
CITY OF ASPEN DATA CENTER
SUMMARY OF WORK
ne-..,31, 2013
Revised July 29, 2013
As requested by the owner,the scope of work is to be phased in such a fashion that
approximately 75%of the work—and associated cost—is performed during the calendar year
2013. The balance of the work and cost would be completed in 2014. Below is a breakout of
the proposed phasing of this work.
Phase I-2013
1. Landscaping—tree removal
2. All Earthwork and backfill
3. Concrete
4. Patching pavement at transformer
5. Trench Drain
6. Demolition-CMU shaft,framed wall, housekeeping pad on top of vault
7. Structural Steel
8. Waterproofing,deck coating, injection of concrete lid and rubble walls
9. Plywood, FRP wall covering and access doors
10. Relocate condensing units, new condensate pump and drain line, isolate and drain
water lines in vault, disconnect/reconnect existing server room AC system,startup and
testing
11. Service gear,fire alarm connections,transfer switches,transformer
12. Site improvements to include new flagstone, permeable pavers,concrete curbs,striping,
EPDM liner and demo/remove/patch asphalt.
13. GC's for 3 month duration
Phase II-2014
1. 6'0" cedar fence and gate
2. (1) new door,frame and hardware
3. Misc painting
4. Shot blast vault floor and apply epoxy BASF SRS system
5. Fire suppression system
6. Gas line feeding generator
7. Generator,feeders from generator to EMT panel, light fixtures,-cable tray and branch
circuits
8. GCs for 2 week duration
r .
Summary of Work I City of Aspen Data Center I July 29, 2013
Proprietary and Confidential EXHIBIT B CONTRACT FOR CONSTRUCTION
�L
Date July 29,2013
Time 1:37:36 PM
BE Number BE130078
Opportunity No SO-SP120120
Owner File No
Estimator Aaron Skeesick
PCL Construction Services, Inc.
Denver Special Proiects Office
Conceptual Estimate Report
Project Aspen Data Center Remodel,Work in 2013
Location Aspen,CO USA
Owner City of Aspen
Designer
Project Start June 28,2013
Project Completion September 27,2013
Based on information presently available and furnished to PCL by the owner,architect and/or others and various assumptions which have been made as to facts
not yet known,this construction cost estimate has been prepared and furnished for the sole purpose of providing approximation of anticipated construction cost.
This construction estimate should not,at this time,be relied upon as a commitment that the contemplated project can or will be constructed for the estimated
cost.
PCL Construction Services, Inc. Summary Page 1 of 1
` ')F Denver Special Proiects Office Jul 29,2013
1:37:36 PM
BE Number BE130078 Conceptual Estimate Summary
Opportunity No SO-SPI20120
Owner File No Aaron Skeesick
Project Aspen Data Center Remodel,Work in 2013 Project Start Jun 28,2013
Location Aspen,CO USA Completion Sep 27,2013
Owner City of Aspen Function Units 810 SF
Designer
Area 810 SF
Based on information presently available and furnished to PCL by the owner,architect and/or others and various assumptions which have been made as to facts not
yet known,this construction cost estimate has been prepared and furnished for the sole purpose of providing approximation of anticipated construction cost. This
construction estimate should not,at this time,be relied upon as a commitment that the contemplated project can or will be constructed for the estimated cost.
Summary Item Description Quantity ! Uom Percent I item Cost I Unit Cost Total Cost
Tot.Cost /BkJg.Area
DIRECT COSTS
SITEWORK/CONCRETE 1 LS 8.89/0 35.91 --- 29,090
0
--------------------------------------------- ------
-
--------------------
LITION 1 LS 2.05% 8.27 6,698
---------------------------------------------- ------
---------
MU METALS ---------------------
------------------------- 1 LS 5.44% 21.98 --- 17,800
---- ----------------- ------
---------
---------------------
WATERPROOFING 1 LS 2.41% 9.72 7,870
------
---------------------
ROUGH CARPENTRY 1 LS 1.61% 6.48 5,252
------
---
PLUMBING/MECHANICAL ------- ---------
------------
1 -- 2.94% 11.88 --- 9,626
-----------------------------------------------
---------
LECTRICAL ---------------------
1 LS 36.55% 147.59 --- 119,550
---------------------------------------------- ------ ______
NDSCAPING&PAVERS 51 679
1 LS 15.80% ---- ---
DIRECT COSTS 75.69% 305.63
--------------- 247,564
GENERAL EXPENSE COSTS
BONDS/INSURANCES 1 LS 2.14/0 8.63 --- 6,989
0
------------------------------------------------ ------
STAFF GENERAL CONDITIONS&OVERHEAD 1 LS 22.17% 89,52
---------------- 72 513
0
---
---------------------------------------------------
--------- ---
-------------
GENERAL EXPENSE COSTS 24.31% 98.15 79,501
TOTAL COST 100.00% 403.78 327,065
FEE 5.00% 20.19 16,353
TOTAL BID 105.00% 423.97 343,419
Pol rdSPCPmpoulMaRer1
N:\District Office\Semices\Special Prgects\Estinnates\2013\6E130078-Aspen Data Center Proprietary and Confidential
: j PCL Construction Services, Inc. Detail Page 1 of 16
]ul 29,2013
Denver SDecial Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078 Aaron Skeesick
Opportunity No SO-SP120120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
SITEWORK/CONCRETE 1 Ls
Summary Item Description Quantity t1oM Percent item cost Unit Cost Total Cost
Tot.Cost ': !Bldg.Area
SITEWORK/CONCRETE LS
LANDSCAPING 1.00 LS
REMOVE TREE 1 EA 0.2446% 0.99 800.00 800
ASPEN TREE SERVICE
LANDSCAPING 1.00 LS 0.24% 0.99 --- 800
EARTHWORK 1.00 LS
EXCAVATION/ BACKFILL 1 EA 4.0756% 16.46 13,330.00 13,330
INCL EXPORT, IMPORT SCREENED ROCK
GOULD CONSTRUCTION
EARTHWORK 1.00 LS 4.08% 16.46 -- 13,330
CONCRETE 1.00 LS
CONCRETE INFILL @ TRENCH DRAIN 55 SF 0.6279% 2.54 37.34 2,054
CONCRETE GENERATOR PAD,4" 58 SF 0.1681% 0.68 9.48 550
CONCRETE GENERATOR PAD CURB,4'x5" 27 LF 0.2293% 0.93 27.78 750
CONCRETE MDP PAD,4" 37 SF 0.0600% 0.24 5.30 196
CONCRETE SLOPED AT EDGE 40 SF 0.2538% 1.02 20.75 830
DUMPSTER LOADS 1 LD 0.2599% 1.05 850.00 850
MESH AT ALL CONCRETE 1.00 EA
S2M CONSTRUCTIONS CO.
CONCRETE 1.00 LS 1.60% 6.46 --- 5,230
PAVEMENT 1.00 LS
SAWCUT PAVEMENT 1 EA 0.1529% 0.62 500.00 500
PATCHING PAVEMENT @ TRANSFORMER 50 SF 0.7644% 3.09 50.00 2,500
PRIMARIES
FRONTIER PAVING
PAVEMENT 1.00 LS 0.92% 3.70 --- 3,000
.1'c6PC1mp 1M-1
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PCL Construction Services, Inc. Detail Page 2 of 16
i ) Jul 29,2013
Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078
Aaron Skeesick
Opportunity No 50-SPI20120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
SITEWORK/CONCRETE 1 LS
Summary Item Description Quantity U0114 Percent Item cost Unit Cost Total Cost
Tot.cost /Bkg.area
TRENCH DRAIN 1.00 LS
TRENCH DRAIN,ZURN Z882-HDS 17 LF 1.7153% 6.93 330.00 5,610
INSTALLATION 8 HR 0.1590% 0.64 65.00 520
TRENCH DRAIN 1,00 LS 1.87% 7.57 --- 6,130
FINAL CLEAN 1.00 LS
FINAL CLEAN 8 HR 0.1834% 0.74 75.00 600
FINAL CLEAN 1.00 LS 0.18% 0.74 --- 600
SITEWORK/CONCRETE_ 1.00 LS 8.89% 35.91 --- 29,090
Po1 r�PCProposalMas[er1
N:\District Office\Services\Special Projects\Estimates\2013\BE130078-Aspen Data Center SITEWORK/CONCRETE 1 LS
PCL Construction Services, Inc. Detail Page 3 of 16
, ! Jul 29,2013
Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078 Aaron Skeesick
Opportunity No SO-SP120120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
DEMOLITION 1 Ls
Percent item Cost
Summary Item Description Quantity UoM Unit Cost. Total Cost
Tot Cost /Bldg.Area
DEMOLITION LS
TESTING 1.00 LS
TESTING LS .00
NO TESTING ANTICIPATED
TESTING 1.00 LS --- % --- --- ---
ABATEMENT 1.00 LS
ASBESTOS REMOVAL N.I.C.
