HomeMy WebLinkAboutresolution.council.060-02 RESOLUTION NO. _~]~
(Series of 20027[
A RESOLUTION GRANTING THE CONSTRUCTION CONTACT TO EARTH-WORKS
CONSTRUCTION COMPANY, INC., FOR THE CITY'S YEAR 20.02 PEDESTP&424 sXFETy
IMPROVEMENTS AND UTILITY c~NSTRU~TiON ~6~E~, X~ X~HORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a contract between the City of
Aspen, Colorado and Earth-Works Construction Company, Inc., a copy of which contract is
annexed hereto and made a part thereof.
NOW, WHEREFORE, 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 the contract between the City of
Aspen, Colorado, and Earth-Works Construction Company, Inc., regarding the Year 2002
Pedestrian Safety Improvements and Utility Construction Project, 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:(~..~ c>~ ~ ,2002.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and
accurate copy of that reSolution adopted by the City Council of the City of Aspen, Colorado, at a
meeting held(~_f__~.~ ,~v ,2002.
Kathryn S. Ko¢~,'City Clerk
RES-2002-015
CITY OF ASPEN
130 South Galena Street
Aspen Colorado 81611
(970) 920-5080
Project Title: YEAR 2002 PEDESTRIAN SAFETY IMPROVEMENTS & UTILITY
CONSTRUCTION PROJECT - (Project Number 2002-015}
BID PACKAGE
(Contract Documents)
TABLE OF CONTENTS
Pa,qes
Invitation to Bid ........
Instruction to Bidders ISl-
General Conditions GCl-
Special Conditions SC1-
Qualification Statement QSI'-
Bid Proposal BP1 *-
Bid Bond BB1
Affidavit of Compliance ACl*-
Liquidated Damages Form LDI*o
Notice of Award NA1
Contract for Construction CC1
Certificate of Incorporation COI1
Performance Bond PBI**-
F~ayment Bond YB 1
Maintenance Bond MBI**-
Contractor's Business License LCl**-
Notice to Proceed NP1-
Daily Construction Log DCL1-
Progress Pay Estimate Form (Example Enclosed) PE1-
Change Order Form COl-
Claim Release Form - Sub-Contractor CRI**%
Claim Release Form - Contractor
Project Closure Form PC1~
Appendices AP
Appendix One, Traffic Management Policy ...................................... AP.I
Note: Page Markings;
*Pages to be executed prior to submitting sealed bids.
**Pages to be executed upon notice of award and prior to pre-construction conference.
***Pages to be executed during final stages or completion of work and prior to release of retainage.
TC t-971.doc TC1
CITY OF ASPEN
PITKIN COUNTY, COLORADO
ADDENDUM NUMBER ONE
TO PROJECT/BID NO. 2002-15
YEAR 2002 PEDESTRIAN SAFTY IMPROVEMENTS
JUNE 26, 2002
The above contract documents have been amended to include the following (4)
revisions:
1) The following date have been changed from the ong~nal bid documents
· The written Notice of Award will be issued by the City on 07/02/02
· The Pre Construction Conference will be hetd on 07/09/02 at 10.30 in the
council chambers
2) Item 1.2203: The allowable time for completion of the contract has increased to 45
consecutive calendar.
3) Item 1.0203: Addition: The construction sequence priority is the deepest utilities first.
hence the order will be
· The Sanitary Sewer
· The Storm Sewer
· 8th and Hallam improvements
· 7m and Main improvements
· All remaining
4) Four Peaks LLC is to inform the City's retained contractor of the presence of 'hot
soils' in the area of the proposed storm sewer running through the Lot 5(TOD of Mill)
property if awarded Four Peaks shall compensate the contractor for additional costs
associated with the handling aha disposing of contaminated material at their site..
~.E. City Engineer
INVITATION TO BID
Sealed bids will be received by the City of Aspen, Colorado, at the office of the City Clerk. 130 South
Galena Street, Aspen, Colorado, until, I:00 P.M., Monday, July 1, 2002, at which time the bids will be
publicly opened and read aloud, for the following City of Aspen project:
YEAR 2002 PEDESTRIAN SAFETY IMPROVEMENTS AND UTILITY CONSTRUCTION PROJECTS
Complete Bid Packages are available on or after l:00 P.M.. June 17, 2002, from the City of Aspen,
Colorado, for $40.00 per set in terms of company check, certified check, or cashier's check only (non-
refundable) at the Engineering Department. 130 South Galena Street, Aspen, Colorado.
Each bid must be accompanied by Bid Security to include a bid bond or certified check made payable to
the City of Aspen in the amoum of one percent (1%) of the Bid. The Bid Security accompanying the three
lowest responsive and responsible bids may be held until the Contract is awarded. The Bid Security
accompanying the other proposals shall be returned promptly after the bid prices have been compared and
evaluated.
A pre-bid conference will be held at Aspen City Hall, Sister Cities Meeting Room, at 2:00 P.M., June
25. 2002. Attendance ar the pre-bid conference is mandatory and is intended to convey the bidder's
questions regarding the plans and specifications to the Engineering Department.
The City reserves the right to reject any or all Bids or accept what is, in its judgment, the Bid
which is in the City's best interest. The City further reserves the right, in the best interests of the City, to
waive any technical defects or irregularities in any and all Bids submitted.
The Bid and Bid Security must be placed in one envelope securely sealed therein and labeled:
"City Project Number: 2002-015, for "Year 2002 pedestrian safety improvements and utility
construction projects", and addressed to:
City of Aspen
Office of the City Clerk
130 South Galena Street
Aspen. Colorado 81611
In addition to price, the criteria set forth in the Instruction to Bidders and any specific criteria listed
in the bid documents may be considered in judging which Bid is in the best interests of the City. No bid
may be withdrawn within a period of sixty (60) calendar days after the date fixed for opening bids.
No bids will be considered which are received after the time mentioned, and any bids so received after the
scheduled closing time will be returned to the bidder unopened.
By: Kathryn Koch
INSTRUCTIONS TO BIDDERS
FOR CONSTRUCTION PROJECTS
1. The City of Aspen has advertised m invite Bidders to submit sealed Bids for a construction
project which is fully described in the Contract Documents accompany'rog these
instructions. The following instructions have been prepared to assist Bidders in the
preparation of their Bids.
2. The Contract Documents for this project shall consist of the following documents:
A. Invitation to Bid (Public Notice).
B. Instructions to Bidders.
C. Bid Proposals
D. Addenda, if any.
f,"x F. Special Conditions.
E. General Conditions.
G. Bid Bond.
H. Notice of Award. :
I. Contract for Construction.
J. Payment Bond.
K. Performance Bond.
L. Maintenance Bond.
M. Drawings, identified in General Conditions.
N. Specifications identified in General Conditions.
O. Affidavit of Compliance form.
P. Liquidated damages form.
Q. Contractor's License form.
R. Daily Construction Log form.
S. Progress Pay Estimate form.
T. Change Order Form
U. Claim Release form.
V. Insurance Certificates.
3. Information contained in the Contract Documents, as completed during the bidding and
contract award process, shall be the basis for the bids, and nothing shall be deemed m
~ change or supplement th/s basis except for written revisions to the above documents issued
~ by the City of Aspen.
F'~'~ 4. The City of Aspen reserves the right to reject any or ail bids or accept what is, in its
judgment, the best bid. The City further reserves the right, in the best interests of the City,
ro waive any technical defects or irregularities in any and all bids submitted, and to
negotiate conucact terrns with the Successful Bidder, and the right to disregard all non~
conforming, non-responsive or conditional Bids. Discrepancies between words and figures
will be resolved in favor of words. Discrepancies between the indicated sum of any column
of figures and the correct sum thereof will be resolved in favor of the correct sum.
5. The cost of bid preparation shall be borne solely by the persons or entities submitting bids.
6. The following procedures or steps shall be followed after the issuance or publication of
Invitation for Bids:
A. Reference is made to the Invitation for Bids to determine if a pre-bid
conference will be scheduled, and if so, where and when. If a pre-bid
conference is scheduled, attendance at the pre-bid conference is mandatory
unless prior authorization is given by the Bid Coordinator. The costs of
attendance at a pre-bid conference shall be borne entirely by the Bidder.
B. Reference is made to the Invitation for Bids to determine how complete Bid
Packages may be obtained.
C. Before submitting a Bid, each Bidder must (a) examine the Contract
Documents thoroughly, (bl visit the site, if any, to familiarize himself with
local conditions that may in any manner affect co~t, progress or performance
of the Work, (c) familiarize himself with federal, state and local laws,
ordinances, mles and regulations that may in any manner affect costs,
progress or performance of the Work; (d) familiarize himself with the
mfique weather conditions of the City of Aspen and surrounding area that
may affect costs, progress or performance of Work; and (e) study and
carefully correlate Bidder's observations with the Contract Documents.
D. Reference ~s made to the Special Conditions and the Invitation for Bid for
the identification of those specific requirements of the pro. iect or otherwise
affecting cost, progress or performance of the Work which have been relied
upon by the City of Aspen or a consultant in preparing any Drawings or
Specifications. These special provisions supersede the General Conditions in
the Contract Documents. Before submitting the Bid, each Bidder will, at
his/her own expense, make such additional investigations and tests as the
Bidder may deem necessary m determine his Bid for performance of the
Work in accordance with the time, price and other temps and conditions of
the Contract Documents.
E. Reference is made to the Invitation for Bids to determine the place, date, and
/'~ time for delivering sealed Bid proposal for this project.
F. Bids shall be subm/tted at the time and place indicated in the Invitation for
Bids and shall be included m an opaque sealed envelope, marked with the
Project title, Bid Number, and name and address of the Bidder and
accompanied by the Bid Security referenced below and other required
documents. If the Bid is sent through the mall or otl/er del/very system the
sealed envelope shall be enclosed in a separate envelope with the notation
"BID ENCLOSED" on the face thereo£ Bids submitted by facsimile
machine (FAX) shall not be accepted or considered.
G. Each Bid must be accompanied by Bid Security made payable to the City of
Aspen, in an amount of five percent (5%) of the maximum Bid price or as
set in the Invitation for Bids and inthe form ora certified or bank check or a
Bid Bond (on form attached).
The Bid Security of the Successful Bidder will be retained until such Bidder
has executed the Contract for Construction and furnished the required
Payment, Performance, and Maintenance Bonds, or other Bonds if any are
required by the Special Conditions, wl/ereupon it w/l/ be returned; if the
Successful Bidder fails m execute and deliver the Contract for Construction
and furnish the required bonds and insurance certificates, within seven (7)
days of the hand delivery or fax transmittal of the Notice of Award, the City
of Aspen may annul the Notice of Award and the Bid Secur/ty of that Bidder
shall be forfeited. The Bid Security of any Bidder whom the City of Aspen
believes to have a chance of receiving the award may be retained by the City
of Aspen until the day after the "effective date of the Contract for
Construction" (wkich term is defined in the General Conditions) or the sixty
first (61) day after the Bid opening, whichever is later in time. Bid Security
of other Bidders will be returned within ten (10) days of the Bid award by
the City Council.
H. Reference is made to the Contract Documents for any Bid Forms that may
be required to be completed as pan of the Bid. Bid Proposal Forms, as
required, must be completed in ink or by a printer/typewriter. The Bid price
must be stated in words and numerals; in case of a.confiict, words will take
precedence. Bids by corporations must be executed in the corporate name by
the president or a 'ace-president (or other corporate officer accompanied by
evidence of authority to sign) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address and
state of incorporation shall be shown below the signature. Bids by
partnerships must be executed in the partnership named and signed by a
panner, whose title must appear under the signature and the official address
of the partnership must be shown below the signature.
Bids may be modified or withdrawn by an appropriate document duly
executed (in the manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids. No Bid may be withdrawn for a period of sixty (60) days after the
date fixed for op~ng of bids.
J. At the place, date and time fixed for opeumg bids, all bids received prior to
that t'nme shall be publicly opened and read aloud. All bids shall remain open
for a period of thirty (60) days, bm the City may, ~n its sole discretion,
release any Bid and return the Bid Security prior m that date.
K. The City shall then evaluate each bid in the besl interests of the City of
Aspen. The bids shall be evaluated to determine wh/ch are the lowesl
responsive and responsible bids. In making that evaluation, total price, the
evaluation cr/teria set forth in the Invitation for Bids, and the following
specific criteria shall be considered:
1. The ability, capacity and skill of the bidder to perform the contract or
provide the Service or Construction required;
2. Whether the bidder can perform the contract or provide the
f~' Construction promptly, or within the t/me specified, without delay or
interference;
3. The character, integrity, reputation, judgment, experience and
efficiency of the bidder;
4. The quality of performance of previous contracts or Construction;
5. The previous and existing comphance by the bidder with laws and
ordinances relating to the contract or Construction;
6. The sufficiency of the financial resources and ability of the bidder to
perform the contract or provide the Construction;
7. The affirmative action goal preferences set forth at Chapter 4.04 of
the Aspen Municipal Code.
8. Any other criteria for evaluating Bids set forth in the Invitation for
Bids.
L. Prior to accepting a bid, the City may decide to interview one or more
~--,, bidders to negotiate final contract terms for inclusion in the Agreement.
M. To demonstrate qualifications to perform the Work, each Bidder must be
prepared to submit within five (5) days of a request written evidence of
additional information, such as financial data. previous experience or
evidence of authority to conduct business in the state of Colorado.
N. Upon determining the successful bidder, the City of Aspen shall send to the
successful bidder a Notice of Award notifying the recipient of the City's
acceptance of the bidders proposal, subject to City Council or City Manager
approval of the Contract Documems. The Notice of Award shall also
forward to the presumptive successful bidder three (3) unexecuted copies of
the Agreement with instructions to execute and return the same to the City
within seven (7) consecutive calendar days or risk having their bid declared
abandoned. If the City Council approval is required pursuant to Section 3-
11 of the Aspen Municipal Code, then the City Council at its next regularly
scheduled meeting following receipt by the City of the duly executed cop~es
of the Contract for Construction shall be asked to consider approval of the
Agreement and authorize the Mayor of the City of Aspen to execute the
same. If City Council approval is not required, then the Contract for
Construction shall be executed by the City Manager.
O. Upon receipt of Performance, Payment, and Maintenance Bonds, or other
bonds when requked by the Special Conditions, the City shall send to the
Successful Bidder a Notice to Proceed duly executed by the City Eng/neer
of the City of Aspen, and hold a mandato .ry Pre-cunstmction conference.
7. All purchases of construction or building materials shall not include Federal Excise Taxes
or Colorado State or local sales or use taxes. The City of Aspen's State of Colorado tax
identification number is 98-04557. The City of Aspen's Federal Tax Identification Number
is 84-6000563.
8. Reference is made to the Special Conditions for the nature and amount of any required
Maintenance, Payment or Performance Bonds.
9. There are specific indemnity and insurance requirements which the Successful Bidder must
comply with prior to the start of Work for tl~s project. These requirements are set forth in
detail in the General Conditions.
10. The submission of a Bid will constitute an incontrovertible representation by the Bidder that
he/she has complied with every requirement of these instructions and that the Contract
Documents are sufficient in scope and detail to indicate and convey understanding of all
terms and conditions for performance of the Work.
1 I. Reference is made to the Invitation for Bids for the identity of the City of Aspen's Bidding
Coordinator who will coordinate all aspects of the bidding and awards process. All
questions about the meaning or intent of the Contract Documents shall be submitted to the
Coordinator in writing. Replies will be issued by Addenda mailed, faxed, or delivered to alt
parties recorded by the Bidding Coordinator as having received a Bid Package. Questions
received less than seven (7) days pr/or to the date of Bid openings may nor be answered.
Only questions answered by formal written Addenda will be bindkng. Oral and other
interpretations or clarifications will be without legal effect.
12. All City proeuremems, source selection, contract formation, legal and contractual remedies,
and standards of conduct relating ro procurements with the City of Aspen are subject to the
City's Procurement Code, Chapter 43 of the Mm~icipal Code.
City of Aspen - General Conditions for Construction Contracts
CITY OF AS.PEN
General Conditions
for
Construction Contracts
(Version GC1-971)'
GC1-971.doc Psge I I
Cit~ of Aseen - General Contritions for Construction Conlracts
CITY OF ASPEN, COLORADO
GENERAL CONDITIONS
FOR
CONSTRUCTION CONTRACTS
tVersion GC-97-2~
TABLE OF CONWENTS
Ar~ele 1 -Abbreviations, Definitions, and Provisions of General ApplicabiliB'.
I.I. Abbreviations .................................................................................................................................................................................................
t.2. Definition~ ....................................................................................................................................................................................................... 5
Article 2 - Preliminary Matters.
2.I, DeliveD, of Bonds ............................................................................................................................................................................................
2.3. Commencemem of Conmact Time, Nofi¢¢'m Proceed ..................................................................................................................................
2.5 Before Staffing the Proje¢I ............................................................................................................................................................................. 9
2.6 pre-¢onstmctmn Conference ........................................................................................................................................................................ 9
2.8 Project Progress Meedng~ ............................................................................................................................................................................... 9
Article 3 - Contract Documents, Intent, Amending, Ownership, Escrow ]Bid Documen~
3.1,' Intent ............................................................................................................................................................................................................... 10
3.4. Amending and Supplamcndng Contract DocumentS .................................................................................................................................... I0
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Cit) of Aspen - GeneraJ Conditions for Construction Contracts ]
6,4.-6.7 Reserved ....................................................................................................................................................................... 18
6.9 Sub-eo~tmcfing .............................................................................................................................................................. 20
6.11 P¢iB ........................................................................................................................................................................ 20
6.12 ~ws and R~guladons ....................................................................................................................................................... 20
5.13 Taxes ............................................................................................................................................................................
