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HomeMy WebLinkAboutresolution.council.023-02 RESOLUTION NO. 23 (SERIES OF 2002) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING PART II OF A DESIGN/BUILD CONTRACT BETWEEN THE CITY OF ASPEN AND WELCH TENNIS COURTS, INC., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN. WHEREAS, there has been submitted to the City Council Part II of a Design/Build Contract betWeen the City of Aspen, Colorado and Welch Tennis Courts, Inc., a copy of which is annexed hereto and part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that Part II of a Design/BUild Contract between the City of Aspen, Colorado, and Welch Tennis Courts, Inc., regarding the Tennis Court Construction at the Aspen Golf Club Tennis Facility, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said Contract on behalf of the City of Aspen. Dated: ,/~'~ o~--.~-- ,2002. -- Helen~KK a~li~ild~.~ I. Kathryn Koch. duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolu,0on adopted by the City Council of the City of Aspen, Colorado. at a meeting held c/' y.~L~ ~-.QoQ .2002. --- ~ _ 2 Kathryn S. Kogh', City Clerk pROCUI~MENT coNTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each request for review or approval. Contracts under $5,000 require only Department Head approval. Contracts over $5,000 require City Manager approval. They do not require competitive bids but require documentation' of s°ffree selection process. Contracts over $10,000 require City Attorney and City Manager approval._ Competitive bidding process is required: Contracts over $25,000 require City Council approval. ALL CONTRACTS Sudget estimate: $ OOO Is proposed expenditure approved in th~ Department's budget.* /~/ Yes /-_._.2/ No $5,000 AND 13NDER $10,000 Contractor/Vendor Selected: / /~/ Dept. Head approval: I / / City Attorney review: / / / City Manager Approval: Original signed contract documents to City Clerk, Department and to Vendor/Contractor CONTRACTS OVER $10,000 / / RFP or ITB Completed: ~-~ r gt~/~ RFP or ITB Reviewed by City Attorney: / / / P~ Advertisement / / / 2~ Advert!sement (Attach Advertisement) / /_ / Bid Opening: Co.traotor/Veador Set : ~ Dept. Head approval: ~d g Award letter sent: I ~/ / 3 signed contracts returned ~rvendor/contractor. /~/ Performance and Payment Bonds received /~/ Certi~c~to of insurance received / Finance Department Review: ~25.000~ ~--00/'~'"Prepare c°ver mem° and res°luti°n f°r City Cenncil Appr°vai. ~//~.~__~.~City Attorney Review. ~/~ / / / City Manager Approval: ! / / City Cou~.cit Approval '~-/9'"~ / / / Notice to Proceed Original signed contract documents to City Clerk, Department and Contractor/Vendor ATTACHMENT A Entity Task Cost Welch Tennis Courts / Nets $301,232 __ Wind Fencing ' Concrete Curb Fencing Sl:ta~--' Concrete Flatwork $10,810 Shaw iWaterfine Installation $8,507 I Par~ / ' EiectricFFelephone -- $3,500 Parks Rough Grading $15,000 Shaw , Fine Grading $7,500 Park~--- Lan~scap_in_g '~25,000 Parks Tennis Shack $5,000 Subtotal $376,549 .... ~ Survey $2,500 __ ~_esign/Project Man_agement I $25,000 . Subtotal $404,049 Contingency 5,2% $20,951 TOTAL BUDGET I $425,000 11999 Bond $4~0,000 Landscape Mitigation $25,000 I * $425,000 ATTACHMENT B PA,~T ON5 AG.,~EE.~E. NT FOR DESIGN/~U~LD PROJECT THiS AGREE~IENT. made and catered in~o on September 19, 200i , by and bebveen the CITY, OF ASP,~N, Colorado, hereinafter called the "City", and Wetoh Tennis Courts t~c. hereinaff~er caited the "Design/Builder". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications ,and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project entitJed: Trusc¢~~. T~n~i$ C~ple~. , 8tRd, WNEREA$, the DesJ§n/Builder, in response to such advertisement, or ir~ response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed proposal in accordance with the terms of said invitation for Proposals; and, WHEREAS, the City, in the manner prescribed by I~.~, has publicly opened, examined, and canvassed the proposals submitted in response to the published Invitation for Proposals therefore, and as a resu!t of such canvass has determined and declared that [t is in the Cify"s best interest to award to the Design/Builder this Part 1 Agreement therefore, for the sum or sums set forth herein: NOW, TH.~.EFORB, in consideration of the payments and Part ! Agreement herein mentioned: 1, The Design/BuiJder shaii commence and complete the Work as fully described in the Contract Documents· 2. The Design/Builder shall furnish ail of the materials, supplies, tools, equipment, labor and other services necessary for the Work described herein. 