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HomeMy WebLinkAboutcclc.mall construction bids.1976 ASPEN MALL Verbal Instruction to Bidders 9 March 1976 1. Page one, Paragraph two, Addenda one : The S600,000 figure is an approximate figure to be verified by the contractor during the bidding process. 2. Page three, Addenda one: (5 8.5) insert the words "open surface" between the words "the" and "water". 3. The contractor is to include in his overhead and profit figure funds necessary to execute the entire decorative and storm water system from the Glory Hole inlet to the . Rio Grande property as outlined in tie ��'ri ght 1cLauahi i n Report. This instruction supercedes the words "witHin / the limits of construction" in Paragraph 5.8.9 of the instructions to bidders. The underground subcontract will also be to this scope. 4. Owner Contractor Agreement, Article five: All wording saying "Guaranteed maximum cost" shall be changed to read "contractor' s fixed fee". cc: Phillip E;ahoney Dave Ellis Jim Furniss Bill Kane 5 MARCH 1976 THE ASPEN MALL ADDENDUM NO. ONE TO BIDDING DOCUMENTS ISSUED ON 3 MARCH 1976 TO: ARNOLD CONSTRUCTION HYDER CONSTRUCTION GREER CONSTRUCTION PERLMUTTER CONSTRUCTION ISSUED ON 4 MARCH 1975 TO: CROWN MOUNTAIN CONSTRUCTION INCLUDED IN THE ADDENDUM: Pages 1-6 Regular Meeting "Verbal Instructions to Bidders" March 4, 1976 Exhibit "A" Decorative water trans- mission diagram, March 5, 1976 _ -PEN MALL ADDENDUM NUMBER l RECORD OF PROCEEDINGS 100 Leaves FORM M C.F.ROECNEI B.8.a L.CO. Regular Meeting Verbal Instructions to Bidders March 4, 1976 The presentation, which was on the "Mall Construction Bid Packet" was given by Tony Coleman of Robin Molny Architect. Present at that meeting was City Manager Mahoney, and Jim Furness, Mall Development Director. The contractors present were Richard Arnold of Arnold Construction; John Gavin of Hyder Construction; Jack Perlmutter of Perlmutter Associates; Warren Bodie- of Greer Construction; and Dan Levinson of Crown Mountain Construction. Dan Levinson attended a meeting held on March 4, 1976 because he was unable to attend the meeting held on March 3 , 1976. Coleman' s Presentation Each bidder present was given a "Mall Construction Bid Packet" and designs of the mall and landscaping plans all prepared by Tony Coleman. Coleman, in his presentation, went through with all of the bidders the "Mall Construction Bid Packet" , and the design plans. Coleman asked that the following statements be made a record of for information for the bidders. Step Number One is the bidding of overhead and profit. The reason for the bid bond is to guarantee the City that once a bid is submitted, the contractor will stand by that bid and sign a contract with the City. That is all a bidding bond is. Once the dollar value is established on all the labor and material, you will be asked to increase your bid bond to the total amount of the contract cost of the project. It is anticipated that the contractor will be required to bond for $600, 000 to cover the contractor ' s portion of the mall project ($250, 000 was deducted from the contractor ' s estimate since the brick is being purchased by the city) . The Performance Bond - is required to insure the City that the contractor will successfully complete the overhead and profit portion of his contract. The contractor will be asked to extend the bond to include all labor and materials; at the successful completion of the subcontractor ' s bidding. Article 4 : Time of Commencement and Completion -- Coleman explained the scheduling. It is as follows: May 1, 1976 you will commence your work. By July 1, 1976 the City wants general beneficial occupancy of the streets and stores in the commercial district. It could be temporary boardwalk, just so people can get access. Alot of tax revenue will be lost if during the tourist season there is not access to the commercial core. The difference between May 1, 1976 to July 1, 1976 and from July 1, 1976 to August 1, 1976 is during May 1 to July 1 the City will be permitted to close stores down because of the work being done in front of shops for a predetermined period of time, with concent from the shop owner. During the July 1 to August 1 period, the City will not be permitted to close shops. There will have to be total access to the stroes so the downtown area doesn't suffer commercially from the construction in the mall. Overhead cost -- One thing that shouldn' t be included in the overhead cost is the field office. The field office will be an office that the City has in the first floor of the Wheeler Opera House which is on Mill Street. The city will provide the contractor with square footage, desks, drafting tables, and furniture. It will be the contractor ' s responsibility to provide . —1— Verbal Instruction to Bidde­ March 4, 1976 all of the overhead related costs (telephone, paper work, secretarys, etc. ) . Tony Coleman, Jim Furness and the contractor will have offices in the Wheeler Opera House. As far as storage of own field equipment, it will be the contractor ' s problem. However, if the City buys the Sinclair Site, that can be used for storage until it is torn down. The City will also be providing storage for the brick at the Rio Grande site. The city is purchasing the brick. It is under contract from the supplier to be transported to Woody Creek. The supplier will leave it at Woody Creek. The city will pick it up at Woody Creek. It will be the City ' s responsibility to get it to the Rio Grande. Once it is stock-piled at the Rio Grande, it will be the paving subcontractor ' s responsibility to get it from the Rio Grande to the job site ready for installation. Under the "Outline Specifications for the Aspen Mall" , Item D - Protection and Restoration of Property and Landscape -- It says the contractor shall be respon- sible for establishing the pre-existing conditions of all existing structures prior to commencing work. It is imparative that the conditions for all the store fronts are established before work is started. The city will photograph all the mall store fronts in detail. It will be the contractor ' s responsibility to record the photographs in their documents and to walk around with a representative from the City; probably Jim Furness, and confirm all the photographs, personally look at the cracks and so forth and make as many notes as is necessary to make sure the contractor has an understanding of the conditions of the store front. The reason being the City doesn' t want to be sued for things that they are not damaging. Any damage to the store fronts will be the responsibility of the contractor. There will be extensive utility work done within the mal that will not be the responsibility of the contractor . There will be a telephone conduit up Mill Street, undergrounding of all electrical and telephone lines within the City starting this spring. There is a possibility of major renovations to the sewer line down Galena Street. It is the responsibility of the general contractor to make sure that those agencies are warrend enough in advance according to the con- tractor' s construction schedule to perform their work. If the contractor gives the utility company sufficient notice, and the utility company still causes a delay, the contractor will be reimbursed for the dollar value of any losses that he may have accrued. The city will look very carefully at the management of the utilities being coordinated with the work. If the City feels the contractor has neglected in any way to warn anyone, then any loses of time and money incurred will be the contractors responsibility. Under F. DEMOLITION, paragraph 3 -- The City is concerne; about the fact that the brick veneer on the shops are built right on the sidewalks and the sidewalks support it, and what might happen to the store fronts if the sidewalk is just taken out. The city is recommending to saw cut all of the paving and sidewalks 2" away from the front of the building and to remove the 2" portion that can be feasibly removed without any major rennovations to store fronts. Coleman said that he would be present to make spot judgements as to where the sidewalks should be removed and where it shouldn ' t be removed. When the paving is put in, the paving will be stopped approximately 12" away from the store -2- .PEN MALL ADDENDUM NUMBER RECORD OF PROCEEDINGS 100 Leaves FORM 4 C.F.KOECKEL!.B.•L.CO. Regular Meeting Verbal Instruction to Bidders March 4, 1976 fronts; because the store fronts run in and out and are very irregular. That proportion will be poured between the paving and the store fronts with concrete to match the color of the paving. The paving material is brick that will be purchased by the City. The important thing is the method of instal- lation. The brick laying is a priority specification, it is not just a sand set mix. The brick setting bed is a bituminous and sand combination. It is an important detailed step because the City doesn' t want to have trouble with paving in the future. The brick installation is a spec based on Hastings Brick Company from New York State. A representative from Hastings will be in Denver starting Monday, March 8 , 1976. Coleman mentioned that he has received a call from the representative from Hastings and the rep. said that he would make himself available to all bidders to discuss with them the method of installation technique and will talk to the contractor about scheduling, etc . Coleman went back to explain more thoroughly the section under the Instruction to Bidders, page 6, article 5. 8 . Coleman described what the city is responsible for and what the contractor is responsible for. (5. 8 . 1) The demolition will be the contractors respon- sibility, with the exception of the removal of planters, trees, and benches existing in the existing mall. (5. 8. 2) The contractor will be responsible for excava- tion and grading. (5. 8 . 3) The contractor is responsible for site prepara- tion. (5.8. 4) Planting materials and landscaping is the City ' s responsibility. It will be the contractor ' s respon- sibility to rough grade and landscape areas sufficient enough to put the four inch of top soil and planting and sod. The planting, top soil, and sod is the respon- sibility of the City. (5. 8 . 5) The contractor is responsible for all paving surfaces and concrete work within the area of the mall. The city is responsible for the water ways. (5. 8. 6) The City wants all bases and foundations to be brought up to grade and then the City will put the street furniture in place. (5. 8 . 7) It will be the contractor ' s responsibility to put the bases in for the lights, and the City ' s responsibility to put the conduit and the underground electric, etc. The only conduit that the contractor will have to provide is the conduit that goes through the base of the fixture. All fixtures will be furnished by the City. (5. 8. 8) Repair of storefront damage is under allowance. (5. 8. 9) Subsurface and decorative water systems -- Coleman mentioned a report at the end of the manual in which the scope of all underground water services can be found. Whether it be storm surfaces or decora- tive water. The only portion of that underground that the contractor is responsible for is that portion that falls within the area defined as limits of construction. In otherwords, the five street mall program. There is undergrounding that comes from the glory hole down to the mall and undergrounding that goes from the mall to the Trueman property. The line that goes from the mall to the Trueman property is not the contractor' s responsibility. -3- Verbal Instructions to Bidders March 4, 1976 (5. 8 . 10) Temporary sidewalks and lighting will be the responsibility of the contractor. There is the sum in estimates for that work. Coleman would like that varified and included in the contractor ' s labor and material bid later on. (5.8. 11) Temporary sidewalks and lighting will be part of the labor and material sub-contract bidds and not part of the overhead and profit of the project. The items that are not included in the profit and overhead are those items that the City is not providing in the field office, temporary toilets, and anything necessary to maintain the contractors field staff . In reference to the subcontractors bidding -- There will be those items that logically cannot be bid competively. For example, probably clean-up cannot be bid competively. Sidewalks and tempered lighting probably couldn ' t be bid. The City is only aksing the contractor to sub-bid those items which can be logically sub-bid. If there is an item the City doesn' t feel can be bid competively, the City will be asking for a lump sum from the contractor and they may be verified from other sources. For additional breakdown of responsibilities; the con- tractor will see the detailed cost estimate for the project which is included in the bidding documents. The detailed cost estimate is for the contractor ' s use only and is not to be seen by anybody but the contractor and his managerial staff. It takes competitivness out of the bidding process . All debris and demolition of material that is of any landfill use will be used out at the city golf course so there will be no dump fees involved. It will be the responsibility of the contractor to get the debris from the site out to the golf course. Those items that are not useable for landfill, for example, paper wastes, etc . will have to go to the dump and the contractor will have to absorb the fees for that. The cost estimate -- on the master copy of the cost estimate, which is the fifth page in from the front, there was an item left out near the bottom. There is sub total of contract prices totalling $1, 085, 964 . There should be a line added which is for professional fees of $40, 000 . Thus the sum should be $1, 125, 164. The Wright-McLaughlin design process is not as far along as the architectural, for many reasons. The project wasn't defined soon enough for Wright-McLaughlin to do any constructive work. The report is what they feel is necessary to install the decorative water systems and the storm water systems. Included is a cost breakdown of the work that falls within the mall and the work outside the mall. There is enough information on pipe size and the scope of work for the contractor to go to a sub-contractor and get some ideas from him relative to the length of time it will take him to do the project. From that the contractor can determine overhead and profit. The thing missing from the Wright-McLaughlin report is there is not a schematic diagram of the storm water system. They show the streets, the pipe sizes, and the inlets and that is sufficient enough to give the contractor a schematic feeling for the scope of the work. They have not indicated the scope of the underground decorative water systems within the mall itself. Part of the addendum will be a schematic diagram of under- ground decorative water system within the mall so the contractor will have both of the systems defined to be able to establish the overhead and profit figure. -4- ASPEN MALL ADDENDUM NUMBER 1 RECORD OF PROCEEDINGS 100 Leaves ►OHM M C.F.HOECKEL B.B.B L.CO. Regular Meeting Verbal Instruction to Bidders March 4 , 1976 The only thing that won' t be found in the drawings is what the new street profile will look like . There are existing grades and what the existing street make-up is; but not what the new shape of the street will look like. At present there are sidewalks, gutters , and a crowned street. That philosophy is being reversed and the grade at all buildings is being maintained as the sidewalk is now. The sidewalk will be removed and replaced by the paving to the same grade of the existing sidewalks at the building facade. We are sloping towards the center now in lieu of crowning; so it is a reversed crown and the average cut at the center line of the street is one foot. There is zero cut at the buildings with approximately one foot cut at the center line. The limits of construction is the width of the street; the 75 foot right-of-way. Therefore, by going to either side of the center line of the street, half of 75 , you will get the limits of construction at present. However, areas such as Incredible Edibles, the Shaft or other areas where the sidewalk goes into recesses at the fronts of the building and falls on private property. During the contract document phase, the City will be going to each individual property owner that falls into these conditions and request from him written approval to extend the paving material in front of his building. Thus, the scope of the project may vary slightly due to approvals of landowners to go into depressed doorways . DISCUSSION ON THE DESIGN PLANS A-1 -- The decorative water first appears after its underground trip from the glory hole down at the fountain in the Hunter Node. The water will appear in a low key water fountain. Then it will go underground for a very short portion between the fountain and the landscape area and from there on it is on the surface. The contractor ' s responsibility is to bring it from the fountain, under the paving into the landscape area then as part of an open ditch which the city will build down to the other end of the street. A-2 -- At the end of the landscaped area on Cooper Street East there will have to be underground piping provided for connection between that landscaped area and the landscaped area on Cooper Street West. In other- words running east-west across Independence Square. The is also a connection running north-south running north on Galena Street up to the beginning of a land- scaped area and open irrigation ditches on Galena Street. A-5 -- On Mill Street South there is an interface between the mall project and the existing street. Although there is limited construction with an arrow there is also a triangle drawn saying "adjust street grades to match mall paving" . Since the street is going from a crown street to a depressed street within the mall, there will have to be a grade transfer. The paving will have to be cut back in the existing street enough to feather the grades down to the mall. it will be the contractor ' s responsibility to cut the -5- i e� Verbal Instructions to Bidders March 4, 1976 paving back and make the grade transition between the existing street in the mall . That will also occur at the intersection of Galena and Hyman and Mill and Hyman. A-5 -- Mill Street North, the play area. The contractor will be responsible for the foundations on the public toilets, the children ' s play structure, and any necessary foundations for retaining walls, swings or slides. Retaining walls, berms kids play strucures, toilets etc. will be the responsibility of the City. There are sanitary and water required for the public toiltes and will be the responsibility of the contrac- tor since that is underground work. The contractor will have to provide water and sewer to the site of the public toilets and the city will take it from there. 1 A-7 -- Interfaces between the mall and the existing streets . The streets have to be matched in, As a way of indicating that the traffic is going through the malled area, on both the Wheeler Node and the Aspen Node there is brick paving grid; so the contractor will have to tear up the existing street paving in the area grided off, put down a brick grid as indicated, an then fill in the grid with black top again. It will appear as a black topped street, but will have the grid pattern in it as a signal to drivers that they are passing through a pedestrian area. LANDSCAPE DRAWINGS On the Landscaped drawings - the way to discern a bridge and a bench is the bridge is the square item across the landscaped area. The bridges are noted as crossing the landscaped area and are approximately square and have an "X" on each side. The bridge is the City ' s responsibility. The grade beam for the bridge is the contractor ' s responsibility. The benches are along either side of the center roadway and are small rectangles about 1/8 of an inch wide and 3/4 of an inch long. Contractor ' s responsibility is to put the base in. City' s responsibility is to provide the bench. All fire hydrants relocations within the mall area will be done by the City water department. L-8 -- The final drawings I are survey drawings provided by a local surveyor giving grades, building configurations, and as much as they could find out about underground utilities. When the contractor field inspects the site to find out if there are any additiona utilities that the surveyors overlooked will be the responsibility of the contractor. An example is a waterline running down the center of Cooper Street. The water lines are running into each building but are not shown on the drawings. At the time the inventory is done on all streets, there will also be done an underground inventory of utilities. This will take place between March 17 and the start of construction. There will be a good set of utility drawings of those streets before start of demolition. The city has agreed, prior to construction,, to go out with paint and . mark on the pavement surfaces, locations of all utilitie that are on record and note on the paving whether the utilities are to be removed, or remained, or relocated. The City will give the contractor a status of all services under the street and above the street before the start of construction. See Exhibit "A" Attached. 4 Q - t A /J ' iL w S ._ '."'i'r'e\ ':°"'1",. '�•e'.Y"" � 't�`.. Y HYMAM 2N �� 7 j J 1. �`). .). .r•J•�.•�J°t•'•;-J 1 � � � t \\Vy\\\` s- • J ' •�J }:;•).1.l'),.).1 /J / ). /, �'(��.�'at•4'-a:���7�,a.�.�.v...t �M'>r'•1�.1 , �. �T d ,r J `%) ►) I i�..) r^ �J'J rl�l.'�f..-..: .:.rr:.I �?� ••�.i;..1 +/3 •=ia 'J7%�♦/ �3J•)ti .C.�r.•(jt�.Lt'�•'�!`. •�t 1 .ice r/ ' � �. •.�, J•• .r' ri' N . r DU PANT � 1 ("..._..._..'1 • . 'sly �► CITY OF ASPEN aspen ,colorado, $1611 box v MEMORANDUM (CONFIDENTIAL) TO: BSI Ci: I+SA,AOIV L i FROM: JIM FURNISS DATE : MARCH 4, 1976 RE : MALL BIDDERS It is apparent that after our conversation with Dick Arnold this morning that he cannot bid on the general contracting for the Mall. His reason for withdrawal is because he cannot get bonded for the million dollars. However, I feel that it is imporant that the general contractor who is chosen has the capability of being bonded to that amount due to the complexity of the project. One other point regarding the Mall is that the City should make the final decision on the engineering firm that will design the underground utilities in the Mall and outside the Mall. The architects should give a recommendation, however, the final decision is the City' s . JF/pm o 0 GREEN ACRES NURSERY CO. 12650 RALSTON ROAD • ARVADA, COLORADO 80004 PHONE (303) 423-7250 December 18, 1975 Phil Mahoney - Manager City of Aspen 130 So. Galena City Hall Aspen, Colorado Dear Mr. Mahoney: We would be interested in giving you a bid on any landscape and sprinkler work that you may have at the Aspen Pedestrian Mall, and any other projects in the area that you may have available. We are enclosing one of our brochures with this letter. Please call us, if you have any questions. Thank you. Very truly yours, NURSER INC. Larry,. : Kee n Vic resident I,- LEK:ih Encl. `p tSCAPf Q _ ^ o - o a � vfgMERICa•�a� CITY ASPEN 'Ox December 2 , 1975 Mr. Charles Vander Kooi Lew Hammer , Inc. 23£35 South Lipan Street Denver, Colorado 80223 Dear Mr. Vander Kooi : Thank you for your recent letter and brochure . I am for- warding your letter to Mr. Bill Kane who is our Planning Director. We are presently in the design-development stage of our million dollar Mall , which we would like to start con- struction on April 1 , 1976. We will be in the bidding stage sometime in February, and would very much like you to keep in touch with our project. Sincerely, Philip S. Mahoney, Ph.D. City Manager PSM/pm cc: Mr. Bill. Bane R�O CITY F ASPEN aspen ,cclorado, 81611 box v March 15 , 1976 Mr. Dan Levinson Crown Mountain Const=ruction 180 Bennett Aspen, Colorado 81611 Dear Dan: The City of Aspen acknowledges receipt of your company' s bid on the Aspen Mall project. phis letter is to inform you that your bid has been rejected. Thank you for your interest. Sincerely, Philip S. Mahoney -- City Manager PSM/pm _ cc: Mr. Jim Furniss CITY OF ASPEN aspen ,colorado, 8'611 box v March 15, 1976 Mr. John O. Gavin Hyder Construction 4850 Jackson Street Denver, Colorado 80216 Dear John: The City of Aspen acknowledges receipt of your company' s bid on the Aspen Mall project. This letter is to inform you that your bid has been rejected. Thank you for your interest. Sincerely, Philip S. Mahoney City Manager PSM/pm cc: Mr. Jim Furniss i i A I INVITATION TO BID PROJECT: THE ASPEN MALL, ASPEN COLORADO I t t BIDS TRILL BE RECEIVED ON MARCH 12, 1976 AT THE ASPEN CITY HALL, 130 SOUTH GALENA STREET, ASPEN, COLORADO AT 3 : 30 P.ii. IN THE s r OFFICE OF THE CITY MANAGER. i f THE BIDS WILL BE OPENED PUBLICLY A14D WILL BE READ ALOUD AND AN ABSTRACT OF THE AMOUNTS OF THE BASE BIDS WILL BE MADE AVAILABLE i TO THE BIDDERS. i THE SCOPE OF THE PROJECT IS DEFINED AS A FIVE STREET PEDESTRIAN MALL WITH WORK INCLUDING DEMOLITION, EXCAVATION AND GRADING, SITE PREPARATION, PAVING, STREET FURNISHINGS , STREET LIGHTING, AMID UNDERGROUND STORM AND IRRIGATION WATER SERVICES. 