6.I4 Us~ of ~misez .............................................................................................................................................................. 21
6.I6 Safe~ and ~IecBor ....................................................................................................................................................... 2I
6,17 E~rgeneies ................................................................................................................................................................. 22
6,t8 Shod ~Mn~ ~d Samples .............................................................................................................................................. 22
6.20 Continuing the Work ........................................................................................................................................................ 24
7.2. C~rdination ................................................................................................................................................................................................. 24
8.0 ....................................................................................................................................................... 25
9.2. Visi~ ~ Site .................................................................................................................................................................................................. 25
9.6. Rejecting of ~fecfv~ Work ........................................................................................................................................................................ 26
9.7 Shop Dm~n~, Change ~der~ andPa~*n~ .............................................................................................................................................. 26
9.8 ~cislons m Di~mes ....................................................................................................................................................... 26
9.I0 Limitatlms on ~c En~ne~'~ ~sibilific* ......................................................................................................................... 27
10.2. Work Di~cfive Change ...................................................................................................................................................................................... 27
[0.3. ~ange O~er .................................................................................................................................... : .................................................................. 28
t0.6. Sub~l Reqmrc~n~ md Waiv~ of Oaims ................................................................................................................................................ 29
ILl Con.ct Price Adjus~ ................................................................................................................................................................................. 29
11.3. F~e Account W~k ............................................................................................................................................................................................ 30
I 1.6. V~ation in Quanfi~ of Unit ~ccd tt~ ........................................................................................................................................................ 32
I3.4. Uncovering Work ................................................................................................................................................................................................. 35
13.5. Ci~MayStog t~e Work ...................................................................................................................................................................................... 35
13.6. Co~ecfion or R~oval of ~fc~ve Wo~ ......................................................................................................................................................... 35
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Cit) of As~en - Genera[ Conditions for Construction ~.ontract~ ]
13.7. Correction Period ................................................................................................................................................................................................. 35 ·
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City of Aspen - General Conditions for Construction Contracts ,.j
INTRODUCTION
The Contract Documents are complementary, and what is required by any one shall be as bhidkng as if required by al/,
unless cerram services or eqmpmem are specifically excluded. These General Conditions have been prepared to be
incorporated by reference into the Contract entered into between the City and the Contractor. In the eveut of conflict or
inconsistency among the ConUact Documents, the order of precedence set forth in the Contract for Construction shall
govern the interpretation of the Contract between the City of Aspen and the Contractor. Words and abbreviations which
have welI&nown technical or trade meanings are used in the Contract Documents in accordance w/th their recognized
meanings, provided however that those terms required to be defined/n the Proposal by the Contractor shall have the
mean/rig given to them in the Proposal to the extent that they are not in conflict with any other parr or term of the
Contract Documents.
ARTICLE 1 - DEFINITIONS
I. 1. Whenever the words, forms, or phrases defined harem, or pronouns used in the/r place occur in the Contract
Documents, the intent and meaning st~all be interpreted as follows:
ASCE American Society of Civil Engineers
NACE National Society.for Corrosion Engineers
SSPC Special Society for Paint Cour.cil
AASHTO American Association of State Highway and Tratrsportation Officials
AD% American Insurance Association
SICS American Institute of Steel Cofistmctiou
AISI American Iron and SteeI Institute
ANSI American National Standards Institute
(formerly ASA and USASI)
ASME American Society of Macrun/cai Engineers
ASTM American Society for Testing and Materials
AWG American Wire Gauge
AWS American Welding Society
BAFO Best and Final Offer
CDOT Deparm~ent of Transportation, State of Colorado
O&M Operations and Maintenance
DHA Detailed Hazards Analysis
BBD Escrow Bid Documents
ELk Electronic Industries Association
EPA Un/ted States Env/ronmental Protection Agency
FCC Federal Communications Commission
FHWA Federal Highway Administration
FTA Federal Transit Administration
HVAC Heating, Ventilation, and Air Conditioning
NBS National Bureau of Standards
NEC National ElecU/c Code
NTP Notice to Proceed
NESC National ElecWia Safety Code
NFPA National F/re Protection Association
OSHA Occupational Safety and Health Admirdstration
PHA Prel/minary Hazards Analysis
SAE Society of Automotive Engineers
UL Underwriter's Laboratories, Inc.
UMTA Un/ted States Department of Transportation, Urban Mass Transportation Authority
UD&FCD Urban Drainage and Flood Control District
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City of Aspen - GeneraJ Conditions for ?.onstruct~on Contracts j
MIJTCD Manual on Urdform Traffic Control Devices
1.2. Wherever used in these General Conditions or in the other Contract Documents the following tom~s have the
meanings indieated which are applicable to both the singular and plural thereof:
Addenda - Written or graphic inslraments issued prior to the opening of Bids which clarify, correct or change the
bidding documents, Contract Documents, drawings, details or specifications,
Bid - The offer or proposal of the bidder subm/tted on the prescribed form(s) setting forth the prices for the Work to be
performed.
Bidder - Any qualified responsible and responsive f'mn or corporation submitting a Bid for the Work.
Bid P~/ckage ~ Ail information and standard Cenu'act Documents prepared by the City m assist potential bidders to
prepare their bids.
Bonds - Bid, performance, payment, mahltenance bonds and other acceptable instruments of financial security,
famished by the Contractor and his/her surety in accordance with the Contract Documents.
Change Order - A written order to the Contractor author/zing an addition, deletion or revision in the Work within the
general scope of the Contract Documents, or author/zing an adjustment in the Contract Price or Contract Time, issued
on or after the Effective Date of the Contract for Construction.
City or Owner - Tl~e City of Aspen in Pitkin County, Colorado.
Contract - Ali cenrracr documents attached To the Contract for Construction and made a part thereof as provided
herein.
Contract Documents - The Contract including Invitation to Bi& Instmcfious to Bidders, Bid Proposal, Addenda,
General Conditions, Special Conditions, Contract for Construction, Bid Bond, Notice of Award, Payment,
Peffom~ance, and Maintenance Bonds, Drawings identified in the Contract Documents or attached as pan of the Bid,
and Specifications identified in the invitation to Bid or attached as parr of the B/d, Affidavit af Compliance form,
Liqtodated Damages fon~ Contractor's License form, Daily Construction Log form, Progress Pay Estimate form, and
Insurance Certificates.
Contract for Construction - The written agreement between City and Contractor covering the Work to be performed.
Contraetor - The qualified responsible and responsive fn'm or corporation with whom the City has entered into the
Contract for Construction.
Contract Price - The moneys payable by the City to the Contractor under the Conlract Docun~ents as stated in the
Contract for Construction (subject to the provistous of paragraph 11,4.), except for .the Minor Centract Revisions
/rem(s) wh/ch are subject to the City's wr/tten authorization for expenditure.
Contract Time - The number of the consecutive calendar days or the working days and/or the deadline set in the
Contract-Document~ for the completion of the Worlc
Daily Construction Log ~ The form famished by the City Engineering Department, used by the City Project Inspector
to record the Cenlractor's daily work quantities and project events. Daily cousrmction log is the only verified
justification for payment to the Contractor.
Defective - An adjective which when modifying the word Work refers to Work that i~ unsatisfactory, faulty or
deficient, or does not conform ro the Contract Documents, or does not meet the requ:a:emenr~ of any inspection,
reference standard, rest or approval referred to in the Contract Documents, or has been dmnaged pr/or to the EngSneer's
GC1-97%doc - Page
City of Asoen - Genemt Conditions for Construction Contracts I
recommendation of final payment (un]ess respons~il/ty for the protection thereof has been assumed by the City at
Substantial Completion in accordance with paragraph 14.5 or 14.6).
Drawings: The part of the Cantmct Documents which show the character and scope of the Work to be performed and
which have been prepared or approved by the Engineer.
Effective Date of the Contract for Construction - The date indicated in the Agreement on which it becomes effective.
but ffno such date is indicated it means the date on which the Agreement is signed and delivered by tho last of the two
parties to sign and deliver.
Engineer - The person, firm, corporation or the City Engineer, named as such in the Con~:act Documents.
Field Order - A walden order affecting a change in the Work not involving an adjusm~ant in the Contract T/me, issued
by the Engtheer to the Cuntraetor during construction
I-Iazardous Materials ~ The term "Hazardous Mater/als" shall have the mear~g set fordi at 42 U.S.C. ' 960I(14~ and
regulations promulgated pursuant therere.
Laws and Regulations: Laws or Regulations - Laws, miss regnlauous, ordinanoes, procurement code and/or orders.
Notice of Award - The written notice by the City to the apparent successful bidder stating that opon compliance by the
apparent successful bidder with the conditions precedent enumerated therein, widhn the time specified, the City will
sign and deliver the Contract.
Notice to Proceed ~ A writte~ notice given by the City to the Contractor 5xing the date on which the Contract Time
will commence m run and on which Contractor shall start ~o perform Contractor's obligations under the Contract
Documents
Partial Utilization -Placing a portion of the Work in service for the purpose for which it is intended (or a related
purpose) before reachthg Substantial Completion for all the Work.
:
Procuremant Code ~ Title 4 of the City of Aspen Murdeipal Code.
Progress l~ay. Estimate- The form fun:fished by the City Engineerhig Department, whicli is to be used to record,
approve..and process payment when the Contractor requests progress or £mal payments and which is to include such
supporting documentation as is required by the Contract Documents.
l~roject - The total construction of which the Work tobe provided under the ~antract Documents may be the whole, or
a parr as indicated e}sewhere in the Contract Documeats.
l>roject Inspector - Tl~e author/zed Civil Engineer or Civil Engineering Teclmiciar~ designated by the City l~ngmeer re
observe construction, materials placement and testing and to prepare the Daily Construction Logs and field reports.
Punch List - A form or letter that lists all incomplete er deficient Bid /terns, and is prepared upon substantial
completion o£the Work by the City Project Iz~pecror.
Shop Drawings - All drawings, thagrams, illustrations, brochures, schedules and other data which are specifically
prepared by or for the Contractor and the sub-contractor to illustrate some portion of the Work and ali illustrations,
brochures, standard schedules, performance charts, instmotions, diagrams and other information prepared by a Supplier
and subimtted by the Contractor and the Sub-contractor to illustrate material or equipment for some portion of the
Work.
I GC1-971.doc Page
City of Aspen - Genera Conditions for Construcbon Contracts
Specifications - Those portions of the Contract Documents consisting of whtten technical descriptions of materials,
eqmpment, constmcuon systems, standards and workmansknp as applied to the Work and certain administrative details
applicable thereto.
Subcontractor - A fern or corporation having a direct contract with the Contractor or with any other Sub-contractor for
the performance ora pan of the Work at the site.
Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of
thc Engineer as evidenced by the Engineer's acceptance, is sufficiently complete, in accordance with the Contract
Documents, so that the Work can be utilized for the purposes for which it is intended. The terms "substandally
complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. The term
Substantial Completion shall mcan one hundred percent (100%) completion of the Work.
Special Conditions or Special Provisions - The part of th9 Contract Documents which amends or supplements these
General Conditions.
Supplier - A manufacturer, fabricator, supplier, distributor, mater/a; man or vendor who supplies materials or
equipmem for the Work including that fabricated to a special design but who does not peffom~ labor at the site.
Underground Facilities - AH pipelines, conduits, ducts, cables, wires, manlioles, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such facilities which have been histalied underground to
furnish any of the following services for materials; elecUicity, gases, steam, liquid petroleum products, telephone or
other communications, cable television, water, wastewater and surface ranoffremovak traffic or other control systems.
Unit Price Work - Work to be paid for on thc basis of unit prices.
Work - The entire completed consuuction or thc various separately idcndfiable parts thereof required to be furnished
under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and
mcorporanng materials and equipment into the construction, ail as required by the Contract Documents and those not
specifically mentioned but necessary for successful completion of the Bid items.
Written Notice or Written Notice of Amendment - A wnr~n amendment of the Contract Documents, signed by the
City and the Contractor on or after thc Effective Date of the Contract for Constraction and normally dealing with the
non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents
ARTICLE 2 - PRELINtlNARY MATTERS
2.1 Delivery of :gonds:
When Contractor delivers the executed Contracts to the Engineering Deparm~ent the Contractor shall also deliver such
Bonds as the Contractor is be required to furnish in accordance with paragraph 5.1.
2.2 Copies of Documents:
The City shall furnish to the Contractor up to three copies (unless otherwise specified in the Special Conditions) of the
Contract Documents as are reasonably necessary for the execution of the Work. Additional copies wilt be furnished,
upon request at the cost of reproductinn.
2.3 Commencement of Contract Time, JVotlce to Proceed:
Prior to the City ~ssumg a 'Notice to Proceed, either the City Manager or the Mayor of the City of Aspen shah approve
the Contract Documents and shall execute the san~e. Notwithstanding any representations to the contrary made by'
City's employees, either directly, indirectly, or by implication, no Contract shall be in effect nor shall be binding upon
the City until such time as the Contract is executed by the City pursuant to authority granted in accordance with Section
4-08-040 of the Procurement Code. The City shall issue a Notice to Proceed after either (a) the City Manager has
executed the Cnn~ract, or Co} The City Council has authorized the execution of the Contract, and the Contractor has
GC1-97%doc Page 9 j
C~t~ of Aspen ~ General Conditions for Construction Contracts
executed the Contract and other Contract Docnments, and lias delivered the specified bonds, Cer~cates of Insurance,
as are tequk'ed, and any other documents requked to be delivered by the Special Conditions and Addenda(s) ~f any
issued. The Contract Time will commence to mn on the day indicated in the Notice to Proceed.
2.4 Starting the Project:
The Contractor shall start to perform the Work on the date when the Contract Time commences to mn. but no Work
shall be done at .the site prior to the date on wb/ch the Contract Time commences to mn and prior to a mandatory pre-
construction ponferenco conducted by the Cliy.
2.5 Before Starting the Project:
Before undertaking each part of the Work, the Con~'actor shall carefully study and compare the Contract Documents
and check and veri~'y pertinent figures shown thereon and all applicable field measurements. The Contractor shall
pmmptly report m writing to the Engineer any conflict, eh'or or discrepancy wttich Contractor may discover and shall
obtain a written interpretation or clarification from the Engineer before proceeding with any Work affected thereby.
2.5.I. Within Tl*ree Days after the Effective Date of the Contract lunless otherwise specified in the Special
Cond/fions or GenemI Requirements), the Contractor shall submit to the Engineer for review:
2.5.1, I. An estimated progress schedule-indicating the ~tarting and completion dates nfthe various stages of
the Work;
2.5.1.2. A prerm,Jnary schedule of Shop Drawing submissions; and
2.5.1.3. Quality Control and Quality Assurance (QA/QC) plan and policy to identify the
specific steps the Contractor will take to ensure the highest quality in the
constructed Bid/terns. :
2.5.1.4. A Work Zone Safety Implementation & Enfomement Plan with specific action
process.
2.5.2. Before any Work at the site is st,wted, the Contractor shall deliver to the City and the Engineer, copies of
certificates (and other evidence of insurance requested by the City) which the Contractor is required to purchase and
rnamtain.
2.6 Pre-construction Conference:
Within Seven (7) Consecutive Calendar Days al[er the Effective Date of the Bid Awar& and before the ConWactor
starts the Work at the site, he/she and ali of his/her sub-contractors and suppliers shall attend a mandatory pre-
construction conference, conducted by the Engineer and others as appropriate to discuss coordination of construction
activities, procedures for handling Shop Dravcmgs and other, issues, and to establish a working understanding among
the parties as to the Work
2. 7 Project Progress Meetings
The City and the Contractor shall meet once a week m review the constructiun activities, rare of progress, and other
project related issues to ensure efficient and smooth progress of work
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Cit) of As[~en - Generm Conditions for Construction ContracLs j
ARTICLE 3 - coNTRAcT DOCUMENTS: INTENT, AMENDING, REUSE --
3.1 Intent:
The Contract Documents comprise the entire agreement between the City and the Contractor concerning the Work.
The Contract Documents are complernentary; what is called for by one ts as binding as if called for by all. The
Con:act Documents will be cons:ued in accordance with the law of the State o£Colorado.
3.1.1. It is fl~e intent o£ the Contract Documents to descn'be a functionally complete Project (or part thcreo~) to be
constructed in accordance with the Conlzact Documents. Any Work, materials or equipment that may reasonably be
in~er~ed from thc Contract Documents as being required to produce the intended result will be supplied whether or not
specifically called for. When words which have a well-known tecImical or :adc meaning are used to describe Wo~-k,
materials or equipment such words shall be interpreted in accordance with that meaning. Reference m standard
specifications, manuals or codes of any techrdcal society, organization or associatior., or to the'Laws or Regulations of
any governmental authohty, whether such reference be specific or by h-npllcation, shall mean the latest standard
specification, manual, code or Laws or Regulations hn effect at the time' of open~g of Bids (or, on the Effective Date o£
the Contract if there were no Bids) except as may be otherwise specifically stated. However, no provision of any
referenced standard specification, manual or code ~whether or not specifically incorporated by reference in the Con:act
Documents) shall be effective to change the duties and respons~ilities of the City, the Contractor or the Engineer. or
any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to
assign to the Engineer, or any of the Engineer's consultants, aganm or employees, any duty or authority to supervise or
direct the furnishing or perfom~ance o£ the Work, or any duty or authority to undertake responsibility contrary to the
provimons of Article 9. Clarifications and ~tarpretations of the Contract Documehts shall be issued by the Engineer as
provided in section 9.4.
3.1.2. If, during the performance of the Work, Contractor £mds a conflict~ eh'or or discrepancy in the Conu'ac~
Documents. the Contractor shall so report to the engineer and the City in writing at once and before proceeding with the
Work affected thereby and shall obtain a wdttan interpretation or clarification from the Engineer.
3.2 Amending and Supplementing Contract Documents:
The contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify, the
terms and conditions therenfin one or more of the follow/ng ways:
3.2.1. A formal Amendment of the Contract for Construction;
3.22 A Change Order pursuant to paragraph 10.3. As indicated in Article 11 Contract Price and
Con'wact Tilne may ouly be changed by a Change Order or a Written Notice of Amendment.
3.2.3. In addition, the requirements of the Contract Documents may be supplemented, and
minor variations and deviations in the Work may be authorized, in one or more of the following ways:
3.2.3.1. A Field Order (pursuant to paragraph 9.5);
3.2.3.2. The Engineer's approval ora Shot: Drawing or sample (pursuant to paragraphs
6.18.5 and 6.18.6); or,
3.2.3.3. The Engineer',~ Written interpretation or clarification (pursuant to paragraph 9.4).
3.3 Reuse of Documents:
Neither the Con:actor nor any Subcontractor or Supplier or other person or organ/zafion performing or furul~hing any
of the Work under a direct or indirect contract with the City shall have or acquire any title to or ow'nersb/p rights in any
of the design details, drawings or specifications.
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L c,~ of Assen - General Conditions for Construction Contracts
$.4 Precedence of ContractDocuments:
The Contract governs over the Contract Documents. A Chenge Order gover~ over all other
Contract DocumentS impacted by change. The Special Conditions govern over the General
Conditions.
ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POI[NTS
4.2 Availabili~ of Lands:
The City shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed,
r/ghtS-of-way and easements for access thereto. The Cm~rractor shall have full responsibility with respect rs any
conditions or provisions contained in applicable easemenr, s relating to the lends upon which the' Work is m he
performed.
4.2 Physical Conditions:
4.2.1. EXPLORATIONS AND P,.EPORTS: Reference is made to the Special Conditions for identification of those
repons of explorations and tests of subsurface conditions ar the site that have been utilized by the Engineer in
preparation of the Contract Documents. The Conu:actor may reasonably rely upon the accuracy of the technical data
contained in such reports, but not upon non-technical data, interpretations or epa'dons contained therein or for the
c~mpleteness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in
paragraph 4.2.6. the Contractor ~halI have full responsibility with respect m subsurface conditions at the site. Contractor
shall not, by virtue of this paragrapt~ be relieved from exercising ordinary sldll and competence with respect to rellence
upon the accm'acy of the technical data contained in such repons.
4.2.2. EXISTING STRU~S: Reference is made to the Special Conditions for identification of those drawings
of physical conditions in or relating m existing surface and subsurface structures (except Underground Facilities
referred to in paragraph 4.3) which are at or conti~aous to the site that have been utilized by the Engineer in preparation
of the Contract Doenmems. The C0ntracmr may reasonably rely upo¢ the accuracy o~the technical data contained in
such drawings, but not for the completeness thereof for the Contractor's puspose~. Except as indicated in the
inrnediately preced/ng aentence and in paragraph 4.2.6. the Contractor shall have full responsibility with respect rs
physical conditions m or relating to such structures. The Contractor shall not, by v/tree oft/tis paragraph, be relieved
from exercising ordinary skill and competence with respect m reliance upon the accuracy of the techmcal data
contained in such drawings.
4.2.3. REPORT OF DIkI~I:RING CONDITIONS: If the Contractor believes that:
4.2.3.1. Any technical data on which the Contractor is entitled to rely as provided in
paragraphs 4.2.1 and 4.2.2 is inaccurate: or
4.2.3.2. Any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents,
Them the Contractor shall promptly, after becoming aware thereof end before performing any Work in
couneenon therewith (except in an emergency as permitted by paragraph 6.22) notify the City end the
Engineer in writing about the inaccuracy or difference.
4.2.4. ENGINEER'S REVIEW: The Engineer will promptly review the pertinent conditions, determine the
necessity of obtaining additional explorations or testS with respect thereto end advise the City in wrihng (with a copy m
the Contractor) of the Engineer's findings end conclusions
4.2.5. POSS1BLE DOCUMENT CHANGE: If the Engineer concludes that there is a material error th the Contract
Documents or that because of newly discovered conditions a change in the Contract DocumentS is requisecl, a Change
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City of Asoen - Genera[ Conditions lot"Construction Contracts
Order will be issued as provided in Article I 0 to reflect and document the consequences of the inaccuracy or difference,
4.2.6. POSSIBLE PRICE AND TiME ADJUSTMENTS: In each such case. an increase or decrease in the Contract
Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent
that they are attributable to any such inaccuracy or difference as described in Section 4.2.3. The Contractor shall meet
and obtain approval from the City Engineer or his/her designee prior to implementing any such change in the Work.
4.3 Physical Conditions- Underground Facilities:
4.3.I. SHOViN OR INDICATED: The information and data shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to the
City or the Engineer by the owners of such Underground Facilities or by others. Unless it is otherMse expressly
provided in the Spec/al Conditions:
4.3.1.L The City and the Engineer shall not be responsible for the accuracy or completeness of any such
mforn~afion or data: and,
4.3.1.2. The Contractor shall have full responsibility for determining the existence of all Underground
Facilities, for reviewing and checking and potholing for all such information and data, for locating all
Underground Facilities shown or indicated in the Contract Documents, for coordmafion of the Work with the
owners of such Underground Facilities during construction, for the safety and protection thereof as provided In
paragraph 6.20 and for repan'ing any damage thereto resulting frora the Work. the cost of ail of wkich will be
considered as having been included in the Contract Price.
4.3.2. NOT SHOWN OR INDICATEDi If an Underground Facility is uncovered or revealed at or contiguous to thc
site which was not shown or indicated in the Contract Documents and wi'rich Contractor could not reasonably have
been expected to be aware of; Contractor shall~ promptly after becoming aware thereof and before performing any
Work affected thereby (except in an emergency as perm/tted by paragraph 6.17.1), identify the owner of such
Underground Facility end give written notice thereof to that owner and to the City and the Engineer. The Engineer will
promptly revtew the Underground Facility to determine the extent to which the Contract Documents should be
modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract
Documents will be amended or supplemented re the extent necessary. During such time, Conlmctor shall be
respons~le for the safety and protection of such Underground Facility as provided in paragraph 6.16.1. The Contractor
shall be allowed an mcrease in the Contract Price or an extension of the Contraci Time, or both. to the extent that they
are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents
and of which the Contractor could not reasonably have been expected to be aware of such Underground Facility and
subject to acceptance and approval by the Engineer.
4.4 Reference Points:
4.4. The City shall provide engmeering surveys to establish reference points for coustmction which in the
Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for
laying out the Work (unless otherwise specified in flee General Requkements), shall protect and preserve the established
reference points and shall make no changes or re-locations without the prior written approval of the City. The
Contractor shall report to the Engineer whenever any reference point is lost or destroyed or requires relocation because
of necessary, changes in grades or locations, and shall be responsible for the accurate replacement or relocation .of such
reference points by a Registered Professional Land Surveyor Licensed inthe State of Colorado.
&5 Protection and Restoration of Property and Landscape:
4.5.1. The Contractor shall be responsible for the preservation of all public and private property and shall protect
carefully from disturbance o~ damage all land and property and shall protect carefully from disturbance or damage all
GC1-O71.doc - Page 3_2
City of Aspen - General Conditions for Construction Contracm
land and monuments and property ma/ks until the Engmeer has witnessed or otherwise referenced the/r location and
shal/not remove them until directed.
4.5.2. The Contractor shall be responsible for all damage or/njury to property of any character, during the prosecution
of the Work, resulting from any act, on~ssian, neglect, or misconduct in h/s manner or method of execumi~ the Work,
or at any t/nsc due to defective Work or mater/ah, and said responsibility shall not be released until the project shall
have been completed and accepted.
4.5.3. When or where any direct or ind/rect damage or injury is done to publ/c or private property by or on accoum of
any act, omission, neglect, or misconduct by the Contractor in the execution of the Work, or th consequence of the non-
execution thereof by the Contractor, he shall restore, at his own expense, such property m a condition sim/tar or equal
to that existing before such damage or injuw was done, by repaim~g, rebnllding, or otherwise restnr/ng as may be
chrected, or he shall make good such damage or injury in an acceptable manner.
4.5.4. State Highway 82 and the streets within the corporate lirrfits of the City of Aspen are viewed by the City as a
commun/~ asset which enhance~ the tourism industry. The City, therefore, desires to save all vegetation and other
envirounaental features except.for those which have been specifically ~dent/fied for removal in the Contract Documents.
4.5.5. Materials storage, equipment parking, vehicle parking and stockpiling excavated materials shah be allowed only
in those areas designated by the Engineer.
4.5.6. Specific areas of vegetation and other environmental features to be protected shall be staked, fenced, or
otherwise marked/o the field by the Engineer. However, the fact that areas of vegetation and other environmental
features are not marked shall not necessarily mean that those items are expendable. The Contractor shall peffom~ all his
activities in such a manner that the least environmental damage shall result. Any questionable areas or items shall be
brought to the attention of the Eng/neer for approval prior to removal or any damage activity. Damage or destruction of
unmarked trees or slumbs which could reasonably have been saved shall therefore be subject to the provisions these
General Conditions.
4.5.7. If the fence, staking or nmrking is knocked down or destroyed by the Contractor, the Work shall stop in whole or
in part, until the fence or other protection is repaired tn the Engineer's satisfaction at the}Contractor's expense. Time lost
due to such suspension shall not be considered a basis for adjustment of Contract Time or for compensation to the
Cantractor,
4.5.8. If the ConUmctor disturbs any of the landscape not called for rentoval, he/she shall restore those areas as directed
at the Contractor's expense.
4.5.9. The City may requ/re that the Contractor replant an area that is damaged. The Work shall be done as directed by
the Engineer. If the Contractor is deemed to be respensthle, then the replanting shall be done by the Contractor at
his/her expense. If the City is responsible, the cnsrs will be re/mbursed on a m/nor contract revistons ('MCR) basis
unless exisung cost proposal covers the Work.
4.5.10, With respect to replacement of trees and shrubs that have been damaged or destroyed, the following conditions
shall apply:
4.5.10. I. Trees or shrubs of replaceable size shah be replaced by the Contractor at his/her expense. If he/she
fails tn do so widtin a reasonable length of time as detemtined by the Engineer and prior to the end of the
contract time, the replacement value of the trees or shrubs will be deducted from any money due to the
Contractor. These values shall be based upon averages derived from current pr/ecs of nursehes growing the
plants, plus the cost for planting and a guarantee for the drsr growing season
4.5.10.2. When trees or shrubs beyond replaceable size have been damaged or destroyed, the value of such
trees or sl'aubs shah be calculated as per square yard of surface area measured at the ground level.
GC%971,doc Page ~_ 3 J
City of Aspen - Genera] Conaitions for Construction ConTracts t
4,5.10.3. An~, deduction assessed as liquidated damages under this section shall not relieve the Conu'actor
from liabii/ty for any damages or costs resulting kom delay~ to the City, traveling public or other contmctom
qt. 6 Hazardous 3/Iaterials
4.6.1. Pr/or to commencement of any Work and as a condition precedent to payment by the City of any cost~ for it,
the Contractor shall at no add/tiunal cost to the City conduct tests the Contractor deems necessary to determine the
existence of Hazardous Materials by appropriately linensed Subcontractors or entities. The City shall reLmburse the
Contractor for the invoice costs of the tests, only in the event that the Contractor rum/shes the City w/th certified test
data and results which confkrm the existence of Hazardous Materials.
4.6.2. If Hazardous Materials are discovered on or under real property wkich/s owned by the City before the date of
Substantial Completion and Acceptance in accordance with Article t4 herein, wh/ch property is with/m the Project
right-of-way, the City shall, upon the request of the Contractor, and at the City's sole cost and expense, cause any sueb
Hazardous Materials to be encapsulated, treated or removed fi.om such real property and transported for f'mal disposal
in accordance with ali Laws and Regulations, and shall cause such real properE/to be restored to its condition existing
prior to such removal (except for the absence cf Hazardous Materials), including, to the extent reqmred, any grading
and reinfomement necessary to restore the weight-bearing capacity of such real property prior to such event. The City
shall remove the Hazardous Materials and restore the real property i~ such a rramner as not ro interfere with the
Contractor's construction or operanon of the Project.
4.6.3. If Hazardous Materials are present on or under the Project right-of-way as a result of any discharge, dumping
or spilling on the Project fight-of-way during the term of the Contract by any party, inchiding the Contractor, other tha~
an agency of the executive branch of State or Federal Government, the Contractor shall at the Contractor's sole cost and
expense, cause a~y such Hazardous Materials to be encapsulated, treated or removed fi.om the Project right-of-way and
~ransported for final disposal in accordance with ali applicable Laxvs and Regulations, and shall cause the Project right-
of-way to be restored to /ts condition ex/sting prior co such removal (except for the absence of the Hazardous
Materials), including, to the extent required, any grading and reinforcement necessary to restore the weight-bearing
capacity of the Project right-of-way prior to such event. ,
4.6.4. The City shall not be responsible for the cost of and the removal or clean-ul: of Haza:rdous Materials found in
any materials brought to the Project Site, after the Project Site is turned over to the Contractor.
4.6.5. The Contractor shall provide the Engineer with a written certification each time materials or equipment ~s
brought onto the Work site that such materials or equipment do not contain Hazardous Materials.
4.6.6. The Contractor and the City shall cooperate with each other in the prosecution of any claim agait~t or defense
of any claims made by third parties in connection with Hazardous Materials present o~ the Project right-of-way or
contiguous properties owed or controlled by the City.
4. 7 Contractor Bepresentations
By executing the Contract. the Contractor represents that he/she ~ visited the site, fam/liarized b2m/herself with the
local conditions under which the Work is to be performed (including weather conditions winch can be expected), and
correlated his observations with the requ/.rements of the Contract Documents.
ARTICLE 5 - BONDS, INDEMNIJFICATION AND INSURANCE
5.1 Performance, Payment, and Maintenance Bonds:
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City of Aspen - Genera Conditions for Construction Contmcm
5.1.l Contractor shall famish performance, payment~ and maintenance Bonds, each in an antount ~pecified in the
Special Conditions as securky for the faithful performance .and payment of all the Contractor's obligations under the
Contract Documents. These Bonds shall remain in effect until flue job is advertised and closed except for the
Maintenance Bond wkich, shall remain in full force and effect for T~vo Years from the date of project closure, except as
otherwise provided by the Contract Documents. The Contractor shall also furnish such other Bonds as are required by
the Special Con(i/dons. Ali Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents
and be executed by such surenes as are named in the current list of "Conrpathes Holding Cen/ficates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Remanting Companies" as published in C/rcular 570
tantended) by the Audit Staff Bureau of Account. U.S. Treasury Deparunent, All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act,
5.1.2. If the surety on any Bond furnished by Contractor is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state or it ceases to meet the requirements of paragraph 5.1, Contractor shall w/tkhi five
days thereafter substitute another Bond and Surety, both of wkich must be acceptable to the City.
5.2 Indemnification:
The Contractor agrees to indenmify and hold harm/ess the City, its officers, employees, insurers, and self-insurance
poot, from and against ail liabii/ty, claims, and demands, on account of injury, loss, or damage, including without
Iintitafion clarrns arising front bodily injury, personal injury, siclmess, disease, death, properry loss or damage, or any
other Ioss of any kind whatsoever, which arise out of or are in any manner connected with th/s contract, to the extent
that such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the
act. omissinn, error, professional error, mistake, negligence, or other fault of the Con~ractor, any subcontractor of the
Contractor, or any officer, employee, representauve, or agent of the Contractor or of any subcontractor of the
Contractor. or which arises out of any workmen's compensauon claim of any employee of the Contractor or of any
employee of any subcontractor of the Cuntractor. The Contractor agrees m investigats, handle, respond to, and provide
defense for and defend against, any such 1/ability, claims or demands at the sole expense of the Contractor, or at the
option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in cmmect/on
with, an~, such liability, clahits, or demands. The Con~'actor also agrees to bear all other costs and expenses related
thereto /ncluding cour~ costs and attorney fees, whether or not any such 1/abii/ty, claims, or demands sieged are
groundless, false, or fraudulent. If it is determined by rite final judgment of a court of [cumpetent jurisdiction that such
injury, loss, or dantage was caused in whole or in part by the act, ormssion, or other fault of rite City, its officers, or its
employees, the City shall reimburse the Contractor for the portion of the judgment attributable to such act omission, or
other fault of the City, its officers, or employees.
5.3 Contractor~s lnsurance:
5.3.1. The Contractor agrees to procure and ma/nm/n, at its o,3m expense, a policy or policies of insurance sufficient
to insure against all I/abil/ty, claims, demands, and other obligations assunted by the Contractor pursuant to Section 5.2
above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The
Contractor shall not be relieved of any liability, clam, demands, or other obl/gations assumed pursuant to Section 5.2
above by reason of its failure to procure or ma/ntam insurance, or by reason of its failure to procure ,or maintain
/nsarance gu sufficient amounts, duration, or types.
5.3.2. Contractor shall procure and maintain, mtd shall cause any subcontractor of the Con~'actor to procure and
maintain, the nfimrnum insurance coverages listed/n the Supplemental Conditions. If the Supplemental Conditions do
not set forth minimum insurance coverage, then the mnumum coverage shall be as set forth below. Such coverage shall
be procured and maintained with forms and insurance acceptable to City. Al/ coverage shaI2 be cunzinuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section
5.2 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
5.3.2.1. PVorkmen'x Compensation insurance to cover obI/gations imposed by applicable laws for any
employee engaged in the performance of worl4 under this contract, and Employers' Liability insurance w/th
E GC1-971.doc Page 2[ J
City of Aspen - General Conditions Cot Construction Contracts
rranm~um lira/ts of. FiVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FiVE HUNDRED
THOUSAND DOLLARS [$500.000.00) disease - each employee. Evidence of qualified self-insured status
may be substitated for the Workmen'~ Compensation requzremenrs of th/s paragraph.
5.3.2.2. Commercial General Liability insurance with minimum combined single I/m/ts of ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($t,000,000.00) aggregate.
The policy shall be applicable to ali premises and operations. The policy shall include coverage for bodily
injury, broad fom: property damage (including completed operations), perspnal injury (inchiding coverage for
contractual and employee acts), blanket con~ractual, independen! contractors, products, and completed
operations. The policy shall include coverage for explosion, coliapse, and under~ound hazards. The policy
shall contain a severability of interests prov~sinn.
5.3.2.3. Comprehensive Auto,~obile Liability insurance w/th nZmrsnum combined single 1/mits for bodily
injury and property damage of not less titan ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
ONE MILLION DOLLARS ($I,000,000.00) aggregate with respect to eacI~ Contractor's owned., hired and
non-owned vehicles assigned to or used in peffomxance of the services. The policy shall contain a severability
of interests provision. If the Contractor has no owned automobiles, the requ/remenrs of this Section 5.4.2.3
shall be met by each employee of the Contractor providing services to the City under tiffs contract.
5.3.3. Except for any Professional L/ability insurance that may be required, the policy or policies reguired above
shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds.
Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or
employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not
contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above
shall contain any exclusion for bodily injury or property dan.age arising from completed operations. The Contractor
shall be solely responsible for any deductible losses under any policy required above.
5.3.4. The certificate of insurance provided by the City of Aspen shall be completed by the Contractor's insurance
agent as evidence that policies providing the required coverage, qonditinns, and minimum tim/ts are in full force and
effect, and shall be reviewed and approved by the City of Aspen prim: to commencement of the contract. No other form
of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under
the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior wrkten notice has
been given to the City of Aspen.