3. The Design/Builder shall commence the Work required by the Conlract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will comDiete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate previsions in the Contract Documents. 4. The CesJgn/BuJJder agrses to '.~e~crm ail of ~he W~rk described ~n ~he Contract Documents ~nd compiy wi~h ~he ~erms ~herei~ ~'or a sum not ~u 8xcBed 5. The term "Contract Documents" means and includes the documents listed ;n the City of Aspen General Conditions for Part 1 DesignlBuiid Projects, the Special Conditions. if any, and Design/Builder's Proposal, The Contract Documents are included herein by this reference and made a part hereof as if fully set for:.h here. 6. The City shall pay to the Design/Builder in the manner and at such time as se( fo~h in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Pa~ 1 Agreement shalI be binding upon ail parties hereto and their respe~ive heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or [n the Contract Documents, this Part 1 Agreement shai[ be subject to the CiW of Aspen Procurement Code, T[tle 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by [he City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolu;dcn of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to,. execute the same. 8. This agreement and ail of the covenants hereof shall inure tc the benefit of and be binding upon the City and the Design/Builder respe~ively and their agents, representatives, employees. Successors, assigns, and legal ~,-~"~="+=+;,~, ...... ,y nor the r~, ........... ¢,.s. Neither Design/Builder shall have the dght to assign, transfer or sublet his or her inten~st or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Design/Builder or the City may assign this Part I Agreement in accordance with the specific wrJ~en consent, any rights f.o ciaim damages or to bring suit, action or other proceeding against either the City or' the Design/Builder because cf any breach hereof or because of' any of the terms, covenants, agreements or condition's herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be pedonmed, kept and obsen;ed by the other pa~/ shall be construed, or operate as, a waiver of any subsequent defauit of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Part 1 Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the coulls of Pitkin Count/, Colorado. 12. in the event that !egal action is necessao' to enforce any of the provisions of (his Part, ! Agreement, the prevailing pa,rt/shail ~e entitled to its costs and reasonable attorney's · ~ees. 3, "his ::;r~ ~ ~greem~nt vas :'~vi:¢wed and acceptee !brough tile ;q~ :a~ies hera.rs. -:nd he 'sorties agree that ~,c :onstructicn shaii be made or presum~t',cr: shall arise for or against either pa¢o! based cn shy alleged unequal status cf the parties in the negoiiation, review or drafting of this Part I Agreement. t4. The undersigned reCresentative of t~e Design/Builder, as an inducement to the City to execute this Part 1 Agreement, represents that he/she is an authorized representative of ~he Design/guilder for the purposes of executing this Pert 1 Agreement and that he/she has full and complete authority to enter into this P~r~ t Agreement for the terms and conditions specified herein. iN WITNESS WHEREOF, the parties agree hereto have executed this Part. 1 Agreement on the date first above written. A'I-rESTED BY: / 'Cllh( O?z~, COLO PC~DO RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: ATTESTED BY: DESIGN/BUILDER: Note: Codification of !nco~oratio~ shall be executed if Design/Builder ;s a Corporation. if a pa~ne~hip, the Agreement shall be signed by s PrincipaJ and indicate title. (To be completed if Design/Builder is a Corooration~ STATE OF ~=iaa ) ) COUN~ OF _~il~s~oro,~ ) On this za~x day of s~c~b~= ,20oz _ before me appeared D~¥~a $. ~s~,ze7 , ~o me persona~ly k~ow~, who. being oy me first du]~ sworn, did say that s/he is D~r.cto: n¢ Sale* and Marketinz of '¢elch Tennis Courts. Inc. amd [hat the seal a~xed to said inst~ment is the coroorate seal. of said co~ora~ion, and tna~ said instrument was signed and sealed in behalf of said corporation by authoriW of its board of d[rec[o~, aha sa~ ~egonen~ acknowledged said instrument to be the ~ee a~ and deed of said corporation. VVlTNESS MY HAND AND NOTARIAL SEAL the day and year ~r this certificate first above written Welch Tennis Courts, Inc. ~brtd"s Largest Builder of Fast Dr), Courtx USTA · USPT.