7HE PROBABLE COST OF WORK TO BE INCLUDED IN THE BID IS $860, 657. 00. t WORK BEING BID AT THIS DATE INCLUDES OVERHEAD AND PROFIT CONTRACTOR FEES ONLY, ^HERE WILL BE SUBSEQUENT CONTRACT AGREEMENTS COVERING LABOR AND MATERIAL COSTS PROVIDED BY THE SUBCONTRACTORS AND/OR THE CON- TRACTOR RESULTING FROM COMPETITIVE BIDDING. THERE WILL BE A FINAL CONTRACT AGREEMENT BETWEEN THE OWNER AND SUCCESSFUL BIDDER OF 1 THIS BIDDING PROCESS WHICH WILL PROVIDE THE OWNER WITH A OWNER— CONTRACTOR AGREEMENT A DEPOSIT OF $75. 00 DOLLARS WILL BE REQUIRED FOR THREE COMPLETE SETS OF THE BIDDING DOCUMENTS WHICH WILL BE REFUNDED UPON RETURN 1 OF THE BIDDING DOCUMENTS. 1 A BID SECURITY IN THE AMOUNT OF TEN THOUSAND ($10, 000. 00) DOLLARS TO SECURE EXECUTION OF A CONTRACT BY THE SUCCESSFUL BIDDER WILL BE REQUIRED. j THE CONTRACT WILL BE AWARDED TO THE "LOWEST RESPONSIBLE BIDDER" WHICH SHALL BE DEEMED TO MEAN THE LOWEST BIDDER WHOSE OFFER BEST RESPONDS IN QUALITY, FITNESS AND CAPACITY TO THE REQUIREMENTS OF THE PROPOSED WORK, TAKING INTO ACCOUNT THE RESPONSIBILITY (INCLUDING FINANCIAL) AND RELIABILITY OF THE BIDDER, HIS SKILL, EXPERIENCE AND ABILITY TO PROMPTLY AND SATISFACTORILY COMPLETE THE CONTRACT. THE ISSUING PARTY OF THE OWNER—CONTRACTOR CONTRACTOR WILL BE THE CITY OF ASPEN, 130 SOUTH GALENA STREET, .'ASPEN, COLORADO 81611. t THE CONTRACT WILL BE ISSUED ON MARCH 17 , 1976 . f c 3t� f[S I i s { i i i i i a t: i INSTRUCTIOPIS TO BIDDERS - - CAPITAL IMPROVEMENTS TO THE ASPEN PEDESTRIAN MALL Article l : Definitions 1. 1 Bidding Documents include the Advertisement or Invitation to Bid, Instructions to Bidders, any bid form, other sample bidding and contract forms and the proposed Contract Documents including any Addenda issued prior to receipt of bids. 1. 2 All definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201 , or in other Contract Documents are applicable to the Bidding Documents. 1. 3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the bidding documents by addition, deletions , clarifications or corrections. 1. 4 A Bid is a complete and properly signed proposal to do the Work or designated portion thereof for the sums stipulated therein supported by data called for by the Bidding Documents. 1. 5 Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described as the base, to which Work may be added or deducted for sums stated in Alternate Bids. 1. 6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in project scope or materials or methods of con- struction described in the Bidding Documents is accepted. 1. 7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials or services as described in the Contract Documents. 1. 8 A bidder is one who submits a Bid for a prime contract with the -City for the Work described in the proposed Contract Documents . 1. 9 A Sub-bidder is one who submits a bid to a Bidder for materials or labor for a portion of the Work. Article 2 : Bidder' s Representation 2. 1 Each Bidder by making his bid represents that: 2. 1. 1 He has read and understands the Bidding Documents and his Bide is made in accordance therewith. 2. 1. 2 He has visited the site and has familiarized him- self with the local conditions under which the Work is to be performed. 1 2 . 1. 3 His Bid is based upon the materials, systems and equipment described in the Bidding Documents without exceptions. Article 3 : Bidding Documents 3 . 1. 1 Bidders may obtain from the Architect (unless ' another issuing office is designated in the Advertisement or Invitation to Bid) complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation. 'The deposit will be refunded to Bidders who submit a bonafide Bid and return the Bidding Documents in good condition within 10 days after receipt of Bids. The cost of replacement of any missing or damaged documents will be deducted from the deposit. A Bidder receiving a contract award may retain the Bidding Documents and his deposit will be refunded . 1 3 . 1. 2 Bidding Documents will not be issued to Sub- bidders or other unless specifically offered in the Adver- tisement or Invitation to Bid. j 3. 1. 3 Complete sets of Bidding Documents shall. be used in preparing bids ; neither the City nor the Architect assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 3. 1. 4 The City or Architect in making copies of the Bidding Documents availab.l-- on the above terms, do so only for the purpose of obtaining bids on the Pork and do not confer a license or grant for any other use. 3. 2 Interpretation or Correction of Bidding Documents 3. 2. 1 Bidders shall promptly notify the Architect of any ambiguity, inconsistency or error which they may dis- cover upon examination of the Bidding Documents or of the site and location conditions. 3. 2 . 2 Bidders requiring clarification -or interpretation of the bidding documents shall make a verbal request to the Architect at a open laceatthe AspenlCitytHall1onsMa�chidde19 ng 76cea � to take p 2 : 00 P.M. 3. 2. 3 Any interpretations or corrections of, or change to, the Bidding Documents will be made in the form of written addenda by the Architect to all bidders after a open verbal instructions to bidders meeting. Article 4 • Bidding Procedure 4. 1 Form and Style of Bids -2- 4 . 1. 1 Bids shall be submitted in duplicate on the_ forms provided by the Architect. 4 . 1. 2 All blanks on the bid form shall be filled in by typewriter or manually in ink. 4 . 1. 3 Where so indicated by the makeup of the bid form, sums shall be expressed in both words and figures , and in case of discrepancy between the two, the written amount shall govern. 4. 1. 4 Any interlineation, alteration or erasure must be initialed by the signer of the Bid. x'•. 1. 5 All requested alternates shall be bid. 4. 1. 6 Where there are two or more major items of work for which separate quotations have been mquested, Bidder may state his refusal to accept less than whatever combina- tion of the items he stipulates. 4. 1. 7 Bidder shall make no additional stipulations on the bid form nor qualify his bid in any other manner. 4 . 1. 8 Each copy of Bid shall include the legal name of Bidder and a statement whether Bidder is a sole proprietor, a partnership, a corporation, or any other legal entity, and each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the State of incorporation and have the corporate seal affixed. A bid submitted by an agent shall have a current Power of Attorney attached certifying agent' s authority to bind Bidder. 4. 2 Bid Security 4 . 2. 1 If so stipulated in the Advertisement or Invitation to Bid, each Bid shall be accompanied by a bid security in the reauired form and amount pledging that the Bidder will enter into a contract with the City on the terms stated in his Bid and will , if required, furnish bonds as described hereunder in Article 9 covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds , if required, the amount of the bid security shall be forfeited to the City as liquidated damages,, not as penalty. 4. 2 . 2 If a surety bond is required it shall be written in the form of AIA Document A310 , Bid Bond, and the Attorney in Fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of his Power of Attorney. -3- 4. 2. 3 The City will have the right to retain the bid security of Bidders until either (a) , the Contract has been executed and bonds, if required, Lave been furnished or (b) , the specified time has elapsed so that Bids may be withdrawn, or (c) , all Bids have been rejected. 4. 3 Submission of Bids 4 . 3. 1 All copies of the Bid, the bid security, if any, and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder' s name and address , and the portion of the project or category of work for which the Bid is submitted. If the Bid is sent by mail the sealed envelope shall be enclosed in a separate mailing envelope with the notation "BID ENCLOSED" on the face thereof. 4 . 3 . 2 Bids shall be deposited at the designated location prior to the time and date for receipt of bids indicated in the Advertisement or Inviation to Bid, or any extension thereof made by Addendum. ':ids received after the time and date for receipt of bids will be returned unopened. 4 . 3. 3 Bidder shall assume full responsibility for timely delivery at location designated for receipt of Bids. 4. 3. 4 Oral , telephonic or telegraphic Bids are invalid and will not receive consideration. 4. 4 Modification or withdrawal of Bid 4. 4 . 1 A bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and Bidder so agrees in submitting his Bid. 4. 4 . 2 Prior to the time and date designated for receipt of Bids, Bids submitted early may be modified or withdrawn only by notice to the party receiving Bids at the place and prior to the time designated for receipt of Bids. . 1 Such notice shall be in writing over the signature of the Bidder or be by telegram; if by telegram, written confirmation over the signature of Bidder must have been mailed and postmarked on or before the date and time set for receipt of Bids; it shall be so worded as not to reveal the amount of the original Bid. -4- i i 4 . 4. 3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. ` 4 . 4 . 4 Bid security, if any is required, shall be in 4 an amount sufficient for the Bid as modified or resubmitted. Article 5 : Additional Information for Bid i 5. 1 The probable construction period will commence on May 1, 1976, and substantial completion of the work should occur on or before August 1 , 1976. All contractors shall include, as part of their bids the projected commencement and the substantial completion date of the project. 5. 2 On April 20 , 1976, there will be conducted a municipal election to determine whether the existing malled area will be expanded to include Cooper Street (between Hunter and Galena) and Galena Street (between Cooper and Hyman) . In the event that subsequent to such election it is determined to not expand the mall to include these streets , these areas will be removed from the scope of the work and the contractor will be asked to renegotiate his (its) contract with the owner to reflect the reduced area to be improved. 5. 3 All bidders shall provide with their bids an itemized breakdown of all items included therein. This breakdown shall show in detail all materials, labor, overhead and project included in the bid. The purpose of such breakdown is to provide unit costs that can be used in verifying cost increases (or decreases) resulting from changes to the scope or content of the Work. 5. R! The successful bidder shall , upon execution of a contract with the City, make available (during normal business hours on request) to the City, Construction Manaaer, and the Architect, a member of his (its) organization capable of assisting in the following prior to commencement of construction: 5. 4. 1 Consultation with the Architect on all phases of the Working Drawings and Related Documents. 5. 4. 2 Ordering and expediting materials. 5.4 . 3 Selecting subcontractors. 5.4. 4 Making periodic cost estimates 5. 4. 5 Assisting construction scheduling. 5. 5 The Contractor shall, as soon as practical after the execution -of a contract with the City, provide the City with a detailed -5- critical path time schedule for the construction to which schedule he (it) agrees to conform. 5. 6 The Contractor shall , as soon as practical after the execution of his contract with the City, proceed with the selection of all subcontractors , materials and systems. It is the intention of the City to arrive at a Schedule of Values which will reflect stipulated figures for completion of all Work. Upon receiving all of the stipulated sum figures the contract between the City and Contractor will be amended to incorporate this figure with the agreed to Contractor' s Fee which total will constitute the Guaranteed Maximum Cost of the project. 5. 7 Bidding Documents include the following : Instructions to Bidders including Addenda Bid Bond Agreement Performance Bond Agreement Contractor ' s Qualification Statement Owner and Contractor Agreement Outline Specifications Probable Costs of Construction Design Development Drawings S1 - S9 Dated: March 3 , 1976 Al - A7 Dated: March 3 , 1976 L1 - L7 Dated: March 3 , 1976 5. 8 The scope of the Work as defined in the Contract Documents will not in total be the responsibility of the Contractor. A portion of the Work is to be performed by the City. The following is an allocation of the responsibilities: 4 . 8. 1 Demolition: The Contractor shall do all of the required demolition with exception of existing planters , planting and benches which will be removed by the owner prior to May 1, 1976. 5. 3. ?. Excavation and grading: Responsibility of Contractor. 5. 3. 3 Site Preparation: Responsibility of the Contractor. 5. 8. 4 Planting Materials and Landscaping: Responsibility of the Contractor initially; responsibility ends on completion of final accurate grading of the sub-soils below the finish top soil. The placement of topsoil, sod, trees, plants, etc. , Will be .the responsilility of the City. 5. 8. 5 Paving surfaces: All paving and concrete work are the responsiLility of the Contractor except the construction of the water ways within the landscape area. 5. 3. 6 Street furnishings : The Contractor shall be responsible for the construction of fountains , concrete bases for benches , footings for bridges , ootings for play structures and public toilets , -ith foundations up to finish grade. The City is responsible for placement of benches , bridges, bike racks , trash receptacles, play structures , and the restroom structure. 5. 8. 7 Street lighting : The Contractor shall be responsible for only the concrete foundations and bases for the lights. All electrical work and fixtures will be the responsibility of the City. E 5. 8. 8 Repair of storefront damage : Responsibility of Contractor (under allowance) . { 5. 8 . 9 Subsurface and decorative water : The systems installed under the mall within the limits of constriction shall be the responsibility of the Contractor. All water systems outside the limits of constriction are the responsibility of the City. 5. 8. 10 Temporary sidewalks and lighting: Responsibility of the Contractor. 5. 8. 11 For additional breakdowns of responsibility see the Probable Costs of Construction. The Estimate titled "Master" reflects the entire scope of the project. The Contractor copy reflects the Contractor' s scope of work. 3 Article 6 : Consideration of Bids 6. 1 opening Bids 6. 1. 1 Unless stated otherwise in the Advertisement or Invitation to Bid the properly identified Bids received on time will be opened publicly and will be read aloud, and an abstract of the amounts of the Base Bids and major Alternates , if any, will be made available to Bidders. ".'hen it has been stated that Bids will be opened privately, an abstract of the same information may be made available to the Bidders within a reasonable time. 6. 2 Rejection of Bids 6. 2. 1 The City shall have the right to reject any or all Bids and in particular to reject a Bid not accompanied by any required bid security or data required by the Bidding Documents or a Bid in any way incomplete or irregular. 6.3 Acceptance of Bid (Award)_ 6. 3. 1 The City shall have the right to waive any informality or irregularity in any Bid received. 6. 3 . 2 It is the intent of the City, if it accepts any Alternates, to accept them in the order in which they are listed in the bid form, buq the City shall have the right to accept alternates in any order or combination and to determine the low Bidder on the basis of the sum of the Base Bid and the Alternates accepted. j 6. 3. 3 It is the intent of the City to award a contract to the lowest responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents, is judged to be reasonable , and does not exceed the funds available. Article 7 : Qualifications of Contractors Bidders to whom an award of a contract is under consideration shall submit to the Architect upon his request a properly executed Contractor ' s Qualification Statement, A. I .A. Document A305 , unless such Statement has been previously required and submitted as a pre- requisite to the issuance of Bidding Documents. Article 8 : Post-3id Information 8.1 Submissions 8. 1. 1 Unless waived by the Architect, the Bidder shall, as soon as practical after notification of selection for the award of the contract for the Work, submit the following information to the Architect: . 1 A designation of the Work to be performed by the Bidder with his own forces. . 2 The proprietary names and the suppliers of principal items or systems of material and equipment proposed for the Work. . 3 A list of names of the Subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work. 8. 1. 2 The Bidder will be required to establish to the satisfaction of the Architect and the City the reliability and responsibility of the proposed Subcontractors to furnish and perform the Work described in the Sections of the Specifications pertaining to such proposed Subcontractors ' respective trades. -8- 1 I I 8 . 1. 3 Prior to the award of the Contract, the Architect will notify the Bidder in writing if either the City or the Architect, after due investigation , has reasonable and substantial objection to any person or organization on such list. If the City or Architect has a reasonable and substantial objection to any person or organization on such list, and refuses in writing to accept such person or organization, the Bidder may, at his option, (1) withdraw his bid, or (2) submit an acceptable substitute Subcontractor with an increase in his bid price to cover the difference in cost occasioned by such substitution. The City may, at his discretion, accept the increased bid price or he may disqualify the Bidder. In the event of either withdrawal or disqualificaiton under this Subpara- graph, bid security will not be forfeited,notwithstanding anything to the contrary in Paragraph 4 . 4 . 1. 8. 1. 4 Subcontractors and other persons and organizations proposed by the Bidder and accepted by the City and the Architect must be used on the Work for which they were proposed and accepted and shall not be changed except with the written approval of the City and the Architect. Article 9 : Performance Bond and Labor and Material Payment Bond 9. 1 City' s Right to Require Bonds 9. 1. 1 The City shall have the right, prior to the execution of the Contract, to require the Bidder to furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising thereunder in such form and amount as the City may prescribe and with such sureties secured through the Bidder ' s usual sources as may be agreeable to the parties. f the furnishing of such bonds is stipulated in the Bidding Documents, the premiums shall be paid by the Bidder; if required by the City subsequent to the submission of bids , the cost shall be reimbursed by the Owner. 9. 2 Time of Delivery and Form of Bonds 9. 2. 1 The Bidder shall deliver the required bonds to the City not later than the date of execution of the Contract, or if the Work is commenced prior thereto in response to a letter of intent, the Bidder shall , prior to commencement of the Work, submit evidence satisfactory to the City that such bonds will be furnished. 9. 2. 2 Unless otherwise specified in the Bidding Documents , the bonds shall be written in the form of AIA Document A311 , Performance Bond and Labor and Material Payment Bond. 9. 2 . 3 The Bidder shall require the Attorney in Fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of his Power of Attorney -9- 3 Article 10: Form of Agreement between Owner and Contractor Unless otherwise provided in the Bidding Documents , the Agreement for the Work will be written on the Standard Form of Agreement between Owner and Contractor where the basis of payment is a Stipulated Sum, AIA Document AIII Cost of the Work Plus a Fee, as modified. t E r 1E i f I I I I� THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT A310• BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name,address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATFRIAL PAYMFNT BOND • AIA © q FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1'15 N.Y.AVE., N.W.,WASHINGTON, D. C. 20006 1 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the Whenever Contractor shall be, and declared by Owner cost of completion less the balance of the contract price; to be in default under the Contract, the Owner having but not exceeding, including other costs and damages performed Owner's obligations thereunder, the Surety for which the Surety may be liable hereunder, the amount may promptly remedy the default, or shall promptly set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall 1) Complete the Contract in accordance with its terms mean the total amount payable by Owner to Contractor and conditions, or under the Contract and any amendments thereto, less 2) Obtain a bid or bids for completing the Contract in the amount properly paid by Owner to Contractor. accordance with its terms and conditions, and upon de- Any suit under this bond must be instituted before termination by Surety of the lowest responsible bidder,_ the expiration of two (2) years_from the date on which or, if the Owner elects, upon determination by the final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of the Owner. Signed and sealed this day of 19 (Principal) (seal) (Witness) (Title) (Sure t),) (Seal) (Witness) (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA On FEBRUARY 1970 ED.• THE AMERICAN INSTITUTE OF ARCHITECTS,173S N.Y.AVE., N.W.,WASHINGTON, D.C. 20006 2 THE AMERICAN INSTITUTE OF ARCHITECTS - N AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of CC (Here insert a sum equal to at least one-half of the contract price) Dollars for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name,address and description of project) in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • A!A FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., N.W.,WASHINGTON, D. C. 20006 3 I LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part of or certified mail; postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in anv manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every not be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any lase controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such lase. claimant, and have execution thereon. The Owner shall t not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the F by any claimant: district in which the Project, or any part thereof, is sit- uated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and € notice to any two of the following: the Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of 5 days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount f for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this day of 19 (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LA13OR AND MATERIAL PAYMENT BOND • AIA (k) FEBRUARY 1970 ED.