5.3.5 In addition, these Certificates of Insurance shall contain the following clauses:
Underwriters and issuers shall have no right of reenve~ or subrogation against the City of Aspan, it being the
intention of the parties that the insurance policies so effected shall protect ali pafdas and be primary coverage
for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may
become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of
recovery or subrogation against the Contractor, and issuers shall have no right of recovery, or subrogation
against the City of Aspen, it being the intention of the parties that the [murance policies so effected shall
protect all parties and ~oe p~hmary coverage for any and ail losses covered by the above-described insurance.
To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's
underwriters and insurers shall have no right ofracovery or subrogation against the Contractor.
The insurance companies ~ssumg the policy or policies shall have no recourse against the City of Aspen for
payment of any prermums or for assessments under any form of policy, insurance compames ~ssuing the
policy or policies shall have no recourse against the City of Aspen for payment of any prermums or for
assessments under any form of policy.
b GC1-971.doc - Page ~.6 I
City of Aspen - General Conditions for Construction Contraccs ~
I GC1-971.doc Page 18
City of Aspen - General Conditions for Construction Contracts
6.2 Super~,ision and Sttperintendence:
6;2.1 The Contractor shah supervise and direct the Work competendy and efficiently devot~g such attention thereto
and applying such sldHs and expertise as may be necessary m perform the Work m accordance with the Contract
Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures
of cons~ctinn. The Contractor shall be responsthie to .see that the fi~shed Work sompI~es accurately with the
Con~ract Documents.
6.2.2. The Contractor shall keep on the Work at aH m-acs during its progress a competent resident superintendent,
who shall not be replaced without written notice to the City and the ]Engineer except under extraordinary circumstances.
The superintendent will be the Contractor's representative at the site and shall haze authority to act on behalf of the
Contractor. All communications given to the supenntendent shaL! be as binding as if given to the Contractor.
6.3 Labor, Materials and Equipment:
6.3.I. The Contractor shah provide competent, suitably qualified personnel to survey and layout the Work and
perform construction as requized by the Contract Documents The Contractor shall at ali times maintain good discipline
and order at the site. Except in connection wzth the safety or protection of persons or the work or property, at the site or
adjacent thereto, and except as otherwise indicated in the Contract Documents. all Work at the site shall be performed
during reguIar working hours, and the Contractor. wilJ not pem~/t overtime work or the performance of Work on
Saturday, Sunday or any legal holiday without the City's written consent given a~er prior written notice to the Engineer.
6.3.2. Unless otherwise specified in the Specific Conditions or Specific Provisions, the Contractor shall furnish and
assume full responsibility for alt materiah, eqmpment, labor, transportation, construction equipment and machinery,
tools, appliances, fuel, power, light~ heat, telephone, water, sanitm'y facilities, temporary facilities and all other facilities
and incidentals necessary for the famishing, performance, testing, start-up and completion of the Work.
6.3.3. Ali materhLs and equipment shall be of good quality and new, except as otherwise provided in the Contract
Documents. If required by the Engineer, the Contractor .shall furnish satisfactory evidence (including reports of
required tests) as to fine kind and quarry of materials and equipment. Ali materials and equipment shall be applied,
installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable
Supplier except as otherwise provided in the Contract Documents; but no provision of any such instmcfiom ,,viii be
effective to assign m the Engineer, or any of the Engineer's consultants, agents or employees, any duty or authority to
supervise or direct the famishing or perfomaance of the Work or any du~2 or authority to undertake respons~ility
contrary to the provisions of paragraph 9.10.1. or 9.10.2.
6. d - 6.6 Reseta,ed
6. 7, t4~ork Schedule:
6.7.1. The Contractor shah submit to the Engineer for acceptance such schedule of work progress reports, estimates,
records, and other data as the City may require concerning work performed or to be performed.
6.7.2. Prior m beginning of Work and or before the Pre-construction Conference, the Contractor shall submit
schedules showing the order in wh/ch he/she proposed to carry on the Work, including dates at which he/she will start
the various parts of the Work estimated date of completion of each pm
6.8 Substitutes of "or-equal" Items:
6.8.1. Whenever materials or equipment are specified or des6n'bed in the Contract Documents by using the name of
a proprietary item or the name ora particular Supplier the uan~ng of the item is intended to establish the type, function
and quality required. Unless the name is followed by words indicating that no subsfitation is permitted, materials or
equipment of other Suppliers may be accepted by the engineer if sufficient information is submitted by the Contractor
to allow the Engineer to determine that the material or equipment proposed is equivalent or equal to that named./he
City of Assen - General Conditions for Construct'on Contracts
Engineer will include the following as supplemented in the General Requirements. Requests for review of substitute
items of mater~fl and equtpmem will not be accepted by the Engineer from anyone other than the Contractor. If the
Contractor wishes to furnish or use a substitute itam of material or equipment the Con~'actor shall ma~ke written
application to the Engineer for acceptance thereof, cezlifying that the proposed substitute w~ll peffomr adequately the
functions and achieve the results called for by the general design, be sm~ilar and of equal substance to that specLfied and
be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed
substitute wilt not prejudice the Contractor's achievement of Substantial Completion on time, whether or not acceptanca
of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions ~fany
other direct contract with the City for work on the Project) to adapt the design to the proposed substitute and whether or
nor mcorporanon or use of the substitute in connection with the Work is sub3ect to payment of any license fee or
royalry. Ail variations of the proposed substitute fi'om that specified will be identified in the apptication and available
maintenance, repair and replacement service will be indicated. The application will a]so contain an itemized estimate of
ali costs that v/ill result direcdy or indirectly from acceptance of such substitute, including costs of redesign and claims
of other contractors affected by the resulting change, all of which shall be considered by Owner in evaluating the
proposed substitute. The Engineer may i'equire the Contractor to furnish at Contractor's expense additional data about
the proposed substitute.
6.8.2. If a specific means, method, tecb.uique, sequence or procedure of construction is indicated in or required by
the Contract Document~. the Contractor may furnish or utilize a substitute means, method, sequence, technique or
procedure of consu'action acceptable to the Engineer. The procedure for review by the Engineer shall be sin~lar to that
provided in paragraph 6.8.1.
6.8.3. The Engineer will be allowed a reasonable dine within which to evaluate each proposed substitute. The
Engineer will be the sole judge of acceptabili~, and no substitute will be ord~ed, installed or utilized without the
Engineer's prior written acceptance which will be evidenced by an approved Shop Draw~g. The City may require the
Contractor to furnish at the Contractor's expense a special performance guaramee or other' surety with respec~ to any
substitute. The Engineer will record me required by the Engineer and the Engineer's consultants in evaluating
substitutions proposed by the Contractor and m malting changes i~ the Contract D~cuments occasioned thereby.
Whether or not the Engineer accepts a proposed substitute, the Contractor shall reimburse the City for the charges of the
Engineer and the Engineer's consultantS for evaluating each proposed substitute.
6.9 Subcontractors, Suppliers and Otbers:
6.9.1. The Contractor shall not employ any Subcontractor, Supplier or other person or organization (including those
acceptable to the City and the Engineer as indicated in paragraph 6.9.2), whether imtially or as a substitute, against
whom the City or the Engineer may have reasonable objection.
6.9.2. If the Special Conditions require the identity of certain Subcontractors, Suppliers or other persons or
ergan/zafious including thuse who are to furnish the principal items of materials and equipment to be submitted to the
City in advance of the specified date prior to the Effective Date of the Agrecuuent for acceptance by rite City and the
Engineer and if the Con~ractor has submitted a list thereof in accordance with the Special Conditions, the City's or the
Engineer's acceptance (either ~ writing or by failing to make written objection thereto by the date indicated for
acceptance or ob2ection in the bidding documents or the Contract Documents~ of any such Subcontractor, Supplier or
other person or organization so identified may be revoked on the basis of reasonable objection after due investigation,
m which case the Contractor shall submit an acceptable substitute, the.Contract Price will be increased by the difference
in the cost occasioned by such substitution a~d an appropriate Written Notice of_~u'nendment signed. No acceptance by
the City or the Engineer of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of
any right of the City or the Engineer to reject Defective Work.
6.9.3. The Contractor shall be fully respons~le to the City and the Engineer for all acts and omissions of the
SubcontraCtors. Suppliers and other persons and organ/zations perfom'fing or furnishing any of the Work under a direct
or indirect contract with Contractor just as Contractor is respons~te for Contractor's own acts and omissions. Nothing
in the Contract Documents shall create any contractual relationship between the CiW or the Engineer and any such
Subcontractor, Supplier or other person or organization: nor shall it create any obligation on the par1 of the City or the
GCl-971.doc Page 20 ]
City of Aspen - General Conditions for Construction Contracts
Engineer to pay or to see to the payment of arty moneys due ariy such Subcontractor, Supplier or other person or
organization except as may otherwise bc required by Laws and Kcgulations.
6,9.4. The divisions and scctinns of die Specifications and thc identifications of any Drawings shall not control the
Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any
specific trade.
6.9.5. Ail Work perforated for Contractor by a Subcontractor will be pursuant To an appropriate agreement ber~veen
the Contractor and the Subcontractor which specifically binds the Subcontractor to the Applicable terms and conditions
of the Contract Documents for the benefit of the City and thc Eng/neer and contain waiver provisions as required by
Section 5.3. The Contractor shall pay each Subcontractor a just share of any insurance moneys received by the
6.] 0 Subcontracting and Percentage of l~ork A)~,arded lo Subcontractor(s~:
6.10.1. The Contractor may util/ze the servines of specialty Subcontractors on those parts of the
Work, which under nomxal contracting practices, are performed by specialty Subcontractors.
6. I0.2. The Contractor shall nor award Work to Subconrraeror(s), in excess of forty nine percent (49%) of the
Contract Price. This condition shall be a r~i~rnum standard for a qualified Prime Contractor to perform within the City
rights of ways.
d..I] Patent .Fees and Royalties:
The Contractor shall pay all license fees and royalties and assume all costs incidcm to the use in the performance ~fthe
Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of
patent rights or copyrights held by others Contractor shall indemnify and hold harmless the City and the Engineer and
anyone directly or indiroctly employed by either of them from and against ail claims, dan'ages, losses and expenses
(including auomey's fees and court costs) arising out of any infringement of patent fights or copyrights incidcm to the
usc in the perfomuance of thc Work or resulting from the product or device not specified in the Contract Documents,
and shall defend all such clain~s in connection with any alleged inf.fingernent of anch rights.
6.12 Permits:
Unless Otherwise provided in thc Special Conditions, the Contractor shall obtain and pay for ali construction penults
and licenses, Thc City may only assist and advise the Conixactor, when necessary, in obtaining such permits and
licenses. The Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the
Work. which are applicable at the time of opening of Bids on the Effective Date of the Contract, The Con,actor shall
pay all charges ofutilit~ City's for connections to the Work, and the City shall pay all charges of such utility owners for
capital costs related thereto such as plant investment fees.
6.23 La~s and Regulations:
6.13.I. the Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and
pgri'ormancc of the Work. Except where other,vise expressly required by applicable Laws and Regulations, neither the
City nor the Engineer shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations.
6.13.2. If the Contractor observes that the Specifications or Drawings sr~ at variance with any Laws or Regulations,
the Contractor shall give the Engineer prompt written notice therenf, and any necessary changes will be authorized by
one of the methods indicated in para,apb 3.4. If the Contractor performs any Work knowing or having reason to
know that it is contrary to Laws or Regulations, and without such notice to the Engineer, the Contractor shall bear all
GC1-971.doc Page 21 1'
3ity of Aspen - General Conditions for $onstruction Contracts
6. J, ,t Taxes:
The Contractor shall pay all existing and furore applicable Federal. State and local sales, cor~umer, use and other
sir~lar taxes whether direct or indkect. Federal excise mx may not apply to materials purchased by the City. The
Contract Price shall include ail other PederaI~ State, and/or local d~rect or ~ndirect rexes which do apply. ~l~e Contract
Price shall ~nclude the cost o£ compliance with ali other Federal Laws and Regulations at no additional cost to the ~ty
(except as provided in the Contract Documents). The Contractur shall not be reinthursed separately for any taxes which
may apply except as provided in the Contract Documents and the Contractor shall be responsible for ali taxes which
may apply. The City is tax exempt fi.om Federal Excise T~x under Chapter 32 of the Internal Revenue Code. The City
~ exempt fi-om such taxes under registration numbgrs 98-02624. The Contractor and its Subcontractors shall apply to
the ~olorado Depar~mem o£ Revenue for a Ce~ificate o£ Exemption indicating that the Contractor or Subcontractor%
purchase o£ const~ction material or building materials is £or use in a building, structure, or othgr public work owned
and used by the City.
6.15 Use q'Premises:
6.15.I. The Contractor shall con.r"me construction eqmpmem the storage of materials and equipmem and the
operations of workers to the Project site and land and areas identified in, and permitted by, the Contract Documents and
other land and areas permitted by Laws and Regulations, rights-of-way, pernuts and easernenm, and shalI not
unreasonably encnnther the prermses with consUmction equipment or other materials or equipment. The Contractor
shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any
land or areas connguous thereto, resulting fi.om the performance of the Work. Should any claim be made against the
City or the Engineer by any such owner or occupant because of the perfom~ance of the Work, Contractor shall
promptly settle with such other par~y by agreement or otherwise resolve the claim by law. The Contractor shall, to the
fullest extent permitted by Laws and Regulations, inderr~fify and hold the City and the Engineer harmless fi.om and
against all claims, damages, losses and expenses (includ/ng, but not 1/mited te, fees of engmeers~ architects, anomeys
and other professionals and court costs' arising directly, indirectly or c~nsequenfially our of any action, legal or
equitable, brought by any such other party against the City or the Engineer m the extent based on a cla/m arising out of
the Contractor's performance of the Work.
6.15.2. During the progress of the Work, the Contractor shall keep the premises free from accumulations of waste
materials, rubbish and other debr/s resulting from the Work. At the completion of the Work. the Contractor shall
remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, consu'uction
equipment and mach/nery, and surplus materials, and shall leave the site clean and ready for occupancy by the City.
The Contractor shall restore to original condition ali property not designated for alteration by the Contract Documents.
6.15.3. The Contractor shall not load or permit any part of any sumcmre m be loaded in any manner that will endanger
the sumcun-e, nor shall the Contractor subject any part of the Work or adjacent proper~ to s~resses or pressures that will
endanger tr.
6.16 JtecordDocuments:
The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications_ Addenda,
Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and
clarifications in good order and annotated to show ali changes made during construction. These record documents
together with all approved samples and a counterpart of ali approved Shop Drawings will be available to the Engineer
for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to
the Engineer for the City.
6.17 Safety and Protection:
6.17.I. The Contractor shall be responsible for in/flaring, mathtaining and supervising ail safety precautions and
programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injuu or loss to:
f GC%97%doc Page 22
City of AsDer~ - General Conditions for Construction Contracts
6.17.1. I. AH employees on the Work and other persons and organizations who may be affected thereby;
6.17.1.2. All the Work and materials and equtpment to be iuco~porated therein, whether in storage on or offthe site; and
6.17.I.3. Other property at the s~te or adjacent thereto, Lucluding trees, sbaubs, lawns, walk~, pavements,
road-ways, srracmres, utilities and Underground Facilities not designated for removal, relocation or
replacement in the course of consUmction
The Conu:aczor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all nece'ssary
safeguards for such safety and protection. The Contractor shah notify owners of adjacant propers, and of Underground
Facilities and u~ity owners when prosecution of the Work may affect then% and shall cooperate with them in the
protection, removal: relocation and replacement of theft' property. Ail damage, injury or loss to any property referred to
in paragraph 6.17.1.2 or 6.17.1.3 caused_ dh'ectly or indkectly, in whole or m par'g by the Contractor, any
Subcontmctor, Supplier or any other person or organization directly or indirectly employed by any of them to perform
or furn~h any of the Work or anyone for whose act~ any of then~ may be liable, shall be remedied by .the Contractor.
The ~ontractor's duties and responsibilities for the safety and protection of the Work shah continue until such time as
all the Work is completed and the Engiueer has issued a notice to the City and the Contractor iu accordance with
Section 14.5 that the Work is acceptable (except as otherwise expressly provided m connection with Substantial
Completion).
6.17.2. The Contractor shall designate a person competent La OSHA safety related matters at the site at aH tmaes
during constmcdun whose duty shall be the prevention of accidents including confined space entry and work in the
confined spaces.
6.18 Emergencies:
In emergencies affecting the safety or protection of persons or the Work or proper~y at the site or adjacent ti~ereto, the
Contractor, without special instruction or authorization fi.om the Engineer or the City, is obligated m act to prevent
threatened damage, injury or loss. The Contractor shall give the Engineer prompt written notice if the Contractor
believes that any sig~xificant changes in the Work or variatio:~s from the Contract Documents have been caused thereby.
If the Engineer determines that a change in the Contract Documents.is required because of the action taken in response
to an emergency, ~ written order will be issued to document the consequences of the changes or variations.
6.19 Shop Dra~,ings andSamples:
6.19.I. After checking and verifying all field measurements and after complying with applicable procedures specified
m the Contract Documents, the Contractor shall submit to the Engineer for review and approval in accordance with the
approved schedule of Shop Drawing subm~sions prior to Pre-constraction Conference, or for other appropriate action
if so indicated in the Special Conditions, three (3) copies (unless otherwise specified) of all Shop Drawia~gs. which will
bear a stamp or specific written ~ndication that the Contractor has satisfied the Contractor's responsibilities under the
Contract Docun~ents with respect to the review of the submission. Ail submissions will be identified as the Engineer
may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimension~, specified
performance and design criteria, materials and similar data to enable the Engineer to review the information as required.'
6.19.2 The Contractor shall also submit to the Engineer for review and approval with such pmmpmess as to cause no
delay in Work, all samples required by the Contract Documents. All samples w~il have been checked by and
accompar'fied by a specific written indicition that the Contractor has satisfied the Contractor's responsibilities under the
Contract DocumentS with respect to the review of the submission and wllI be identified clearly as to material, Supplier,
pertinent data such as catalog ambers and the use for which intended.
GC1-971,doc Page 23 I
City of Aspen - General Condit ~qs. for Construction- ~.ontracts
6.I 9.3. Befurc submisston of each Shop Drawing or sample, the Contractor shall have determined 'and verified all
quantifies, dimensions, specified performance criteria, installation reqmrements, materials, catalog numbers and sin~ar
data with respect thereto; and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and
samples and with the requirements of the Work and the Contract Documents.