& USTC & TBA OcroberI,200I A.RDA Arm: Tim ?,_nd~son, CLP Recregion Director The City of Aspen Parks and Recreation Department 130 South Galena Street Aspen, Colorado 816 ! 1-1975 Faxing 2 page~ including this cover sheet Dear Tim, The follox¥Sng is the addkiona/wording ttut rtate~ that Welch Tennis will not charge for ~Cditicna! design service (fees). The des/.gn cf the ceur~.s is pare of the cons~:ucIion ~ar we perform. Please feel ~ee to call ifd~ere are any questions. Sincerely Deborah P, Carlson Sales Adminisira~or ATTACHMENT C PART II AGREEMENT FOR DESIGN/BUILD PROJECT THIS AGREEMENT, made and entered into on April '17, 2002 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Welch Tennis Courts, Inc. hereinafter called the "Design/Builder". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project entitled: Truscott Tennis Facility, and, WHEREAS, the Design/Builder, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed proposal in accordance with the terms of said Invitation for Proposals; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted in response to the published Invitation for Proposals therefore, and as a result of such canvass has determined and declared that it is in the City's best interest to award to the Design/Builder this Part 2 Agreement therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Part 2 Agreement herein mentioned: 1. The Design/Builder shall commence and complete the Work as fully described in the Contract Documents. 2. The Design/Builder shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the Work described herein. 3. The Design/Builder shall commence the Work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Design/Builder agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Three hundred one thousand two hundred thirty-two dollars ($301,232.00) or as shown on the Proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions for Part 2 Design/Build Projects, the Special ConditiOns, if any, and Design/Builder's Proposal. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Design/Builder in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Part 2 Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Part 2 Agreement shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4~08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Design/Builder respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Design/Builder shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Design/Builder or the City may assign this Part 2 Agreement in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Design/Builder because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Part 2 Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the prowsions of this Part 1 Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Part 2 Agreement was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Part 2 Agreement. 14. The undersigned representative of the Design/Builder, as an inducement to the City to execute this Part 2 Agreement, represents that he/she is an authorized representative of the Design/Builder for the purposes of executing this Part 2 Agreement and that he/she has full and complete authority to enter into this Part 2 Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Part 2 Agreement on the date first above written, ATTE,,STED BY: /2 CITY OF ASPEN, COLORADO Title: ~-~¢~' //47,¢-,~z~ / / RECOMMEND~I~ FOR APPROVAL: APPROVEDAS TO FORM: · ' - 6hTCy At~rne~ Note: Certification of Incorporation shall be executed if Design/Builder is a Corporation. If a partnership, the Agreement shall be signed by a Principal and .indicate title. 04/17/2002 09:52 0136417795 WELCH TENNIS PAGE 05 CERTIFICATE OF INCORPORATION (To be completed if Design/Builder is a Corporation) STATE OF r~ I O r I'~l ~_ ) COUNTY OF ~ ;. Il 9 ~,o ¢oI~ k)) SS. Onthis ' I~,~.k dayof ~¢~-~[ ,2002., beforeme appeared ~_~-c~¢'~r~. Toc~c[ ,'~-¢.. , to me personally known, who, being by me first duly sworn, did say that'l~/he is ~'¢'~ s~' ~,,..T' of ~[z~e.[~ T~'~.~,.¢...~.. C-,~,-+~ ,.f2~.