•IIIE AMERICAN INSTITUTE OF ARCHITECIS,17.35 N.Y.AVE., N.W.,WASHINGION, D. C. 20006 4 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A305 Contractor's Qualification Statement Required in advance of consideration of application to bid or as a qualification statement in advance of award of contract. Approved and recommended by The American Institute of Architects and The Associated General Contractors of America. The Undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter. SUBMITTED TO: Co Corporation ❑ Partnership ❑ Individual ❑ SUBMITTED BY: Joint Venture ❑ NAME: Other ADDRESS: PRINCIPAL OFFICE: (Note: Attach Separate Sheets As Required) 1.0 How many years has your organization been in business as a general contractor? 2.0 How many years has your organization been in business under its present business name? 3.0 If a corporation answer the following: 3.1 Date of incorporation: 3.2 State of incorporation: 3.3 President's name: 3.4 Vice-president's name(s): 3.5 Secy's or Clerk's name: 3.6 Treasurer's name: AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • SEPTEMBER 1969 EDITION - AIAO 0 1969 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D. C. 20006 4.0 If individual or partnership answer the following: 4.1 Date of organization: 4.2 Name and address of all partners. (State whether general or limited partnership.): 5.0 If other than corporation or partnership, describe organization and name principals: Ce 6.0 We normally perform % of the work with our own forces. List trades below: 7.0 Have you ever failed to complete any work awarded to you? If so, note when, where, and why: AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • SEPTEMBER 1969 EDITION • AIAO ©1969 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D. C. 20006 2 8.0 Has any officer or partner of your organization ever been an officer or partner of another organi- zation that failed to complete a construction contract? If so, state circumstances: 9.0 List name of project, owner, architect, contract amount, percent complete and scheduled completion of the major construction projects your organization has in process on this date: 10.0 List the name of project, owner, architect, contract amount, date of completion, percent of work with own forces of the major projects your organization has completed in the past five years: AIA DOCUMENT A305• CONTRACTOR'S QUALIFICATION STATEMENT • SEPTEMBER 1969 EDITION • AIA® 0 1969 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D. C. 20006 3 11.0 List the construction experience of the principal individuals of your organization: I J 12.0 List states and categories in which your organization is legally qualified to do business: 13.0 Trade References: k AIA DOCUMENT A305• CONTRACTOR'S QUALIFICATION STATEMENT • SEPTEMBER 1969 EDITION • AIAO 0 1969 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D. C. 20006 4 14.0 Bank References: 15.0 Name of Bonding Company and name and address of agent: 16.0 Attach Statement of Financial Conditions, including Contractor's latest regular dated financial statement or balance sheet which must contain the following items: Current Assets: (Cash, joint venture accounts, accounts receivable, notes receivable ac interest on notes, deposits, and materials and prepaid expenses), net fixed assets and other assets Current Liabilities: (Accounts payable, notes payable, accrued interest on notes, provision for income taxes, advances received from owners, accrued salaries, accrued payroll taxes), other liabilities, and capital (capital stock, authorized and outstanding shares par values, earned surplus). c Date of statement or balance sheet: Name of firm preparing statement: AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • SEPTEMBER 1969 EDITION • AIAO ©1969 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D. C. 20006 5 17.0 Dated at this day of 19 Name of Organization: By: Title: 18.0 M being duly sworn deposes and says that he (she) is the of , Contractor(s) and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of 19 Notary Public: My Commission Expires: t t AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • SEPTEMBER 1969 EDITION • AIA® ©1969 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D. C. 20006 6 A G R E E M E N T THIS AGREEMENT made and entered into this day of , 1976, between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City") and (hereinafter referred to as "Contractor") wherein it is stipulated and agreed as follows: RECITALS t 1. The City wishes to construct improvements to the Aspen Pedestrian Mall in the Spring of 1976, and contract for the employment of a general contractor to provide the needed supervision of the con- struction and assume the responsibility of procuring subcontractors to supply labor and materials for the project. 3 2. The Contractor has submitted the most acceptable offer received by the City to undertake the project and the responsibilities i r enumerated hereafter. i THEREFORE, in consideration of the mutual benefits to be r derived herefrom, it is agreed by the parties as follows: i Article 1: Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions) , Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all modifications issued subsequent thereto. These form the i Contract, and all are as fully a part of the Contract as if attached to j a this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 16. If anything in the General Conditions 1 is inconsistent with this Agreement, the Agreement shall govern. Article 2: The Work r The Contractor shall supervise the Work and subcontract for '{ labor and materials required by the Contract Documents for the capital d improvements to the Aspen Pedestrian Mall. Pursuant to the requirements of the Instruction of Bidders, the Contractor has made a detailed bid t of his (its) time and costs for the construction of five (5) full blocks of improvements. In the event the City shall determine, after the special election scheduled for April 20, 1976, to proceed with improving only the existing three (3) block mall area, Contractor agrees to renegotiate this Agreement and contract to act as a general contractor for the reduced area of improvements at a fee based on the time and costs itemized in the bids previously accepted by the City. :article 3: The Contractor' s Duties and Status The Contractor accepts the relationship of trust and confidence established between him (it) and the City by this Agreement. I.e (it) covenants with the City to furnish his (its) best skill and judgment and to cooperate with the Architect and Construction Manager in furthering the interests of the City. He (it) agrees to furnish efficient business administration and superintendence and to use his (its) best efforts to furnish at all times an adequate supply of subcontracts for workmen and materials, and to perform the Work in the best way and in the most expeditious and economical manner consistent with the interest of the City. !' 'I Article 4: Time of Commencement and Completion i� The Work to be performed under this Contract shall be commenced on , 1976, and substantially completed I on or before , 1976. In the event the City shall i elect to improve only three (3) blocks of the mall area (as described '4 in Article 2) Contractor and City shall renegotiate the dates of I �i commencement and substantial completion with respect thereto. Failure to commence or complete the construction on the dates hereinabove specified or later negotiated shall cause an auto- matic penalty of One Hundred ($100. 00) Dollars per day to become immediately due and payable to the City from the Contractor (without • further demand) for each day the Contractor shall fail to commence or !R a complete construction. Penalties due may be withheld by the City from payments due the Contractor under the terms of this Agreement. Article 5: Guaranteed Maximum Cost The maximum Contractor's Fee calculated pursuant to the provisions of Article 6, including Contractor's costs and profit, is guaranteed by the Contractor not to exceed the sum of -2- Dollars ($ ) , provided that such maximum Contractor' s Fee may be decreased or increased for any changes made in the Work as authorized by Article 7. On completion of a Schedule of Values and calculation of the total cost of the project, Contractor shall enter into an Addendum to this Agreement agreeing to a Guaranteed Maximum Cost including both the Cost of Work and the Contractor's Fee. Such Guaranteed Maximum Cost may be decreased or increased for any changes made in the Work as authorized by Article 7. Article 6: Contractor' s Fee t 6.1 In consideration of the performance of the Contract, the City agrees to pay the Contractor in current funds as compensation for t his services a Contractor' s Fee including: 6.1.1 Salaries or other compensation to the Contractor's personnel at the Contractor's principal and branch offices for time attributable to the work con- tracted for by this Agreement. 6.1.2 Salaries of Contractor' s personnel employed at any field office at the construction site when per- forming supervisory or other functions. Personnel engaged in expediting the production or trans- portation of materials or equipment shall be considered as if stationed at the field office, and their salaries paid for that portion of their time spent on this work. 6.1.3 Overhead and general expenses of the Contractor' s i principal, branch and field offices reasonably I allocable to the work performed under this Agreement. 6.1.4 Any part of the Contractor' s capital expenses, including interest, on the Contractor's capital 'i �I employed for the work. 6.1.5 The proportion of reasonable transportation, traveling and hotel expenses of the Contractor or his (its) officers or employees incurred in -3- i i the discharge of duties connected with the Work. 6.1. 6 The cost of premiums for all bonds and insurance which the Contractor is required to maintain by the Contract Documents. i 6.1.7 Minor expenses such as telegrams, long distance telephone calls, telephone service, expressage, permit fees, royalties, lost deposits (if lost for reasons other than the Contractor's negligence) and similar cash items required in connection with E the Work. ! r 6.1. 8 The amount of Dollars ($ ) which is designated as the Contractor's profit under this Agreement. s 6. ' For Changes in the Work, the Contractor' s Fee shall be adjusted by negotiation on the basis of the Fee established for the original work. 6.3 The Contractor shall be paid ninety (90%) percent of the proportionate amount of his (its) Fee with each progress payment, and the balance of his (its) Fee shall be paid at the time of final payment. Article 7: Changes in the Work r. The City may make Changes in the Work in accordance with j Article 12 of the General Conditions insofar as such Article is consistent with this Agreement. The Contractor shall be reimbursed for additional costs attributable Changes in the Work as provided in i Article 8 herein, and the Contractor' s Fee shall be increased or de- ;s `9 i creased for Changes in the Work by negotiation as provided by t� Section 6.2. • Article 8: Costs to be Reimbursed The term Cost of the Work shall mean costs necessarily 's incurred in the proper performance of the work and paid by the Contractor. The following costs shall be reimbursed to the Contractor: i. 8. 1 Payments made by the Contractor to Subcontractors for work performed pursuant to subcontracts under this Agreement. -4- 8.2 Sales, use or similar taxes related to the work, and for which the Contractor is liable, imposed by any governmental authority. 8.3 Costs incurred due to an emergency affecting the safety of persons and property. 8.4 Costs in excess of the Guaranteed Maximum Cost (Article 5) if authorized pursuant to Article 7. 8. 5 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the City. Article 9: Costs *dote to be Reimbursed The term Cost of the Work shall not include any of the following items, none of which shall be reimbursable: 9.1 Costs due to the negligence of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, aut not limited to, the correction of defective or nonconforming work, dis- posal of materials and equipment wrongly supplied, or making good any damage to property. 9.2 The cost of any item not specifically and expressly included in the items described in Article 8. 9. 3 Costs in excess of the Guaranteed Maximum Cost unless attributable to a Change authorized pursuant to Article 7 of this Agreement. �I I Article 10: Discounts, Rebates and Refunds All cash discounts shall accrue to the Subcontractors unless the City has deposited funds with the Subcontractor with which to { make payments, in which case the cash discounts shall accrue to the City. All trade discounts, rebates and refunds, and all returns from the sale of surplus materials and equipment shall accrue to the s City, and the Contractor shall make provisions so that they can be secured. Article 11: Subcontracts I 11. 1 The Contractor, by acceptance of this Agreement, has -J agreed to supervise the construction of the proposed improvements and ti. 1i a! Ei ;r 1� procure necessary subcontractors to supply labor and materials for the project. All work not assumed by the Contractor under Articles 2 and 3 shall be performed under subcontracts entered into in the following manner: 11. 1. 1 The Contractor shall submit to competitive ' bidding all necessary subcontracts, and award such contracts to the lowest responsible , bidder after approval of the City and Construction Manager as provided by Article 16. 11.1.2 All subcontracts shall conform to the require- ments of Paragraph 5. 3 of the General Conditions. Subcontracts awarded on the basis of the cost of such work plus a fee shall also be subject to the provisions of this Agreement insofar as applicable. 11.2 Subcontract costs shall be at rates not higher than the standard paid in the locality of the work, except with the prior con- sent of the City; and wages paid for labor in the direct employ of the Subcontractor in the performance of the work shall be as required under applicable collective bargaining agreements, or under a salary or wage schedule agreed upon by the City and Contractor, and including such i welfare or other benefits, if any, as may be payable with respect there- to. TI 11. 3 Subcontract costs shall include: 'r# )E 11.3.1 Wages paid for labor. 11.3.2 Sales, use or similar taxes related to the Work and for which the Subcontractor is liable. `s 11.3. 3 Cost of all materials, supplies and equipmen t j s i� incorporated in the Work, including costs of E transportation thereof. r 11.3.4 Costs, including transportation and maintenance, s 1 of all materials, supplies, equipment, temporary a facilities and hand tools not owned by the work- ' men, which are consumed in the performance of the Work, and cost less salvage value on such items used but not consumed which remain the property -6- of the Subcontractor. 11. 3. 5 Rental charges of all necessary machinery and equipment, exclusive of hand tools, used at the site of the work, including installation, -inor repairs and replacements, clismantling, removal, transportation and delivery costs thereof, at rental charges consistent with those prevailing in the area. 11.3.6 The cost of removing all debris. 11. 4 The following items shall not be reimbursed on a time and material basis, but rather shall be paid for in a lump sum included in the Proposal Form: Vibrators; Compressors; Concrete buggies; Wheel- barrows, carts, etc. ; Vibrators and finishing machines; i"asonry tools; Brackets, scaffolding, and planks; Chutes; Conveyors; Mortar mixers, boxes, trays, boards, and stands; Small derricks; Small hand tools, including hammers, saws, crow bars, shovels, sledges, wrenches, etc. ; Torches, Heaters and salamanders, exclusive of fuel; Hoses; Jacks; Ladders; Pumps, Contractor' s shanties and storage sheds; Small tampers, such as Kelley tampers, and other hand tampers; tarpaulins and all temporary enclosures; Dower tools, such as drills, saws - portable and table,ram-sets, cutters, grinders, planers, and routers; and all other miscellaneous tools and equipment. I 11.5 Lump sum figures shall be established for all elements i itemised in this Article 11, it being the intent of the parties hereto, with respect to Articles 6 and 11 of this Agreement to arrive at a Schedule of Values which will reflect lump sum figures for all work a to be performed hereunder. Article 12: Accounting Records y u The Contractor shall check all materials, equipment and labor entering into the Work and shall keep such full and detailed accounts as may be necessary for proper financial management under this Agree- rnent, and the system shall be satisfactory to the City. The City shall be afforded access to all the Contractor' s records, 'gooks, 3' i� correspondence, instructions, drawings, receipts, vouchers, memoranda j ii and similar data relating to this Contract, and the Contractor shall preserve all such records for a period of three (3) years after the i final payment. -7- Article 13: Application for Payment The Contractor shall, at least ten (10) days before each progress payment falls due, deliver to the Architect a statement, r sworn to if required, showing in complete detail all moneys paid out i or costs incurred by him on account of the Cost of the Work during i the previous month for which he is to be reimbursed under Article 8 and the amount of the Contractor' s Fee due as provided in Article 6. Article 14: ."avments to the Contractor 14.1 The Architect will review the Contractor's statement of moneys due as provided in Article 13 and will promptly issue a t Certificate forpayment to the City for such amount as he approves, which Certificate shall be payable on or about the 15th or 31st day of 1 the month. r 14.2 Final payment constituting the unpaid balance of the f Cost of the Work and of the Contractor's Fee, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed and a final Certificate for Payment has been issued by the Architect. Tinal payment shall be due thirty (30) days after the date of issuance of the final Certificate of Payment. t Article 15: Termination of the Contract 15. 1 The Contract may be terminated by the Contractor as :i provided in Article 14 of the General Conditions. FI 15.2 If the City terminates the Contract as provided in ' Article 14 of the General Conditions, it shall reimburse the Con- 1 tractor for any unpaid Cost of the Work due him under Article 8, plus (1) the unpaid balance of the Fee computed upon the Cost of the Work ?� l to the date of termination at the rate of the percentage named in ti ij Article 6, or (2) if the Contractor's Fee be stated as a fixed • sum, such an amount as will increase the payments on account of his iJ+ Fee to a sum which bears the same ratio to the said fixed sum as the Cost of the Work at the time of termination bears to the adjustedi Guaranteed Maximum Cost, if any, otherwise to a reasonable estimated 1 f Cost of the Work when completed. The City shall also pay to the Contractor fair compensation, either by purchase or rental at the i i election of the City, for any equipment retained. In case of such termination of the Contract, the City shall further assume and become i liable for obligations, commitments and unsettled claims that the i Contractor has previously undertaken or incurred in good faith in connection with said work. The Contractor shall, as a condition of receiving the payments referred to in this Article 15, execute and deliver all such papers and take all such steps, including the legal assignment of his contractual rights, and the City may require E for the purpose of fully vesting in it the rights and benefits of the I Contractor under such obligations or commitements. Article 16: Iiscellaenous Provisions t E 16.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the same meanings desigmtedin those Conditions. t t. 16.2 The Contract Documents which constitute the entire Agreement between the City and Contractor are listed in Article 1, E and, except for Modificationsissued after execution of this Agreement, i� are enumerated as follows: Instruction to Bidders (including Addenda) { Bid Bond Agreement Performance Bond Agreement Contractor' s Qualification Statement Ij Agreement (between City and Contractor) id outline specifications Probable Costs of Construction Design Development Drawinqs S1 - S9 Dated: March 3, 1976 Al - A7 Dated: March 3, 1976 L1 - L7 Dated: PRarch 3, 1976 16.3 The Contractor shall, at all times during the term of this Agreement, maintain a Class A Builder's license within the City of Aspen, abide by the Municipal Code provisions regulating such licensees, and require all his (its) Subcontractors to be appropriately -9- licensed by the City of Aspen. 16. 4 Contractor shall at all times maintain a performance bond in the amount of One Million ($1,000,000. 00) Dollars to guaranty the faithful performance of the terms of this Agreement, including the Guaranty of Maximum Cost described in Article 5. This Agreement executed the day and year first above written. e a THE CITY OF ASPEN, COLORADO I I By: i (Title) s CONTRACTOR 3y: (Title) ,f i. 'I 1 t� y t 1 i i The General Conditions of the contract for construction i shall be a modified form of A. I .A. Document A201/CM as follows : iff i Article 4 shall be amended as follows: Paragraph 4 . 4 . 1 shall be removed and inserted in Article 5 as Paragraph 5. 1. 4. Paragraph 4 . 4 . 2 becomes 4. 4 . 1. Change the word "Contractor" in Paragraph 4 . 4 . 