6. t 9.4. At the time of each submission, the Contractor shall give the Engineer specific written notice of each variation
their the Shop Drawings or samples may have from the requirements of the Contract Documents, aud. in addition, shall
cause a ~pecific notation to be made on each Shop Drawing submitted to the]Engineer for review and approval of each
such variation.
6.19.5. The Engineer will review and approve with reasonable promptness Shop Drawings and samples, but the
Engineer's review and approval w~lI be only for conformance with the dasign concept of thc Project az~d for compliance
with the ir~fom~tion given m thc Contract Documents and shall not extend to means, methods, techniques, sequences
or procedures of construction (except where a specific mcalu, method, tcclmique, sequence or procedure of
constmcfion is indicated in or required by thc Contract Documents) or to safety precautions or programs incident
thereto. The review and approval of a separate item as such will not indicate approval of the assembly in wkich the
item functions. The Contractor shall make eon'cations requfi-cd by the Engineer, and shall return the required number
of corrected copies of Shop Drawings and subn'dt as required new samples for review and approval. Thc Conuractor
shaI1 dk-ect specific auennon in writing to revisions other than the corrections called for by the Engineer on previous
submittals.
6.19.6. The Engineer's review and approval of Shop Drawings or samples shall no~ relieve the Contractor from
responsibility for any variation from thc rcqinrements of the Contract Denumcnts unless the Contractor has in writiug
called thc Engineer's attention to each such variation at the time of subnfission as required by paragraph 6.19.4 and thc
Engineer has given wnr~en approval of each such variation by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or samplc approval; nor will any approval by thc Engineer relieve the Contractor
from responsibility for errors or on~sstons in the Shop Drawings or from responsibility for having complied with the
provisions of paragraph 6.19.3.
6.19.7. Where a Shol= Drawing or sample is required by the Sp¢,cificadons, any related Work performed prior to the
Engineer's review and approval of the pertinent subn'dssion will be the sole expense and respons~flity of the
Contractor
6.20 Mechanics'Liens:
6.20.1. The Contractor covenants and agrees that, to the extent pern'fitted by law, no claims or mechanics' liens against
public funds (mechanic's liens) or claims of any kind. will be perm/trod to arise, be filed or maintained against the
Project or any part of it, an3~ interest in it or any nuprovements on it, against any moneys due or to become due from the
City to the Contractor, for or on account of any work, labor, services, materials, equipment or other items performed or
furnished for or in connection with the Project and the Contractor for itself, its Subcontractors, laborers and material
supphers and employees does waive, release and relinquish these claims or liens and ail rights to file or maintain these
liens and agrees further that this waiver of liens and waiver of the fight to file or maintain liens sha~ be independent
covenant and shall apply also to work, labor, services performed, materials, equipment and other items furnished under
any Change Order or supplemental agreement for exu:a or additional work in counectio= with the Project. The
Contractor agrees to defend, ind~nrafy, protect and save harmless the Eity from and against any and all claims or liens
and actions brought or judgmems rendered, and from and against any and all loss. damages, liability, cosr. s and
expenses, including legal fees and disbursements, which the City may sustain or incur in connection with the lh'ojecu
6.20.2. The Contractor also agrees as above for all of its Subcontractors, including but not lirodted to suppliers and
employees. If any of the Contractor% Subcontractors, suppliers, employees or any other person directly or indirectly
acting for, through or under its authority o~' an~ of them fries or maintains a lien or claim as described above, the
Contractor agrees to cause claims or liens to be .satisfied, removed or discharged at its own expense by bond, paymem
or otherwise within thirty ~30) consecutive calendar days fi'om he date of the filing, and upon the Contractor's failure to
do so the City shall have the right, in addition to ail other rights and remedies provided under this Contract or by law, to
GC1-971.doc - Page
L City of Aspen - GeneraJ Conditions for Construction Contracts j
cause the liens or claims to be satisfied, removed or discharged by whatever mearkn the City chooses, at the ¢nt/re cost
and expense of the Cor~tractor, the expense ;o include legal fees and disbursements. The Contractor shall g:ve a copy of
Claim Release form to ali Subcontractors and supp1/ers and shall include these pmwsions m all written cmxtracts with
Subcontractors. or give written notice to all Subcontractors, suppliers or other persons having oral agreements with the
Contractor.
6,20.3. The Contractor agrees that moneys received for the performance of this Contract shall be used fa'st for
payment due for labor, material, and services for the Project and taxes, and the moneys shall not be diverted to satisfy
obligations of the Contractor on other accunn~s or contract& The Contractor shall pay Subcontractors with/n Ten (] O)
consecutive calendar days of recezpr of a pm~ess payment from the City. The Contractor shall furnish sworn
affidavits m accordance with the form furnished by the City, whinh shall state that amountS due or to become due,
amoums paid, and any other information necessary ro indicate the financlaI condition of the Contractor, insofar as it
relates ro services, labor mad mater/al furnished, and to be rum/shed, under this Contract. The City may take steps it
may deem necessary to protect itself against any claims.
6.22 Cot~tinui~tg the Work:
The Contractor shall carry on the Work mhd adhere to tile progress schedule during all disputes or disagreemehts with
the City. No Work shall 'be delayed or postponed pending resolution of any disputes or disagreemems, except as
perrrfitted here/n or as the Contractor and the City may other~vise agree in writing.
6.22 ContractorFacilities:
All temporary contractor facilities shall be in accordance with regulations and codes governing such construction. The
types of temporary construction facilities required for the Project may include, but are not necessarily Iim/ted to. the
followLng: ia) job site office space, (b) consauction water distribution. (c) temporary closures, id) temporary heat, (e)
hoists and temporary cranes, if) tempmzry roads and paving, (g) construction aids. and miscellaneous facilities, ih)
temporary power distribufior~ ii) temporary hghting, (~) temporary toilet facilities. Ail operations of the Contractor,
including storage of materials, upon the City's prermses shall be cmu"raed to areas authorized or approved by Owner in
v. mtmg. Temporary buildthgs, storage sheds, shops, offices, may be erected by the Contractor only w/th the written
approval of the City and shall be built or provided with labor and materials rum/shed by:the Contractor without expense
to the City. Such temporary buildings and ut/J/ties shall remain the property of the Contractor and shall be removed by
it at its expense upon completion of the Work,
ARTICLE 7 - OTI:-DgR WORK
Z1 Related lCZork at Site:
7.t. 1. The City may perform other work related to the Project at the site by the City's own forces, have other work
perforated by utility owners or let other direct contracts therefor wbJ. ch sl~all conrath General Conditions similar to
these. The Contractor shall perform and coordinate his/her activities with other Contractors to avoid cora"tier and
mmm~/ze dismpnons.
7.1,2. The Contractor shall afford each utihty owner and other contractor who is a parry to such a direct contract (or
the City if the City is perfornimg the additional work with the City's employees) proper and safe access to the site and a
reasonable oppommity for the introduotion and storage of materials and eqmpment and the execution of such work, and
shall properly cmmeet and coordinate the Work with theirs. The Cuntractor shall do all cutting, fitting and patching of
the Work that may be required to make its several parm come together properly and integrate with such other work.
The Conlractor shall not endanger any work of others by cutting, excavaung or otherwise altering their work and will
only cut or alter their work with the written consent of the Owner and others whose work will be affected. The duties
and responsibilities of Contractor under this para.apb are for the benefit of sucl~ utility owners and other eon~raotors m
the extent that there are comparable prov~smns for the benefit of the Contractor in said direct contracts between the City
and such utthty owners and other contractors.
[ GC1-971.doc Page 25
C~ty of Aspen - Genera[ Conditions for Construct~or Contracts j
7.1.3. If any part of the Contractor's Work depends for proper execution or results upon the work of any such other
contractor or utility owner (or the City), the Contractor shall inspect and prompdy report to the Engineer in writing any
delays, defects or deficiencies in such work that render k unavailable or unsuitable for such proper execution and
results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and
proper for integration with the Contrantofs Work except for latent or non-apparent defects and deficiencies in the other
work.
Z2 Coordination:
If the City conu'acts with others/'or the performance of other work on tile Project at the ske, the person or organmafion
of the activities among the various pr/me cunrractors may be identified in the Special Conditions. and the specific
mauers to be covered by such author/ty and responsibility may be ite~r, dzed, and the extent of such authority and
responsib/I/ties may be provided, in the Special Conditions. Unless othe~wse provided in the Special Conditions,
neither the City nor the Engineer shall have any authority or responsib/]/ty in respect ofanch coordinafior~
ARTICLE 8 - CITY'S RESPONSIBILITIES
8.1. The City shall issue ali communications to the Contractor through the Engineer or b/s/her designated person.
8,2. The City shall ~mish the data requked of the City under the Contract Documents promptly and shall make
payments ro the Contractor through proceasing of the monthly Progress Pay Estimate forms within 30 days from the
ant-off date for a pay est/mate form,
8.3~ The City represents that an amount of money equal to the Contract Price has been duly appropriated in
accordance with the Mu~cipal Code of the City of Aspen, unde~ a purchase order. The City shall not issue any Change
' :':"- Order or execute a Written Amendment requiring additional compensable work, which work causes the aggregate
amount appropriated by the City, unless the Contractor is given a written assurance that a lawful appropriations tc cover
the costs of the additional work shall be made.
ARTICLE 9 -- ENGINEER'S STATUS DUKI~G CONSTRUCTION
9.7 Ci~y'sRepresentative:
The Engineer shall be the City's representative during the construction period. The duties and responsibilities and the
1/m/tafions of authoti? of the Engineer as the City's representative during construction are set forth in the Contract
Documents and shall not be extended without written consent of the City and the Engineer.
9.2 Vixits to Site:
The Engtheer shall make visits to the site at/ntervals appropriate to the various stages of construction to observe the
progress and quality of the executed Work and to detern'fine, m general, if the Work is proceeding in accordance with
the Contract Documents. The Engineer shall make on-site inspections to obsc'rve the quality or quantity of the Work.
The Engineer's efforts will be directed toward providing for the City a greater degree of confidence that the completed
Work will conform to the Contract Documents On the basis of such visits and on-sito observations, the Engtheer will
keep the City 'informed of the progress of the Work and will endeavor to guard the City against defects and deficiencies
in the Work.
9.3 Project Representation:
If the City and the Engineer agree, the Engineer' will furrfish a Resident Project Representative to assist the Engineer in
observing the performance of the Work. The duties, responsibilities and I/m(tafions of authority of any such Resident
GCI-971.Ooc - Page
City of Asoen - General Conditions for Construction Contracts
Project Representative and assistants will be to ensure confom~nce of work with spocificafions provided in the Special
Conditions. If the City designates another agent to represcm thc City at the site who is not the Engineer's agent or
employee, the duties, responsibinfies and limitations of authority of such other person will be as provided in the Special
Conditions.
9.4 Clarification andlnterpretations:
The Engineer wi//issue with reasonable prompmess such written clarifications or interpretations of the reqmremenrs of
the Contract Documeuts (in the fom~ of Drawings or otherwise) as the Engineer may detem'fine necessary, wh/ch shal-1
be consistent with or reasonably inferable from the overall intent of the Contract Documents. If a written clarification
er interpretation justifies an merease in the Contract Price or an extension of the Contract Time. the Contractor shall
meet with the Eng/neer and resolve the issue. All such requests or claims shall be subimtted to the City Engineer.
9.5 .4uthorized Variations bt ~Fork and Minor Contract Revisions:
The City Engineer may request or anthor/ze nfinor variations in the Work from the mqu/remenrs of the Contract
Documents which do not involve an adjustment in the Conlract Price or the Contract Time and are consistent with the
overall Intent of the Contract Documents. These may be accomplished by a written request or a field order and win be
bindthg on the City, and also on the Contractor who shall perCorm the Work involved promptly. If the Contractor
believes that a field order justifies an extension of the Contract Time and the parties are unable to agree as to the ex¢em
thereof, the Conu'acror may make a claim therefore as provided herein.
9.6 Rejecting Defecti~e ~ork:
The Eng~eer will have authority te disapprove or reject Work which the Engineer believes to be Defective, and will
also have authority to require special inspecuon or testing of the Work as provided herein below, whether or not the
Work is fabricated_, installed or completed.
9. 7. Shop Drawings, Change Orders and Payments:
9.7.I. In connection with the Eng/neer's responsibility for Shop Drawings and samples, see paragraphs 6.19.1.
through 6.20.1. inclusive.
9.7.2. In connection with the Engtheer's respons{bflifies as to Change Orders, see Article 10 and Article I 1.
9.7.3. h~ connection with the Engineer's responsibilities in respect of request for Payment, ete., see Article 14.
9.8 Decisions on Dispt~res:
9.8.1. The Engineer will be the initial interpreter of the requkernents of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and other matters raised by Contractor relating to the
acceptability of the Work or the interpreutfion of the reqmremen;,, of the Contract Documents penakrfing to the
performance and fun~slfing of the Work and claims under Articles 11 and I2 in respect tq changes th rite Contract Price
or Contract Time shall be refen-red initially to the Engineer in writing w/th a request for a formal decision in accordance
with this paragraph, wi'rich the Engineer will render in writing within a reasonable nme. Written notice of each such
claim dispute and other matter by the Contractor will be delivered to the Engtheer promptly [but in no event later than
tlfirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to the
Engineer and the City within sixty days after such occurrence unless the Eng/neer allows an additional period of time to
ascertain more accurate data in support of the cla/m.
GCl-971.doc Page 2'] j
City of &seen - General Condil ohs for Construction Contracts
9.8.2. The rendering of a decision by the Engineer pursuant to parag~eph 9.8, l. wi~ respect to any such claim, dispute
or other matter shall be a condition precedent m any exercise by the Contractor of such fights or remedies as the
Contractor may otherwise have under the Contract Documents or by Laws or Kegulations in respect of any such claim,
dispute or other mat~ar. The City shall not be bound by any initial interpretation by the Engineer of the requirements of
the Contract Documents, jud~mnem on fire acceptability of the Work thereunder, or formal decision made by the
Engineer m accordance with paragraph 9.8.1. Any dispute not resolved by the initlaI decision of the E~?gineer shall be
decided by due City, who shall reduce the decision in writing and furnish a copy thereof to the Contractor and the
Engineer. The decision of the City shall be final subject to review by the Pitldn County District Court in Pitldn County,
Colorado. Pending f'maI.decision of a dispute hereunder, the Contractor shall proceed diligently with the performance
of the Work and in accordance with the Engineer's interpretation.
9.9 Reserved
9.10 Lhnitations on ~,ngineer's Responsibilities:
9.I0.1 Neither the Engineer's authority to act under this Article 9 or elsewhere in the Contract Documents nor any
decision made by the Engineer in good faith either to exercise or not exercise such authority shall give rise m any duty
or responsibility of the Engineer to the Contractor, any Subcontractor, any Supplier, or any other person or organization
perform/rig any of the Work, or to any surety for any of thorn.
9. 10.2. Whenever m the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed",
approved" or temps of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or insport are used to describe a requirement, direction, review or judgmem
of the Engineer as to the Work. it is intended that such requirement, direction, review or judgment will be solely re
evaluate the Work for compliance with the Contract Documents (unless there is a spec/tic staremen~ indicating
otherwisej. The uae of any such term or adjective shall nor be effective to assign to the Engineer any duty or authority
to supervise or direct the fumisking or performance of the Work or any duty or authority to undertake respons~i/ity
contrary to the Contract Documents.
ARTICLE 10 - CHANGES IN THE WORK
10.2 City Initiated Changes
10.1.1. The City may requn'e, without notification to sureties, the Contractor to perform changes, additions or
deletions m the Work ar anytime after execu~or~ of the Contract without invatidat~g the Contract. Changes sha2d be
accomplished as set forth in Section 3.2, above.
10. I.2. The Contractor shall promptiy perform changes in the Work/n accordance with applicable provisions of the
Contract Documents. u~ess otherwise provided in a Change Order or Amendment to the Contract for Constmctiun.
10.1.3. The following procedure shall be followed for the City notifying the Contractor of proposed City ip_itlated
changes. The Engineer shall issue a nonce informing the Contractor of a planned change in the Work and its scope, and
requesting the Contractor's detailed price proposal. The Contractor, ar no expense to the City, shall submit a priced
proposal for peffornfing the proposed change in the Work. The Contractor, within Ten (rOd consecutive calendar days
after receiving the Notice of Change, or such longer time which the Engineer in his/her discretion has grunted, shall
provide the Engtheer with a complete and item/zed proposal which includes the estimated increase or decrease in the
Contract Price and/or in the Contract Time attributable to the planned changes on the criteria and methods descn'bed in
Article I 1. The Conu'actor shall be responsible for delays to the Work and any additional costs incurred by the City
caused by its failure m submit complete pricing irrformafion within the time provided above. The Contractor shall
participate with the City m prompt joint analysis and negotiations to fmalize a Change Order, if necessary.
10.2 MZritten Notice of Change
10.2.1. A Written Notice of Change may be used when:
GC1-971,doc Page 2 8 t
City of Asoen. General Conditions for Construction Contracts
a) Tile City determines that the Contractor must proceed mediately re perform a change in the Work
m order to avoid an adverse/rapact on the schedule or other unchanged Work, and sufficient time is
not available to negotiate an adjustment to the Contract Price or Contract Time; or
b) The City and Contractor have not completed the/z negotiation and roached agreemem on all of the
terms ora Change Order, but the City requires the Contractor to proceed without such agreement.
10.2.2. Upon receipt of a Written Not'ce of Change the Contractor shall promptly proceed with performing the
change in the Work. Additionally, the Contractor shall comply with ali the requirements of 10.3 of these General
Conditions.
10.3 Change Order
When the Contractor and the City reach agreement on the adjustments to the Contract Price and/ns Contract Time. such
agreements shall be promptly recorded in an executed Change Order.
20.4 Contractor Change;Request
10.41 If the Contractor: (i) receives any oral or written instructions, directives or mterprerauons of Contract
Documents, or deterrmnafions from the Engineer or, (i/1 identifies what it believes are design errors or omismous in the
Contract Drawings or Specifications, or (iiiI encounters a differing site condition; or, (iv) is delayed in the progress of
the Work; or, (v) becomes aware of an? other matter or circumstance wh/ch it believes w6uld require a change in the
Contract Phce or Contract Tin, e; the Contractor shall give the Engineer prompt written notice of such matters in a letter
or notice denominated "Contractor Change Request".
t0.4.2. All Contractor Change Requests shall be dated_ numbered sequentially, and shall describe the action or event
which the Contractor beI/eves may require an extension in t/me or price. The Contractor shall also provide descriptions
of possible Contractor actions or solutions to minim/ze the cost of the Contractor Change Request and, provide an
estimate of the adjustment in the Contract Price and/or Contract Time wkich it believes is appropriate.