~C- and that the seal affixed to said instrument is the corporate Seal of said corPOration, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in thiS certificate first above written. Notarl~Public Address ! ' My commission expires: 0,~- = ~- ~ ~ [~~~ 0~/~7/~002 09:~ 81~6~17795 ~L~ TE~IS PA~E 0~ Scope of Ve'ork The City of Aspen Parks and Recreation Department Truscott Tennis Facility The scope of work for this project includes the provision and complete installation of six (6) HydroGrid tennis courts. Work under this scope is anticipated to begin in late May 2002 and be eom ~leted by July t6, 2002. This revi~ed work scope has been develol~ed in coordination with the '~Velch Tennis Courts, lnc propose dated September 28, 2001 CONSTRUCTION REQUItt. EMENTS The City of Aspen (Owner) will require ~~ from the Contractor as outlined in Section 5.1 of the General Conditions that are part of the Part II Contract for Construction. The Owner agrees to acquire all permits applicable to this project development. PRICE/TERMS The Contractor shall construct six (6) HydroOrid tennis courts as specified herein for the sum as shown on the Part II Contract for Construction. The Part II Contract follows the September 19, 2001 Part I Agreemem between the City of Aspen and Welch Tennis Courts Inc. The Owner agrees to the following payment terms: 1. 20% down payment due with signed contract to hard schedule court construction 2, 20% payment is due upon completion &base 3. 20% payment is due upon completion of HydroOrid Irrigation System 4. 30% payment is due upon completion of courts 5. Final progress payment.and reminage payment will be made per Sections ]4.8 and 14,9 of the General Conditions that are part of the Part II Contract for Construction. SITE PREPA1LATION The Owner will be responsible for all grading and sub-grade preparation prior to the commencement of this work scope, The Owner will ensure grade tolerances meet the criteria of +t, one inch (1") of the final sub-grade elevation, which shall be no lower than six inches (6") above the adjacent grade level A compaction rate of 95% standard proctor will be achieved at the completion of the site earthwork prior to the commencement of this work scope. MAINTENANCE EQUIPMENT The Contractor shall provide (for no additional charge) three (3) seven foot drag brooms, three (3) rotary line sweepers, and three (3) thirty inch lutes. The Contractor shall also provide one (1) Brutus roller (AR-l) to the Owner for $3,600.00 following its uae during the construction period, 84/17/2882 89:52 8136417795 WELCH TENNIS PAGE 87 COURT CONSTRUCTION The Contractor shall be responsible for the construction of six (6) HydroGrid tennis courts, each cou~ measuring 60 feet x 120 ~eet. The configuration specified is shown in the Construction Drawings, dated February 28, 2002. The Contractor shall provide and install: 1. Two layers of&mil construction plastic shall be installed over existing sub-~ade. 2. The base course shall consist of slx inches (6") of porous base material. The surface of the base course shall be within one-quarter inch (I/z~") of the established grade. 3. The sttrfaee course shall consist of 1 ¼" compacted to l" of green, fast drying surface material and this material shall be placed with laser-guided grading equipment to provide a smooth and even surface. 4. 5. Approximately 1,800 lineal feet of 2 ¼" perforated Pip6 ~ith a nyl6n needle'punched sock surrounding the pipe and six control canisters shall be installed on each court. 6. Proline Herringbone synthetic line tapes, 2" wide, band nailed with 3" aluminum nails, net posts, nets (WTC 3.5 DuraNet or equivalent), synthetic center straps and anchors shall be installed. GUARANTEE The Contractor' agrees to gu~'antee the completed courts against faulty workmanship and/or materials as out!in ed in Section 13.1 of the Ge ne raj Conditions that are part of the Par~ II Contract for Construction. FENCiNG I. All gates will be seven feet'S7~) in height With transoms, gate frames, hinges and latches and will be fuse bonded black. The stadium court will be 60 feet x 120 feet with fence on both ends of the stadium 9ourt. One (l) maintenance gate (doUble-drive gate, eight feet (g') wide) per court battery shall be provided and installed for access of maintenance equipment. 2. All fencing will be l0 feet (10') in height. 3. Posts, rails, finish and anchors will be dimensioned and detailed by the Contractor in shop drawings. Fence fabric will be vinyl clad black 1 ~A mesh with a steel core diameter of 11 ga and a developed $ ga finish. LIGHTING The Owner has determined that the installation of conduit for future lighting is not necessary and will not be included in this work scope. CUSTOM WINDSCREEN The Contractor shell provide in conj-nction with construction, open mesh polyester windscreen cumins that are fit to the full height of the custom fence, (DuraScreen er TennAir) for the cost of $ '7,'P~er lineal foot. Installation of the windscreen will be completed by Ow, nee work crews. BUILDING REQUIREMENTS The Owner agrees to provide access to the Truscott Tennis site for