1 to read as "Subcontractor. " ' f I k i S i s i : i I r i 1 1 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A201 1CM Construction Management Edition General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS MODIFICATION 0 TABLE OF ARTICLES .1. CONTRACT DOCUMENTS 9. PAYMENTS AND COMPLETION 2. ADMINISTRATION OF THE 10. PROTECTION OF PERSONS AND CONTRACT PROPERTY 3. OWNER 1-1. INSURANCE 4. CONTRACTOR 5. SUBCONTRACTORS 12. CHANGES IN THE WORK 6. SEPARATE CONTRACTS 13. UNCOVERING AND CORRECTION 7. MISCELLANEOUS PROVISIONS OF WORK 8. TIME 14. TERMINATION OF THE CONTRACT Copyright 1975 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. ALA DOCUMENT A201/CM•GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION IAN. 1775 LD. • AIAV • @1975 • THE AMERICAN INSTITUTE OF ARCHITECTS: 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 1 Insurance, Loss of Use ................................11.4 Property Insurance ....................................11.3 Insurance, Owner's Liability ...........................11.2 PROTECTION OF PERSONS AND PROPERTY .............10 Insurance, Property ...................................11.3 Insurance, Special Hazards ...........................11.3.5 Record Documents ...................................4.12 Insurance, Steam Boiler and Machinery ................11.3.2 Regulations ...................................4.7.2, 10.2.2 Interest .7.9.1 Rejection of Work ..............................2.3.9, 13.2 Interpretations and Decisions Releases of Waivers and Liens ....................9.7.3, 9.7.5 of the Architect ......................2.3.9 through 2.3.15 Responsibility for Those Performing the Work ......4.10, 9.7.1 Interpretations, Written ................1.1.1,1.2.5, 12.3, 12.4 Retainage ................................5.4.2, 9.7.3, 9.7.4 Review of Contract Documents by the Contractor ....1.2.2, 4.2 Labor and Materials ................................4.4,4.5 Royalties and Patents ..................................7.7 Labor and Material Payment Bond .......................7.5 Rights and Remedies ..................................7.6 Laws ...................................4.6, 4.7, 7.1, 10.2 Safety of Persons and Property ........................10.2 Liens ..........................................9.7.3f 9.7.5 Safety Precautions and Programs ............2.3.6, 2.3.8, 10.1 Loss of Use Insurance................................11.4.1 Samples, Shop Drawings and ....................2.3.17, 4.13 Schedule of Values ....................................9.2 Materials, Labor and ..............................4.4, 4.5 Schedule, Progress ....................................4.11 Minor Changes in the Work ................1.1.1, 12.3, 12.4 SEPARATE CONTRACTS .................................6 MISCELLANEOUS PROVISIONS ...........................7 Separate Contracts, Owner's Right to Award ..............6.1 Modifications of the Contract ......................1.1.1, 12 Shop Drawings and Samples ..............2.3.16, 2.3.17, 4.13 Mutual Responsibility of Contractors ....................6.2 Site, Use Of ........................................4.14.1 Special Hazards Insurance ............................11.3.5 Non-Conforming Work, Acceptance of Specifications, Organization of .........................1.2.4 Defective or .....................................13.3.1 Steam Boiler and Machinery Insurance ................11.3.2 Notice of Testing and Inspections ......................7.8 Stopping the Work ... .................................3.3 Notice to Proceed ...................................8.1.2 SUBCONTRACTORS ....... ..............................5 Notice, Written ......................................7.3 Subcontractor, Claims of ..........................5.3.1.4 Notices, Permits, Fees and .............................4.7 Subcontractor, Definition of ..........................5.1.1 Subcontracts, Award of ..........................1.2.4, 5.2 OWNER ...............................................3 Subcontractual Relations ...............................5.3 Owner, Definition of ..................................3.1 Substantial Completion and Final Payment ........2.3.14 9.7 Owner, Termination of the Contract by the .............14.2 Substantial Completion, Date of ...........2.3.19, 8.1.3, 8.2.3 Owner's Information and Services ......................3.2 Sub-subcontractor, Definition of ......................5.1.2 Owner's Liability Insurance ............................11.2 Subsurface Conditions ..............................12.1.6 Owner's Right to Carry Out the Work ...................3.4 Successors and Assigns .................................7.2 Owner's Right to Clean Up ......................4.16.2, 6.4 Supervision and Construction Procedures ..............4.3.1 Owner's Right to Award Separate Contracts ..............6.1 Superintendent, Contractor's ....................4.9.1, 10.2.5 Owner's Right to Stop the Work ........................3.3 Surveys ............................................3.2.1 Ownership of Drawings and Specifications ...............1.3 Taxes ............................................... 4.6 Patching of Work ....................................4.15 Termination by the Contractor .........................14.1 Termination by the Owner ........14.2 Patching of Work Under Separate Contracts ..............6.3 TERMINATION OF THE CONTRACT ......................14 Patents, Royalties and ................................7.7.1 Tests PAYMENTS AND COMPLETION ...........................9 ...........................................2.3.9p 7.8 Payment, Applications for ....2.3.5, 9.2.1, 9.3.1, 9.3.3, 9.4.1, TIME ..................................................8 Time, Definition of ....................................8.1 9.4.2,9.5.1,9.6.1,9.7.2 Time, Delays and Extensions of ...............8.3, 12.1, 12.2 Payment, Certificates for ................ 2.3.7, 2.3.19, 5.4.2, Title of Work .9.3.3 9.4,9.5.1,9.6.1,9.7.2 Payment, Failure of ...................................9.6 UNCOVERING AND CORRECTION OF WORK ............13 Payment, Final ..................................2.3.14, 9.7 Uncovering of Work .................................13.1 Payments, Progress ................................9.3, 9.4 Unit Prices ..................................12.1.3, 12.1.5 Payments to Subcontractors ............................5.4 Payments Withheld ....................................9.5 Use Of Site ..........................................4.14 Performance Bond .....................................7.5 Values, Schedule of ....................................9.2 Permits, Fees and Notices ..............................4.7 PERSONS AND PROPERTY, PROTECTION OF .............10 Waiver of Claims by the Contractor ....................9.7.6 Progress and Completion ..............................8.2 Waiver of Claims by the Owner ......................9.7.5 Progress Payments ................................9.3, 9.4 Warranty .......................................4.5, 9.3.3 Progress Schedule ....................................4.11 Words, Recognized Meaning of .......................1.2.3 Project, Definition of ................................1.1.4 Work, Definition of ..................................1.1.3 Project Loss or Damage Insurance ......................11.3 Written Notice ........................................7.3 AIA DOCUMENT A201/CM• GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION •CONSTRUCTION MANAGEMENT EDITION 4 )AN. 1975 ED. • AIA- • Ot 1975 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 200(X GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 as provided in Subparagraph 4.4.1 necessary for the CONTRACT DOCUMENTS proper execution and completion of the Work. It is not intended that Work not covered under any heading, 1.1 DEFINITIONS section, branch, class or trade of the Specifications shall be supplied Unless it is required elsewhere in the Contract 1,1,1 THE CONTRACT DOCUMENTS Documents or is reasonably inferable therefrom as being The Contract Documents consist of the Agreement be- necessary to produce the intended results. Words which tween the Owner and the Contractor, the Conditions of have well-known technical or trade meanings are used the Contract (General, Supplementary and other Condi- herein in accordance with such recognized meanings. tions), the Drawings, the Specifications, and all Modifica- 1.2.4. The organization of the Specifications into divi- tions thereto. A Modification is (1) a written amendment sions, sections and articles, and the arrangement of to the Contract signed by both parties, (2) a Change Drawings shall not control the Contractor in dividing Order, (3) a written interpretation issued by the Architect the Work among Subcontractors or in establishing the pursuant to Subparagraph 1.2.5, or (4) a written order for extent of Work to be performed by any trade. a minor change in the Work issued by the Architect pur- suant to Paragraph 12.3. A Modification may be made only 1.2.5. Written interpretations necessary for the proper after execution of the Contract. execution or progress of the Work, in the form of draw- 1,1,2 THE CONTRACT ings or otherwise, will be issued with reasonable prompt- ness by the Architect and in accordance with any The Contract Documents form the Contract. The Contract schedule agreed upon. Either party to the Contract may represents the entire and integrated agreement between make written request through the Construction Manager the parties hereto and supersedes all prior negotiations, to the Architect for such interpretations. Such interpreta- representations, or agreements, either written or oral, lions shall be consistent with and reasonably inferable including the bidding documents. The Contract may be from the Contract Documents, and may be effected by amended or modified only by a Modification as defined Field Order. in Subparagraph 1.1.1. 1.2.6 Nothing contained in the Contract Documents shall 1.1.3 THE WORK create any contractual relationship between the Architect The term Work includes all labor necessary to produce and the Contractor, between the Construction Manager the construction required by the Contract Documents, and the Contractor or between the Architect and the Con- and all materials and equipment incorporated or to be struction Manager except with respect to the obligations incorporated in such construction. of the Contractor under the provisions of Paragraphs 2.3.3 to provide safe access to the Work, 4.5.1 with reference 1,1,4 THE PROJECT to the warranty by the Contractor and 4.1£3 with reference The Project is the total construction designed by the to indemnification by the Contractor. Architect of which the Work performed under the Con- 1.3 OWNERSHIP OF DRAWINGS AND SPECIFICATIONS tract Documents may be the whole or a part. 1,3.1 Unless otherwise provided in the Contract DOCU- 1.2 EXECUTION, CORRELATION, INTENT AND ments, the Contractor will be furnished, free of charge, INTERPRETATIONS all copies of Drawings and Specifications reasonably nec- 1.2.1 The Contract Documents shall be signed in not less essary for the execution of the Work. than quadruplicate by the Owner and Contractor. If either 1.3.2 All Drawings, Specifications and copies thereof the Owner or the Contractor or both do not sign the Con- furnished by the Architect are and shall remain his prop- ditions of the Contract, Drawings, Specifications, or any erty. They are not to be used on any other project or of the other Contract Documents, the Architect shall generally published, and with the exception of one con- identify them. tract set for each party to the Contract, are to be returned 1.2.2. By executing the Contract, the Contractor represents to the Architect on request at the completion of the Work. that he has visited the site, familiarized himself with the local conditions under which the Work is to be per- ARTICLE 2 formed, and correlated his observations with the require- ments of the Contract Documents. ADMINISTRATION OF THE CONTRACT 1.2.3. The Contract Documents are complementary, and 2.1 THE ARCHITECT what is required by any one shall be as binding as if 2.1.1 The Architect is the person or organization licensed An required by all. The intention of the Documents is to to practice architecture and identified as such in the include all labor, materials, equipment and other items Owner-Contractor Agreement and is referred to through- AIA DOCUMENT A201/CM•GENERAL CONDi rIONS Or T11E CONTRACT IOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION )AN, '1975 ED. • AIAO • ©1975 • THE AMERICAN INSTITUTE Or ARCI111 ECTS, 1735 NEW YORK AVE., N.W., WASI IINGTON, D.C. 20006 5 out the Contract Documents as if singular in number and techniques, sequences or procedures, or for safety pre- ` s masculine in gender. The term Architect means the Archi- cautions and programs in connection with the Work, and feet or his authorized representative. neither will be responsible for the Contractor's failure to t 2,2 THE CONSTRUCTION MANAGER carry out the Work in accordance with the Contract 2.2.1 The Construction Manager is the person or organi- zation identified as such in the Owner-Contractor Agree- 2.3.9 The Architect will have authority to reject Work ment who is engaged to manage the construction of the and to require special inspection or testing, but shall 1 Project, and is referred to throughout the Contract Docu- take such action only after consultation with the Con- t ments as if singular in number and masculine in gender. struction Manager. Subject to review by the Architect, The term Construction Manager means the Construction the Construction Manager will have authority to reject Manager or his authorized representative. Work which does not conform to the Contract Docu- 2.3 CONTRACT ADMINISTRATION ments. Whenever, in his reasonable opinion, the Con- struction Manager considers it necessary or advisable to 2.3.1 The Architect and the Construction Manager will insure the proper implementation of the Contract Docu- provide Administration of the Contract as hereinafter ments, he will have authority to require special inspection described. or testing of the Work in accordance with Subparagraph 2.3.2 The Architect and the Construction Manager will 7.8.2 whether or not such Work be then fabricated, in- be the Owner's representatives during construction and stalled or completed. The foregoing authority of the Con- struction Manager will be subject to the provisions of until the issuance of the final Certificate for Payment. The Subparagraphs 2.3.10 through 2.3.15 with respect to inter- Architect and the Construction Manager will have author- pretations and decisions of the Architect. However, ity to act on behalf of the Owner to the extent provided neither the Architect's nor the Construction Manager's in the Contract Documents, unless otherwise modified by authority to act under this Subparagraph 2.3.9, nor any written instrument which will be shown to the Contractor. decision made by them in good faith either to exercise or All instructions to the Contractor shall be issued through not to exercise such authority shall give rise to any duty the Construction Manager, or responsibility of the Architect or the Construction 2.3.3 The Architect and the Construction Manager shall Manager to the Contractor, any Subcontractor, any of at all times have access to the Work whenever it is in their agents or employees, or any other person perform- preparation or progress. The Contractor shall provide safe ing any of the Work. facilities for such access so the Architect and the Con- struction Manager may perform their functions under the 2.3.10 The Architect will be, in the first instance, the > ; Contract Documents. interpreter of the requirements of the Contract DOCU- ments and the judge of the performance thereunder by 2.3.4 The Construction Manager will be responsible for both the Owner and Contractor. The Architect will, scheduling and coordinating the Work of all Contractors within a reasonable time, render such interpretations as on the Project. he may deem necessary for the proper execution or prog- I 2.3.5 The Construction Manager will review and process ress of the Work. all applications for payment by the Contractor, including 2.3.11 Claims, disputes and other matters in question final payment, and make recommendations to the Archi- between the Contractor and the Owner relating to the tect for certification for their payment. execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to 2.3.6 The Architect will make periodic visits to the site the Architect for decision which he will render in writing to familiarize himself generally with the progress and within a reasonable time. quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract 2.3.12 All interpretations and decisions of the Architect j Documents. On the basis of his on-site observations as shall be consistent with the intent of the Contract Docu- an architect, he will keep the Owner informed of the ments. In his capacity as interpreter and judge, he will progress of the Work, and will endeavor to guard the exercise his best efforts to insure faithful performance by Owner against defects and deficiencies in the Work of the both the Owner and the Contractor and will not show Contractor. The Architect will not be required to make partiality to either. exhaustive or continuous on-site inspections to check the ti quality or quantity of the Work. 2.3.13 The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of 2.3.7 Based on such observations, the recommendations the Contract Documents. j \l of the Construction Manager and the Contractor's Appli- cations for Payment, the Architect will determine the 2.3.14 Any claim, dispute or other matter that has been amounts owing to the Contractor and will issue Certifi- referred to the Architect, except those relating to artistic Cates for Payment in such amounts, as provided in Para- effect as provided in Subparagraph 2.3.13 and except any graph 9.4. which have been waived by the slaking or acceptance of final payment as provided in Subparagraphs 9.7.5 and 2.3.8 Neither the Architect nor the Construction Manager 9.7.6, shall be Subject to arbitration upon the written /will be responsible for construction means, methods, demand of either party. However, no demand for arbitra- AIA DOCUMENT A201/CM• GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION 6 JAN. 1975 ED. • AIAO • 01975 • 111E AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 f1 I i tion of any such claim, dispute or other matter may be be that of the former architect or construction manager. i made until the earlier of: Any dispute in connection with such appointments shall .1 The date on which the Architect has rendered be subject to arbitration. his written decision, or .2 the tenth day after the parties have presented ARTICLE 3 their evidence to the Architect or have been OWNER given a reasonable opportunity to do so, if the Architect has not rendered his written decision 3.1 DEFINITION by that date. 3.1.1 The Owner is the person or organization identified 2.3.15 If a decision of the Architect is made in writing as such in the Owner-Contractor Agreement and is re- and states that it is final, no demand for arbitration of a ferred to throughout the Contract Documents as if sin- claim, dispute or other matter covered by such decision gular in number and masculine in gender. The term may be made later than thirty days after the date on Owner means the Owner or his authorized representative. which the party making the demand received the de- cision. The failure to demand arbitration within said 3.2 INFORMATION AND SERVICES REQUIRED thirty days' period will result in the Architect's deci- OF THE OWNER sion becoming final and binding upon the Owner and the 3.2.1 The Owner shall furnish all surveys describing the Contractor. If the Architect renders a decision after arbi- physical characteristics, legal limits and utility locations tration proceedings have been initiated, such decision for the site of the Project. may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable 3.2.2 The Owner shall secure and pay for easements for to the parties concerned. permanent structures or permanent changes in existing 2.3.16 The Construction Manager will process all shop facilities. drawings and samples from the Contractor to the Archi- 3.2.3 Information or services under the Owner's control tect. shall be furnished by the Owner with reasonable prompt- 2.3.17 The Architect will review Shop Drawings and ness to avoid delay in the orderly progress of the Work. Samples as provided in Subparagraphs 413.1 through 3.2.4 The Owner shall issue all instructions to the Con- 4.13.8 inclusive. tractor through the Construction Manager. a 2.3.18 The Architect will prepare Change Orders in ac eordance with Article 12, and will have authority to order 3.2.5 The foregoing are in addition to other duties and minor changes in the Work as provided in Subparagraph responsibilities of the Owner enumerated herein and 12.3.1. especially those in respect to Payment and Insurance in Articles 9 and 11 respectively. 2.3.19 The Construction Manager will assist the Archi- tect in conducting inspections to determine the date or 3.3 OWNER'S RIGHT TO STOP THE WORK dates of Substantial Completion and final completion, 3.3.1 If the Contractor fails to correct defective Work will receive and review written guarantees and related or persistently fails to supply materials or equipment in documents required by the Contract for transmittal to the accordance with the Contract Documents, the Owner Architect. The Architect will issue a final Certificate for may order the Contractor to stop the Work, or any por- Payment. tion thereof, until the cause for such order has been eliminated. 2.3.20 The duties, responsibilities and limitations of authority of the Architect and the Construction Manager 3.4 OWNER'S RIGHT TO CARRY OUT THE WORK as the Owner's representatives during construction as set 3.4.1 If the Contractor defaults or neglects to carry out forth in Articles 1 through 14 inclusive of these General ' the Work in accordance with the Contract Documents Conditions will not be modified nor extended without or fails to perform any provision of the Contract, the written consent of the Owner the Contractor, the Archi- wner ma' O tect and the Construction Manager. y, after seven days' written notice to the Con- j tractor and without prejudice to any other remedy he 2.3.21 Neither the Architect nor the Construction Man- may have, make good such deficiencies. In such case an ager will be responsible for the-acts or omissions of the appropriate Change Order shall be issued deducting from Contractor, any Subcontractors, or any of their agents or the payments then or thereafter due the Contractor the employees, or any other persons performing any of the cost of correcting such deficiencies, including the cost Work. of the Architect's and the Construction Manager's addi- tional services made necessary by such default, neglect 2.3.22 In case of the termination of the employment of or failure. The Architect must approve both such action the Architect or the Construction Manager, the Owner and the amount charged to the Contractor. If the pay- shall appoint an architect or a construction manager menus then or thereafter due the Contractor are not suffi- against whom the Contractor makes no reasonable objet- cient to cover such amount, the Contractor shall pay the tion whose status under the Contract Documents shall difference to the Owner. AIA DOCUMENT A2011CM• GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION JAN. 1975 ED. • AIA- ©1975 • THE AMERICAN INSTITUTE OF ARCHITECFS, 1735 NEW YORK AVE., N.w., WASHINGTON, D.C. 20W6 7 ARTICLE 4 cable at the time the bids are received. It is not the re- CONTRACTOR sponsibility of the Contractor to make certain that the Drawings and Specifications are in accordance with ap- 4.1 DEFINITION plicable laws, statutes, building codes and regulations. 