LEAD ABATEMENT N.I.C.
MOLD ABATEMENT N.I.C.
INDUSTRIAL HYGIENIST N.I.C.
ABATEMENT 1.00 LS --- % --- --- ---
DEMOLITION 1.00 LS
DEMO CMU SHAFT&FRAMED WALL 16 HRS 0.4709% 1.90 96.25 1,540
CORE DRILLING/SAWCUT 1 EA 0.5351% 2.16 1,750.00 1,750
x4 CONDUIT
x2 CONDENSING UNITS
x8 UNISTRUT @ ATS AND EMT
CHIP/REMOVE HOUSEKEEPING ON TOP OF 8 HRS 0.2354% 0.95 96.25 770
VAULT LID
DUMPSTER LOADS 2 LD 0.5198% 2.10 850.00 1,700
HAUL ROUTE IS BASEMENT TO DUMSTER AT BACK OF BUILDING
3-KIP TEMPORARY SHORES 3 EA 0.2293% 0.93 250.00 750
MISC EQUIPMENT RENTALS 3 MO 0.0573% 0.23 62.50 188
DEMOLITION 1.00 LS 2.05% 8.27 --- 6,698
DEMOLITION 1.00 LS 2.05% 8.27 --- 6,698
Po1 rdSPCPmposalMasterl
N:\District Office\Services\Special Projects\Estimates\2013\BE130078-Aspen Data Center DEMOLITION 1 LS
PCL Construction Services, Inc. Detail Page 9 of 16
I��• � Jul 29,2013
-- �� Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078
Aaron Skeesick
Opportunity No 50-SP120120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
CMU/METALS 1 LS
Summary Item Description Quantity UoM Percent Item Cost Unit Cost Total Cost
Tot.Cost /Bldg.Area
CMU/METALS LS
CMU INFILL 1.00 LS
NO CMU INFILL 40.00 SF 2 .00
CMU INFILL: 1.00 LS'' --- % --- --- ---
METALS 1.00 LS
STRUCTURAL STEEL 1 LS 5.2895% 21.36 --- 17,300
GROUTING BASE PLATES 1 EA 0.1529% 0.62 500.00 500
W6X15 POST 30.00 LF
12X8X3/8 STL PL W/ 2EA 3/4" DIAX5" WEDGE ANCHORS
BASE PLATE ANCHORED TO FLR W/ 1/2" DIA X 4" WEDGE ANCHORS
W6X15 STL BEAM WHALER 60.00 LF
10X8X1/4" STEEL END PLATES ANCHORED TO WALL
5X3X3X1/4" L ANGLE 48.00 EA
PRIME PAINT
D&E STEEL
METALS 1.00 LS 5.44% 21.98 --- 17,800
CMU/METALS 1,00 LS 5.44% 21.98 -- 17,800
Pnl rrsPCPro .)Mas[er1
N:\District Office\services\Special Projects\Estimates\2013\BE130078-Aspen Data Center CMU/METALS 1 LS
PCL Construction Services, Inc. Detail Page 5 of 16
( ]ul 29,2013
Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078 Aaron Skeesick
Opportunity No SO-SPI20120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
WATERPROOFING 1 LS
*Summary Item Description Quantity t)oM Percent Item Cost Unit Cost `Total Cost
Tot.Cow [Bldg.Area
WATERPROOFING LS
WATERPROOFING 1.00 LS
WATERPROOFING/DECK COATING 1 LS 0.9708% 3.92 --- 3,175
LID WATERPROOFING 313.00 SF
DECK COATING
REMOVAL OF PIPE PROTECTION COVERS
PROPER CLEANING OF SUBSTRATE (SHOTBLASTING)
INSTALLATION OF BASF SONOGUARD DECK COATING SYSTEM
PRIMER, BASECOAT, TOPCOAT
AGGREGATE TO REFUSAL METHOD TO INCREASE DURABILITY
STANDARD COLORS ONLY
BELOW GRADE WATERPROOFING
REMOVAL OF LANDSCAPE MATERAILS TO 24" BELOW GRADE
APPLICATION OF DECK COATING TO 18"-22" BELOW GRADE
APPLICATION TO FILL ALL VOIDS, CRACKS, AND GAPS
DRAINAGE COMPOSITE PANEL TO WICK WATER AWAY FROM WALL
INJECTION OF CONCRETE LID/WALL 1 LS 0.4342% 1.75 --- 1,420
LID WATERPROOFING 313.00 SF
INSTALL AND SEAL OF INJECTION PORTS
INJECTION OF DENEEF FLEX LV MATERIAL
REMOVAL OF PORTS AND CLEAN UP FOR APP OF THOROSEAL
INCLUDES 4 MOBS
NEG SIDE CEM WP ON INT WALL 1 LS 1.0013% 4.04 --- 31275
WALL WATERPROOFING 391.00 SF
COMPLETE CLEANING OF INT WALL W1 WIRE BRUSH
PRIMING OF WALL
APPLICATION OF BASF THOROSEAL
ADMIXTURES TO INCREASE STRENGTH AND DURABILITY OF COATING
INCLUDES 4 MOBS
SUMMIT SEALANTS
WATERPROOFING 1.00 LS 2.41% 9.72 --- 7,870
PoI rdSPCPmposalMaAerl
N:\District Office\Services\Special Projects\Estimates\2013\BE130078-Aspen Data Center WATERPROOFING 1 Ls
P Detail Page 6 of 16
Jul 29,2013
CL Construction Services, Inc.