Tractor-trailers ~d other vehicles with a weight in excess of twenty tons. The Owner further agrees to provide surveyed points/court corners for tennis court layout. Site utilities including water and electricity will be available to the tennis court construction area at the commencement of this work scope. WATER The Owner agrees to provide a potable water supply to the constrnetion ~rea prior to the immediate commencement of this work scope_ The water supply will have a minimum running pressure of 40 psi and the potential to provide 25 gpm at each court terminus. EROSION PREVENTION Following completion of this work scope, the Owner wi[[ complete lendscape work that will include tree, shrt~b, seeding and sodding. Sod will laid to the concrete curb edges that contain the clay tennis courts COLORS Color selection for chain link fencing shall be black vinyl-clad, Color selection for the custom windscreen shall also be black, THE CITY OF ASPEN SPECIAL CONDITIONS - PART TWO Truscotf Tennis Facility Construction Project No, 2002-011 (r~is~d 4-12-02) 1.0 GENERAL: L01 Clarification of Terms: The Special Conditions arc intended to specify and provide additional description, clarification, or conditions that are applicable to this Contract. These Special Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Docmnents as indicated below. All provisions which are not so amended or supplemented remain in full force and affect. 2.0 CONTRACT TIME 2.01 The City will send three (3) sets of the blank Conlract Documents to the Con~ractor for execution of all necessary pages of the contracts and their required documents and submittals. The th_roe (3) sets of executed contract documents must be returned to the City prior to April 19, 2002 for Aspen City Council approval. A Notice to Proceed will be issued following the Contract approval by the City Council_ 2.02 Following the Notice to Proceed, the Conlractor shall execute the Work with due · diligence and shall fully complete in every detail of the Work to be done under this Contract. The Conlract Time is from the time identified in the Notice to Proceed, plus any extensions to the Contract Time if authorized by the City of Aspen Project Manager. 2.03 All Work shall be one hUndred percent (100%) complete for this project on or before July 16, 2002. The Contractor shall be responsible for implementing ail improvements by this date. The completion date is contingent upon a reasonable time available to for the Contractor to complete the work. The City is responsible for pre-requisite site work prior to the commencement of this work scope. 3.0 EXPLORATION REPORTS & MATERIALS TESTING: Exploration reports and tests of subaru'face conditions at the site, are not available from the City of Aspen Parks Planner. The Contractor shaI1 perform such subsurface soils investigations when deemed necessary through a certified materials Lab. The cost of testing shall be paid by the Contractor. 4.0 PROJECT M_4~AGER AND THE CITY'S REPRESENTATIVE: All references in the General Conditions of the Contract DocumenTs to "The Project Engineer" and "City's Representative" shall refer tO Owner's Representative. The Owner's Representative for this project wil! be the City of Aspen Parks Planner. The Owner's Representative; unless provided in writing by the City of Aspen Parks and Recreation Manager, is 04/17/2002 09:55 8136417795 WELCH TENNIS PAGE 02 the only individual having the authority to render any binding decisions, and/or judgments to the Contractor pertaining to any work which may change the Contract price or time of completion, or change the quality of Work, or change the manner in which the Work is being performed. The City of Aspen Parks Planner shall serve solely as a means of communication between the City and the Contractor and shall monitor the Work for the City. 5.0 MANDATORY PRE-CONSTRUCTION CONFERENCE & WEEKLY PROGRESS MEETINGS: A pre-construction conference will be held following City Council approval of the Part II Contract ;anount on the date determined by the Owner's Representative, The purpose of the meeting shall be to explain and coordinate the requirements of the COntract Documents, the procedures to be used in The ack~inistration of thc Con~'act, and to discuss any item of co~'lcern to the Work, The Contractor and Owner's Representative shall be required to a~tend the pre- construction conference as a condition of the Contract. The time and day for Mandatory ~Veekl¥ Profress Meetinfs shall be scheduled at the pre-construction conference. 