4.1.1 The Contractor is the person or organization identi- 4,7,2 The Contractor shall give all notices and comply fied as such in the Owner-Contractor Agreement and is with all laws, ordinances, rules, regulations and orders referred to throughout the Contract Documents as if of any public authority bearing on the performance of singular in number and masculine in gender. The term the Work. If the Contractor observes that any of the Contractor means the Contractor or his authorized repre- Contract Documents are at variance therewith in any sentative. respect, fie shall promptly notify the Architect and the 4.2 REVIEW OF CONTRACT DOCUMENTS Construction Manager in writing, and any necessary 4.2.1 The Contractor shall carefully study and compare changes shall be adjusted by appropriate Modification. once report to the If the Contractor performs any Work knowing it to be the Contract Documents and shall at Construction Manager any error, inconsistency or orris- contrary to such laws, ordinances, rules and regulations, Sion he may discover. The Contractor shall not be liable and without such notice to the Architect and the Con- to the Owner, the Architect or the Construction Manager there ion Manager, shall assume full responsibility thereof and shall bear all costs attributable thereto. for any damage resulting from any such errors, inconsis- tencies or omissions in the Contract Documents. The 4,8 CASH ALLOWANCES Contractor shall do no Work without Drawings, Specifi- 4.8.1 The Contractor shall include in the Contract Sum cations or Modifications. all allowances stated in the Contract Documents. These 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES allowances shall cover the net cost of the materials and 4.3.1 The Contractor shall supervise and direct the Work, equipment delivered and unloaded at the site, and all using his best skill and attention. He shall be solely re- applicable taxes. The Contractor's handling costs on the sponsible for all construction means, methods, tech- site, labor, installation costs, overhead, profit and other niques, sequences and procedures and for coordinating expenses contemplated for the original allowance shall all portions of the Work under the Contract. be Included in the Contract Sum and not in the allow- ance. The Contractor shall cause the Work covered by 4,4 LABOR AND MATERIALS these allowances to be performed for such amounts and i 4.4.1 Unless otherwise specifically noted, the Contractor by such persons as the Construction Manager may direct, 1 shall provide and pay for all labor, materials, equipment, but he will not be required to employ persons against tools,construction equipment and machinery, water, heat, whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the utilities, transportation, and other facilities and services C � necessary for the proper execution and completion of Contract Sum shall be adjusted accordingly by Change the Work. Order which will include additional handling costs on the site, labor, installation costs, overhead, profit and other 4.4.2 The Contractor shall at all times enforce strict dis- expenses resulting to the Contractor from any increase cipline and good order among his employees and shall over the original allowance. not employ on the Work any unfit person or anyone not 4 9 SUPERINTENDENT skilled in the task assigned to him. 4.9.1 The Contractor shall employ a competent super- 4.5 WARRANTY intendent and necessary assistants who shall be in at- 4.5.1 The Contractor warrants to the Owner, the Architect tendance at the Project site during the progress of the and the Construction Manager that all materials and Work. The superintendent shall be satisfactory to the equipment furnished under this Contract will be new Construction Manager and shall not be changed except unless otherwise specified, and that the Work will be of with the consent of the Construction Manager, unless the good quality, free from faults and defects and in conform- superintendent proves to be unsatisfactory to the Con- t ance with the Contract Documents. Work not so con- tractor and ceases to be in his employ. The superintend- forming to these standards may be considered defective. ent shall represent the Contractor and all communications If required by the Architect or the Construction Manager, given to the superintendent shall be as binding as if given the Contractor shall furnish satisfactory- evidence as to to the Contractor. Important Communications will be the kind and quality of materials and equipment. confirmed in writing. Other communications will be so t 4.6 TAXES confirmed on written request in each case. 4.6.1 The Contractor shall pay all sales, consumer, use 4.10 RESPONSIBILITY FOR THOSE PERFORMING } and other similar taxes required by law. THE WORK i 4.10.1 The Contractor shall be responsible to the Owner 4.7 PERMITS, FEES AND NOTICES for the acts and omissions of all his employees and all 4.7.1 The Contractor shall secure and pay for all permits, Subcontractors, their agents and employees, and all other governmental fees and licenses necessary for the proper persons performing any of the Work under a contract execution and completion of the Work, which are appli- with the Contractor. I 8 AIA DOCUMENT A201/CM•GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION )AN. 1975 ED. • AIAO 1975 • THE AMERICAN INSTITUTE OF ARCIIIIECIS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20706 � 1 1 4.11 PROGRESS SCHEDULE 4.13.6 The Contractor shall make any corrections re- 4.11.1 The Contractor, immediately after being awarded quired by the Architect and shall resubmit the required the Contract, shall prepare and submit for the Construe- number of corrected copies of Shop Drawings or new tion Manager's approval an estimated progress schedule Samples until approved. The Contractor shall direct spe- for the Work consistent with the Contract Documents. cific attention in writing or on resubmitted Shop Draw- The progress schedule shall be coordinated by the Con- ings to revisions other than the corrections requested by struction Manager with the schedule for the entire the Architect on previous submissions. Project. This schedule shall be revised as required by the 4.13.7 The Architect's approval of Shop Drawings or conditions of the Work, subject to the Construction Samples shall riot relieve the Contractor of responsibility Manager's approval. for any deviation from the requirements of the Contract 4,12 RECORD DOCUMENTS Documents unless the Contractor has informed the Archi- tect in writing of such deviation at the time of submis- 4.12.1 The Contractor shall maintain at the site for the sion and the Architect has given written approval to the Owner one record copy of all Drawings, Specifications, specific deviation, nor shall the Architect's approval re- Addenda, approved Shop Drawings, Change Orders and lieve the Contractor from responsibility for errors or other Modifications, in good order and marked to record omissions in the Shop Drawings or Samples. all changes applicable to the Work made during con- struction. The Construction Manager shall be advised by 4.13.8 No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the the Contractor on a current basis of all changes. All changes made during construction will be recorded by the submission has been approved by the Architect. All such Construction Manager. portions of the Work shall be in accordance with ap- proved Shop Drawings and Samples. 4.13 SHOP DRAWINGS AND SAMPLES 4.14 USE OF SITE 4.13.1 Shop Drawings are drawings, diagrams, illustra- 4.14.1 The Contractor shall confine operations at the tions, schedules, performance charts, brochures and other site to areas permitted by law, ordinances, permits and data which are prepared by the Contractor or any Sub- the Contract Documents and shall not unreasonably en- contractor, manufacturer, supplier or distributor, and Cumber the site with any materials or equipment. which illustrate some portion of the Work. 4.14.2 The Contractor shall coordinate all of his opera- 4.13.2 Samples are physical examples furnished by the tions with and secure approval from the Construction Contractor to illustrate materials, equipment or work- Manager before using any portion of the site. manship, and to establish standards by which the Work will be judged. 4.15 CUTTING AND PATCHING OF WORK 4.15.1 The Contractor shall do all cutting, fitting or 4.13.3 The Contractor shall review, stamp with his ap- patching of his Work that may be required to make its proval and submit with reasonable promptness and in several parts fit together properly, and shall not endanger orderly sequence so as to cause no delay in the Work any Work by cutting, excavating or otherwise altering the or in the work of any other contractor, all Shop Draw- Work or any part of it. ings and Samples required by the Contract Documents Or subsequently by the Architect as covered by Modifica- 4.16 CLEANING UP tions. .Shop Drawings and Samples shall be properly 4.16.1 The Contractor at all times shall keep the prem- identified. At the time of submission the Contractor shall ises free from accumulation of waste materials or rubbish direct in writing the specific attention of the Architect caused by his operations. At the completion of the Work and the Construction Manager to any and all deviations he shall remove all his waste materials and rubbish from in the Shop Drawings or Samples from the requirements and about the Project as well as all his tools, construc- of the Contract Documents. tion equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "broom- 4.13.4 By approving and submitting Shop Drawings and clean" or its equivalent, except as otherwise specified. Samples, the Contractor thereby represents that he has determined and verified all field measurements, field con- 4.16.2 If the Contractor fails to clean up, the Owner struction criteria, materials, catalog numbers and similar may do so and the cost thereof shall be charged to the data, or will do so, and that he has checked and coordi- Contractor as provided in Paragraph 3.4. nated each Shop Drawing and Sample with the require- ments of the Work and of the Contract Documents. 4.17 COMMUNICATIONS 4.17.1 The Contractor shall forward all communications 4.13.5 The Architect will review and approve Shop to the Owner and the Architect through the Construction Drawings and Samples with reasonable promptness so as Manager. to cause no delay, but only for conformance with the de- sign concept of the Project and with the information given 4.18 INDEMNIFICATION in the Contract Documents. The Architect's approval of a 4.18.1 The Contractor shall indemnify and hold harmless separate item shall not indicate approval of an assembly the Owner, the Architect and the Construction Manager in which the item functions. and their agents and employees from and against all AIA DOCUMENT A201/CM• GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION JAN,1975 LD. • AIAO U 1975 • THE AMERICAN INSTITUTE 01 ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 9 claims, damages, losses and expenses,including attorneys' 5.1.3 Nothing contained in the Contract Documents shall f f fees,arising out of or resulting from the performance of create any contractual relationship between the Owner, the Work, provided that any such claim, damage, loss or the Architect or the Construction Manager and any Sub- expense (1) is attributable to bodily injury, sickness, contractor or Sub-subcontractor. disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of 5.2 AWARD OF SUBCONTRACTS AND OTHER use resulting therefrom, and (2) is caused in whole or in CONTRACTS FOR PORTIONS OF THE WORK part by any negligent act or omission of the Contractor, 5.2.1 Unless otherwise specified in the Contract DOCU- any Subcontractor, anyone directly or indirectly employed ments or in the Instructions to Bidders, the Contractor, by any of them or anyone for whose acts any of them as soon as practicable after the award of the Contract, may be liable, regardless of whether or not it is caused shall furnish to the Construction Manager in writing for in part by a party indemnified hereunder. acceptance by the Owner, the Architect and the Con- struction Manager a list of the names of the Sub-contrac- 4.18.2 In any and all claims against the Owner, the tors proposed for the principal portions of the Work. Architect or the Construction Manager or any of their The Construction Manager shall promptly notify the Con- agents or employees by any employee of the Contractor, tractor in writing if the Owner, the Architect or Con- any Subcontractor, anyone directly or indirectly em- struction Manager, after due Investigation, has reasonable ployed by any of them or anyone for whose acts any of objection to any Subcontractor on such list and does not them may be liable, the indemnification obligation under accept him. Failure of the Owner, Architect or Construc- this Paragraph 4.18 shall not be limited in any way by any tion Manager to make objection promptly to any Sub- limitation on the amount or type of damages, compensa- contractor on the list shall constitute acceptance of such tion or benefits payable by or for the Contractor or any Subcontractor. Subcontractor under workmen's compensation acts, dis- ability benefit acts or other employee benefit acts. 5.2.2 The Contractor shall not contract with any Sub- contractor or any person or organization (including those 4.18.3 The obligations of the Contractor under this Para- Who are to furnish materials or equipment fabricated to graph 4.18 shall not extend to the liability of the Archi- a special design) proposed for portions of the Work tect or the Construction Manager, their agents or em- designated in the Contract Documents or in the InstruC- ployees arising Out Of (1) the preparation or approval of tions to Bidders or, if none is so designated, With any maps, drawings, opinions, reports, surveys, Change Subcontractor proposed for the principal portions of the Orders, designs or specifications, or (2) the giving of or Work who has been rejected by the Owner, the Architect ) the failure to give directions or instructions by the Archi- or the Construction Manager. The Contractor will not be tect or the Construction Manager, their agents or em- required to contract with any Subcontractor or person or ployees provided such giving or failure to give is the organization against whom fie has a reasonable objection, primary cause of the injury or damage. No provision of this Subparagraph 4.18.3 shall give rise to any duties on 5.2.3 If the Owner, the Architect or the Construction the part of the Architect or the Construction Manager Manager refuses to accept any Subcontractor or person not otherwise provided for by contract or by law. or organization on a list Submitted by the Contractor in response to the requirements of the Contract Documents 4.18.4 No provision of this Paragraph 4.18 shall be con- or the Instructions to Bidders, the Contractor shall submit strued to negate, abridge, or otherwise reduce any other an acceptable substitute and the Contract Sum shall be right or obligation of indemnity which would otherwise increased or decreased by the difference in cost occa- exist as to any party or person described therein. sioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Con- ARTICLE 5 tract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in SUBCONTRACTORS submitting for acceptance any list or lists of names as 5.1 DEFINITION required by the Contract Documents or the Instructions to Bidders. 5.1.1 A Subcontractor is a person or organization who has a direct contract with the Contractor to perform any 5.2.4 If the Owner, the Architect, or the Construction of the Work at the site. The term Subcontractor is re- Manager requires a change of any proposed Subcontractor ferred to throughout the Contract Documents as if singu- or person or organization previously accepted by them, lar in number and masculine in gender and means a the Contract Sum shall be increased or decreased by the Subcontractor or his authorized representative. difference in cost occasioned by such change and an 5.1.2 ASub-subcontractor is a person or organization appropriate Change Order shall be issued. who has a direct or indirect contract with a Subcontractor 5.2.5 The Contractor shall not make any substitution for to perform any of the Work at the site. The term Sub- any Subcontractor or person or organization who has subcontractor is referred to throughout the Contract been accepted by the Owner, the Architect, and the Con- Documents as if singular in number and masculine in struction Manager, unless the substitution is acceptable gender and means a Sub-contractor or an authorized to the Owner, the Architect and the Construction representative thereof. Manager. AIA DOCUMENT A201/CM• GENERAL CONDITIONS Or THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGEMENT EDITION 10 JAN. 1975 ED. • AIA'g • ©1975 • THE AMERICAN INSTITUTE OF ARCIIIIECIS, 1735 NEW YORK AVE., N.W., WASIIINGEON, D.C. 20(1(16 I I ;y 5.3 SUBCONTRACTUAL RELATIONS 5.4.4 The Architect may, on request and at his discretion, 5.3.1 All work performed for the Contractor by a Sub- furnish to any Subcontractor, if practicable, information contractor shall be pursuant to an appropriate agree- regarding percentages_ of_completion certified for pay- ment between the Contractor and the Subcontractor (and ment to the Contractor on account of Work done by such where appropriate between Subcontractors and Sub- Subcontractors. subcontractors) which shall contain provisions that: 5.4.5 Neither the Owner, the Architect nor the Construc- .1 preserve and protect the rights of the Owner, tion Manager shall have any obligation to pay or to see the Architect and the Construction Manager to the payment of any moneys to any Subcontractor ex- under the Contract with respect to the Work to cept as may otherwise be required by law. be performed under the subcontract so that the subcontracting thereof will not prejudice such ARTICLE 6 rights; --- .2 require that such Work be performed in accord- SEPARATE CONTRACTS ance with the requirements of the Contract 6.1 OWNER'S RIGHT TO AWARD SEPARATE CONTRACTS Documents; 6.1.1 The Owner reserves the right to award other con- .3 require submission to the Contractor of applica- tracts in connection with other portions of the Project or lions for payment under each subcontract to other work on the site under these or similar Conditions which the Contractor is a party, in reasonable of the Contract. time to enable the Contractor to apply for pay- ment in accordance with Article 9; 6.1.2 When separate contracts are awarded for different portions of the Project or other work on the site, "the .4 require that all claims for additional costs, exten- Contractor" in the contract documents in each case shall sions of time, damages for delays or otherwise be the contractor who signs each separate contract. with respect to subcontracted portions of the Work shall be submitted to the Contractor (via 6.2 MUTUAL RESPONSIBILITY OF CONTRACTORS any Subcontractor or Sub-subcontractor where 6.2.1 The Contractor shall afford other contractors rea- appropriate) in Sufficient time so that the Con- sonable opportunity for the introduction and storage of tractor may comply in the manner provided in their materials and equipment and the execution of their the Contract Documents for like claims by the work, and shall properly connect and coordinate his Contractor upon the Owner; Work with theirs. .5 waive all rights the contracting parties may have 6.2.2 If any part of the Contractor's Work depends for against one another for damages caused by fire proper execution or results upon the work of any other or other perils covered by the property insurance separate contractor, the Contractor shall inspect and described in Paragraph 11.3, except such rights as promptly report to the Construction Manager any appar- they may have to the proceeds of such insurance ent discrepancies or defects in such work that render it held by the Owner as trustee under Paragraph unsuitable for such proper execution and results. Failure 11.3; and of the Contractor so to inspect and report shall constitute .6 obligate each Subcontractor specifically to con- an acceptance of the other contractor's work as fit and sent to the provisions of this Paragraph 5.3. proper to receive his Work, except as to defects which may develop in the other separate contractor's work after 5.4 PAYMENTS TO SUBCONTRACTORS the execution of the Contractor's Work. 5.4.1 The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal 6.2.3 Should the Contractor cause damage to the work to the percentage of completion allowed to the Con- or property of any separate contractor on the Project or tractor on account of such Subcontractor's Work, less the other work on the site, the Contractor shall, upon due percentage retained from payments to the Contractor. notice, settle with such other contractor by agreement or The Contractor shall also require each Subcontractor to arbitration, if he will so settle. If such separate contractor make similar payments to his subcontractors. sues the Owner or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, 5.4.2 If the Architect fails to issue a Certificate for Pay- the Owner shall notify the Contractor who shall defend ment for any cause which is the fault of the Contractor such proceedings at the Owner's expense, and if any and not the fault of a particular Subcontractor, the Con- judgment or award against the Owner arises therefrom tractor shall pay that Subcontractor on demand, made at the Contractor shall pay or satisfy it and shall reimburse any time after the Certificate for Payment should other- the Owner for all attorneys' fees and court or arbitration wise have been issued, for his Work to the extent com- costs which the Owner has incurred. pleted, less the retained percentage. 6.3 CUTTING AND PATCHING 5.4.3 The Contractor shall pay each Subcontractor a just UNDER SEPARATE CONTRACTS share of any insurance moneys received by the Contractor 6.3.1 In carrying out his obligations under Paragraph 4.15, under Article 11, and he shall require each Subcontractor the Contractor shall not endanger any work of any other to make similar payments to his subcontractors. contractors by cutting, excavating or otherwise altering AIA DOCUMENT A201/CM• GFNI RAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • CONSTRUCIION MANAGEMENT EDITION IAN. 1975 ED. • AIM9 • O 1975 • THE AMLRICAN INSTITUTE OF ARCIIITLCTS, 1735 NI:W YORK AVE., N.1V., WASHINGTON, D.C. 20006 11 any work and shall not cut or alter the work of any other of any duties, obligations, rights and remedies otherwise ( contractor except with the written consent of the Con- imposed or available by law. struction Manager subject to review by the Architect. 7.7 ROYALTIES AND PATENTS 6.3.2 Any costs caused by defective or ill-timed work 7,7,1 The Contractor shall pay all royalties and license shall be borne by the party responsible therefor. fees. He shall defend all suits or claims for infringement 6.4 OWNER'S RIGHT TO CLEAN UP of any patent rights and shall save the Owner harmless from loss on account thereof, except that the Owner 6.4.1 If a dispute arises between the separate contractors shall be responsible for all such loss when a particular le- as to their responsibility for cleaning up as required by sign, process or the product of a particular manufacturer Paragraph 4.16, the Owner may clean up and charge the or manufacturers is specified, but if the Contractor has cost thereof to the several contractors as the Construction reason to believe that the design, process or product Manager shall determine to be just. specified is an infringement of a patent, he shall be re- sponsible for such loss unless he promptly gives such in- ARTICLE 7 formation to the Architect and the Construction Manager. MISCELLANEOUS PROVISIONS 7.8 TESTS 7,1 GOVERNING LAW 7.8.