10.4.3. With respect to orders, instmcfious, directives, interpretations, determinations, or the discovery of any errors
or omissmns in the Contract Documents, a Contractor Change Request shall be submitted before the Contractor acts on
them, but in nc event more than Ten (10) consecutive calendar days afier they were received or discovered.
I0.8.4. With respect to any diff,/rig ske conditions, a Contractor Change Request shall be submitted before the
conditions are disturbed_ but in no event more than Ten (10~ consecutive calendar dags after the conditions are first
discovered.
10.4.5. With respect m delays, a Contractor Change Request shall be submitted as soon as the Contractor has
knowledge of the delay, bur in no event more than Ten '] O) consecutive calendar dags therefrom
t0.8.6. With respect to any raatmrs or circumstance which the Contractor believes would require a change,/ncluding
delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the matter or
circumarance, but in no event more than Ten (]0) consecutive calendar days after the Contractor becomes aware of
such c/rcumsrance or matter.
10.5 Down Time:
The Contractor may be granted t/me extension for down time. No other compensation of any kind shall be made to the
Coutractor for dow~ me. Equipment failure, lack of adequate labor ~r tools or materials to perform the Work shall not
constitute down time.
GC'~-97'~.doc . Page 29
City of As~en - Genera .~onditions for Construction Contracts
JO. 6 Submil~al Requirements aJtd [~aiver of Claims
10.6.1. If the Contractor does not submit a Contractor Change Request within the time required above, any action by
the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or
other matter, including delays or differing site conditions, will not be considered by the City as a change ro the Work
and the Contractor waives any claim for an ad~nstmant on the Contract Price or the Contract Time.
10.6.2. The Contractor shall, within Ten (JO) consecut~'ve calendar days submit in detail, .a Contractor Change
Request, and provide the Engineer a complete and item/zed proposal which contains the information described in
Article I 1. The proposal shall also contain a detailed explanation, eiting ail apphcable provismns in the Contract
Documer~ts, which supports the Contractor Change Request. If the Contractor does not submit its itentized proposal
within the time described above or within such extension Milch the t~ngineer, in his/her discretion may have granted in
writing, it waives any claim for an ad.~usrmenr in the Contract Price or Contract Tinge arisin~ our of the act or evem
described in the Contract Change Request.
10.6.3. If a Contractor Change Reques~ is denied by the Engineer. in whole or in par% any claim for an increase in the
Contract Pr/ce or Contract Time ar/sing out of the act or event deser~ed in the Contractor Change Request ~s waived
unless the Contractor timely corhplies with the provisions of paragraphs 10.4.1. through 10.4.6.
ARTICLE ll. CHANGE OF CONTRACT PRICE OR CONTRACT TI/VIE
ll.2 Contract Price Adjustmentx
Ail adjustments to the Contract Pr/ce shall be determined by using one or more of tbe following methods:
11.I. 1 A negotiated lump sum for work items that cannot be item/zed. The Contractor shall promptly provide suffi~
cient substantiating data, including calculations, measuremanrs, cost records, production fates, equipment 5rpes and
capacity, labor costs by craft and other information which the City may reasonably require the Contractor to produce in
order m permit the City to evaluate the Contractor's lumt: sum change order prol:{osals. In pricing this proposal, the
Contractor shall include estimates of the type of costs described in Section 11.4 below.
11.i.2 Unit prices stated in the Contract Documents or subsequently agreed upon multiplied by £mal verified quanti-
ties of work performed;
11.1.3 Cost to be determined in a manner agreed upon by the parties which includes markups that do not exceed
those set forth in Section 11.4 below.
11.I.4 Costs to be determined in the manner described in Section 11.3.1.
21.2 Contract TimeAdjuxtrnents.
[ 1.2.I. Any extension of the Contract Time must be requested in a Contractor Change Request which complies with
ali of the requirements of paragraphs 10.4.I through 10.4.6. Fa/lure to slrictly comply with the timing and submittal
reqmremenrs shall constitute a waiver of any request or claim.
11.2.2. If the Contractor is delayed at any time in the progress of the Work and such delay was caused, in whole or in
part, by the act or omission of the City, or by changes ordered in the Work pursuam ~o strikes, lockouts, f~re, unusual
delay by common carriers, unavoidable casualties, or any other causes beyond tl~e Coutractor's control, then the
Contract Time shall be extended by the City. Such extensions will be for a period of time as the City may in irs
discretion determine, provided however that such delay could not have been avoided by the exercise of due diligence
by the Contractor and did not result from the acts or ormssions of the Contractor and, provided further, that they
Contractor has taken reasonable actions to rni~gaee or prevent further delays resulting from such causes.
I GC1-g71.doc - Page 30 I
City of Asoen - General Conditions for Cons~rucuon Contracts
I 1.2.3. If abnon'nal weather conditions are the basis for a claim for an extension of the Contract Time, such claim
shall be documented on the City of Aspen Engineering Depamuent's Daily Consm~ction Log forms substantiating that
weather conditions were unusually severe for the period of fi-me, and could not have been reasonably anticipated.
Kegardless of actual weather conditions, any day m which the Contractor is able to work $~r/Percent (60%) or more
of its scheduled work force shall not be counted as an abnormal weather day for purposes of calculating weather related
ume exransiuns.
ll,2.4. The Contractor a~ees that delays resulting from any causes other than acts or omissions of the City, its
employees, agents or officials shall be considered fully compensated by a nme extension only and a~ees to make no
claim for monetary damages for such delays. In no event shall the Contractor be entitled to recover any delay costs
caused by the acts or omissions of the Contractor, ns employees or agents.
11.2.5 If the Contractor believes that it has suffered delays m performing the Work that are caused by acts or
ormss~ens of the City, the Contractor may submit a Contractor Change Request with detailed justifications ¢cceptahle to
the Engineer Failure of the Contractor m comply with all reqmrements shall constitute a waiver of any claim for
damages resulting from such delays.
11.3 Force,4ccount
1 1.3. I In situations where the cost or t/me for performLng a requ/red change cannot be adequately defined or agreed
upon but the changed Work musl proceed, the City may d/rect the Conlractor to perform the Work on a Force Accounl
basis. Adjusm~enr shall be determined on die basis of reasonable expenditures and savings of those performing the
change in the Work includIng, -m case of an thcmase th the Contract Amount, an allowance for overhead and profiI
wh/ch shall not exceed the allowance descr/bed'in I 1.4.7 below. In such case, the Coutractor shal/keep and present in
such form as the City may prescribe, an itoraized d~tailed accounting together with appropriate supporting data of all of
the costs described in Section I 1,4.1 through Section 11.4.4 which clearly distinguishes the cost of changed Work from
base contract Work Information that shall be required on these forms Includes an itemization of ali costs for labm',
martials and equipmem rental and total costs to date for force account work. The Contractor shall/nclude hours
worked, rates of pay, names and job ctass/ficafions for all workers and size, type, identification number, rental rate and
hours of operation for equipment.
I 1.3.2 Unless other*vise provided in the Contract Documents. costs for the proposes of Force Account Work shall be
imm/zed daily on Daily Force Account Forms provided by the Engineer which are signed by the Centractor and the
Engineer. Such costs shall form the basis for detemiming the maximun~ amount to be paid the Contractor, but ti'tis
amount may be reduced where necessary to take into account the cost of base contract Work, Work included in
approved Change Ordem Work described in Work Directive Changes~ idle time for workers and/or equipment when
work could have been perforated in other locations or the number of workers or amount of eqmpmenr provided exceeds
the number or amount required m perform the Work, unsatisfactory Work or Work wtrich maybe performed
concurrently with the changed Work and which cannot be easily segregated frons the changed Work. The worker
hours, equipment hours, and materials/nstalIed shall be logged on the City of Aspen Engineering Department's Daily
Constraction Log form for every day the work is performed.
11.4 Contract Sum Determh~ation
11.4 In ne event ~hall the charge or cred/t to the City associated with any change exceed the sun~ of the following:
1t.4.1 D/rect Lgbo[. Actual net direct increase or decrease m the cost of the Contractor's labor for at/ work
associated with the change. Contractor's labor shall be bm/ted to Davis-Bacon Act work caregor/es or other labor
(/ncludthg salaried field personnel) that perform the individual change in Work full-time. For shop work, the direct
labor includes workers who work directly on the item being manufactured or operators of equipment being used to
handle items being manufactured
11.4.2 Labor Burden. Contractor's actual costs for workers compensation and liability insurance, payroll taxes, social
secur/ty and employees fringe benefits (/ncluding employer paid health insurance) imposed on the basis of payrolls.
GC1-971.doc - Page 3~ J
( ~.fty of Asoen - General Conditions for Construction Contracts I
~¢Js b~zden must reflect the wriabiIity of some burdens, i,e.. social security. Re burden shall include ali small tools
w~ch cost less than $300 apiece.
l 1.4:3 Direct Material. Supplies, Installed Equipment. Actual net direct cost of materials, supplies and eqmpment
incorporated in or consumed by the Work. If actual costs are not available, the cost shall be the lowest con~mercially
available price including all discounts and rebates and alt applicable taxes. Cost shall be based on buying the material,
supplies and equipment in the largest practical quantity to receive quantity d~scounts.
11.4.4 Equipment Actual net cost to the Con~'actor of owned and/or rented equipment other than small tools, to be
determined using the following method(s):
1) Owned equipment operaung costs shall be datonnJned using accepted industry standard
forms and methods for "Owning and Operating Equipment" as described by the U.S. Army Corps of
Engineers (COE) in its Iatost edition of the "Construction Equipment OivnersInp and Operating
Expense Schedule, Region V" (Document No. EP I 1 I0-1-8, Volume 5).
(2) Rental equipment costs shall be de~em~ined using actual invoiced rates less ail discounts for
bare eqmpment rental. Operating cnsrs will be determined based on rates in flue above-cited C,O.E.
manual.
(3) Mobilizatintffdemobil/zation costs will be paid if additional eqmpment is mobilized exclu-
sively for Work descn'bed m a change requested by the Engineer or a 'Change Order. If the
equipment is used on base contract work, no mobilization or m-mobilization or demobilization cost
will be paid. Any additional mobilizafion/demobilmafiun cost wilt be based on using the least expen-
sive means to mobilize or demobilize. Equipment shall be obtained from the nearest available
source. When the least expensive methods are used, then costs shown in the actual invoice MI1 be
the basis for pricing.
I 1.4.5 Bonds, Insurance, Perm/ts and Taxes. Actual increases or decreases in the cost of premiums for ail bonds and
insurance, permit fees, and sales, use or sin~/Iar taxes related to the Work shall be p~/d by the conlractor at no extra cos~
to the owner.
11.4.6 Subcontract Costs. Net cost of subcontractor work at any tier, provided that the cost of the subcontractor is
determined m accordance with the above reqturemenrs. When possihle, the Contractor shall obtain quotes from two or
more subcontractors.
I 1.4.7 Overhead and Profit.
(1) Ten percent (I0%) of the sum of Section 11.4.1 through Section 11.4.5 above, m cover a
profit for Work perfomaed by the Contractor or subcontractor,
(2) Two perc~m (2%) of Section tl.4.6 above To cover Contractor's and subcontractor's
overhead for work performed by the Contractor or subcontractor.
(3) Neither the Contractor nor any subcon~'actor, nor the City in the ease of a credit~ w/il
attempt m apply these percentage adjustments in a way wkich would pyran'fid either the cost or crsd/t
because a subcontractor or subcontractors at any tier are involved.
1 t.4.8 Totals as Equitable Adiustmem. The Contractor agrees that the total of the above constitutes an equitable
adjustment for any and ail damages resulting from a change or due to delay or disruption caused by the City. The
Contractor's choice of idling and Down Time shall not constitute an Ci(y's cause for delay or disruption.
GC1-97%doc - Page 32
' I City of Aspen - General Conditions for Donstruction Contracts
11.5 Cost and Pricing Data
11.5.1 Certificate of Current Cost or Pr/c/n~ Data. The Contractor shall subrrdt a Certificate of Current Cost or
Pric~g Data with any agreed upon Contract Price adjustment, but prior to the execution of a Change Order for the
work, in the £ollowing format:
Certificate of Current Cost and Pricing Data
This s to certify that. to the best of my knowledge and belief, tl~e cost of
edcing data submitted n writing zo the City n support of
are accurate, complete, and current as of
"uno rearesent the best prices available from SuPPliers and
suacontractors. This certification includes the cost of pricing data sua-
porting any aovance agreements and forwar¢ pricing rare agreements
between me offer or and the City that are part of the proposal.
Firm
Name
Title
Date
' Identify the appropriate number of the Change Notice.
-- Date when pricing negotiations were conctudec and price agreement
was reached.
'" Date of signing, which should be as close as eracticable to the date
when the price negotiations were concluded and price agreement reached.
11.5.2 Vendor Statements. The Contractor shall submit kn support of all items which are not unit prices or lump sum
prices established by the Contract, statements by the affected vendors that the prices are nor in excess of those
previously charged to the City or the suppher's regular commercial customers for the same items.
11.5.3 Price Reductions for Defective Costs or Pr/c/_ng Data. if k is later det~miaed that pricix~g adjustments m the
Contract were nor correct due to incomplete or inaccurate ~ric~g data by the Contractor or any subcontractor or
supplier ct that lower prices were readily available, the price shall be reduced accordi~gly and the Contract mod/fled by
a Change Order.
12.6 Variation hz Quanti~y of Unit Priced Items:
Where the quantity of a unit-priced item kn tlzis Contract is an estimated quantity and the actual quantity of the unit~
priced item varies more than 25 percent above or below the estimated quantity, an equitable adjustment in the Con~ract
Price may be made by a written Change approved by the Contractor and the Engineer. The equitable adjusm~enr shall
be based upon any increase or decrease in cost due solely ro the variation above 125 percent or below 75 percent of the
est/mated :luantity.' The City ar any time after fl~e award of the Contract, mas, delete Bid items, provided that the total
of such deletions does not exceed twenty five percent (25%) of the total Contract Price, and such deletions will not
justify an increase m other Bid prices. If the quafitity v~riafion is such as to cause an increase in the me necessary for
comptet~g the Work the Contractor may request in writkng, an extension of time only.
ARTICLE 12 - Reserved
GC1-971.doc - Page 33 ]
City of Aspen - General Conditions for Construction Contracts
ARTICLE 13 WARRANTY AND GUARANTEE; TESTS AND KNSPECTIONS; CORRECTION.
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.1 Warranty:
13.1 .l. The Contractor warrants and guarantees re City that all Work,'whether supplied, farn/shed, installed, provided.
or performed by Contractor, a Subcontractor, or Supplier, will be ha accordance with the Contract Documents and will
not be Defective. Ail Defective Work. whether or not in place, must be rejected, corrected or accepted as provided in
this Article 13. Work shall be performed in a skillful and workmanl/ke manner. Except where longer periods of
warranty are ind/cated for certain items, Contractor warrants Work, whether famished, installed, provided, performed
or supptSed by Contractor. a Subcontractor or Supplier, to be free from faulty materials and workmanshrp for a period
of not less than Two Year from date of Substantial Completion, which Two Year period shall be covered By the
Maintenance Bond and Payment Bond as spec/fled in the Contract Documents. Landscaping replacentent shall be
warranted for two growing seasons.
13.1.2. The Contractor, ar no additional expense to the City, shall remedy damage m equipment, the site. or the
buildings or the contents thereof that is the result of any failure or defect in the Work. and restore any work damaged in
fulfilling the requirements of the Contract Documents.
I3.t.3. With respect to ali warranties_ express or implied, from Subcontractors, manufacturers, or Suppliers for Work
performed and materials furnished under the Agreement, the Contractor shall:
13.1.3.1. Obta/n all warranties that would be given m normal commercial practice. To the extent that the
Subcontractur~s, manufacturers, or Supplier's~ standard wanmnty exceeds the miniranm City
requirements as set forth in this Article or elsewhere in the Contract 'Documents, the
Subcontractor's, manufacturer's, or Supplier's standard warranty shall apply. Otherwise, the
Contractor shall be responsible for a Two Year term under the Maintenance Bond.
13.1.3.2. Require all warranties to be executed, in writing, for the benefit of the City, if d/rooted by the
Engineer or.
13.1.3.3. Enforce ail warranties fo/: the benefit of the .Cit~}'if directed by tt~ Engineer.
13.1.3.4. Assign ail warranties and guarantees in writing to the City upon the request of the City.
I3.1.4. Notwithstanding anyth/ng m the contrary above, the Contractor shall warrant that ail equipment which are
incorporated into the Work or any subsystem shall be new. free from liens and defects in design, have clear title, be free
from faulty materials and workmanship, and shall conform in all aspects to the terms of tho Contract Documents, to the
drawings issued for manufacture by fire Contractor, and shall be in confmmance with the Technical Specifications and
Contractor's Proposal (except in those instances where the Contractor's Proposal has been anaended by subsequem
Technical Speckqcatinns). Unless the warranty period is otherwise extended or modified, the followhig warranty shall
apply. If within Five (5) 7ears from tl~e date each piece of equipment incorporated into the Work or any subsystem as
accepted by the City, ~t appears that the equipment or any part thereof does not conform m the above warranty and
guarantee provismns, and the City so notifies the Contractor with/n a reasonable time after its discovery, the Conumctor
shah thereupon promptly correct such nonconform/ty re the satisfaction of the City, at the Contractor's sole expanse;
failing which the City may reject the item and cover by purchasing substitute items or the City may proceed to make
corrections or accomplish the Contractors performance by the most expeditious means available, the cost of cover or
correction shall be charged to the Contractor.
13.I.4.1.Tha preservation, packaging, packing, and mm'king, and the preparation for, and method of,.
shipmenx of such equipment shall conform with the reqmrements of the Contract
Documents.
13. 1.4.2. When return, corrections, or replacement is requ/red, transportation charges and responsibil/ty for the
supplies and equipment while/n transit shall be borne by the Contractor.