Denver SDecial Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078
Aaron Skeesick
Opportunity No SO-SPI20120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
WATERPROOFING 1 Ls
Summary Item Description Quantity UoM Percent Item Cost Unit Cost Total Cost
Tot.Cost ; /Bldg.Area
WATERPROOFING 1.00 LS 2.41-0/o 9.72 -- 7,870
N:\District Office\Services\Special Projects\Estimates\2013\BE130078-Aspen Data Center WATERPROOFING 1 LS
PCL Construction Services, Inc. Detail Page 7 of 16
Jul 29,2013
Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078 Aaron Skeesick
Opportunity No 50-SPI20120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
ROUGH CARPENTRY 1 Ls
Summary Item,Description Quantity .UoM Percent Item cost Unit cost Total cost
Tot.Cost IBIdg.Area
ROUGH CARPENTRY LS
ROUGH CARPENTRY 1.00 LS
MARINE GRADE 3/4" PLYWOOD WITH 239 SF 0.3654% 1.48 5.00 1,195
REMOVABLE FASTENER
FRP 239 SF 0.3654% 1.48 5.00 1,195
FRAMING FOR ELEC WALL 117 SF 0.2146% 0.87 6.00 702
CARPENTER 16 HR 0.3180% 1.28 65.00 1,040
NAILS/ROUGH HARDWARE 1 LS 0.0306% 0.12 --- 100
REMOVE/REINSTALL INTERIOR HANDRAIL 8 HR 0.1590% 0.64 65.00 520
ROUGH CARPENTRY 1.00 LS 1.45% 5.87 --- 4,752
ACCESS DOORS 1.00 LS
NEW ACCESS DOORS 2 EA 0.1529% 0.62 250.00 500
ACCESS DOORS 1.00 LS 0,15% 0.62 --- 500
ROUGH CARPENTRY 1.00 LS 1.61% 6.48 --- 5,252
N:\District Office\Services\Special Projects\Estimates\2013\BE130078-Aspen Data Center ROUGH CARPENTRY 1 LS
4° PCL Construction Services, Inc. Detail Page 8 of 16
Jul 29,2013
( Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078 Aaron Skeesick
Opportunity No 50-SP120120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
PLUMBING/MECHANICAL 1 Ls
Summary Item Description Quantity UoM Percent Item Cost Unit Cost Total Cost
_ _ Tot.Cost 161dg.Area
PLUMBING/MECHANICAL LS
MECHANICAL/GAS LINE 1.00 LS
MECHANICAL/GAS LINE 1 EA 5.1935% 20.97 16,986.00 16,986
ISOLATE & DRAIN (2) WATER LINES IN VAULT
PROVIDE (2) NEW 3/4" BALL VALVES FOR FUTURE CONNECTION
DISCONNECT EXISTING SERVER ROOM AC SYSTEM
RELOCATE (2) OUTDOOR CONDENSING UNITS
RECONNECT THE AC SYSTEM
(1) NEW CONDENSATE PUMP AND DRAIN LINE
STARTUP AND TESTING
DELAY GAS LINE UNTIL 2014
GAS LINE 1 LS -2.2503% -9.09 --- -7,360
NEW GAS LINES TO GENERATOR
MODIFY EXISTING GAS LINE ASSEMBLY
NEW 3/4" MPG LINES TO GENERATOR
GAS METER CHANGE TO MED PRESSURE
R&H MECHANICAL
MECHANICAL/GAS LINE 1.00 LS 2.94% 11.88 --- 9,626
PLUMBING/MECHANICAL 1.00 LS 2.94% 11.88 --- 9,626
Pol rQSPCVroposalMasrerl
N:\District Office\Services\Special Pro1ects\Estimates\2013\8E130078-Aspen Data Center PLUMBING/MECHANICAL 1 LS
PCL Construction Services, Inc. Detail Page 9 of 16
Jul 29,2013
Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078 Aaron Skeesick
Opportunity No SO-SP120120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
ELECTRICAL 1 Ls
Summa Item Descri Percent Item Cost
Summary ption Quantity UoM Unit Cost 'Total Cost
Tot.Cost ss f$Idg.Area
ELECTRICAL LS
ELECTRICAL 1 LS 52.7402% 212.96 --- 172,495
GENERATOR AND TRANSFER SWITCHES
SERVICE GEAR
PERMITS
FIRE ALARM CONNECTIONS
LIGHT FIXTURES
CRANE TO HOIST EQUIPEMNT
DURGIN ELECTRIC
WORK IN 2014
GENERATOR 1 EA -10.6548% -43.02 -34,848.00 -34,848
FEEDERS FROM GEN TO PANEL EMT 1 EA -2.7738% -11.20 -9,072.00 -9,072
CRANE TO SET GENERATOR 1 EA -0.8026% -3.24 -2,625.00 -2,625
LIGHT FIXTURES 1 EA -0.3057% -1.23 -1,000.00 -1,000
CABLE TRAY AND BRANCH CIRCUITS 1 EA -1.6510% -6.67 -5,400.00 -5,400
ELECTRICAL 1.00 LS 36.55% 147.59 --- 119,550
P01 r,SPCPmop IM.aerl
N:\District Office\Services\Special Projects\Estimates\2013\BE130078-Aspen Data Center ELECTRICAL 1 LS
PCL Construction Services, Inc. Detail Page 10 of 16
Jul 29,2013
Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078
Aaron Skeesick
Opportunity No SO-SPI20120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
LANDSCAPING&PAVERS 1 LS
Summary Item Description Quantity UoM Percent Item Cost Unit Cost Total Cost
Tot.Cost JBldg.Area
LANDSCAPING & PAVERS LS
SITEWORK 1.00 LS
SUPPLY 2" FLAGSTONE 664 SF 1.0593% 4.28 5.22 3,465
INSTALL 2" FLAGSTONE 664 SF 0.7518% 3.04 3.70 2,459
INSTALL PERMEABLE PAVERS 1,279 SF 1.1614% 4.69 2.97 3,799
ECO-DUBLIN PATTERN BY BELGARD HARDSCAPES
AQUA-ROC HERRINGBONE PATTERN BY BELGARD HARDSCAPES
SUPPLY/INSTALL SUBSTRATE 1 EA 3.1966% 12.91 10,455.00 10,455
BELOW PAVERS AND FLAGSTONE
INCL BEDDING COURSE, BASE COURSE, SUB-BASE
45 MIL EPDM LINER- PARKS 660 SF 0.2926% 1.18 1.45 957
SUBCONTRACTOR OH&P 1 EA 0.6460% 2.61 2,113.00 2,113
10% OF COST
ROCKY MTN HARDSCAPES
SITEWORK 1.00 LS` 7.11% 28.70 --- 23,247
EARTHWORK 1.00 LS
EARTHWORK 1 LS 4.2609% 17.20 --- 13,936
REMOVE EXISTING ASPHALT
PREP GRADE FOR PAVERS/FLAGSTONE/CONC
INCL DISPOSAL
OVER-EX 210" @ PERIMETER
4" PVC IRRIGATION CONDUIT
TERM AND CAP, 18" DEPTH
DUMP FEES:
ASPHALT: 30 CY @ $8.50/CY
DIRT: REUSE AT ANOTHER SITE
GOULD CONSTRUCTION
EARTHWORK: 1.00 LS 4.26% 17.20 --- 131936
CONCRETE 1.00 LS I i
Po1 raSrKProposalMaz[er1
DSCAPIN
N:\District Office\Services\Special Projects\Estimates\2013\BE130078-Aspen Data Center [LAN G&PAVERS 1 LS
PCL Construction Services, Inc. Detail Page 11 of 16
Jul 29,2013
Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078 Aaron Skeesick
Opportunity No SO-SP120120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
LANDSCAPING &PAVERS 1 LS
'
Summary Item Description Item Cost
an Quantity UoM Unit Cast Total Cost
Tat.Cast /Bldg.Area
30"WIDE BAND W/THICKENED EDGE 144 SF 0.5570% 2.25 12.65 1,822
8"CONCRETE CURB 195 LF 0.8407% 3.39 14.10 2,750
SLAB @ BIKE RACKS 109 SF 0.3516% 1.42 10.55 1,150
CONC WASHOUT BASIN 1 EA 0.1529% 0.62 500.00 500
DAVIS COLOR #5237, 'SAN DIEGO BUFF'
K and W CONCRETE, INC
CONCRETE 1.00 LS 1.90% 7.68 --- 6,221
ASPHALT 1.00 LS
PATCH 2'OF ASPHALT @ PERIMETER 300 SF 1.1466% 4.63 12.50 3,750
COLD PATCH 50 SF 0.2030% 0.82 13.28 664
TEMP ASPHALT PATCH AT 'OPTIONAL EXP'
REPLACE W/PERMANENT
FRONTIER PAVING
ASPHALT 1.00 LS 1.35% 5.45 --- 4,414`
STRIPING 1.00 LS
HANDICAPPED 1 EA 0.0245% 0.10 80.00 80
STANDARD 5 EA 0.1223% 0.49 80.00 400
STRIPING 1.00 LS 0.15% 0.59 --- 480
EROSION / TRAFFIC CONTROL 1.00 LS
PERIMETER FENCE 240 LF 0.3038% 1.23 4.14 994