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having juris- 7.1.1 The Contract shall be governed by the law of the diction require any Work to be inspected, tested or ap- place where the Project is located• proved, the Contractor shall give the Architect and the 7,2 SUCCESSORS AND ASSIGNS Construction Manager timely notice of its readiness and of the date arranged so the Architect and the Construc- 7.2.1 The Owner and the Contractor each binds him- tion Manager may observe such inspection, testing or ap- self, his partners, successors, assigns and legal represen- proval. The Contractor shall bear all costs of such inspec- tatives to the other party hereto and to the partners, suc- tions, tests and approvals unless otherwise provided. censors, assigns and legal representatives of such other party in respect to all covenants, agreements and obliga- 7.8.2 If after the commencement of the Work the Archi- tions contained in the Contract Documents. Neither party tect or the Construction Manager determines that any to the Contract shall assign the Contract or sublet it as a Work requires special inspection, testing, or approval whole without the written consent of the other, nor shall which Subparagraph 7.81 (foes riot include, the Construe- the Contractor assign any moneys due or to become due tion Manager will, upon written authorization from the t to him hereunder, without the previous written consent Owner, instruct the Contractor to order such special in- of the Owner. spection, testing or approval, and the Contractor shall 7,3 WRITTEN NOTICE give notice as in Subparagraph 7.8.1. If such special in- spection or testing reveals a failure of the Work to comply 7.3.1 Written notice shall be deemed to have been duly (1) with the requirements of the Contract Documents or served if delivered in person to the individual or member (2), with respect to the performance of the Work, with of the firm or to an officer of the corporation for whom !aws, ordinances, rules, regulations or orders of any public it was intended, or if delivered at or sent by registered authority having jurisdiction, the Contractor shall bear all or certified mail to the last business address known to costs thereof, including the Architect's and the Construc- him who gives the notice. tion Manager's additional services made necessary by 7,4 CLAIMS AND DAMAGES such failure; otherwise the Owner shall bear such Costs, 7.4.1 Should either party to the Contract suffer injury or and an appropriate Change Order shall be issued. damage to person or property because of any act or 7.8.3 Required certificates of inspection, testing or ap- omission of the other party or of any of his employees, proval shall be secured by the Contractor and promptly agents or others for whose acts he is legally liable, claim delivered by him to the Construction Manager. shall be made in writing to such other party within a 7.8.4 If the Architect or the Construction Manager wishes reasonable time after the first observance of such injury to observe the inspections, tests or approvals required by or damage. this Paragraph 7.8, he will do so promptly and, where 7,5 PERFORMANCE BOND AND practicable,at the source of supply. LABOR AND MATERIAL PAYMENT BOND 7,8,5 Neither the observations of the Architect or the 7.5.1 The Owner shall have the right to require the Construction Manager in their Administration of the Con- Contractor to furnish bonds covering the faithful per- struction Contract, nor inspections, tests or approvals by formance of the Contract and the payment of all obliga- persons other than the Contractor shall relieve the Con- tions arising thereunder if and as required in the Instruc- tractor from his obligations to perform the Work in tions to Bidders or elsewhere in the Contract Documents. accordance with the Contract Documents. 7,6 RIGHTS AND REMEDIES 7,9 INTEREST 7.6.1 The duties and obligations imposed by the Con- 7.9.1 Any moneys not paid when due to either party tract Documents and the rights and remedies available under this Contract shall bear interest at the legal rate in yj thereunder shall be in addition to and not a limitation force at the place of the Project. AIA DOCUMENT A201/CM•GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION 12 IAN. 1975 ED. • AIAw • ©1975 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 i i I :J r 7.10 ARBITRATION 8.2.3 If a date or time of completion is included in the 7.10.1 All claims, disputes and other matters in question Contract, it shall be the Date of Substantial Completion arising out of, or relating to, this Contract or the breach as defined in Subparagraph 8.1.3, including authorized thereof, except as set forth in Subparagraph 2.2.9 with extensions thereto, unless otherwise provided. I respect to the Architect's decisions on matters relating 8.3 DELAYS AND EXTENSIONS OF TIME to artistic effect, and except for claims which have been g 3.1 If the Contractor is delayed at any time in the waived by the making or acceptance of final payment as progress of the Work by any act or neglect of the Owner, provided by Subparagraphs 9.7.5 and 9.7.6, shall be de- the Architect or the Construction Manager, or by any of Bided by arbitration in accordance with the Construction their employees, or by any separate contractor employed Industry Arbitration Rules of the American Arbitration by the Owner, or by changes ordered in the Work, or by Association then obtaining, unless the parties mutually labor disputes, fire, unusual delay in transportation, un- agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration avoidable casualties or any causes beyond tf.; Contra�- law. The award rendered by the arbitrators shall be final tor s control, or by delay authorized by the Owner pend- and judgment may be entered upon it in accordance with ing arbitration, or by any cause which the Construction applicable law in any-court having j=urisdiction-thereof. Manager determines_ may justify the delay, then the Contract Time shall be extended by Change Order for 7.10.2 Notice of the demand for arbitration shall be filed such reasonable time as the Construction Manager may in writing with the other party to the Contract and with determine. j the American Arbitration Association, and a copy shall be ! filed with the Architect and the Construction Manager. writing All claims for extension of time shall be made in The demand for arbitration shall be made within the time writing to the Construction Manager no more than twenty limits specified in Subparagraphs 2.3.4 and 2.3.5 where days after the occurrence of the delay; otherwise they applicable, and in all other cases within a reasonable time shall be waived. In the case of a continuing cause of delay f after the claim, dispute or other matter in question has only one claim is necessary. I arisen, and in no event shall it be made after the date 8.3.3 If no schedule or agreement is made stating the when institution of legal or equitable proceedings based dates upon which written interpretations as set forth in on such claim, dispute or other matter in question would Subparagraph 1.2.5 shall be furnished, then no claim for be barred by the applicable statute of limitations. delav shall be allowed on account Of failure to furnish ! 7.10.3 The Contractor shall carry on the Work and main- such interpretations until fifteen days after demand is tain the progress schedule during any arbitration pro- made for them, and not then Unless such claim is ceedings, unless otherwise agreed by him and the Owner reasonable. in writing. 8.3.4 This Paragraph 8.3 does not exclude the recovery ARTICLE 8 of damages for delay by either party under Other pro- I visions of the Contract Documents. TIME 8,1 DEFINITIONS ARTICLE 9 8.1.1 The Contract Time is the period of time allotted in PAYMENTS AND COMPLETION the Contract Documents for completion of the Work. 9,1 CONTRACT SUM 8.1.2 The date of commencement of the Work is the date 9.1.1 The Contract Sum is stated in the Owner-Contractor established in a notice to proceed. If there is no notice Agreement and is the total amount payable by the Owner to proceed, it shall be the date of the Agreement or such to the Contractor for the performance of the Work under other date as may be established therein. the Contract Documents. 8.1.3 The Date of Substantial Completion of the Work 9.2 SCHEDULE OF VALUES or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in 9.2.1 Before the first Application for Payment, the Con- accordance with the Contract Documents, so the Owner tractor shall submit to the Construction Manager a sched- may occupy the Work or designated portion thereof for ule of values of the various portions of the Work, includ- the use for which it is intended. ing quantities if required by the Architect or the Con- struction Manager, aggregating the total Contract Sum, 8.1.4 The term day as used in the Contract Documents divided so as to facilitate payments to Subcontractors in shall mean calendar day. accordance with Paragraph 5.4, prepared in such form as 8,2 PROGRESS AND COMPLETION specified or as the Construction Manager and the Con- 8.2.1 All time limits stated in the Contract Documents tractor may agree upon, and supported by such data to substantiate its correctness as the Architect and the Con- struction Manager may require. Lach item in the schedule 8.2.2 The Contractor shall begin the Work on the date of values shall include its proper share of overhead and t of commencement as defined in Subparagraph 8.1.2. He profit. This schedule,when approved by the Architect and shall carry the Work forward expeditiously with adequate the Construction Manager shall be used only as a basis forces and shall complete it within the Contract Time. for the Contractor's Applications for Payment. AIA DOCUMENT A201/CM• GENERAL CONDITIONS OF THE CONTRAcr FOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION JAN. '1975 ED. • AIA'a • U 1975 • THE AMERICAN INSTITUTE OF ARCHITECTS, '1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 201x16 13 { w ' f i I I i I w i !i PROGRESS PAYMENTS E 9 3 a further representation that the conditions precedent to 9.3.1 At least fifteen days before each progress payment the Contractor's being entitled to final payment as set falls due, the Contractor shall Submit to the Construction forth in Subparagraph 9.7.2 have been fulfilled. However, Manager an itemized Application for Payment, supported by issuing a Certificate of Payment, the Architect shall by such data substantiating the Contractor's right to pay- not thereby be deemed to represent that he has made ex- € ment as the Owner, the Architect or the Construction haustive or continuous on-site inspections to check the Manager may require. The ConsrLICtion Manager will quality or quantity of the Work or that fie has reviewed t process the application and forward it with his recom- the construction means, methods, techniques, sequences mendations to the Architect within seven days. or procedures, or that fie has made any examination to ascertain how or for what purpose the Contractor has l 9.3.2 If payments are to be made on account of mate- used the moneys previously paid on account of the Con- rials or equipment not incorporated in the Work but de- tract Sum. livered and suitably stored at the site, or at some other location agreed upon in writing, such payments shall be 9.4.3 After the Architect has issued a Certificate for Pay- conditioned upon Submission by the Contractor of bills ment, the Owner shall make payment in the manner pro- of sale or such other procedures satisfactory to the Owner vided in the Agreement. to establish the Owner's title to such materials or equip- 9.4.4 No certificate for a progress payment, nor any ment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. progress payment, nor any partial or entire use or occu- pancy of the Project by the Owner, shall constitute an 9.3.3 The Contractor warrants and guarantees that title acceptance of any Work not in accordance with the Con- to all Work, materials and equipment covered by an tract Documents. Application for Payment, whether incorporated in the 9.5 PAYMENTS WITHHELD Project or not, will pas to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, 9.5.1 The Architect may decline to approve an Applica- claims, security interests or encumbrances, hereinafter tion for Payment and may withhold his Certificate in ' referred to in this Article 9 as "liens"; and that no Work, whole or in part, to the extent necessary reasonably to materials or equipment covered by an Application for protect the Owner, if in his opinion he is unable to make Payment will have been acquired by the Contractor; or representations to the Owner as provided in Subpara- by any other person performing the Work at the site or graph 9.4.2. The Architect may also decline to approve furnishing materials and equipment for the Project, sub- any Applications for Payment or, because of subsequently jeet to an agreement under Which an interest therein or discovered evidence or subsequent inspections, he may an encumbrance thereon is retained by the seller or other- nullify the whole or any part of any Certificate for Pay- wise imposed by the Contractor or such other person. ment previously issued, to such extent as may be neces- sary in his opinion to protect the Owner from loss be- } 9.4 CERTIFICATES FOR PAYMENT cause of: 9.4.1 If the Contractor has made Application for Payment l .1 defective work not remedied, as above, the Architect will, with reasonable promptness i but not more than five clays after his receipt of he Appli- .2 third party claims filed or reasonable evidence cation with the recommencations of the Construction indicating probable filing of such claims, Manager, issue a Certificate for Payment to the Owner, .3 failure of the Contractor to make payments prop with a copy to the Construction Manager and the Con- erly to Subcontractors or for labor, materials or tractor, for such amount as he determines to be properly equipment, due, or state in writing his reasons for withholding a .4 reasonable doubt that the Work can be completed Certificate as provided in Subparagraph 9.5.1. for the unpaid balance of the Contract Sum, 9.4.2 The issuance of a Certificate for Payment will con- .5 damage to another contractor, stitute a representation by the Architect to the Owner, .6 reasonable indication that the Work will not be based on his observations at the site as provided in Sub- completed within the Contract Time, or i paragraph 2.3.6 and the recommendations of the Con- .7 unsatisfactory prosecution of the Work by the struction Manager that the Work has progressed to the Contractor. point indicated; that, to the best of his knowledge, infor- mation and belief, the quality of the Work is in accord- 9.5.2 When the above grounds in Subparagraph 9.5.1 are ante with the Contract Documents (subject to an evalua- removed, payment shall be made for amounts withheld tion of the Work for conformance with the Contract because of them. Documents upon substantial Completion, to the results of any subsequent tests required by the Contract DOCU- 9.6 FAILURE OF PAYMENT ments, to minor deviations from the Contract Documents 9.6.1 If the Construction Manager should fail to issue correctable prior to completion, and to any specific quali- recommendations within seven days of receipt of the fications stated in his Certificate); and that the Contractor Contractor's Application for Payment, or if the Architect is entitled to payment in the amount certified. In addition, should fail to issue any Certificate for Payment, through the Architect's final Certificate for Payment will constitute no fault of the Contractor, or if the Owner should fail to 14 AIA DOCUMENT A201/CM-GENE RAL CONDII IONS or THE CONTRACT FOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION IAN. 1975 ED. • AIA't) • 01975 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASIIINGTON, D.C. 20006 ° pay the Contractor within seven days after the date of 9.7.4 If after Substantial Completion of the Work final payment established in the Agreement any amount certi- completion thereof is materially delayed through no fault fied by the Architect or awarded by arbitration, then the of the Contractor, and the Construction Manager so con- Contractor may, upon seven additional days' written firms, the Owner shall, upon certification by the Architect, notice to the Owner, the Architect, and the Construction and without terminating the Contract, make payment of Manager, stop the Work until payment of the amount the balance due for that portion of the Work fully com- owing has been received. pleted and accepted. If the remaining balance for Work 9,7 SUBSTANTIAL COMPLETION OF FINAL PAYMENT not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been 9.7.1 When the Contractor determines that the Work or furnished as required in Subparagraph 75.1, the written a designated portion thereof acceptable to the Owner is consent of the surety to the payment of the balance due substantially complete, the Contractor shall prepare for for that portion of the Work fully completed and accepted the Construction Manager for submission to the Architect shall be submitted by the Contractor to the Construction a list of items to be completed or corrected. The failure Manager prior to certification Of such payment. Such pay- to include any items on such list does not alter the re- ment shall be made under the terms and conditions gov- sponsibility of the Contractor to complete all Work in erning final payment, except that it shall not constitute a accordance with the Contract Documents. When the waiver of claims. Architect on the basis of an inspection determines that the Work is substantially complete, he will then prepare 9.7.5 The making of final payment shall constitute a a Certificate of Substantial Completion which shall estab- `Waiver of all claims by the Owner except those arising fish the Date of Substantial Completion, shall state the from: responsibilities of the Owner and the Contractor for main- .1 unsettled liens, tenance, heat, utilities, and insurance, and shall fix the .2 faulty or defective Work appearing after Substan- time within which the Contractor shall complete the items tial Completion, listed therein. The Certificate of Substantial Completion .3 failure of the Work to comply with the require- shall be submitted to the Owner and the Contractor for ments of the Contract Documents, or their written acceptance of the responsibilities assigned .4 terms of any special guarantees required by the to them in such Certificate. Contract Documents. 9.7.2 Upon receipt of written notice that the work is 9,7,6 The acceptance of final payment shall constitute a ready for final inspection and acceptance and upon re- waiver of all claims by the Contractor except those pre- ceipt of a final Application for Payment, the Architect viouSly made in writing and still unsettled. will promptly make such inspection and, when he finds the Work acceptable under the Contract Documents and the Contract fully performed, he will promptly issue a ARTICLE 10 final Certificate for Payment stating that to the best of his PROTECTION OF PERSONS AND PROPERTY knowledge, information and belief, and on the basis of his observations and inspections, the Work has been 10.1 SAFETY PRECAUTIONS AND PROGRAMS completed in accordance with the terms and conditions 10.1.1 The Contractor shall be responsible for initiating, of the Contract Documents and that the entire balance maintaining and supervising all safety precautions and found to be due the Contractor, and noted in said final programs in connection with the Work. Certificate, is due and payable. 9.7.3 Neither the final payment nor the remaining re- 10,2 SAFETY OF PERSONS AND PROPERTY tained percentage shall become due until the Contractor 10.2.1 The Contractor shall take all reasonable precau- submits to the Architect through the Construction Man- tions for the safety of, and shall provide all reasonable ager (1) an Affidavit that all payrolls, bills for materials and protection to prevent damage, injury or loss to: equipment, and other indebtedness connected with the .1 all employees on the Work and all other persons Work for which the Owner or his property might in any who may be affected thereby; way be responsible, have been paid or otherwise satisfied, .2 all the Work and all materials and equipment to (2) consent of surety, if any, to final payment and (3), if be incorporated therein, whether in storage on or required by the Owner, other data establishing payment off the site, under the care, custody or control of or satisfaction or all such obligations, such as receipts, the Contractor or any of his Subcontractors or releases and waivers of liens arising out of the Contract, Sub-subcontractors; and to the extent and in such form as may be designated by .3 other property at the site or adjacent thereto, the Owner. If any subcontractor refuses to furnish a including trees, shrubs, lawns, walks, pavements, release or waiver required by the Owner, the Contractor roadways, structures and utilities not designated may furnish a bond satisfactory to the Owner to indem- for removal, relocation or replacement in the nify him against any such lien. If any such lien remains course of construction. unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the latter may 10.2.2 The Contractor shall comply with all applicable be compelled to pay in discharging such lien, including laws, ordinances, rules, regulations and lawful orders of all costs and reasonable attorneys' fees. any public authority having jurisdiction for the safety of AIA DOCUMENT A201/CM•GENERAL CONDITIONS OF THE CONTRACF FOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION JAN. 1975 ED. • AIA01) • ©1975 • TILE AMERICAN INSTITUTE OF ARCHIIECIS, '1735 NEW YORK AVE., N.W., WASHINGION, D.C. 20006 15 12.1.7 If the Contractor claims that additional cost is caused by a separate contractor employed as provided in involved because of (1) any written interpretation issued Article 6,and in that event the Owner shall be responsible pursuant to Subparagraph 1.2.5, (2) any order by the for the payment of such costs. Owner to stop the Work pursuant to Paragraph 3.3 where 13,2 CORRECTION OF WORK the Contractor was not at fault, or (3) any written order 13.2.1 The Contractor shall promptly correct all Work for a minor change in the Work issued pursuant to Para- rejected by the Architect or the Construction Manager as graph 12.3, the Contractor shall make such claim as pro- defective or as failing to conform to the Contract Docu- vided in Paragraph 12.2. ments whether observed before or after Substantial Com- 12.2 CLAIMS FOR ADDITIONAL COST pletion and whether or not fabricated, installed or com- 12.2.1 If the Contractor xvishes to make a claim for an pleted. The Contractor shall bear all cost of correcting increase in the Contract Sum, he shall give the Architect such rejected Work, including the cost of the Architect's and the Construction Manager written notice thereof and the Construction Manager's additional services within twenty days after the occurrence of the event giv- thereby made necessary. ing rise to such claim. This notice shall be given by the 13.2.2 If, within one year after the Date of Substantial Contractor before proceeding to execute the Work, except Completion or within such longer period of time as may in an emergency endangering life or property in which be prescribed by law or by the terms of any applicable case the Contractor shall proceed in accordance with special guarantee required by the Contract Documents, Subparagraph 10.3.1. No such claim shall be valid unless anv of the Work is found to be defective or not in ac- so made. If the Owner and the Contractor cannot agree cordance with the Contract Documents, the Contractor on the amount of the adjustment in the Contract Sum, it shall correct it promptly after receipt of a written notice shall be determined by the Architect. Any change in the from the Owner to CIO So unless the Owner has previously Contract Sum resulting from such claim shall be author- given the Contractor a written acceptance of such condi- ized by Change Order. tion. The Owner shall give such notice promptly after 12.3 MINOR CHANGES IN THE WORK discovery of the condition. 12.3.1 The Architect shall have authority to order minor 13.2.3 All such defective or non-conforming Work under changes in the Work not involving an adjustment in the Subparagraphs 13.2.1 and 13.2.2 shall be removed from Contract Surn or an extension of the Contract Time and the site if necessary, and the Work shall be corrected to not inconsistent with the intent of the Contract Docu- - comply with the Contract Doc-ument{ _without cost to ments. Such changes may be effected by Field Order or the Owner. by other written order. Such changes shall be binding on the Owner and the Contractor. 13.2.4 The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by 12.4 FIELD ORDERS such removal or correction. 