6.0 PROGRESS SCI-IEDULE AND SEQUENCE OF OPERATIONS: 6.01 Within seven (7) days of the date of contract approval by the City Council, and to the pre-construction conference, the Contractor shall submit for review by the Owner~s Representative, a critiCal-path Chart showing the estimated progress for the divisions of Work and a balanced time breakdown, showing the estimated progress schedule for the entire Project. The actual rate of progress considered for payment applicatinns shall only include Work completed and shall not include stored materials. 6.02 In the event that the rate of actual progress of the Work falls behind the estimated progress indicated on the approved critical-path chart and in the absence of time extensions if any granted by the Owner's Representative, the Contractor shall accelerate the Work l~y placing additional forces and equipment on the Project so that the Project will be completed w/thin the Contract Time. The Contractor shall be capable and make available more than one Work crew to pdrform the work on time. 6.03 The Contractor shall provide a list of emergency (24 hour) contact name(s), addresses and phone numbers to the Owner's Representative 24 hours prior to the pre-construction coherence. Emergency phone calls must be responded to in 15 minutes or less and action must be taken on the emergency condition immediately. Such emergency calls shall be project related corrective and restorative work and shalI be considered subsidiary to the construct/on bid items and at the Contractor's cost. The Owner may initiate such corrective work at Cor~tractofs cost if the COntractor fails to perform the required task within one hour of an emergency call. 6.04 The Contractor shall be responsible for maintaining traffic and pedestrian flows on the adjacent trail during and a/~er daily work activities. In addition, intermittent interruptions to pedes~an and traffic flow must be kept to a minimum. 0~/17/~002 09~55 ~1~177~ ~LC~ TENNIS PAGE 7,0 PROTECTION OF PUBLIC FACILITIES, UTILITIES AND OTHER ADJOINLNG PROPERTY: The ConWactor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent dmnage~ injury, or loss to other property at the site or adjacent thereto, and he shall be liable for any and all claims for such dan~age on account of his failure to fully provide such protection. The Contractor shall notify all public mility companies at least forty- eight (48) hours prior to commencement of any Work in the vicinity of the utilities. No Work shall commence until the utilities have been located and marked by the utility company. If utility service must bc interrupted, the Contractor shall coordinate with the respective utility provider at least forty-eight (4.8) hours prior to inten'aption. Notice shall consist 0f publication in a local newspaper and/or announcement on local radio stations as determined by the Owner's Representative. 8.0 DAMAGE TO CONSTRUCTION: The Contractor shall safeguard, until all Work embraced by the Contract is formally accepted, ail constmction~ both complete and incomplete, against damage and destruction, and should damage result, he will be required to reconstruct at his expense in a manner confonning to the Plans and Specificatim~, reconstruction shall be in a manner suitable to the City. No repair or mitigating option for damaged Work will be accepted by the City. 9.0 JOB SITE RESTRICTIONS: All materials to be removed from the project site or demolished on site, shall be disposed of by the Contractor off the project site unless requested otherwise by the Owner's Representative. The City's property is not ava[lable for Contractor ~taging or storage area, unless if permitted by the Owner's Representative. The City's property is not otherwise available for a Contractor's disposal 10.0 WORKING HOURS: Work will normally be permitted between 7:00 a.m. and 7:00 p.m.; other work hours must be approved by the City in writing. Work will be permitted on Saturday and Sunday, except that 48 hours prior written notice to the City shall be required to allow notification of the public. 11.0 DISPOSAL OF HAZARDOUS MATERIALS: The disposal of any'hazardous materials shall b~ the soie responsibility O[the ~0ntractor.' 