GC1-971.doc Page
City of Aspen - General Condiuons for Construction Contracts
I3.1.5, In addition to the foreg;oing, in the eYent that any single component in the Work experiences failures during; the
warranty period snnh that the number of failures under normal service conditions exceeds ten percent (10%~ of the
Work population of that cornponent, the Contractor shall perform a desig;n defects analysis. If the analysis shows the
component das:g;n to be defective, the component shall be redeszgned, and the andre population of that component shall
be replaced and/or retrofittad.
I3.I.6, Whenever there is a conflict between flue wazrandes required by the Contract Documents and the warcanty
provided by a Subcontractor, manufact'arer or Supplier, the terms and conditions of the warranty that affords the City
the grea~es~ protection shall be binding; upon the Contractor.
I3.I.7. The above '~,arranues or other warranties agreed to by Contractor shall not ]in,it the City!s riglits under other
provisions of this Article with respect to latent defects, goss n-dstakes, or fraud.
13.1,8. Neithcc il~e foreg;oing; nor any pro¥iston m the Contract Documents, nor any special guarantee time Iin~it shall
be held to lin*it the Contractor's liability for defects, to ]ess than the legal limit of liability in accerdance with the law of
the place of building;.
t 3.1.9. Any supplies or equipment, or parts thereof, corrected or furnished in raplacement under this Article, shall also
be subject to the ~erms of the warranty prov~sions herein to the sarne ex~en~ as supplies and equipment midally
delivered. The warcanty, with respect to supplies, equipment, or parts thereof, shall be equal in duration as if ini'dally
delivered and shall ran from the date of delivery of the corrected or replaced supply, or upon the date it is placed in
sar,Ace, whichever is later.
13.2 Access to Work:
The Engineer and the Engineer's representatives, other representatives of the City, testing agencies and governman~al
agencies with jurisdictional interests shall have access to the WorL at any ~rae for their observation, respecting and
testing. Con,actor shall provide proper and safe conditions for such access.
13.~ Tests and fnspections: :
I3.3.1. The Con~racter shall .cooperate with material testing persons and £n-n~, and for required inspections, and
compliance and approval tests for the Work performed by the Contractor or his/her Subcontractor(s).
i3.3.2. II' Laws or Kegulations of any public body having jurisdiction require any Work (or pax thereof) to
specifically he kL~pected, tested or approved, the Contractor shall assume fall responsibility therefore, pay ali costs in
connection therewith and furnish the Engineer the required certificates of inspection, testing or approval. The
Con, actor shall also be respons~le for and shall pay all costs in connection with any inspection or Kc-testing required
in connectien with the City's or the Engineer's acceptance of a Supplier of materials or equipment proposed to be
incorpgrated in the Work, or of materials or eqmpmen~ submitted for approval prior to The Contractor's purchase
thereof for incorporation in the Work. The cost of all inspections, testing;, re-testing and approvals in addition te the
above that are required by the Contract Documents shall be paid by tlie Contractor (unless otherv/ise specified). The
City will conduct and pay for the conformance Jests on materials installed in-place, and the Contractor shall pay for re-
testing of all failing and non-conforraiug materials thereafter,
13.3.3. All inspectinns, tests or approvals other than those required by Laws or P--egulafions of any public body having
jurisdiction shall be performed by professional frm~s or cerdfied materials laboratories acceptable to the Engineer.
13.2.4. If any Work (including the work of others) that is to be inspected, tested or approved is covered without
written concurrence of the Engkueer. it must, be uncovered for observation Such uncovering and tesdng when required
by the Engineer shall be at the Contractor's expense,
I GC1-9?%doc Page 35
City of Aspen - General Conditions for Construction Contracts
13.3.5. N~ither ~bs¢rvati~ns by th~ Engin~er n~r insp~cti~ns~ tests ~r appr~va~s by ~th~rs shall r¢~iev~ the C~ntractor
from the Contractor's obligations to perform the Work in accordauc¢ with the Contract Documents.
13.4 Uncovering [York:
I3.4. I. If any Work is covered contrary to the written request of the Engineer it must,/frequested by the Engineer, be
uncovered for the Engineer's observation and replaced at the Contractor's expense.
13.4.2. If the Engineer considers it necessary or advisable that covered Work be observed by the Engineer or
respected or. tested by others, the Contractor. at the Engineer's request, shall uncover, expose or otherwise make
available for observation, mspecuon or testing as the Engineer may require, that portion of the Work in quest/un~
famishing ali necessary labor, material and equipment. If it is found that such Work is Defective. the Contractor shall
bear ali direct; ind/rect and consequential costs of such uncovering, exposure, observatior,, inspection and testing a~nd of
satisfactory reconstruction, (including but not 1/m/ted to fees and charges of engineers, architects, attorneys and other
professionals), and the City shall be entitled to an appropriate decrease in the Contract Price.
23.5 Ci(y May Stop The l~ork:
If the Work is defective, or the Contractor fa/is to supply sufficient skilled workers ar suitable materials or equipmem,
or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract
Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order
has been alim/natea: however, this right of the City m stop the Work shall not gave rise to any duty on the pan of the
City to exercise this rlghl for the benefit of the Contractor or any other parry.
13. 6 Correction or Removal of Defective gZork:
If required by the En~neer or the C/.ry, the Contractor shall promptly, as d/rooted, either correct all Defective Work,
whether or not fabricate/-, installed or completed, or, if the Work has been rejected by the Engineer or the City, remove
it from tl~e site and replace it with non-defective Work. The Contractor shall bear all direct, inddrect and consequential
costs of suck correct/on or removal (including but not I/m. ited to fees and charges of engineers, architect~, attorneys and
other professionals) made necessary thereby.
13.7 Correction Period:
If witlfin Two Years after the date of Substantial Completion or such longer period of time as may be presort'bed by
Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any
specific provxsion of the Contract Documents, any Work is found to be Defective. the Contractor shall promptly
without cost to Cit~ and ha accordance with City's written insuuctinns, either correct such Defective Work, or, if it has
been rejected by City, remove it from the site and replace it with non-defective Work. If the Contractor does not
promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss
or damage, the City may have the Defective Work corrected or the rejected Work removed and replaced, and ail direct,
indirect and consequential costs of such rc~moval and replacement (includhag but not lira/ted to fees and charges of
engineers, architects, auomeys and other professionals) will be paid by the Contractor. In special circumstances where
a particular item of eqmpmem or portion of Work is placed in continuous so,wine before Substantial Completion of all
the Work, the correction pehod for that item may start to mn from an earlier date ffso provided in the Specifications or
by Written Amendment. Landscaping replacement shall be wa~:anted for two growing season.
13.8 Acceptance of Defective gFork:
If, instead of requiring correction or removal and replacement of Defecti,,'e Work, the City prefers to accept it, the City
may do so. The Contractor shall bear all dkec~, indirect and consequential costs attributable to the City's evaluation of
and determination to accept such Defective Work. All accepted defective Work shall be subject to significant price
reduction acceptable to the City and the City Engineer.
I GC%971 ooc Page 36 I
City of Aspen - General Conomons for Construction 3ontracts
]3.9 City May Correct Defective Work:
If the Contractor fails within Ten (]0) consecutive calendar days after written notice of the Engineer or the City ro
proceed to correct and to correct Defective Work or to remove and replace rejected Work as required by the Eugineer
or the City in accordance with paragraph 13.6., or if the Contractor fails to perform the Work in accordance with the
Contract Documents, or if the Contractor fails to comply with any other provision of the Con~cact Documents, the City
may, after seven days' written notice to the Contractor. correct and remedy any such d¢ficieucy. In exercising the rights
and remedies under .this paragraph the City shall proceed expeditiously to the extent necessary to complete corrective
and remediaI action. The City may exclude the Contractor from all or par~ of the site, take possession of all or part of
the Work, and suspend the Contractm"s services related thereto, take possessinn of the Contractor's tools, appliances,
construction equipment and mach~ery at the site and incmporate in the Work ali materials and eqmpment stored at the
site or for which the City has paid the Contractor but wlhch are stored elsewhere. The Contractor shall allow the City,
the City's representatives, agenm and employees such access to the site as may be necessary to enable the City to
exercise the rights and remedies under this paragraph. AJ~ d~rect, indirect and consequential costs of the City m
exercisin~ such rights and remedies will be charged against the Contractor. and a Change Order will be issued by the
City incorporau~g the necessary revisions in the Cuntract Price. Such direct, indirect and consequential costs will
include but not be lin'fired to fees and charges of engineers, arch~.tects, attorneys and other professionals, ail court costs
and all costs of repair and replacement of work of others destroyed or damaged by con'ection, removal or replacanuant
of the Contractor's Defective Work. The Contractor shall not be allowed an extension of the Con~zact T~e because of
any delay in peffom~ance of the Work attributable to the exercise by the City of the City's rights and remedies
hereund~.
13, I0 Unauthorized Work:
Work performed beyond the lines and grades on the Drawings or approved Design Docm~aents, Construction
Documents or Shop Drawings and extra work done without writteu authorizafiot~ will be considered as unauthorized
work, and the Cuntsactor will receive no compensation therefore. If required by the C~ty, unauthorized work will be
remedied, removed, or replaced by the Contractor at the Contractor's expense.
ARTICLE 14 - PAYh~iNTS TO CONTRACTOR AND CO1VIPLETION
t4.1 Detern*ination of Work Value:
The Work quantifies recorded on the City of Aspen Engineering Department's Dally Construction Log forms shall
serve as the basis for preparation and justfficafiun of the progress payments. Payments m the Contractor shall be
prepared on the City of Asperi Engineering Department's Progress Pay Estimate Form on account of Unit Price Work
based on the number ofunirs actually ~stalled complete m place and transferred from the Daily Constmctian Logs.
14.2 Application for Progress Payment:
14.2. I /h'ogress payments shall be made once eacl~ month as the Work progresses, when the Contractor is pe~ormJng
satisfactorily under the terms of the Contract Documents. Said payments shall be based upon progress estimates
prepared by the Engineer. of the value of work performed and materials placed in accordance with the Contract
Documents and the value of mater/als on hand in accordance with these General Conditions. /he amounx of the
progress estimate to be paid to the Contractor shall be subject to the following:
14.2.1.1 STANDARD R.ETAINMENT: The City shall make a deduction from the progress estimate in the
amount considered necessary ro protect the interests of the City, pursuant to Section 24-91-I 03, CRS. That amount to
be retained shall be 10% of the value of the completed work. This amount may be reduced to 5% if at least 50% of the
total prq~ecrs work is satisfactorily completed and accepted by the amount shall be 5% of the value of the completed
work No further reramment shall be withheld if the Contractor makes satisfactory progress in the Contract Work. The
final rstairanem anaoum retained may be further reduced to 3% at project closing phase and shall be in effect until such
GC'T-971 doc Page $- ~
3ity of Aspen - Genera] Conditions for Construc-~lon Contracts
time as f'mal payment is made. Under no ch'cumstances the required retainage shall drop below the claims amount of
the cia/ms placed against the contractor, pursuant to Section 38-26-I07. C-'RS
14.2.2 NO PAYMENT. A progress paymem shall not be made when the total value of the work
done since the last estimate amounts is less than $2000.00.
I4.2.3. LLrlVfP SUM ITEMS. Ali lump sum Bid items shall be paid on a pro-rata basis :letem~ined by the percemage
of the rorat Work completed or if the Bid item is/nsralled or completed One Arundred Percent rlO0%) in place and
accepted by the Engmeer.
14.2.4. SUBCONTRACTOR PAYIVIENTS. I~ addition to the other requrrements regarding subcontracting the
Work, the Conu:actor is responsible for prompt payments to ail Subcontractors. As a rain/mum, the Contractor ~a
responsible for prompt payments to all Subcontractors. As a minimurr~ the Contractor shall incorporate prov~stons in all
subcontracts to satisfy the fulloWmg requiremems:
14.2.4.1. The Contractor shall make payments to ail Subcontractors ar least once each month as the Work
progresses, when the Subconrracror is p~fom-fing satisfactorily under the remus of the Contract Documents
between the Contractor and Subcontractor;
14.2.4.2. Payments m Subcontractors shall be based on all moneys due the Subcontractor under the terms of
the coun-act between the Coutractor and Subcontractor;
The Contractor shall make payments to Subcontractors with/m 10 days ofrecetpt oftha City's payment to the
Coutractor:
Subcontractors and lower tier subcontractors shall make payments m their subcontractors, according m the
requirements above and shall make payments within I 0 days of receipt of payment fr6m the next h/gher tier.
24.3 Contractor's I¢/art'anO~ ofTitle:
The Contractor warrants and guarantees that t~tle to ali Work, materials and equipment covered by any progress pay'
estimate approved for Paymem, whether incorporated in the Project or not, will pass to the City no later than the time of
payment free and clear of ali Liens.
24.4~ ffngineer's Re~,iew of Progress Payments.
I4.4.1 The Engineer's recommendation of any payment requested in an Application for Payment will constitute a
representation by the Er~gineer to the City, based on the Engineer's on-site observations of the Work in pro~ess and on
the Engineer's review of the pay est/n~ate form and the accompanying data and schedules that the Work has progressed
to the point indicated: that to the best of the Engineer's k~oMedge, i~zformation and belief, the quality of the Work is in
accordance with the Contract Documents (subject to an evaluation of the Work as a functio~hng whole prior to or upon
Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a £mal
det~zminafien of quantifies and classifications for U~ilt Price Work in the Bid Proposal form. and to any other
qualificafiuns stated in the recommendation); and that the Contractor is entitled to paymem of the amount
reconm~ended. Howev~. by recommending any such payment the Engineer will not thereby be decm~ed to have
represented that exhaustive or conmiuous on-alto/nspections have been made to check the quality or the quantity of the
Work beyond the responsibilities specifically assigned to the Engineer in the Cunrract Documents or that there may nor
be other matters or issues between the parties that might entitle the Contractor to be paid additionally by the City or the
City m withhold payment to Contractor.
14.4.2. The Engineer may refuse to recommend the whole or any part of any payment if. in the Engineer's opinion, it
would be incorrect to make such represenranons to the City. The Engineer may also refuse to recommend any such
payment, or, because of subsequently discovered evidence or the results of subsequent/nspections or tests, nullify any
GC1-971.do6 Page 38 j
City of Aspen - Genera Conditions. for ~,onstruction Contracts
such paymem previously recommended, to such extent as may be necessary in the Engineer's opinion to protect thc
City from loss because:
14,4.2.1. The Work is Defective, or completed Work has been damaged requiring correction or replacement;
14.4.2.2. The Contract Price has been reduced by Written Amendment or Change Order,
14.4.2.3. The City has been requ/red to correct Defective Work or complete Work in accordance with paragraph 13.9.; or,
14.4.2.4. Of the Engtheer's actual kunwledge of the occurrence ofeny of the evens enumerated in Article 15.
The City may refuse to make payment of the full amount recommended by the Engineer because cia/ms have been
made against the City on account of the Contractor's performance or fumish/ng of the Work or Liens have been filed in
counection with the Work or there are other items entitling the City to a set~offaga/nst thc amount recommended, but
the City must give the Contractor immediate written notice (with a copy to the Engineer) stating the reasons for such
action.
14.5 .Substantial Completion:
14.5. I. The date accepted by the City when the construction of ali Work items in thc project or a specifted part.thereof
is One hundred percent (700%) completed, in accordance with the Contract Documentq, so that the project or specified
part can be utilized for the purpose for which it is intended shall establish substantial completion for thc project or for a
specified part.
14.5.2. When the Contractor considers the entire Work ready for its intended nsc, the Conlractor shah coordinate with
the City an inspection of the Work and conduct such tests as req~fu:ed to ensure the Work meets or exceeds all
Performance Standards to help determine the status of completion. If the City does not consider the Work satisfactorily
complete, the Enghieer shall notify the Contractor in writing giving the reasons therefore, l'here shall be a Punch List
of the items to be completed before final inspection and final paymem At the time of delivery of the completed punch
list items, the City must conduct a fmaI inspection and upon acceptance by the City, the Contractor shall deliver a fully
executed Claim Release form to facilitate the project closure.
24. 6 Partial Utilization:
Use by th.e City of any finished part of the Work, w~ch has specifically been identified in the Contract Documents, or
which the City, the Enghieer and the Contractor agree constitutes a separately functioning and nseable part of the Work
that can be nsed by the City without significant interference with the Contractor's performance of the remainder of the
Work, may be accomplished prior to Final Completion of all the Work subject to the following:
14.6.1. The City at any d_me may request the Contractor ~ writing to permit the City to use any such part of the Work
which the City believes to be ready for its intended use and substantially complete. If the Contractor agrees, the
Contractor w/i/cerdfy to the City and the City Engineer that said part of the Work is substantially complete'
[ GC'T-971.doc Page 39
City of Aspen - Geners Conditione for Construction Contracts
14. 7 Finallnspections:
Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete, the City will
make a £mal inspection with the Eng/neer and the Contractor and will notify the Contractor in writing of all particulars
in wkich this inspection reveals that the Work is incomplete or Defective. The Contractor shall immediately take such
measures as are necessary ro remove and eliminate all such de~aienc~es. All deficiencies or incomplete Work items
shall be recorded by the City Project Inspector on a Punch List Sheet(s) and distributed to the Co~Iractor and the
Engineer immediately.
14.8 Final Progress Payment:
14.8.1. After the Contractor has completed all such corrections to the ~atisfaction of the City and del/verst ail
maintenance and operating ins~-acfions, schedules, guarantees, as-built documentation (as provided in paragraph 6.I2)
and other documents - all as reqinred by the Contract Documents, and after the City has indicated that (ne Work is
acceptable, the Contractor shall deliver to the Engineer a fully executed and notarized Clakn Release Form and the City
Engineering Department will advertise for proj6ct clodure and release of the final retainraem. The final pay estimate
will consist of retaimment amount only. Final payment will be released following a thirty (30) day waiting period from
the date of the second publication of the advertisement for £mal setdemem and closure if no verified claim has been
filed with the City.