12.4.1 The Architect may issue written Field Orders which 13.2.5 If the Contractor does not remove such defectivet interpret the Contract Documents in accordance with or non-conforming Work within a reasonable time fixed Subparagraph 1.2.5 or which order minor changes in the by written notice from the Construction ,Manager, the Work in accordance with Paragraph 12.3 without change Owner may remove it and may store the materials or in Contract Sum or Contract Time. The Contractor shall equipment at the expense or the Contractor. If the Con- carry out such Field Orders promptly. tractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten addi- ARTICLE 13 tional days' written notice sell such Work at auction or at UNCOVERING AND CORRECTION OF WORK private sale and shall account for the net proceeds thereof, after deducting all the costs that should have 13.1 UNCOVERING OF WORK been borne by the Contractor including compensation for additional architectural and construction management 13.1.1 If any Work should be covered contrary to the re- services. If such proceeds of sale do not cover all costs quest of the Architect or the Construction Manager, it which the Contractor should have borne, the difference must, if required by either, be uncovered for observation shall be charged to the Contractor and an appropriate and replaced, at the Contractor's expense. Change Order shall be issued. If the payments then or 13.1.2 If any other Work has been covered which the thereafter due the Contractor are not sufficient to cover Architect or the Construction Manager has not specifically such amount, the Contractor shall pay the difference to requested to observe g y the Owner. I q prior to being covered, either may I request to see such Work and it shall be uncovered by 13.2.6 If the Contractor fails to correct such defective the Contractor. If Such Work be found in accordance with or non-conforming Work, the Owner may correct it in the Contract Documents, the cost of uncovering and re- accordance with Paragraph 3.4. placement shall, by appropriate Change Order, be charged to the Owner. If such Work be found not in accordance 13.2.7 Nothing contained in this Paragraph 13.2 shall be with the Contract Documents, the Contractor shall pay construed to establish a period of limitation with respect 4W such Costs unless it be found that this condition was to any other obligation which the Contractor might have 18 AIA DOCUMENT A201/CM• GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • CONSTRUCTION MANAGEMENT EDITION IAN. 1975 ED. • AIA10 • O 1975 • THE AMERICAN INSTITUTE OF ARCH IIECIS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 under the Contract Documents. The establishment of the the Contractor may, upon seven days' written notice to time period of one year after the date of Substantial Corn- the Owner, the Architect and the Construction Manager, pletion or such longer period of time as may be pre- terminate the Contract and recover from the Owner pay- scribed by law or by the terms of any applicable special ment for all Work executed and for any proven loss sus- guarantee required by the Contract Documents relates tained upon any materials, equipment, tools, construction only to the specific obligation of the Contractor to correct equipment and machinery, including reasonable profit the Work, and has no relationship to the time within and damages. which his obligations to perform the Work or otherwise 14.2 TERMINATION BY THE OWNER carry out his obligations under the Contract Documents may by sought to be enforced, nor to the time within 14.2.1 If the Contractor is adjudged a bankrupt, or if he which proceedings may be commenced to establish his makes a general assignment for the benefit of his credi- liability with respect to his obligations under the Contract tors, or if a receiver is appointed on account of his in- Documents. solvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is pro- 13.3 ACCEPTANCE OF DEFECTIVE vided, to supply enough properly skilled workmen or OR NON-CONFORMING WORK proper materials, or if he fails to make prompt payment 13.3.1 If the Owner prefers to accept defective or non- to Subcontractors or for materials or labor, or persistently conforming Work, he may do so instead of requiring its disregards laws, ordinances, rules, regulations or orders removal and correction, in which case a Change Order of any public authority having jurisdiction, or otherwise will be issued to reflect an appropriate reduction in the is guilty of a substantial violation of a provision of the Contract Sum, or, if the amount is determined after final Contract Documents, then the Owner may, without preju- payment, it shall be paid by the Contractor. dice to any right or remedy and after giving the Contrac- tor arid his surety, if any, seven days' written notice, ter- minate the employment of the contractor and take pos- ARTICLE 14 session of the site and of all materials, equipment, tools, TERMINATION OF THE CONTRACT construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever 14.1 TERMINATION BY THE CONTRACTOR method he may deem expedient. In such case the Con- tractor shall riot be entitled to receive any further pay- 14.1.1 If the Work is stopped for a period of thirty days meat until the Work is finished. No such action may be under an order of any court or other public authority taken by the Owner unless the Architect, after consulta- having jurisdiction, or as a result of an act of government, tion with the Construction Manager, certifies that suffi- such as a declaration of a national emergency making cient cause exists to justify such action. materials unavailable, through no act or fault or the Con- tractor or a Subcontractor or their agents or employees 14.2.2 If the unpaid balance of the Contract Sum exceeds or any other persons performing anv of the Work under the costs of finishing the Work, including compensation a contract with the Contractor, or if the Work should be for the Architect's and the Construction Manager's addi- stopped for a period of thirty days by the Contractor for tional services, such excess shall be paid to the Contractor. the Construction Manager's failure to recommend or the If such costs exceed such unpaid balance, the Contractor Architect's failure to issue a Certificate for Payment as shall pay the difference to the Owner. The costs incurred provided in Paragraph 9.6 or for the Owner's failure to by the Owner as herein provided shall be certified by the make payment thereon as provided in Paragraph 9.6, then Architect. AIA DOCUMENT A201/CM•GENERAL CONDITIONS OF THE CONTRACT FOR CONSIRUCTION • CONSTRUCTION MANAGEMENT EDITION JAN. 1975 ED. • AIAS • ©1975 • THE AMERICAN INSTITUTL OF ARCI Ill LCTS, '1735 NEW YORK AVE., N.W., WASIIINGTON, D.C. 20006 19 OUTLINE SPECIFICATIOVS FOR THE ASPEN MALL ROBIN' MOLNY ARCHITECT MARCH 3, 1976 i i A. GENERAL CO1'ID I T I Oi'S OF THE CONTRACT A. I .A. document A 201/CM the construction management edition general conditions of the contract is made part of these specifications. B. EXAMINATION OF PLANS, SPECIFICATIOIN, SPECIAL PROVI S I OBIS, AIND SITE OF 1'11OiRK The architect will prepare complete and accurate plans and specifications giving such directions as will enable any competent mechanic or contractor to carry them out. The bidder is expected to examine carefully the site of the proposed work, the proposal , plans, outline sneci- fications, and contract forms, before submitting a proposal . The submission of a bid shall be considered prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the require- ments of the plans, specifications, supplemental specifi- cations, special provisions, and contract. C. MAINTAINING TRAFFIC Before proceeding with construction, the Contractor must obtain from the City written approval of the proposed method of handling traffic. The Contractor shall designate one of his employees, other than the Superintendent, to be responsible for traffic control . This responsibility shall include the Contractor ' s signing and all other details covered by the Specifications which contribute to the com-'Iort ar.d safety of the traveling public. Traffic control super- vision will not be measured and paid for separately but shall be included in the work. Unless otherwise provided, the Contractor shall keep pedestrian travel open and in acceptable condition while improvements are being made. he shall provide and maintain in a safe condition access to all mall businesses as well as providing access for emergency and delivery vehicles. The Contractor shall bear all expense of maintaining pedestrian and emergency vehicle access over the section of road undergoing improvement and of construction and maintaining such access and other fea- tures as may be necessary without direct compensation. D. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE 1. The Contractor shall be responsible for the preserva- ..... .. . .. tion of all public and private property and shall protect carefully from disturbance or damage all land monuments and property marks until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. 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 will not be released until the project shall have been completed and accepted. 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 conse- quence of the nonexecution 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. The Contractor shall be responsible for establishing the pre-existing conditions of all existing structures prior to commencing work. E. COOPERATION 1;111TH UTILITIES 1 . The Contractor will notify all utility companies, all pipe line owners, or other parties affected, and endeavor to have all necessary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction, made as soon as practicable. 2. water lines, gas lines, wire lines, service connec- tions, water and gas meter boxes, eater and gas valve boxes, light standards, cableways, signals, and all other utility appurtenances within the 1irigiis of the proposed construction which are to be relocated or adjusted are to be moved by their owners at their expense, except as otherwise provided for in the spe- cial provisions or as noted on the plans. 3. It is understood and agreed that the Contractor has considered in his bid all of the permanent and tempor- ary utility appurtenances in their present or relo- cated positions as shown on the plans or as viewed during his site visit and that no additional compen- sation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference - - - from -the -said utility appurtenances -or- the- operation of moving them. F. DEMOLITION 1 . This work shall consist of the removal , wholly or in part, and satisfactory disposal of all buildings, signs, structures, old pavements, abandoned pipe lines, and any other obstructions which are not designated or permitted to remain. It shall also include the salvaging of designated materials and backfilling the resulting trenches, holes, and pits. All concrete pavement, sidewalks, curbs, gutters, etc. , designated for removal , shall be broken into pieces and disposed of as directed. 2. 14here old pavement, sidewalks, curbs, etc. abuts new edges of pavement, sidewalks, curbs, etc. , to be left in place they shall be sawn to a true line with a vertical face. 3. There old pavement, sidewalks, curbs, etc. abut existing structures they shall be saw cut to within 2" of the existing structures face, the remaining two inches shall be removed as directed. G. GRADING, EXCAVAT I Oil MJD DACKF I LL I NG 1 . Prior to excavating for installation of sub—surface utility lines, pipelines, etc. , the Contractor shall establish and grade to rough grades including temporary provisions to carry off surface eater as indicated in the drawing. 2. All excavation and backfilling shall be done in conformance with the applicable requirements of the Aspen Municipal Code, Chapter 19, Ordinance No. 30, Series of 1975, copies available at the architect ' s office. H. PAVING BASE COURSE 1. Aggregates for the paving base course will be crushed stone, crushed slag, crushed gravel or natural gravel which is free of organic material and graded in such a manner as to allow for maximum compaction. 2. If the required compacted depth of the aggregate base course exceeds 6 inches, it shall be constructed in two or more layers of approximately equal thickness. The maximum compacted thickness of any one layer shall not exceed 6 inches. v.1hen vibratory or other approved types of special compacting equipment are used, the compacted depth of a single layer may be increased to 3 inches upon approval . 3. Compaction of each layer shall continue until a den- sity of not less than 95I of maximum density; has been achieved. The surface of each layer shall be main- tained during the compaction operations in such a manner that a uniform texture is produced and the aggregates firmly keyed. !dater shall be uniformly applied during compaction in the amount necessary for proper consolidation. 4. The prepared surface upon which the surface course is to be placed will be tested with a 10 foot straight edge or other approved device. The surface shall be tested prior to the application of any setting bed or paving. The variation above or below the testing edge of the straightedge between any two contacts tlith the surface shall not exceed 1/4 inch. All areas not conforming with these tolerances shall be reworked to obtain conformity. . BRICK PAVI HIG a. Materials: 1 . Brick Pavers: Brick Pavers shall a) fired dense paver with an absorption of less than 47o (in a 24 hour cold water absorption test) and a compressive strength of not less than 12,000 lb. per square inch. The pavers must be capable of withstanding at least the equi- valent of 100 cycles of freeze tha. conditions. Shapes and Sizes : To be specified by Architect Colors : To be specified by Architect 2. Bituminous setting bed: Asphalt cement to be used in the bituminous setting bed shall conform to ASTd designation 0-046-60A with a penetration at 77 degrees F, 100 G. , 5 Sec. of minimum H millimeters and maximum of 100 milli- meters. The fine aggregate to be used in the bituminous set- ting bed shall be clean, hard sand ;iith durable par- ticles and free from adherent coatings, lumps of clay, alkali salts, and organic matter. it shall be uniformly graded from "course" to "fine." and all passing the No. 4 sieve and meet the gradation requirements when tested in accordance with the standard method of test for sieve or screen analysis of fine and coarse aggregates ASTM designation C-136-67. The dried fine aggregate shall be combined with hot asphalt cement and the mix shall be heated to approxi- mately 300 degrees F at an asphalt plant. The approximate proportion of materials shall be seven percent cement asphalt and ninety—three percent fine aggregate. Each ton shall be apportioned by weight in the approximate ratio of 145 lbs. asphalt to 1 ,855 lbs, sand. The contractor shall determine the axact proportions to produce the best possible mixture for construction of the bituminous setting bed, to meet construction requirements. 3. Neoprene—modified asphalt adhesive: Shall consist of two (2) percent neoprene (Grade !VfiJi1 ) oxidized asphalt with a 155 degree softening point, (80 penetration) and ten (10) percent long fibered asbestos. 4. Joint Filler: Colored Portland cement to match color of pavers and shall conform to AST�I C150. Sand shall conform to ASTMI C33. 5. Wax coating: Use M.1 (temporary wax coating) with a 130 F melting point. b. Application: 1 . Placing bituminous setting bed: To install the setting bed over the surface of the base, place 3/4 inch deep control bars directly over the base. If grades must be adjusted, set wood chocks under depth control bars to proper grade. Set two bars parallel to each other approximately eleven feet apart to serve as guides for striking board (12 ft. long 2 in x o in board). The depth control bars must be set carefully to bring the pavers, when laid, to proper grade. Place some bituminous between the parallel depth control bars. Pull this bed with the striking board over these bars several times. After each passage, low porous spots must be showered with fresh bitumi- nous material to produce smooth, firm and even setting bed. As soon as this initial panel is com- pleted, advance the first bar to the next position in readiness for striking the next panel . Carefully fill up any depressions that remain after removing the depth control bars and wood chocks. The setting bed shall be rolled with a power roller to a nominal depth of 3/4", while still hat. This thickness shall be adjusted so that when the blocks are placed and roiled the top surface of the pavers will be at the required finish grade. A coating of two (2) percent neoprene—modified asphalt adhesive shall be applied by mopping or troweling over the top surface of the bituminous setting bed so as to provide a bond under the blocks. If it is troweled, the trowel shall be serrated with serrations not to exceed one—sixteenth (1/16) of an inch (use under vehicular traffic only) . 2. Installation of brick pavers: When the modified asphalt adhesive is dry to the touch, carefully place the pavers by hand in straight courses with hand tight joints and uniform top sur- face. Good alignment must be kept, and the pattern shall be that shown on the plans. Newly laid pavers must be protected at all times by panels of plywood on which the installer stands. These panels can be advanced as work progresses. However, the plywood protection must be kept in areas which will be subjected to continued movement of materials and equipment. These precautions must be taken in order to avoid depressions and protect paver alignment. If additional leveling of the pavers is requi ,,ed, and before sweeping in joint filler, roll with a power roller after sufficient heat has built up in the surface from several days of hot weather. 3. Joint treatment : (a) Hand tight joints (shall read from 0" to maxi- mum 1/4") . Sweep a dry mixture of one part colored Portland cement (ASTM C91 ) to match color of brick pavers and three parts sand until joints are completely filled. Fog lightly with water. Cement stains that remain should be cleaned with a 10% solution of muriatic acid or mortar cleaner, or sweep with moist sand. J. PRECAST C01 CRETE PAVING ACCESSORIES All concrete gutters, curbs, fountain curbs, landscape curbs, etc. , shall be constructed of precast concrete and colored with an intergral concrete coloring to match the brick paving color. The finish will be produced by a plastic lining in the precast forms. K. BRIDGES Bridges as indicated on the drawings shall be constructed of precast concrete and colored with an intergral concrete coloring to match the brick paving color. The finish on the bridges will be produced by a plastic lining in the precast form. The bridges shall be designed to support a 100 P.S.F. live load at a span of 8'--6". All inside and outside corners or edges shall be chamferred with a 3/4" 450 bevel . The bridge walking surface shall have an 1/8" per foot slope from the mid span down to the two outside edges. L. L I GHT 11G Antique lights as indicated on the drawing are existing lights to '-e rel ocatud }..!i thji n the real 1 area or -from stock pile at the Aspen Electrical Department. Low level lights as indicated on the drawings shall [ie as manufactured by Sterner Lighting, Inc. , 11insted, Minnesota 55395. The light will be a modified version of the four—way wood cruciform light, and will be constructed of Cor—Ten Steel . See sheet A-4 for dimen- sions of lighting fixture. M. STREET FURIN I TURE Benches : Benches as indicated on the drawings shall be manu- factured by Landscape Forms, Inc. , Route 3, Kalamazoo, tliichigan 49001 . The bench will be Landscape Forms' LFB-437SC in the standard 7 '-0" length and constructed of top grade solid stock fas (select) cypress. N. LANDSCAPING Root Quantity Scientific t1lame Common Name Condition Size 82 Populus angustifolia cottonless B & B 1-112" cal . cottonwood 28 Malus Hopa hopa B & B 12" - 2" crabapple 2 Malus sp. crabapple existing 6' — 9' 42 Populus tremuloides aspen BR 8' — 12' 16 Populus tremuloides aspen existing 12' — 14' 58 Acer saccharinum silver maple B & B 1-3/4 cal . 46 Picea pungens blue spruce B & B 15' 10 Picea pungens blue spruce existing 8' — 12' 7 Pinus ponderosa ponderosa existing 5' — 6' pine 5 Robinia idahoensis pink flowering BR 1 1/2" cal . locust 1000 annuals various flats 7730 sq. ft. sod, meadow grass mixture 1 112" high 1643 sq. yds, grass seed bags ASPEN PEDESTR I AIJ HALL 3 March 1976 DESIGN DEVELOP►NENT PROBABLE COST OF CONSTRUCTION SUMMARY Contractor City Totals Demolition $ 191640 $ —o— $ 19,640 Excavation & Grading 4,400 —o— 4,400 Site Preparation 691050 —o— 69,050 Planting Material —o— 52,206 52,206 Paving Surfaces 4491846 149220 4649066 Street Furnishing 20,400 70,300 90,700 Street Lighting 37800 251080 282880 Repair Storefronts 201000 —o— 201000 Surplus Brick 10, 560 —o— 109560 $ 597, 696 $ 1619806 7591502 Subsurface Storm & Decorative ►°later 67,031 88375 155,406 Subtotal $ 6642727 $ 250, 181 914,908 Contingency 57 33,236 12,509 45,745 Subtotal Direct Costs $ 6979963 $ 2621690 8 960,653 Contractor' s Profit & Overhead 104, 694 397403 144,098 Subtotal Contract Price $ 8021657 $ 3021093 8 1 , 1047751 Professional Fee 40,000 —o— 409000 Temporary Sidewalks & Lighting 18,000 —o— 18,000 Total Construction Related Costs $ 860,657 $ 302,093 171629751 i ASPEN PEDESTRIAN MALL 3 tlarch 1976 DESIGN DEVELOPf"EfJT PROBABLE COST OF CONSTRUCTION CONTRACTOR COPY DIRECT COSTS -- Cooper Street 80,300 Hyman Street 809430 Galena Street 729577 Mill Street 859505 Cooper Street 74,284 Wagner Mode 389412 Independence Square 76,234 Wheeler N'ode 331578 Aspen Block Node 251766 Repair of Store Front Structure 209000 Surplus Brick (24,000 bricks) 10,560 597,696 Sub—surface storm water & decorative !-pater 672031 SUB—TOTAL 6649727 CONTINGENCY 337236 SUB—TOTAL OF DIRECT COSTS 697,963 CONTRACTORS PROFIT AIND OVERHEAD 1041694 SUBTOTAL OF CONTRACT PRICE 8021657 PROFESSIONAL FEE 40,000 TEMPORARY S I DEIJALKS & LIGHTING 187000 TOTAL CONSTRUCTION RELATED COSTS $ 8601657 i i l ASPEN PEDcSTRIAN MALL 3 .March 1976 DESIGN DEVELOPUIENT PROBABLE COST OF CONSTRUCTIO1 Demolition: Cooper Street (Existing) 22630 Hyman Street 3,560 Galena Street 5,350 Mill Street 51800 Cooper Street 29300 8 19,640 Excavation and Grading: Cooper Street (Existing) 800 Hyman Street 800 Galena Street 19200 Iili l l Street 800 Cooper Street 800 4,400 Site Preparation: Cooper Street (Existing) 191000 Hyman Street 19,000 Galena Street 101700 Mill Street 10,650 Cooper Street 9,700 S' 69,050 ASPEN! PEDESTRIAN IIALL 3 March 1976 DESIGN DEVELOPilENT PROBABLE COST OF CONSTRUCT I Oo,J Paving Surfaces: Water i�a Cooper Street (Existing) $ 59,400 $ 3,780 Hyman Street 59,400 3,780 Galena Street 56, 527 2, 100 Mill Street 67, 935 3,030 Cooper Street 54 264 1L480 Wagner Node 38 412 $ 14,220 Independence Square 70,384 Wheeler Node 321778 Aspen Block Node _ 241966 $ 464,066 — 14,220 $ 449, 846 Street Furnishings : Cooper Street (Existing) $ 11650 Hyman Street 850 Galena Street 100 f Mill Street 29600 Cooper Street 8 100 I Independence Square 5 500 F Wheeler Bode X800 Aspen Block Node 800 $ 20,400 Street Lighting: - Cooper Street $ 600 Hyman Street 600 Galena Street 800 Mill Street 800 Cooper Street 600 Independence Square 400 $ 3,800 Sub—surface storm & decorative water $ 67,031 ASPEN PEDESTRIAN PALL 3 March 1976 DESIGN DEVELOP14ENT PROBABLE COST OF CONISTRUCT I ON MASTER DIRECT COSTS Cooper Street (New Block) 949532 Galena Street 891242 Mill Street 132, 39 Cooper Street (Existing) 1061781 Hyman Street 1151429 Independance Square & Hunter Node 841365 Wheeler, Aspen Block, & Wagner Nodes 1001756 Repairs of Store Front Structure 20,000 743,944 Sub—Surface Storm 'Water & Decorative t�,'ater 15514-05 SUB TOTAL 899,350 Contingency 57 44 967 Subtotal of Direct Costs 4 944,317 Contractors Profit of Overhead 150 1411647 Subtotal of Contract Price 1 ,0851964 Professional Fees 11125,964 Temporary Sidewalks and Lighting 18,000 Total Construction Related Costs 111431964 DESIGN DEVELOPI!IENT PROBABLE COST OF CONSTRUCTION 3 March 1976 COOPER STREET (Between Galena and Hill ) I . Demolition 1. Remove 7,000 sq. ft. sidewalk and cu b (170 c.y. � 500 2. Remove 16,000 sq. ft. asphalt paving 700 3. Remove seven planters (2, 500 sq. ft. , 150 c. y. ) 350 4. Remove and reloc to five antique li hts cost including installation) — 5. Relocate One Fire Hydrant n 5500 ea. 500 6. Adjust One fanhole 580 S 2, 630 II . Excavation and Grading 1 . Regrade street section 400 yds. S 800 800 I I I . Si to P reparati on 1 . Sta;dng = ,d 2%-W 2. Rock dust underlay 400 yds. 2,800 3. Roll and compact 11000 4 199000 IV. Paving Surfaces 1. Brick paving 14, 040 sq. ft. x X3.50/sq. ft. 491140 2. Stone water bed 1 ,080 sq. ft. x 83.50 sq. ft. 3,780 3. Gutter 1 ,030 l . f. x 6.00/l . f. 6,480 8 59,400 V. Plant Materials 1. 