TREE PROTECTION 50 LF 0.0633% 0.26 4.141 207
SIGNAGE 1 EA 0.1070% 0.43 350.00 350
EROSION CONTROL 240 LF 0.3852% 1.56 5.25 1,260
ROCK SOCKS AND DIRT BAGS
TEMP ALLEY CLOSURE 10 DAYS 0.1743% 0.70 57.00 570
PoI rdSPCProposalMasteri
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Detail Page 12 of 16
PCL Construction Services, Inc. 3„l 29,2013
Denver SDecial Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078
Aaron Skeesick
Opportunity No SO-SPI20120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
LANDSCAPING&PAVERS 1 LS
Summary item Description Quantity UoM Percent Item Cost Unit Cost Total Cost
Tot.Cost JBldg.A[ea
BARRICADES, SIGNAGE, T.C. PLAN
A-1 TRAFFIC CONTROL
EROSION /TRAFFIC CONTROL 1A0 LS 1.03°% 4.17 --- 31381
LANDSCAPING &PAVERS 1.00 LS 15.80% 63.80 --- 51,679
PoS rdSPCPmposalMascerl
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PCL Construction Services, Inc. Detail Page 13 of 16
I Jul 29,2013
Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078 Aaron Skeesick
Opportunity No SO-SPI20120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
BONDS/INSURANCES 1 LS
Percent- Item Itern Description Quantity '11oM Unit Cost Total Cost
tot.Cost ' 810g.Area
BONDS/INSURANCES LS
BONDS 1.00 LS
BONDS-PERFORM &PAYMENT 343,419 TB 0.9292% 3.75 0.008850 3,039
2 YEARS
BONDS—SUB TRADE W/SUBS TB
BONDS 1.00 LS 0.93% 3.75 --- 3,039
INSURANCES 1.00 LS
BUILDERS RISK 343,419 TB 0.1575% 0.64 0.001500 515
GENERAL LIABILITY 343,419 TB 1.0500% 4.24 0.010000 3,434
INSURANCES 1.00 LS 1.21% 4.88 --- 3,949
PERMITTING 1.00 LS
PERMIT 6 USE TAX COSTS ARE BASED ON $475,000ICONSTRUCRON COSTS
CITY OF ASPEN PERMITS 1.00 LS
BY OWNER
PERMITS—CITY OF ASPEN 10,775.00$$ 1.00
$7,775 PLUS 2.00 OF PERMIT VALUATION OVER 250,000
PERMITS — CITY OF ASPEN PLAN CHECK 7,003.75$$ 1.00
PLAN CHECK IS 65% OF PERMIT COST
CITY OF ASPEN ENERGY CODE FEES 1,616.25$$ 1.00
15% OF BUILDING PERMIT FEE
CITY OF ASPEN PERMITS 1.00 LS --- 010 --- ---''
PITKIN COUNTY PERMITS 1.00 LS
BY OWNER
PERMITS—PITKIN COUNTY LS 200.00
SEE PITKIN COUNTY PERMIT COST CALCULATOR
PERMITS - PITKIN COUNTY PLAN CHECK 0,00$$ 1.00
PLAN CHECK IS 65% OF PERMIT COST
PITKIN COUNTY ENERGY CODE FEES 0,00$$ 0.10
10% OF BUILDING PERMIT FEE
FIRE SPRINKLER PERMIT N/A
wr rasviceow:amu wt
N:\District Office\Services\Special Projects\Estimates\2013\BE130078-Aspen Data Center BONDS/INSURANCES 1 LS
�- PCL Construction Services, Inc. Detail Page Jul 29 of 16
9,2013
re r/, Denver SDecial Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078 Aaron Skeesick
Opportunity No 50-SPI20120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
BONDS/INSURANCES 1 LS
Summary Item Description Quantity UoM Percent Unit Cost Total Cost
Tat.Cost /Bldg.Area Item Cost
GRAPHIC INFORMATION SYSTEMS FEE NSA.
PITKIN'COUNTY PERMITS 1.00 LS I --- % -- --- -
PERMITTING 1.00 LS' --- % --- --- ---
SALES&USE TAXES 1.00 LS
TAX EXEMPT PER OWNER
ASPEN USE TAX DEPOSIT 3,150.00$$ 1.00
CALCULATED AS: [(PROJECT VALUATION - $100,000) X .51 X 2.1%
PITKIN USE TAX DEPOSIT 1,000.00$$ 1.00
CALCULATED AS: (PROJECT VALUATION X .5) X .5%
SALES'&USE TAXES' 1.00 LS --- % --- --- ---
BONDS/INSURANCES 1.00 LS 2.14% 8.63 --- 6,989
PoI rdSGCVoposalMaster3
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PCL Construction Services, Inc. Detail Page 15 of 16
t Y 1 3ul 29,2013
1 Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number SE130078 Aaron Skeesick
Opportunity No SO-SP120120
Owner File No Project Start Jun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
STAFF, GENERAL CONDITIONS&OVERHEAD 1 LS
Summa item Descri Percent Item Cost
ry ptran Quantity 1�oM -Unit Cost Total Cast
Tot Cost /Bldg.Area
STAFF, GENERAL CONDITIONS & LS
OVERHEAD
STAFFING 1.00 LS
PROJECT MANAGER 3 MO 4.5043% 18.19 4,910.62 14,732
SUPERINTENDENT 3 MO 13.5141% 54.57 14,733.32 44,200
STAFFING 1.00 LS 18.02% 72.76 --- 58,932
TRAVEL 1.00 LS
TO/FROM TRAVEL EXPENSE 4,800 MI 0.8145% 3.29 0.555000 2,664
.555 MILEAGE PER APPROVED COMPENSATION SHEET
400 MILES ROUND TRIP FOR 12 TRIPS
PARKING ALLOWANCE 66 EA 0.4036% 1.63 20.00 1,320
TRAVEL 1.00 LS 1.22% 4.92 --- 3,984'
EQUIPMENT 1.00 LS
PICKUP TRUCK 3 MO 1.6510% 6.67 1,800.00 5,400
EQUIPMENT 1.00 LS 1.65% 6.67 --- 5,400
SITE OFFICE 1.00 LS
OFFICE-SUPPLIES 3 MO 0.0917% 0.37 100.00 300
OFFICE-FU RN/EQUIPMENT 1 LS 0.0459% 0.19 --- 150
SITE OFFICE; 1.00 LS 0.14% 0.56 --- 450
TECHNOLOGY 1.00 LS
INFORMATION SYSTEMS 343,419 TB 0.3675%1 1.48 0.0035001 1,202
LAPTOP COMPUTER 3 MO 1 0.1605% 0.651 175.00 525
Pol rdSPCPmWSalMasterl
N:\District Office\Services\Special Projects\Est1mates\2013\BE130078-Aspen Data Center STAFF,GENERAL CONDITIONS&OVERHEAD 1 LS
PCL Construction Services, Inc. Detail Page 16 of 16
Jul 29,2013
Denver Special Proiects Office 1:37:36 PM
Conceptual Estimate Detail
BE Number BE130078 Aaron Skeesick
Opportunity No SO-SPI20120
Owner File No Project Start Sun 28,2013
Project Aspen Data Center Remodel,Work in 2013 Completion Sep 27,2013
Location Aspen,CO USA Function Units 810 SF
Owner City of Aspen Area 810 SF
Designer Proprietary and Confidential
STAFF, GENERAL CONDITIONS&OVERHEAD 1 LS
Summary Item Description Quantity UoM Percent item Cost Unit Cost Total cost
Tot Cost /Bldg.Area
CELL PHONES 3 MO 0.0917% 0.37 99.98 300
AIR CARD 3 MO 0.0642% 0.26 70.00 210
TECHNOLOGY 1.00 LS 0.68% 2.76 --- 2,237
SAFETY 1.00 LS
MEDICAL EQUIP/SUPPLIES 3 MO 0.1376% 0.56 150.00 450
TEMP FIRE PROTECTION 1 EA 0.0153% 0.06 50.00 50
WARNING/SAFETY SIGNS 3 MO 0.1376% 0.56 150.00 450
SAFETY 1.00 LS 0.29% 1.17 --- 950
PRINTING AND TRUCKING 1.00 LS
AS-BUILT 1 LS 0.0764% 0.31 --- 250
COURIER/EXPRESS SERVICE 3 MO 0.0183% 0.07 20.00 60
PRINTING AND TRUCKING 1.00 LS 0.09% 0.38 --- 310
WARRANTY 1.00 LS
ONE-YEAR WARRANTY 1 EA 0.0764% 0.31 250.00 250
LIQUIDATED DAMAGES
WARRANTY 1.00 LS 0.08% 0.31 --- 250
STAFF,GENERAL CONDITIONS& 1.00 LS 22.17% 89.52 --- 72,513
Pol raSPCProposslMas[erl
N:\District Office\Services\Special Project5\Estimates\2013\BE130078-Aspen Data Center STAFF,GENERAL CONDITIONS&OVERHEAD 1 LS
CITY OF ASPEN DATA CENTER
BASIS OF BUDGET
May 13, 2013-
Revised July 29,2013
The purpose of this document is to clarify items upon which this budget was based.