12.0 SALVAGE: Stone masonry, concrete, timber and other items removed from the site shall become the property of(he Contractor, unless otherwise noted in the project documents, and disposed of off-site. 13.0 MATERIAL TESTS AND CERTIFICATES: '13.01 All materials to be incorporated into the WOrk may be subject to sampling, testing by the Contractor per Section 3,0 of these Special Conditions~ and approval and samples furnished shall be representative of the material to be used. Ill 13.02 Tests required to guard against unsuitable materials or defective workmanship and to demonstrate that materials comply with the provisions of the Conlract Docmnents shall be paid for by the Con~ractor, 14.0 MOBILIZATION/DEMOBILIZATION; Will be measured and paid on a pro-rata basis as explained in the General Conditions of this Contract. 15.0 SUB-EXCAVATION, BACKFILLING & COMPACTION: The City will be responsible for ail grading and sub-grade excavation preparation prior to thc commencement of this work scope, The Ow~aer will ensure grade tolerances me, ct the criteria of+/- one inch (1") of the final sub-grade clevafion~ which slmll be no lower than six inches (6") above the adjacent grade level. Backfill material shall be placed in lif~s of 12" or less and compacted to a minimum of 95% densi'ty of the modified proctor test method. 16.0 SUBCONTRACTORS AND SUPPLIERS: Contractor shall identify the name and address all Subcontractors, SupPliers, and other persons or organizatiqn$ that will furnish the principal items of materials, equipment or labor for this project. 17.0 WAIVER: It is expressly understood and agreed that any Waiver granted by the Owner's Representative of any term, provision or covenant of this Contract shall not constitute a precedent nor breach of same or any other terms, provisions or covenants of this Contract. Neither the acceptance of the Work by the Owner nor the payment of all or part of the sum due the Contractor hereunder, shall constitute a wa/vet by the Owner of any clakn which the Owner may have against the Contractor or otherwise. 18.0 PRECEDENCE OF TI-IE CONTRACT DOCUMENTS: The order of precedence of Contract Documents shalI be as follows: 1. Addenda, if any 2. Drawings, if any a~ Detailed Drawings b. Standard Drawings 3. Special Conditions z[. Scope of Work 5. Contract for Construction 6. Standard General Conditions 19.0 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS: The Contractor shall furnish a Maintenance Bond, in an amount equal to one hundred percent (100%) of the total Contract price as security for the faithful maintenance obligations of ali Contractor's Work under the Contract Documents. Reference is made to the General Conditions for further requirements Maintenance Bonds. The requirements for Performance and Payment bonds as outlined in the General Conditions have been waived for this work scope. In lieu of a Payment Bond, the City ,,viii require the Contractor to provide claim releases from all subcontractors and 04/17/2002 09:55 8136417795 NELCH TENNIS PAGE 05 suppliers used for this work scope. 20.0 INSURANCE DOCUMENTATION: Certificates of Insurance, as referenced in the Oeneral Conditions, may be supplied from the Contractor's Insurance Agent to the City of Aspen. 21.0 PROFESSIONAL LIABILITY INSURANCE: The Contractor will not be required to carry professional liability insurance for the scope of work applicable to this Contract, as outlined in Section 5.2.2,4 of the General Conditions. The Contractor will not be performing any work under this contract that would require the protection of professional liability insurance. 22,0 CONTRACT CLOSE-OUT: Upon completion of all punch list item(s) from the final inspection by the Owner's Representative and submittal of a fully executed Claim Release Form by the Contractor, the City will advertise twice in the newspaper, and following a Thirty' (30) Consecutive Calendar Day Waiting per/od, and with no verified claim against the Contractor by the City up until the end of this waking period, the City will declare the project closed and will release the retainage :o the Contractor. The Project Close-Out finai inspection must be recorded on a final Daily Construction log, signed by the Owner's Representative and the Contractor and prior ~o the advertisement for closure. No liquidated damages will be imposed past the date of.substantial completion~ 23.0 WARRA.NTY INSPECTION: At the City's discretion, a warranty inspection will be held during sixty (60) calenda/- days prior to the expiration of the warranty p~iod under the Maintenance Bond. The Contractor shall provide an authorized representative ar such inspection to reproach: the Contractor's interests. Ali defects identified during inspection shall be corrected at Contractor's expense at the direction of the City immediately. Cmzecfive Work shall be commenced within five (5) conseculivecaiendar days after written notice to Contractor.