2,505 sq. ft. sod x 8.25/sq. ft. 8 626 2. Shrubs, plants, flowers 2,000 3. Nineteen Aspens 760 4. Twenty—six cottonwoods 5,200 5. Seven Blue Spruce 875 6. Two Crabapples 250 9,711 DESIGN DEVELOPMENT PROBABLE COST OF COQ ISTRUCT I OIN 3 March 1976 COOPER STREET (cont. ) VI . Street Furnishings, Planters, etc. 1 . Twenty—two Benches @ X300./bench 8 6, 600 2. Five Bridges @ VOO./bridge 21000 3. Two Bike Racks 800 4. Five trash receptacles 11000 S 10,400 VII . Street Lighting 1. Install Eight Low Level Lights @ 1355 29840 2. Install Four Antique Lights @ 8`500 21000 4, 840 TOTAL 51062781 a 1 DESIGN DEVELOKIEiff PROBABLE COST OF CONSTRUCTION 3 14arch 1976 HYMAN STREET I . Demolition 1 . Remove 7,000 sq. ft. sidewalk & curb (170 c.y. ) 3 500 2. Remove 16,000 sq. ft. asphalt paving (400 c.y. ) 900 3. Relocate two manholes 1, 160 4. Rel ocate' hydrants C: 8)500 each 500 5. Remove and r locate five antique ligc�hts cost included in instaTiation) 6. Remove ten planters 2, 500 sq. ft. 500 31560 11 . Excavatim and Grading 1 . Regrade street section 400 yds. S00 800 III . Site Preparation 1 . Staking and engineering 69200 2. Rock dust underlay 400 yds. 2,800 3. Roll and compact 1,000 4' 19,000 V. Paving Materials 1. Brick paving 15, 180 sq. ft. � S33. 50/sq. ft. 3 53, 130 2. Stone water bed 1 ,080 sq. ft. x 53.50/sq. ft. 3,780 3. Gutter 1 ,080 l . f. x 6.00 l . f. 69480 8 591400 V. Plant f-laterial 1. 2,515 sq. ft. sod @ 8.25/sq. ft. 8 629 2. Twenty—six cottonwoods 5,200 3. Fifteen aspens 600 4. Shrubs, plants, flowers 21000 5. Six ponderosa pine 750 6. Two flowering locusts 250 i 9,429 i DESIGN DEVELOPS"SENT PR03ABLE COST OF CONSTRUCTION 3. h�arch 1976 HYMAN STREET (cont. ) VI . Street Furnishings Planters etc. 1. Twenty—two benches @ $300/bench 6,600 2. 5 Bridges 51000 3. Twelve planters n $40O 4, 800 4. Trash paper receptacles (5) 21000 18,400 VII . Street Lighting 1. Install eight low level lights @ .; 355 ° 21840 2. install four antique lights C) 5500 21000 4,840 TOTAL $115,429 DESIGN DEVELOPc ENT PROBABLE COST OF COINST;UCT I Ott 3 t=larch 1976 GALENA STREET I . Demolition 1 . Remove 9,360 sq. ft. concrete walk 780' x 233 yds. 650 2. Remove 24,250 sq. ft. asphalt 600 c.y. 1 , 350 3. Remove five planters 1 ,200 sq. ft. , 65 yds. 150 4. Remove and relocate two anti clue tights (cost included in installation) — 5. Drop two manholes 1 ' to 2' 11200 6. Remove Sinclair Station 2,000 5, 350 II . Excavation and Grading 1 . Regrade street section 600 yds. 1 ,200 8 1 ,200 III . Site Preparation 1 . Staking and engineering 8 6,200 2. Rock dust underlay 31000 3. Roll and compact 11500 x'10,700 IV. Paving Surfaces 1 . Brick paving 14, 865 sq. ft. x 53. 50/sq. ft. 8487667 2. Stone water bed 600 sq. ft. x 13.50/sq. ft. 2, 100 3. Gutter 960 l . f. x 36.00/l . f. 5,760 356, 527 V. Plant tateri al s 1. Seventeen crabapples 21550 2. Eleven evergreens 3" 11650 3. Ten cottonwood 2,000 4. 800 sq. ft. annuals 21400 5. 900 sq. ft, sod x 8.25/sq. ft. 225 $ 6,825 DESIGN DEVELOPUT PROBABLE COST OF CONSTRUCTION 3 March 1976 GALENA STREET (cont. ) VI . Street Furnishings 1. Two bridges 800 2. Trash receptacles (five) 11000 8 1,800 VII . Street Lighting 1 . Install eight low level lights @ ;355.00 8 21840 2. Install eight antique lights C 8500.00 i 4000 8 6, 840 TOTAL X89,242 d DESIGN DEVELOPI'IENT PROBABLE COST OF CONSTRUCT I OIN 3 Harch 1976 I . Demolition 1. Remove 150 linear feet detached sidewalk (1200 sq. ft. )S 100 2. Remove 416 line r feet sidewalk & gutty 9,600 sq. ft. , 250 c.y. 500 3. Remove 20,000 sq. ft. asphalt (600 c.y. ) 11400 4. Remove 12 planters (3,600 sq. ft. , 200 c.y. ) 500 5. Remove and relocate three antique lights 11500 6. Relocate three manholes 11800 $ 5,800 II . Excavation ane Grading 1 . Regrade street section 800 $ 800 III . Site Preparation 1 . Staking and engineering $ 6,200 2. Rock dust underlay 450 yards . 3,200 3. Roll and _compaGt 1 ,250 $10, 650 IV. Paving Surfaces 1 . Brick Paving 18,073 sq. ft. x 03. 50/sq. ft. $61 ,015 2. Stone water bed 880 sq. ft. x ;3. 50 sq. ft. 3,080 3. Gutter 640 l . f. x 56.00/l . f. 31840 X67,935 V. Plant Material 1. Fifty-eight silver maples $ 81700 2. One blue spruce 125 3. One ponderosa pine 125 4. 1 ,643 sq. ft. grass @ $. 10/sq. ft. 164 5. Shrubs, plants, and flowers 31000 $12, 114 DESIGN DEVELOPIIENT PROBABLE COST OF 011STROCTION 3 March 1976 MILL STREET (cont. ) VI . S'-reet Furnishings Planters, etc. 1 . Play structure (installed) 700 sq. ft. x 815/sq. ft. 3 10, 500 2. Swing and slide 1 ,000 3. Restroom structures 225 sq. ft. x S40/sq. ft. 9,000 4. Twenty—four benches x 9300/bench 7,200 5. Five trash receptacles 19000 S^ 28,700 VII . Street Lighting 1 . Install eight low level lights ; 355/light 8 2, 840 2. Install eight antique lights x 5500/lights 4 LOOM S 6, 840 TOTAL 51322839 DESIGN DEVELOPMENT PROBABLE COST OF CONSTRUCTION 3 March 1976 COOPER STREET (Between Galena and Hunter) I . Demolition 1 . Remove 6,480 sq. ft. sidewalk and curb (160 c. y. ) 3 500 2. Remove 13, 500 sq. ft. asphalt (330 c.y. ) 800 3. Relocate five 22'' caliper trees 4. Relocate two hydrants 19000 $ 2,300 II . Excavation and Grading 1 . Regrade street section remove 400 yards $ 800 $ 800 III . Site Preparation 1 . Staking and engineering $ 6,200 2. Rock dust underlay 375 yards 21700 3. Roll and compact 800 $. 99700 IV. Paving Surfaces 1. Brick paving 14,094 sq. ft. x 53. 50 sq. ft. 461368 2. Stone water bed 423 sq. ft. x x;3. 50 sq. ft. 1 ,480 3. Irrigation piping 24 l . f. x 810/l . f. 240 4. Concrete curb 110 ] . f. x 810/l . f. 1 , 100 5. Gutter 846 l . f. x 86/l . f. 51076 8 54,264 V. Plant Material 1. Twenty cottonwoods $ 49000 2. Twenty—five aspen trees 11000 3. Shrubs, plants and flowers 21000 4. Three flowering locusts 375 5. Sod grass 1 ,810 sq. ft. x $.25 453 8 7,828 DESIGN DEVELOPi SENT PROBABLE COST OF CO ISTRUCTI OIN 3 �,,9arch 1076 COOPER STREET (cont. ) J . Street Furnishings 1. Six trash receptacles 8 11200 2. Five bridges @ 00400 2 000 3. Twenty—two benches 0 X300 6, 600 4. Fountain 51000 14, 800 VII . Street Lighting 1 . Install eight low level lights @ a355/light 8 21840 2. Install four antique lights L�) S"500/light 21000 w 4, 840 TOTAL t 94, 532 1.«a� DESIGN DEVELOTENT PROBABLE COST OF CONSTRUCTION 3 parch 1976 WAGNER NODE ( Intersection of Cooper and hill ) 1 . Demolition — Included in Cooper and Hill take off Ii . Excavation and Grading — See item I 111 . Site Preparation — See item I IV. Paving Surfaces 1. Brick paving 5,475 sq. ft. x 43. 50/sq. ft. S 181637 2. Gutter 150 l . f. x f6/l . f. 900 3. Irrigation piping 300 l . f, x 110/l . f. 31000 4. Two water tanks x 51 ,000/tank 21000 8 38,412 V. Plant Materials — See item I V1 . Street Furnishings — See item I VII . Street Lighting — See item I TOTAL 8 38241 DES I GN- DEVELOPKENT PROBABLE COST OF CONSTRUCTION 3 March 1976 INDEPENDENCE SQUARE ( Intersection of Cooper and Galena) I . Demolition — Included in Galena and Cooper St. take off II . Excavation and Grading — See item I III . Site Preparation — See item I IV. Paving Surfaces 1 . Brick paving 17,807 sq. ft. x X3. 50/sq. ft. 8 629324 2. Irrigation piping 380 l . f. x 110/l . f. 32800 3. Gutter 710 W. x 86/l . f. 4 260 70,384 A Plant Materials 1. Eleven crab trees 11650 2. 550 S.F. annuals 19650 3,300 VI . Street Furnishings 1 . Ten benches C 1300/bench 3. 37000 2. Fountain 51000 8,000 VII . Street Lighting 1. Install eight low level lights @ 035/light 22680 2,680 TOTAL 8 84,365 DESIGN DEVELOPKENT PROBABLE COST OF CONSTRUCTION 3 Mirch 1976 WHEELER NODE ( Intersection at Mill and Hyman) I . Demolition — Included in Mill and Hyman St. take off II . Excavation and Grading — See item I III . Site Preparation — See item I IV. Paving Materials 1. Brick paving 6,505 sq. ft. x 33. 50/sq. ft. 8 221242 2. Irrigation piping 112 l . f. x 110/l . f. 11500 3. Concrete curb 150 l . f. x 810/l . f. 11500 4. Black top paving 171 s.y. x 816/s.y. 2336 8 32,778 V. Plant Materials 1 . Two blue spruces S 19200 2. 100 sq. ft. annuals 300 1 ,500 VI . Street Furniture 1. Two bike racks 800 800 VII . Street Lighting — See item I TOTAL 8 351078 DESIGN DEVELOPI1NT PROBABLE COST OF COI ISTRUCT I 0 a 3 Harch 1976 ASPEN BLOCK NODE ( Intersection at Hyman & Galena) I . Demolition — Included in Pill & Hyman St. take off II . Excavation and Grading — See item I III . Site Preparation — See item I V. Paving Materials 1. Brick paving 4,273 sq. ft. x 0'3. 50/sq. ft. 8 14 430 2. Irrigation piping 112 l . f. x 810/l . f. 11120 3. Concrete curb 150 l . f. x 310/1 . f. 1, 500 4. Black top paving 171 s.y. x 316/s. y. 2,736 ' 241966 V. Plant Materials 1. Two blue spruce 11200 2. 100 sq. ft. annuals 300 1 ,500 VI . Street Furniture 1 . Two bike racks 800 800 VII . Street Lighting — See item I TOTAL 8 272266 ' RONALD C.McLAUGHLIN WRIGHT-Mc LAUGHLIN ENGINEERS COMPLETE ENGINEERING SERVICES KENNETH R.WRIGHT IN THE SPECIALTY FIELDS OF HALFORD E.ERICKSON ENGINEERING CONSULTANTS WATER SUPPLY AND DISTRIBUTION DOUGLAS T.SOVERN 2420 ALCOTT STREET WATER AND SEWAGE TREATMENT JOHN T.MCLANE DENVER,COLORADO 80211 SEWAGE COLLECTION AND REUSE (303) 468.6201 INDUSTRIAL WASTES STORM DRAINAGE THOMAS W.MORRIS ASPEN OFFICE STEAMBOAT OFFICE FLOOD CONTROL AND JIMMIE D.WHITFIELD P.o.Box eo2e P.o,BOX 5220 OTHER WATER-ORIENTED PROJECTS ASPEN,COLORAOOelell STEAMBOAT VILLAGE,COLORADO $04" December 31 , 1975 Mr . William Kane Planning Department City of Aspen P . O . Box V Aspen , Colorado 81611 Re : Letter Report ---Water-Related Engineering for Mall Design Development Dear Bill : This report covers the water- related preliminary engineering necessary for design development of the Aspen mall and com- plies with our signed proposal dated December 3 , 1975 • The mall scheme , as presently proposed , was thoroughly discussed and design criteria outlined during a meeting with Tony Coleman on December 23 , 1975 . The mall area includes Cooper Street between Hunter and Mill Streets , Hyman Street between Galena and Mill Streets , Mill Street between the alley south of Cooper and Hyman Streets , and Galena Street between the alley south of Cooper and Hyman Streets . A decorative and irrigation water system as outlined includes a water source transmitted in a buried conduit to a beginning point in the mall at the intersection of Hunter and Cooper Streets , where the water would then be surfaced and flow in dual channels along Cooper Street from Hunter to Galena . The flow would split at Galena , and one half would run on down Cooper to Mill in dual channels ; and from there , down Mill to Hyman is a single channel . The other half of the flow would be carried down Galena to Hyman and then along Hyman to Mill in dual surface channels . At Mill and Hyman , the flow would then be combined again and could be carried back along Hyman Street in a buried conduit from Mill to Galena , then down Galena across Main Street , and then surfaced in the Trueman Property to be used for irrigation or returned to the river . Drainage requirements , as we see them for the mall , should include major drainage ways on the surface in both Mill and Galena Streets and a buried local drainage system to collect and carry off polluted urban runoff . k_1 Mr . William Kane December 31 , 1975 Page 2 Discussion of specific disciplines follows : ( 1 ) Decorative and Irrigation Water Sources The best water sources available for use in the mall include the Durant Mine water and Roaring Fork River water from the Wheeler and East Aspen Ditches . The Durant Mine produces a dependable supply of approximately 1 /2 cfs of good quality water . The water rights are owned by the City of Aspen with two adjudications dated November 5 , 1971 . One appropriation , dated October 17 , 1957 , is for 0 . 83 cfs , and the other appro- priation is dated August 18 , 1965 , for 2 cfs . Even with the recent adjudication date , this is a dependable -rater source for decorative purposes , since the water would eventually reach the Roaring Fork , as it always had . Essentially no other rights would be adversely affected . The Wheeler and East Aspen Ditches take water from the Roaring Fork at headgate near Ute Park . The City owns the water rights for these two ditches . The adjudication date for the East Aspen Ditch is August 25 , 1936 , with an appropriation date of May 1 , 1932 . The adjudication date for the Wheeler Ditch is May 11 , 1889 , with an appropriation date of September 1 , 1882 . The adjudication for these two ditches combined is for 16 cfs , and both are considered very senior water rights on the Roaring Fork River . Even though the adjudication is for 16 cfs , it is our judgment that 5 cfs would be physically available 95% of the time , even in dry years , and still meet minimum stream flow criteria on the Roaring Fork through Aspen . Our recommendation is that diversion facilities be constructed to take the entire decree of 16 cfs and ditches be sized to carry this quantity of water from the headgate to the existing ponds at Glory Hole Park . Flows could then vary from approxi - mately 5 cfs in dry times to 16 cfs when the water is available . The existing diversion structure presently requires some modifi - cation , and the present ditches will have to be rebuilt to handle the entire decree . A preliminary estimate to accomplish these two items is $30 , 000 . (2) Transmission Pipeline from Glory Hole Park to Mall The dependable supply , even in dry times , as discussed above , from the Roaring Fork River and the Durant Mine is approxi - mately 5 cfs . It is , therefore , our recommendation that the supply for decorative and irrigation uses in the mall be maintained at a constant 5 cfs . An intake structure could be installed at the Glory Hole Ponds to take the 5 cfs . Any additional water passing through the pond could then be chanelled back to the river via the existing 36- inch CMP presently Mr . William Kane December 21 , 1975 Page 3 used . A buried pipeline appears to be the best method of transmitting the water from Glory Hole Park to the mall . - A 12- inch pipe would be required, and an approximate alignment is shown on Figure I attached . A cost estimate for the intake structure and pipeline is shown below . Intake Structure Lump Sum $ 1 , 500 Pipeline 12- Inch 1 , 350 1 . f . @ $ 12/ 1 . f . 16 , 200 Construction Cost $ 17 , 700 Contingencies , Engineering , Surveys , Legal , Administrative , etc . (Plus 25%) 4 , 425 Total Cost $22 , 125 (3) Decorative Water Scheme Through the Mall Dual channels are shown for carrying water through the malls for asthetic and irrigation purposes . The channels should be capable of handling approximately 2 . 5 cfs . The minimum grade on the flatter east-west streets (Cooper and Hyman ) is 0 . 7% , which is steep enough to cause erosion if the channels are not lined in some manner . It is recommended that river rock be used for this purpose , providing a natural appearance and an economical solution . A typical cross -section is shown on attached Figure II . The north- south streets (Galena and Mill ) have a grade of approximately 2% , which is steep enough to cause the water to flow in a turbulent state . If a slower , smoother flow is desirable , drops could be built into the channel with flatter gradiants . A schematic profile of this concept is attached as Figure III . (4) Plan for Carrying Decorative Water to the River Once it Leaves the Mall The decorative and irrigation water will be collected at the intersection of Mill and Hyman Streets after it has passed through the mall . At this point , the water could be diverted to irrigate Wagner and Paepke Parks , if desired , but some method is going to be necessary to carry the entire quantity of decorative water to the river at times when no irrigation is necessary . This transmission could be accomplished in surface channels or in buried conduits in Mill or Galena Streets . The most economical appears to be via buried con- duit back down Hyman Street to Galena Street , where there will already be excavation for the mall and no paving replacement will be necessary . From Hyman and Galena , the conduit could then run north and proceed along Galena parallel to and Mr . William Kane December 31 , 1975 Page 4 installed with a new drainage pipe to be constructed for the mall as discussed below . The decorative water transmission line would have to cross Main Street along with the drainage pipe and extend down the steep grade north of the Court House to some point in the Trueman Property where it would surface . The water could then be used to irrigate the Trueman Property or be directed via the existing swale to the river . A pre- liminary cost estimate for the decorative water transmission line from the mall to the Trueman Property is shown below. 10- Inch Pipeline 1 , 300 l . f . @ $ 10/ 1 . f . $ 13 , 000 Contingency , Engineering , Surveys , Legal , Administrative , etc . ( Plus 25%) 3 , 250 Total Cost $ 16 , 250 (5) Major Drainage Criteria The 100-year flows that can be anticipated in Mill and Durant Streets with the present contours of the lower part of the ski area and the development that abuts the ski area is quite substantial , being 50 cfs in Mill Street and 225 cfs in Durant Street . The mall through these two streets should be capable of handling these flows . The most economical method is to provide for carrying this water on the surface by depressing the street somewhat . Typical cross -sections for both Mill and Galena Streets providing capacity necessary to handle the 100- year flood without over-topping the door sills are shown in Figure IV . The transition from the present street configuration to a depressed cross -section is not difficult on the south or up- hill end of the mailed sections of Mill or Galena Streets . Flows will easily flow into a depressed area without any ad- verse effects . Any transition contours that meet asthetic design criteria would be acceptable . The transition from the depressed mall back to the existing streets on the north side of the mailed area is more diffi - cult . Mill Street is less of a problem than Galena , since the flows in Mill can be contained in the street cross -section with only slight over-topping of some of the lower door sills . The transition at Mill and Hyman should be as gentle as pos - sible . The problem at Galena and Hyman is that the flows cannot be contained in the street cross -section north of the mall in Galena Street and part of the flow will split and begin to run west along Hyman street , creating considerable turbulence near Aspen Drug . It is our recommendation that a large Mr . William Kane December 31 , 1975 Page 5 catchment basin be installed at the intersection of Galena and Hyman to collect the major flows and local runoff . The catchment facility and a pipeline from the catchment should be sized to handle flows over and above the surface flow capacity of Galena Street below the mall . The pipeline al - ignment would be in Galena Street from the catchment to a point below the Court House . A pipeline would be necessary in approximately the same location to provide for handling local runoff from the mall (as discussed below) . We are recommending here that the local drainage pipe be increased a couple of sizes to handle a portion of the major drainage . The system as outlined can operate as an ultimate solution to major drainage if the present proposed mall is the final configuration ; or if the mall is extended along Galena Street , the system can automatically be integrated . A preliminary cost estimated for the catchment basin and the connecting pipeline is included in the next section below . (The size of the pipeline may be reduced during final design when better information is available . ) (6) Local Runoff Plan A schematic showing a recommended local drainage system is attached as Figure V . The system as shown is a combination facility which provides for ( 1 ) the separation of polluted local runoff from the cleaner runoff from Aspen Mountain , (2) a solution to local downtown drainage irritations , (3) eliminating local runoff from flowing in the mall , and (4) an outfall which is a combination major drainage way . This system would solve approximately 60% of Aspen ' s down - town local drainage problems . This is accomplished by catch- ing and containing runoff along Hunter , Galena , and Mill Streets and carrying the polluted runoff underground to a point below the Court House , where it is discharged into an existing swale . It should be noted that the receiving swale is presently too steep to handle the runoff without some erosion , but this could be corrected when final plans for the area are complete . A cost estimate for a drainage system as outlined is included below. 54- Inch Pipeline 800 l . f . @ $50/ 1 . f . $40 , 000 24- Inch Pipeline 1 , 000 l . f . @ $22/ l . f . 22 , 000 18- Inch Pipeline 250 7 . f . @ $ 17/ 1 . f . 4, 250 12- Inch Pipeline 125 l . f . @ $ 15/ 1 . f . 1 , 875 Major Inlet 1 each @ lump sum 3 , 000 Regular Street Inlet 13 each @ $ 1 , 500/ea.19 , 500 Mall Inlets 6 each @ $500/each 3 , 000 Mr . William Kane December 31 , 1975 Page 6 Construction Cost $93 , 625 Contingency , Engineering , Surveys , Legal , Administrative , etc . (P I us 25%) 23 , 406 Total Cost $ 117 , 031 The solutions discussed above are in accords with water man- agement principles outlined in the Aspen Urban Runoff Manage- ment Plan . Respectfully submitted , WRIGHT-MCLAUGHLIN ENGINEERS Kenneth E . Ash KEA : Iw Encs . FIGUR E I i y rm y o, v � Q J y. Z = O 0 co co HpPK/ o h NS = I c '4VF III Hy,y4* 1 4 p I COO p 4VF AP,010,r1177 a fe 411_9,,-7 ma an-t pUR4,V AVF GF FRS AV � � F Z w ti v DECORATIVE AND IRRIGATION WATER PIPELINE 19 11 ASPEN MALL DESIGN DEVELOPEMENT ' WRIGHT- IVICLALEGI- LIN ENGINEERS 2420 ALCOTT ET. OENVER, COLO. F30211 j 12/30/75 ! FIGURE .II. � 2 4 12 " '• II i 8 " MINIMUM ROCK "' 'l1 r 1 2" TYPICAL CROSS SECTION FOR DECORATIVE AND ! IRRIGATION WATER. CHANNELS I ASPEN MALL DESIGN DEVELOPEMENT i WRIGHT- MCLAUGHLIN ENGI[MEERS 2420 ALCOTT £{T. DENVER, COLO. E3O211 12/30/ 75 FIGURE III I MALL PROFILE D/TCh B0t7'0,'77 wirh E�-inch Rock L.ivINO � %7F'zti. with L.arcyc I� PROFILE FOR DECORATIVE WATER CHANNELS ON I i NORTH SOUTH STREETS ( GALENA 6 MILL ) ,a ASPEN MALL DESIGN DEVELOPEMENT WRIGHT- IVICLAEUGHLIEN ENGINEERS 2420 ALCOTT ST. OE NVER, COLO. 80211 FIGURE IV -- — 75 10 ' 23 I 23 GALENA ST. tow � o I / � r 23 6 I 27 MILL ST. NOTE: OUTSIDE OF TRAPEZOID TO BE CURVED p� g TYPICAL GROSS SECTION FOR GALENA AND MILL STREETS TO PROVIDE FOR MAJOR DRAINAGE �a ASPEN MALL DESIGN DEVELOPEMENT i WRIGHT- MCLA,UGHLIN ENGINEERS 2420 ALCOTT ST: DENVER, COL O. 80211 !3 12 /30 / 75 FIGURE Y W > > z a { cr. z W a CL o o �- U = W > MILL ST. 18" 24" a O O y Z 12 " 24" O O n. Z „ GALENA ST_ — la 24 48"-54" — O O 24" I HUNTER ST. 11 i+ — I , I MAJOR INLET O 6 MALL INLETS 13 REGULAR INLETS SCHEMATIC DRAWING OF RECOMMENDED DRAIN14GE SYSTEM ASPEN MALL DESIGN DEVELOPEMENT WRIGHT- McLALIGHLIN ENGINEERS 2420 ALCOTT ST. DENVER, COLO. 80211