The documents and information used in preparing our GMP are listed below:
A. Architectural dated 5/8/2013, prepared by Jeffrey Halferty Design Inc.
B. Structural S2.0 dated 4/12/2013 and S3.0 dated 4/21/2013, prepared by Calvetti
Engineering. (Based off conversation with Jeff Halferty,S1.0 dated 411412013 is
superseded by S3.0 dated 412112013)
C. Plumbing and electrical dated 4/5/2013, prepared by Architectural Engineering
Consultants
D. Aspen City Hall Alley Paving& Bike Parking dated 05/01/2013, prepared by City of Aspen
Parks and Recreation Department.
Exclusions
1. 3"conduit for future irrigation
2. Removal of any existing irrigation
3. 'Contingency footings' shown on S1.0 and S3.0
4. Three steel enclosures shown on A1.1
5. Planters shown on A2.1
6. Snowmelt shown on A2.0
7. Final keying of lockset and card reader
8. Smoke dampers at existing duct
9. Integration of fire suppression system with smoke dampers
10. Any reference in drawings indicating'TBD'
11. Taxes—city, county and state exempt
12. Permits—by owner
13. Testing/Inspections (concrete,steel,asphalt,waterproofing)—by owner
14. Permeable pavers—supplied by owner, installed by General Contractor
15. Temporary alley closure includes two weeks of signage and barricades rental along with
a certified traffic control plan. No cost is included for flaggers.
Clarifications
1. Concrete reinforcing was not specified in the drawings. Quote provided by S2M
includes mesh—no rebar—at all new concrete.
2. Plywood and FRP at North and East walls only. Two access doors will be cut out of
plywood/FRP wall and modified with hinges and knobs.
3. Includes pavers/concrete curb shown on sheet L-1 as 'Optional Expansion of Permeable
Pavers'.
Alternate
1. Mechanical alternate as described in quote provided by R&H Mechanical to be provided
for a lump sum of$4,343. This includes cost of work, GC's and fee.
` Basis of Budget I Cit of Aspen Data Center I Jul 29, 2013
General City of Aspen- . . Construction
City of Aspen
General Conditions
For
Construction Contracts
�Yersion GCl-9��
City of Aspen - - . . Contracts
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.
2.1. Delivery of Bonds ............................................................................................................................................................................................ 8
2.2. Copies of Documents ...................................................................................................................................................................................... 8
2.3. Commencement of Contract Time,Notice to Proceed .................................................................................................................................. 8
2.4. Starting the Project .......................................................................................................................................................................................... 9
2.5. Before Starting the Project .............................................................................................................................................................I................ 9
2.6. Pre-construction 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
4.2.2. Existing Structures .......................................................................................................................................................................................... 12
4.2.3. Report of Differing Conditions ...................................................................................................................................................................... 12
4.2.4. Engineer's Review ........................................................................................................................................................................................ 12
4.2.5. Possible Document Change ........................................................................................................................................................................... 12
4.16. Possible Price and Time Changes _....._..._.____.._....._................__......___._............................_..........................._._._..........._._...._...... 12
4.3. Physical Conditions-Underground Facilities ......................................................_.........................._......................................................... 12
4.3.1. Shown or Indicated ....................................................................................................................................................................................... 12
4.3.2. Not Shown or Indicated ................................................................................................................................................................................... 12
44. 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 I.............................................................................................................................................. 18
6.4.-6.7 Reserved....................................................................................................................................................................... 18
6.8 Sub-contractors,Suppliers and Others .....................................................................................................................................I.........I..........1 19
6.9 Sub-contracting ............. ...................__._......_..................__..__......-................._................... .._........_..._...... 20
6.10 Patent Fees,Royalties,Permits.............................................................................................................................................. 20
�
City of Aspen-General Conditions for Construction Contracts
uuPermits .........--- .............................. ............. ...................................................... ..................... ---- ............. zn
6/2 Laws andurguw"nx ——------------—--—-------------------------------—. 20
^o Taxes ............................... .................... ................................................................................................. ............... 'o
uwUse m Premises ................................................................................................................................................................o
6.15 oecomoomuuomo ---—-----------------------------------------------. o
auSafety and Protection ........................................................................................................................................................ 2/
6.17 smcn*nu^ ................................................ ................................................................................................ ............... o
6.18 shvon"wogmmamvnus -----------------'—'_--'---_-----------------' o
mv Claim Release,Mechanics'um —---—--------------------------------—.-----———. z»
6.20 Continuing the Work ...—.................................................................................................................................... ..............24
*.21 Contractor's Facilities ...—............................... .................................................................................................................z*
Article 7'Other Work
T/. Related Work at Site -----................... --- .............. —..............................................................---................................--........ 24
zz. Coordination ............. --- ......-- ............................--------- ........................—.......... — ................. --.................... — 24
Article 8 City's Responsibilities.
xo. __—_--........................---- ............. ' 'z5
Article p—Project Manager's Status During Construction.
v|. City's Representative ------------------------------------------------------------ zs
9.2. Visits mSite ----------------------------------------------------------------- 25
9.3. puojou Representation ------.........................----..................... --...........-----------..............----- ............ 25
o* Clarification and Interpretation .................---- ................. ---............----------------------................ ........ zv
9.5� Authorized Variations in Work —...............------ ....— ........................-----.................................. —................................... zv
pa Rejecting mro,feum^Work -------------------------------------------------------- zo
9.7 Shop om"xu:s,Change Orders and Payments ............ ...............— ................................'----............................................................... zo
9.8 Decisions ou Disputes......-------.............. ---.......................................—_—............................. ...... .........zo
vo mmuatiou --------------————------------------------------------- zr
o/o umummuooneuogiueer'onespmnsioomo ----------------------------------------' z/
Article 10 Changes in the Work
/o/. city Initiated Changes -------------------------------------------------------------' z/
10.2. Work Directive Change .........----—'................................-- .........................................---............................................................... ^x
/us. Change Order ' ..................................... —'—'---........... -- .................................................. —.................................. .................... 28
10.4. c^moactvcmmgeuequux ----------------------------------------------------------' sm
10.5. nonnzuoe
m.«. aomnmoucpuremenummw*mvaclauu ------------------------------------------------ zv
A,ua^o cnunge^mcv"tr^ar*m.
uc Contract Price Adjustments ----------------------------------------------------------- z,
11.2. Contract Time Adjustments ----------------------------------------------------------- zo
11.3. Force Account Work --------------------------------------------------------------' 30
na Contract Sum Determination ----------------------------------------------------------. a
11.5. Cost and Pricing Data —_-------'—_----_-----'—_--'_------_'__-----'—_--'_---. 32
11�6. Variation in Quantity"eUn^Priced Items .................................................................................. —'—...............'...................... ...........' 32
Article o'Reserved.
Article 13 Warranty and Guarantee(Maintenance Bond);Tests and Inspection;Correction,Removal
v,Acceptance ofDefective Work
o/ Warranty ..... ............ --------- ...................................___ ........................_ ............_____.............................. 33
13.2. A,cesswwvrk ----------------............. ---..............................................— ...............—_................................................... 34
o» Tests and Inspections ..........--......................... --....................................................................... ........................................................... 34
o*. Uncovering Work -----.........................—........--- ............................................................. —............................................................ 35
l3.5. City May Stop the Work --........................... ---------.................................................................___...................._____........ 35
13.6. Correction w Removal m Defective Work --------------------------------------------------- 35
ozCorrection Period ....................................------- ...................................................................... ----....................--................ s`
13xAcceptance w Defective Work --...—...................................--....................................................................................--- ...------ s`
119. City May Correct Defective Work ..... --_.........................................------------------......—................................ m
o/o Unauthorized Work ........----------............................................................... —..........---.....................................-- .......... sx
Article 14 Payments w Contractor and Completion.
City of Aspen-General Conditions o
14.1. Determination of Work Value ....................................................................................---..........................-........---......................................... 36
14.2. Application for Progress Payment ................................................................................................................................................................... 36
14.3. Contractor's Warranty of Title ....................................................................................................................................................................... 37
14.4. Project Manager'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 I............................................................................................................................................................................... 41
15.5. Contractor May Stop Work or Terminate .............................................................................................................--................................. 42
Article 16-Miscellaneous.
161. Nondiscrimination ..................................................................................................................................................... 42
16.2. Giving Notice .............................................................---........................................................................................................... 43
16.3. Computation of Time .......................................................................................................................................................................................... 43
16.4. General ...............................................................................................................................................................................I..................... 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 m Colorado ............................................................................................................................................................................... 45
16.14. Attorneys'Fees ..............--................--.............................................................................................................................................................. 45
16.15. Waiver of Presumption ..................................................................................................................................................................................... 45
16.16. Severability Clause ..................................................................................................................................................................................... 45
16.17. Audit and Records ..................--....................................................................................................................................................... 45
16.18. Audit ................--........................................................................................................................................................................ 46
General City of Aspen- . . Construction
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 1 -DEFINITIONS
1.1. Whenever the words, forms, or phrases defined herein, or pronouns used in their place occur in the Contract
Documents,the intent and meaning shall be interpreted as follows:
ASCE American Society of Civil Engineers
NACE National Society for Corrosion Engineers
SSPC Special Society for Paint Council
AASHTO American Association of State Highway and Transportation Officials
AIA American Insurance Association
SICS American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
(formerly ASA and USASI)
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gauge
AWS American Welding Society
BAFO Best and Final Offer
CDOT Department of Transportation,State of Colorado
O&M Operations and Maintenance
DHA Detailed Hazards Analysis
EBD Escrow Bid Documents
EIA Electronic Industries Association
EPA United States Environmental Protection Agency
FCC Federal Communications Commission
FHWA Federal Highway Administration
FTA Federal Transit Administration
HVAC Heating,Ventilation,and Air Conditioning
NBS National Bureau of Standards
NEC National Electric Code
NTP Notice to Proceed
NESC National Electric Safety Code
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Administration
PHA Preliminary Hazards Analysis
SAE Society of Automotive Engineers
UL Underwriter's Laboratories,Inc.
UMTA United States Department of Transportation,Urban Mass Transportation Authority
UD&FCD Urban Drainage and Flood Control District
MUTCD Manual on Uniform Traffic Control Devices
General City of Aspen- . . Contracts
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.
Capital Asset Director-The person who manages the Capital Asset Department and whom the Project Manager reports
to.
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
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).
City of Aspen-General Conditions .
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 Manager-The authorized representative of the City of Aspen to oversee the project and represent the owner.
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.
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
General City of Aspen- . . Construction
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.
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.
City of Aspen-General Conditions .
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 Project Manager any conflict, error or discrepancy which Contractor may discover and shall
obtain a written interpretation or clarification from the Project Manager 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 Project Manager 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.
City of Aspen-General Conditions .
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 Project
Manager,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 Project Manager,or any of the Project Manager'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 Project Manager 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 Project Manager.
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 Project Manager's approval of a Shop Drawing or sample(pursuant to paragraphs
6.18.5 and 6.18.6);or,
3.2.3.3.The Project Manager'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.
3.4 Precedence of Contract Documents:
City of Aspen-General Conditions .
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 Project Manager 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 Project Manager 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 Project
Manager in writing about the inaccuracy or difference.
4.2.4. PROJECT MANAGER'S REVIEW: The Project Manager 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 Project Manager's findings and conclusions.
4.2.5. POSSIBLE DOCUMENT CHANGE: If the Project Manager 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.
General City of Aspen- . . Contracts
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 Capital Asset Director or his/her designee (Project Manager) 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:
43.1.1. The City and the Project Manager,person,firm,corporation or the City Capital Asset Director,named
as such in the Contract Documents 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 or approved as a Change Order.
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 Project Manager. The Project Manager 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 Project Manager.
4.4 Reference Points:
4.4. The City shall provide engineering surveys to establish reference points for construction which in the Project
Manager'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 Project Manager 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.S Protection and Restoration of Property and Landscape.
4.5.1. The Contractor shall be responsible for the preservation of all public and private property and shall protect
carefully from disturbance or damage all land and property and shall protect carefully from disturbance or damage all
land and monuments and property marks until the Project Manager has witnessed or otherwise referenced their location
and shall not remove them until directed.
City of Aspen-General Conditions .
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 Project Manager.
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 Contractor with direction from the Project Manager. 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 Project Manager 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 Project Manager'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 Project Manager.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 Project Manager and prior to the end of
the contract time, the replacement value of the trees or shrubs will be deducted from any money due to the
Contractor. These values shall be based upon averages derived from current prices of nurseries growing the
plants,plus the cost for planting and a guarantee for the first growing season.
4.5.10.2.When trees or shrubs beyond replaceable size have been damaged or destroyed,the value of such trees
or shrubs shall be calculated as per square yard of surface area measured at the ground level.
4.5.10.3.Any deduction assessed as liquidated damages under this section shall not relieve the Contractor from
liability for any damages or costs resulting from delays to the City,traveling public or other contractors.
4.6 Hazardous Materials
City of Aspen-General Conditions
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.enly in the event tha4 the GaFA aete.a,.-.ish the` i4y with°°`4ified test''
,1 results hi h F the&dstenee f U d 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 Project Manager 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
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.
General City of Aspen- . . Construction
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 d 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.
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.
General City of Aspen- . . Contracts
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 thft(30)da prior written notice has
been given to the City of Aspen.
5.3.5 In addition,these Certificates of Insurance shall contain the following clauses:
Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen,it being the
intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage
for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s)may
become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of
recovery or subrogation against the Contractor and issuers shall have no right of recovery or subrogation
against the City of Aspen,it being the intention of the parties that the insurance policies so effected shall protect
all parties and be primary coverage for any and all losses covered by the above-described insurance. To the
extent that the City's insurer(s)may become liable for secondary or excess coverage,the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for
payment of any premiums or for assessments under any form of policy insurance companies issuing the policy
or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments
under any form of policy.
Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of,
and at the sole risk of the Proposer and all deductibles in the above-described insurance policies shall be
assumed by and be for the amount of,and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work in connection with the referenced
project is done "of operations shall be: "All operations and locations at which work in connection with the
referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days
prior to a policy's expiration date except for any policy expiring on the expiration date of this agreement or thereafter.
5.3.6. Failure on the part of the Contractor to procure or maintain policies providing the required coverage,
conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately
terminate this contract,or at its discretion City may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith. All moneys so paid by City shall be repaid by
City of Aspen-General Conditions
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.
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 Project Manager 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 Project
Manager.
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 Project Manager,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 Project Manager,or any of the Project Manager'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 Project Manager 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 Project Manager to determine that the material or equipment proposed is equivalent or equal to that named.
The Project Manager will include the following as supplemented in the General Requirements. Requests for review of
City of Aspen-General Conditions .
substitute items of material and equipment will not be accepted by the Project Manager 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 Project Manager 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 Project Manager 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 Project Manager.The procedure for review by the Project Manager shall be similar to
that provided in paragraph 6.8.1.
6.8.3. The Project Manager will be allowed a reasonable time within which to evaluate each proposed substitute. The
Project Manager will be the sole judge of acceptability,and no substitute will be ordered,installed or utilized without the
Project Manager'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 Project Manager will record time required by the Project Manager and the Project Manager's
consultants in evaluating substitutions proposed by the Contractor and in making changes in the Contract Documents
occasioned thereby. Whether or not the Project Manager accepts a proposed substitute,the Contractor shall reimburse
the City for the charges of the Project Manager and the Project Manager'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 Project Manager as indicated in paragraph 6.9.2), whether initially or as a substitute,
against whom the City or the Project Manager 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
Project Manager and if the Contractor has submitted a list thereof in accordance with the Special Conditions,the City's
or the Project Manager'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 Project Manager of any such Subcontractor, Supplier or other person or organization shall
constitute a waiver of any right of the City or the Project Manager to reject Defective Work.
6.9.3. The Contractor shall be fully responsible to the City and the Project Manager 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 Project Manager 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.
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 Project Manager 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 Contrueter shall not awafd Wer4E te Subeantfaeter-(s),in e�Eeess of",nine pefeent 0
Priee. This eendition shall be a fninimufn standard fer-a qualified-Prime Centfaeter-to peffefm within the City rights e
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 Project Manager 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 City's
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. With respect to this contract,the City of Aspen will ultimately cover costs for permitting.
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 Project Manager 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 Project Manager 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 Project Manager,the Contractor shall bear
all costs arising therefrom.
City of Aspen-General Conditions .
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 Project Manager 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 Project Manager 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 Project
Manager for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be
delivered to the Engineer for the City.
6.17 Safety and Protection:
6.17.1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage,injury or loss to:
6.17.1.1. All employees on the Work and other persons and organizations who may be
affected thereby;
City of Aspen-General Conditions .
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 Project Manager 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 Project Manager or the City, is obligated to act to
prevent threatened damage, injury or loss. The Contractor shall give the Project Manager 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 Project Manager 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 Project Manager 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 Project
Manager 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 Project Manager for review and approval with such promptness as to
cause no delay in Work,all samples required by the Contract Documents. All samples will have been checked by and
accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under the
Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier,
pertinent data such as catalog numbers and the use for which intended.
6.19.3. Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all
quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar
data with respect thereto; and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and
samples and with the requirements of the Work and the Contract Documents.
City of Aspen-General Conditions .
6.19.4. At the time of each submission,the Contractor shall give the Project Manager 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 Project Manager for review
and approval of each such variation.
6.19.5. The Project Manager 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 Project Manager, 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 Project Manager on previous
submittals.
6.19.6. The Project Manager'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 Project Manager's attention to each such variation at the time of submission as required by paragraph 6.19.4
and the Project Manager 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 Project Manager
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
Project Manager'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 bylaw,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 thin(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.
City of Conditions .
6.20.3. The Contractor agrees that moneys received for the performance of this Contract shall be used first for payment
due for labor,material,and services for the Project and taxes,and the moneys shall not be diverted to satisfy obligations
of the Contractor on other accounts or contracts. The Contractor shall pay Subcontractors within Ten (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, (j) temporary toilet facilities. All operations of the Contractor,
including storage of materials, upon the City's premises shall be confined to areas authorized or approved by Owner in
writing. Temporary buildings, storage sheds, shops, offices, may be erected by the Contractor only with the written
approval of the City and shall be built or provided with labor and materials furnished by the Contractor without expense
to the City. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by it
at its expense upon completion of the Work.
ARTICLE 7-OTHER WORK
7.1 Related Work at Site.
7.1.1. The City may perform other work related to the Project at the site by the City's own forces, have other work
performed by utility owners or let other direct contracts therefor which shall contain General Conditions 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 Project Manager 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 Project Manager 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 Project Manager 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—PROJECT MANAGER'S STATUS DURING CONSTRUCTION
9.1 City's Representative.
The Project Manager shall be the City's representative during the construction period. The duties and responsibilities and
the limitations of authority of the Project Manager 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 Capital Asset Director.
9.2 Visits to Site.
The Project Manager 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 Project Manager shall make on-site inspections to observe the quality or quantity of the
Work. The Project Manager'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
Project Manager 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:removed
9.4 Clarification and Interpretations:
The Project Manager 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 Project Manager 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 Project Manager and resolve the issue. All such requests or claims shall be submitted to
the City Capital Asset Director.
City of Aspen-General Conditions .
9.5 Authorized Variations in Work and Minor Contract Revisions:
The City Project Manager 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 Project Manager will have authority to disapprove or reject Work which the Project Manager 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 Project Manager's responsibility for Shop Drawings and samples,see paragraphs 6.19.1.
through 6.20.1.inclusive.
9.7.2. In connection with the Project Manager's responsibilities as to Change Orders,see Article 10 and Article 11.
9.7.3. In connection with the Project Manager's responsibilities in respect of request for Payment,etc.,see Article 14.
9.8 Decisions on Disputes:
9.8.1. The Project Manager 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 Project Manager in writing with a request for a formal decision in
accordance with this paragraph, which the Project Manager 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 Project Manager 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 Project Manager and the City within sixty days after such occurrence unless the Project Manager
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 Project Manager 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 Project Manager of the
requirements of the Contract Documents,judgment on the acceptability of the Work thereunder,or formal decision made
by the Project Manager in accordance with paragraph 9.8.1. Any dispute not resolved by the initial decision of the
Project Manager shall be decided by the City,who shall reduce the decision in writing and furnish a copy thereof to the
Contractor and the Project Manager. 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 Project Manager's interpretation.
9.9 Reserved
9.10 Limitations on Project Manger's Responsibilities:
9.10.1. Neither the Project Manager's authority to act under this Article 9 or elsewhere in the Contract Documents nor
any decision made by the Project Manager in good faith either to exercise or not exercise such authority shall give rise to
City of Aspen-General Conditions .
any duty or responsibility of the Project Manager 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 Project Manager as to the Work,it is intended that such requirement,direction,review or judgment will be solely to
evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating
otherwise). The use of any such term or adjective shall not be effective to assign to the Project Manager 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 Project Manager 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(IQ)consecutive calendar
days after receiving the Notice of Change, or such longer time which the Project Manager in his/her discretion has
granted,shall provide the Project Manager 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.
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
City of Aspen-General Conditions .
10.41. If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract
Documents,or determinations from the Project Manager 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 Project Manager 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 days therefrom.
10.8.6. With respect to any matters or circumstance which the Contractor believes would require a change, including
delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the matter or
circumstance,but in no event more than Ten(10)consecutive calendar dam 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 Project Manager 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 Project Manager,in his/her discretion may have granted in writing,it
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 Project Manager,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
City of Aspen-General Conditions .
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 Capital Asset 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.
11.14. The Contractor agrees that delays resulting from any causes other than acts or omissions of the City, its
employees, agents or officials shall be considered fully compensated by a time extension only and agrees to make no
claim for monetary damages for such delays. In no event shall the Contractor be entitled to recover any delay costs
caused by the acts or omissions of the Contractor,its employees or agents.
11.2.5. If the Contractor believes that it has suffered delays in performing the Work that are caused by acts or
omissions of the City,the Contractor may submit a Contractor Change Request with detailed justifications acceptable to
the Project Manager. 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
City of Aspen-General Conditions .
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 Project Manager which are signed by the Contractor and
the Project Manager. 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 Capital Asset 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
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 Project Manager 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
General City of Aspen- . . Construction
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 Pricing Data. The Contractor shall submit a Certificate of Current Cost or
Pricing Data with any agreed upon Contract Price adjustment,but prior to the execution of a Change Order for the work,
in the following format:
Certificate of Current Cost and Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost of
pricing data submitted in writing to the City in support of
are accurate, complete, and current as of
and represent the best prices available from suppliers and
subcontractors. This certification includes the cost of pricing data 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
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.
City of Aspen-General Conditions .
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 Project Manager. 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
Two Years from date of Substantial Completion,which Two Years period shall be covered by the Maintenance Bond
and Payment Bond as specified in the Contract Documents. Landscaping replacement shall be warranted for two
growing seasons.
13.1.2. The Contractor,at no additional expense to the City,shall remedy damage to equipment,the site,or the buildings
or the contents thereof that is the result of any failure or defect in the Work,and restore any work damaged in fulfilling
the requirements of the Contract Documents.
13.1.3. With respect to all warranties, express or implied, from Subcontractors, manufacturers, or Suppliers for Work
performed and materials furnished under the Agreement,the Contractor shall:
13.1.3.1.Obtain all warranties that would be given in normal commercial practice. To the extent that the
Subcontractor's, manufacturer's,or Supplier's, 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 Project
Manager or.
13.1.3.3.Enforce all warranties for the benefit of the City,if directed by the Project Manager.
City of Aspen-General Conditions .
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 Two Q 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 1/o)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 fumished in replacement under this Article,shall also
be subject to the terms of the warranty provisions herein to the same extent as supplies and equipment initially delivered.
The warranty,with respect to supplies,equipment,or parts thereof,shall be equal in duration as if initially delivered and
shall run from the date of delivery of the corrected or replaced supply,or upon the date it is placed in service,whichever
is later.
13.2 Access to Work:
The Project Manager and the Project Manager'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).
City of •- Conditions •
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 Project Manager 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 Project Manager'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 Project
Manager.
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 Project Manager,it must,be uncovered for observation. Such uncovering and testing when required
by the Project Manager shall be at the Contractor's expense.
13.3.5. Neither observations by the Project Manager 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 Project Manager it must, if requested by the
Project Manager,be uncovered for the Project Manager's observation and replaced at the Contractor's expense.
13.4.2. If the Project Manager considers it necessary or advisable that covered Work be observed by the Project
Manager or inspected or tested by others, the Contractor, at the Project Manager 's request, shall uncover, expose or
otherwise make available for observation, inspection or testing as the Project Manager 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.
13.6 Correction or Removal of Defective Work:
If required by the Project Manager 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 Project Manager 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
City of Aspen-General Conditions .
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 Capital Asset Director.
13.9 City May Correct Defective Work:
If the Contractor fails within Ten U0)consecutive calendar days after written notice of the Project Manager or the City
to proceed to correct and to correct Defective Work or to remove and replace rejected Work as required by the Project
Manager 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
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 Capital Asset 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 Capital Asset 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.
City of AspeConditions
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 Project Manager, 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-eentfaet pfiee of less than$50,000 the..tamed . nt shall be 1090;e f the..aloe of
the eempleted wark;(b)for-eefAr-aet priee between$50,000 to$150,000.00 the r-etained ameunt shall be 0 of the valtle
(c)for contract price over$150,000.00 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 Project Manager 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 Project Manager 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;
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 Project Manager's Review of Progress Payments.
City of Aspen-General Conditions .
14.4.1. The Project Manager's recommendation of any payment requested in an Application for Payment will
constitute a representation by the Project Manager to the City,based on the Project Manager's on-site observations of the
Work in progress and on the Project Manager '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 Project Manager'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 Project Manager 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 Project Manager 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 Project Manager may refuse to recommend the whole or any part of any payment if, in the Project
Manager's opinion,it would be incorrect to make such representations to the City. The Project Manager 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
Project Manager'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 Project Manager'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 Project Manager 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 Project Manager)stating the reasons
for such action.
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 Project Manager 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:
City of Aspen-General Conditions .
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 Project Manager 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 Capital Asset Director 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 Project Manager 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
Project Manager 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 Project Manager a fully executed and notarized Claim Release Form and
the City Capital Asset 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 Project Manager 's observation of the Work during construction and final inspection, and the '
Project Manager s review of the final progress Payment and accompanying documentation - all as required by the
Contract Documents, the Project Manager represents to the City that the Work has been completed and the City is
satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have
been fulfilled, the City shall cause to be published on two (2) consecutive weeks in the weekly editions of the Aspen
Times, a public notice setting a final settlement date; which said settlement date shall be at least ten(10)days after the
second publication. Said notice shall advise all persons, co-partnerships, associations of persons, companies, or
corporations that have furnished labor,provisions,materials,team hire,sustenance,or other supplies used or consumed
by Contractor or his subcontractor(s),that they may file a claim with the City,at any time up to and including the time of
final settlement.Upon filing of any such claim,the City shall withhold from retainment withheld in accordance with
the Contract Documents,to insure the payment of said claims until the same have been paid or such claims as filed have
been withdrawn, such payment or withdrawal to be evidenced by filing with City a receipt in full or an order for
withdrawal in writing and signed by the person filing such claim or his duly authorized agents or assigns. Such funds
shall not be withheld longer than NineU 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 Project Manager. Such payment shall be made under the terms and conditions governing final
payment,except that it shall not constitute a waiver of claims.
City of Aspen-General Conditions .
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 Project Manager, 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 Project Manager 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 6.7 and all dates set forth therein
and where in the Contract Documents, an additional time is allowed for the competion 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 penalt 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
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
City of Aspen-General Conditions .
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 D, s 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 H,
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;
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:
City of Aspen-General Conditions .
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 Project Manager 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 Project Manager, terminate the Contract and recover from the City payment for all Work executed and installed in
place and any expense sustained plus reasonable termination expenses. The provisions of this paragraph shall not relieve
the Contractor of the obligations under Article 6 to carry on the Work in accordance with the progress schedule and
without delay during disputes and disagreements with the City.
ARTICLE 16-MISCELLANEOUS
16.1 Nondiscrimination
During the performance of this Contract,the Contractor agrees as follows:
16.1.1. The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, age, 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 re-
cruitment 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.
City of Aspen-General Conditions .
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 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,
City of Aspen-General Conditions .
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.
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 Project Manager 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
General City of Aspen- . . Construction
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.
16.12 Waiver
No waiver of default by either party of any terms,covenants or conditions hereof to be performed,kept and observed by
the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or
conditions herein contained,to be performed,kept and observed by the other party.
16.13 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.
1614 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.
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.
16.17 Audit and Records
The Contractor shall maintain all data and records pertinent to the Work performed under this Contract, in accordance
with generally accepted accounting principles, and shall preserve and make available all data and records until the
expiration of three (3) vears 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.
1618 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
City of Aspen-General Conditions .
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& 111.1)
gel-971
Cit of Aspen-Special Conditions .
THE CITY OF ASPEN
SPECIAL CONDITIONS
For the Data Center Proiect
Project No.2012-122
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 Contractor shall return three (3) sets of the Contract Documents after executing all
necessary pages of the contracts and their required documents and submittals, and
deliver them to the Purchasing Department by 5pm,August 5, 2013 and work shall start
after attending the Pre-Construction Conference (Notice to Proceed). The City of
Aspen has set the date for Pre-construction Conference on August 16, 2013 at 10 am
in City Hall.
2.02 Following the Notice to Proceed, the Contractor shall execute the Work with due
diligence and shall fully complete in every detail of the Work to be done under this
Contract after issuance of the building permit. 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 the date set for a
Mandatory Pre-construction Conference.
2.03 All Work shall be one hundred percent (100%) complete for this phase of the
project on or before December 31, 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 Design
Engineer. 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 and reimbursed by Owner.
4.0 PROJECT MANAGER AND THE CITY'S REPRESENTATIVE:
The Project Manager and the City's Representative for this project shall be a member of the City
Capital Asset Department and shall be designated and changed as necessary by the Capital Asset
Director.
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City of Aspen-Special Conditions .
Unless provided in writing by the Capital Asset Director, 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 Manager 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 Manager" and "City's Representative" shall
refer to the Project Manager and the City's Representative named by the Capital Asset Director.
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 pending issuance of the building permit. 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 project if nessasary, 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 Project Manager, 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.
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
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City of Aspen-Special Conditions .
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. 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
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
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-Conditions City of Aspen:_�cial .
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 Capital Asset
Director. 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.
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.
• .. Page 4
City of Conditions .
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 Project Manager. 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 Project Manager. 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(right of way) is not otherwise
available for a Contractor's disposal area.
12.0 WORKING HOURS:
Work will normally be permitted between 7:00 a.m. and 5:00 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.
16.0 PAYMENT RETAINAGE:
Retainage on Pay Estimates shall be 10%through the first 50%completion of Work.
17.0 WAIVER:
It is expressly understood and agreed that any waiver granted by the City Project Manager of any
term, provision or covenant of this Contract shall not constitute a precedent nor breach of same or
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City of Aspen Conditions .
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.
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
Page.
Conditions .
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 Project Manager, be
removed. Removal of such material shall be to the depth and horizontal limits specified by the
Project Manager with direction from the Capital Asset Director and the City Engineer. Any such
areas which are over-excavated shall be filled to the subgrade elevation with aggregate base course
class 6. 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 ton actually installed and be paid under Sub-Excavation &
Backfill bid item.
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 Certified 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 Project Manager. No additional payments will made to the
Contractor.
SPCONI.doc (R-m-2008)
SCl-971.doc sci Page
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. The Contractor has 90 days from the date the City of Aspen Building Department
issues the permit,to achieve substantial completion.
Attest:
Corporate Seal-- �J 1��gel � � , ��� CCic.
Contractor 11
By: G'ma,sk
STATE OF COLORADO ) 5!.@�'G'k'Ql�t�I"rre0.5 W
SS.
COUNTY )
Before me ekL!:A a notary public and for N4 NLo 2 �
County, Colorado personally appeared known to
me personally to be the person(s) whose signature(s) in my presence this !�A-k -day of
A.D. 2013.
My commission expires:
WWy Notary Publi
gtils of Colorado
LI)
tuy 1020134015995 mission Expires Mu 5.1011
LI1-971.doc. *LD 1