14.9 Settlement Date, Notice to Subcontractors, Acceptance and Final Payment:
If, on the basis of the Engineer's observation of the Work during cons~amction and fmaI inspection, and the Engineer's
review of the final progress Payment and accompanying documantation - all as required by the Contract Documents,
the Engineer represents to the City that the Work has bean completed and the City is satisfied that the Work has been
completed and the Contractor's other obligations under the Contract Documents have been fulfdled, the City shall cause
to be published on two (2 consecutive weeks in the weeldy editions of the Aspen Times, a public notice setting a fmaI
settlement date; which said settlement date shall be at least ten (i0) days after the second publication. Said notice shall
advise ail persons, co-partnerships, associations of persons, companies, or corporations that have furnished labor,
provisions, materials, team hire, sustenance, or other supplies used or consumed by Contractor or his subcontractor(s),
that they may file a claim with the City, at any time up to and including Lc time of fmai aettlement. Upon filing of any
such claim, the City shah witlthold from retainment withheld in accordance with the Contract Document~, to insure
the payment of said claims until the same have been paid or such claims as filed have been withdrawn, such paymem or
withdrawal to be evidenced by filing with City a receipt in full or an order for withdrawal in writing and signed by the
person filing such claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than Nineri
Days following the date fLxed for fmai settlement as published unless an action is commenced witkin that time to
enforce such unpaid claim and a notice of Lis Pendens is filed with the City. At the expiration of such mety day
period, the City shall pay to Contractor such moneys and funds as are not subject of suit and'Lis Pendens notices and
shall retain thercafter~ subject to the final outcome thereof, only such balance of funds to insure the payment of
judgments which may result from such suit.
I4.8.2. If, the remaining balance to be held by the City for Work not full~- completed or corrected is less than the
retainage set forth at paragraph 14.2., and if Bonds have been furnished as required in Article 5, the written consent of
the surety to the payment of the balance due for that pomon of the Work fully completed and accepted shall be
submitted by the Contractor to the Engineer Such payment shall be made under the terms and conditions governing
final paymenu except that it shall not constitute a waiver of claims.
14.10 Contractor's Continuing Obligation:
The Con~'actor's obligation to perform and complete the Work in accordance with the Contract Documents shall be
absolute. Neither recommendation of any progress or final payment by the Engineer, nor the issuance of a certificate of
Substantial Completion, nor any payment by the City to the ConU'actor under the Contract Documents. nor any act of
acceptance by the City nor any failure to do so, nor any review and approval ora Shop Drawing or sample submissior.,
nor the issuance of a notice of acceptability by the Engineer pursuant to paragraph 14.9, nor any correction of Defective
GcI-g?I.doc - ~age 40
city of Aspen - General Conditions for Construction Contracts
Work by the City will constitute an acceptance of Work not in accordance with the Contract Documents or a release of
the Contractor's obligation to perform the Work in accordance with the Contract Documents.
J4. JJ Liqu£datedDamages:
t4.11.1. TIME FOR COMPLETION: It is hereby understood and mutually agreed, by and between the'Contractor and
the City, thai the date of beghnmug Work and the time of complefien as specified herein are essential conditions of the
Agreement. The Cunu'acror agrees that said Work shall be prosecuted regularly, diligently, and at such rate of progress
as will ensure completion withth the time(s/ specified. It is expressly understood and agreed, by and between the
Contractor and the City, that the time(s) for completion of the Work described herein are reasonable time(s) for the
completion of the Work, taking into consideration the average climahc conditions prevailing in the locality of the
Work.
I4.II.2. TIME IS OF ~ ESSENCE TO THE AGREEMENT: It is further agreed that time is of the essence in
completing the Work, and that the Project Work Schedule referenced at paragraph 6.9. and the Submittal Schedule
referenced at paragraph 6.3. and all dates set forth therein and where in the Contract Documents, an additional time is
allowed for the completion of the Work, the new time i/mit f'nxed by such extension shall be of the essence of the
Contract.
14.11.3. LIQUIDATED DAMAGES: Substantial Completion of the Construction Phase are of paran~oun~ in~porrance
to the City. If any portion of the Work is not completed in accordance with any time extensions granted by the City: the
City will suffer damage, the ex,em of which will be impractical and ex~remely difficuh to estimate accurately.
Therefore, as part of the consideration for executing the Contract, it is hereby agreed that the Contractor shall pay to the
City the amounts specified in the Licluidated Dama,~es Form included in the Contract Documents. This particular
provision slull not be constraed as a penalty upon said Contractor for failing fully to complete said Work as agreed in
the Proposal and Contract Documents nor is it intended, but as Liquidated Damagas to compensate the City for all costs
incurred as a result of such breach of Contract.
i4.11.4. DELAYS IN WORK COMPLETION OF CONSTRUCTION PHASE: Subject to the temas of "Excusable
Delays". as contained in Section 14. I 1.6. of the General Conditions. the Contractor expressly agrees to pay the City as a
reasonable esrm*a;e of just compensation fur damages conremplatog with the clause, the amount set forth in the
Liquidated Dan~ages Fo~rn for each consecutive calendar day that Substantial Completion is delayed in the
Construction of the project. In no event shall the total amount of liquidated damages exceed TwentF Percent (20%) of
the total Cent:act Price for the Construction.
[4.I1.5. DELAYS IN SUBMITI'AL OF AS-BUILT DOCUMENTATION: Should the Contractor fail ro make
deilverj of the as-built documentation covered in the Contract Documents prior to release of the final payment, it shall
pay liquidated damages m the City the amounts equal to preparation cost of the As-Built drawings by the City and its
Engineers and Surveyors.
14.11.6. EXCUSABLE DELAYS - FORCE MAJEURE: If, by reason of Force Majeure, any party hereto shall be
rendered unable wholly or in part m carry out its obligations under this Agreement then such party shall give notice and
full particulars of such Force Majeure in writing ;o the other proxy within a reasonable time after occurrence of the
event or cause relied upon, mad the obligation of the party giving such notige, so far as it is affected by such Force
Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such
parry shall remove or overcome such inability with all reasonable dispatch. The term Force Majeure as enxployed
herein, shall mean acts of God, sir[kcs, lockouts, or other industrial distorbances, ac~s of public enemy, orders of any
kind of the Government of the United States or the State of Colorado or any political subdivision, excepr the City, or
any civil or military authority, insurrection, r/ots, epidemics, landslides, lightding, earthquakes, fires, hurricanes, storms,
floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or
accidents to mach/nery, p~pelines, or canals, or other causes not reasonably with/rt the control of the party claiming such
inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely witldu the discretion of
the parry having the difficulty, and that the above requiremem that any Force Majeure shall be remedied with all
GC1-971.doc Page 4:1
City of Aspen - Genera .~onditions for Construction Contracts
reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing
parry or parties when such settlgment is unfavomble to it in the judgment of the party having the d~fficulty.
I4.11.7. CLrMULATIVE REMEDY: The liquidated damages referred to herein are intended to be and are cumulative
and shall be in addition to every other remedy now or hereafter enforceable at law. in equity, by statute, or under
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.1 Cio* May Suspend FFork:
The City may, at any time and without cause, suspend the Work or any poruon thereof for a period of not more than
ninety days by nonce in va'iting to the Contractor and will fix the date on which work will be resumed. The Contractor
shall resume the Work on the date so fixed. The Contractor shall be allowed an increase in the Centract Price or an
extension of the Conu-act Time, or both if the Consecutive Calendar Days are used m complete the Work, dkecfly
attributable to any suspension if the Con~:actor makes an approved claim therefore as provided in Article 11. Other
Work suspensiom such as delayed start or phased constraction shall not entitle the Contractor to any compensation of
payment or time.
15.2 City May Terminate:
Upon the occurrence of any one or more nfthe following events:
15.2.1. If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title II,
Un/ted States Code), as now or hereafter in effect, er if Contractor takes any equivalent or sin'filar action by
filing a petition or otherwise under any other federal or state law in effect at such time rela6ng m the
bankmprcy or insolvency;
15.2.2. If a petition is filed against Contractor under any:chapter of the B.an!,a'uptcy Code as now ar hereafter
in effect at the t/me of filing, or if a petition is filed seeldng any such equivalent or s/milar relief against
Contractor under any other federal or state law in effect at the time relating to bankmpmy or insolvency;
15.2.3. If the Centractar makas a general assi~munent for the benefit of creditom;
15.2.4. If a rrusme, receiver, custodian or agent of ConUmctor is appointed under applicable law or under
contract, whose appomu'nenr or authority to take charge of property of Contractor is for the purpose of
enforcing a Lien against such property or for the purpose of general administration of such property for the
benefit of Contractor's creditors;
I5.2,5. If the Contractor admits in writing an inability re pay its debts generally as they become due;
t 5.2,6. If the Contractor persistently fails to perform the Work in accordance with the Contract Documents
(including hut not limited to, failure to supply sufficient s!dlled workers or suitable materials or equipment or
failure to adhere to the pmgreas schedule established under paragraph 2.9 as revised from time to t/me);
15.2.7. If the Contractor disregards Laws or R. egulations of any public body having jurisdiction;
15.2.8. If the Contractor disregards the authority of Amhitect; or,
15.2.9. If the Contractor otherwise violates in any substantial way any provisions of the Contract
Documents:
I GC1-971.doc Page 42
City of Aspen - Genera Conditions for Construction Con[facts I
The City may, after giving the Contractor (and the surety, if there be one~ seven days written notice and to the extem
permitted by Laws and Regulations. te~zninate the services of Contractor_ exclude the Contractor from the site and take
possession of the Work and of ali rite Contractor's tools, appliances, consm~ction equipment and machinery at the site
and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass
or conversion), incorporate in the Work ali materials and eqmpmant stored at the site or for which the City has paid the
Contractor but wifich are stored elsewhere, and finish the Work as the City' may deem expedient. In such case the
Contractor shall not be entitled to receive any further payment until the Work is fn'fished, If the unpaid balance of the
Contract Price exceeds the direct, indirect and consequemial costs of completing the Work (including but not iin'~ted to
fees and charges of engineers, architects, auomeys and other professionals and cour~ and arbitration costs) such excess
will be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the
City. Such costs incurred by the City wilt be approved as to reasonableness by the Engineer and incorporated in a
Change Order. but when exercising any rights or remedies under this paragraph the City shall not be requ~ed to obtain
the lowest price for the Work performed,
I5,2,10. Where the Contractor's services have been so tenuinated by the City, the termination will not affect any rights
or remedies of the Ci5~ against the Contractor then existing or which may thereafter accrue, kny retention or payment
of moneys due the Contractor by the City will not release the Contractor fi:om liability.
I5.2.11. Upon seven days' written notice to the Contractor, the City may, without cause and without prejudice to any
other right or remedy, elect to abandon the Work and terminate flue Contract. In such case, the Contractor shall be paid
for att Work executed and any expense sustained plus reasonable temfauation expenses,
15.3 Contractor May Stol5 Work or Terminate:
If, through no act or fault of the Con~zactor, the Work is suspended for a period of more than ninety days by the City or
under an 'order of cour~ or other public authority, then the Contractor may, upon seven days written notice to the City
and the Engineer, terminate the Contract and recover from the City payment for ali Work executed and installed in
place and any expense sustained plus reasonable termination expenses. The provisions of this paragraph shall not
relieve the Couu~actor of the obligations under ArScIe 6 to carcy on the Work in accordance with the progress schedule
and without delay during disputes and disagreements with the City,
ARTICLE 16 - 1VI/SCELLA/~EOUS
16.1 Nondiscrimination
During the performance of this Contract, the Contractor agrees as follows:
16.I.1, The Contractor will not discriminate against any employee or applicant for employment because of
race. color, religion, sex. national origix% age, marital stares, sexual orientation, being handicapped, a disadvantaged
person, or a disabled or vier Nam era vetch'an. The Contractor will take affu-mative action to insure that applicants are
employed, and that employees are treated during employment without regard to their race. color, reLl~on, sex. national
orig., sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Vier Nam era veteran. Such
action shall include, but not be lin~ited to, the following: employment, upgrading, demotion or transfer; reeruitu~ent or
rec~'aimaent advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeskip. The Con.actor agrees to pns~ m conspicuous places, available m employees and applicants
for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
16.1.2. The Contractor, with regard to the Work performed by it during the Contract, alta1] not discriminate
on the ~ounds of race, color, relig~on, sex, national origin, sexual orientation, age, marital status, being handicapped, a
disadvantaged person, or a disabled or Viol Nam era veteran in the selection and retention ~f Subcontractors, including
procurements of materials and leases of equipment
16.1.3. The contractor will, in alt solicitatiuns or advertisements for employees placed by or on behalf of the
contractor, state that all qualified apphcants will receive consideration for employment without regard to race, color,
3CI-971 .doc
City of,Aspen - General Conditions for Construction Contracts
religion, sex, national ongm, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a
disabled or Vict Nam era veteran.
16.I.4. In all solicitations either by competitive bidding.or negotiation made by the Contractor for work to be
performed undc~ a subcontract including procurements of n:mterials or leases of equipmc'm, each potential
Subcontractor or Supplier shall be notified by the Contractor of the subcontractor's obligations under tiffs Contract and
the regulations relative to nondiscr/minafien on the grounds of race. color, religion, sex, national origin, sexual
orientanon, age, mar/tal status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veterar~
16.1.5. Tlie Contractor w/Il send m each labor umon or representative of workers, with which it has a
collective bargaining agremnenr or other contract or understanding, a notice to be provided advising_ the said labor
union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employmem.
l 6.2 Giving Notice:
Whenever any provismn of the Contract Documents requires the giving of written notice, it will be deemed to have
been validly given if dalivered in person to the individual or to a member of the finn or to an officer of the corporation
for whom it is intended, or if delivered at or sent by registex:ed or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
26.3 Computation of Time:
16.3. I. When any period of time is referred to in rite Contract Documents by days, it wiI1 lie computed to exclude the
first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the spplicable jurisdiction, such day will be omitted from the computation.
16.3.2. A consecutive calendar day of twenty-four hours measured from midnight to the next m/ddight shal/constitute
a day. A working day is any day; Monday through Friday of each weelc also called business day.
16.4 General:
Should the City or the Contractor suffer injury or damage to person or properly bac~use of any error, ormssion or act of
the other parry or of any of the other party's employees or agen~ or others for whose acts the other parry is legally
liable, claim will be made in writing to the other parry withth a reasonable time of the first observance of such injury or
damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any
applicable statute of iirrfitations or repose.
16.4.1. The duties and obligations imposed by these General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but without lim/tation, the warranties, guarantees and obligations
nnposed upon the Contractor by the General Conditions, and all of the rights and remedies available to the City
thereunder, are in addition to, and are not to be construed m any way as a limitation of, any rights and remedies
~_vailable to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or
guarantee or by other provismns of the Contract Documents, and the proms~ons of ti'tis paragraph will be as effective as
if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy
to which they apply..Alt representations_ warranties and guarantees made in the Contract Documents will survive final
payment and temuinafion or completiun of the Agreement.
16.5 Independent Contractor Status:
It is expressly acknowledged and understood by the parties that nothing in this agreement shall result in, or be consa'ued
as establishing an employmen; relationship. The Con,actor shall be, and shalI pc-from as. an independent the
Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant
of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested
only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under
the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited
I GC1-971.doc Page
City cf Acpen - Generat Conditions for Conctruction Contracts
to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents
or servants o£the Conwacror. T~e Contractor shall be solely and entirely responsible for its acts and for the acts of the
Contractor's agents, entployees, servants and subcontractors dmSng the performance of the Comract.
THE CONTRACTOR. AS ~ ~DEPEI',~I)ENT CONTRACTOR. SI'IALL NOT BE ENTITLED TO
WORI,~RS' COMPENSATION BENES'ITS AND Slq[ALL BE OBLIGATED TO PAY FEDERAL AND
STATE INCOME TAX ON ANY MONEYS'EAR~E_ D i~I..rRS~JANT TO THE CONTRACT.
16.6 J~rohibited lnterest:
No rnember, officer, or employee of the City of Aspen, ?itkin County or the Town of Snowmass Village shall have any
interest, direct or indirect~ in this Agreement or the proceeds thereof.
16. 7 Pr'arranties Against Coutingent Fees, Gratuities, Kickbac '~s and Conflict of Interest:
The Corm'actor war:rants that no person or selling agency has been employed or rcr. amed to solicit or secure th/s
Agreement upon an agreement or understanding for a comm/ssmn percentage, brokerage, or contingency fee.
excepting bona fide employees or bona fide estabhshed commercial or selling agencies maintained by the Contractor
for the propose of securing bus/ness.
I6.7.1. The Contractor agrees not m give any employee or former employee of the City a gratuity or any offer of
employment m connection w/th any decisinrc approval, disapproval, reconwaendafion, preparation of any pan of a
program requh'ement or a purchase request, influencing the comen~ of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capamry in any proceeding or application, request
for ruling, deterncnation, cla/m or controversy, or other particular matser, perta/mng to rkis Contract or to any
solicitation or proposal therefore.
16.7.2. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by
or on behalf of a Subcontractor under a contract to the prime Contractor or bngher tier Subcontractor or any person
associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is probn'bited from
inducing, by any means, any person employed under this Contract to grve up any part of the compensation to which
he/she is otherw/se entitled. The Contractor shall comply with ali applicable loci, st:ate and federal "anfi-!dckbaak"
statutes or regulations.
16.8 Payments ~ubject to ,4nnualAppropriations:
If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City
beyond any amounts that may be, from me to time, appropriated by the City on an annual basis. It is understood that
payment under any contract is conditional upon annual appropriation of funds by said governing body and that before
providing serdces, the Contractor, ilk so requests, will be advised as to the status of funds appropriated for services or
materials and shall not be obligated to provide ser,/ices or materials for wh/ch funds have not been appropriated.
16.9 Contractor Acceptance:
16.9.I. The acceptance by the Contractor of any payment made on the fmaI completion of Work under these General
Conditions, or of any fmaI payment due on term/natioL shalI constitute a full artd complete release of the City from any
and ali claims, demands and causes of action whatsoever which the Contractor, has or ri:my have against the City under
the pmvismns of these Contract Documents.
16.9.2. No action shall be maintained by ConUactor, its successors or assigns, against the City or the Engineer on any
claims based upon or arising out of this Contract or out of anything done in connection with this Contract unless such
action shall be comu~enced within 180 days after the date approval of the final progress payment hereunder, or w/thin
180 days of the termination offlt/s Agreement.
I GC1-97'~.doc Page
City of Aspen - Genera 3onditions for Construction Contracts
16.]0 Successors andAssigas
TNis Contract and ail of the covertures hereof shall inure to the benefit of and be bidding upon the City and the
Contractor respectively and theft agents, representatives, employees, successors, assigns and legal .representatives.
Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations
hereunder without the written consent of the other parry.
16. ll Third Parties
This Contract does not and shall not be deemed or construed to coffer upon or grant to any third party or pardes, except
to pardes m whom the Contractor of the City may assign this Agreement in accordance with the specific written
consent, any rights to 'claira dansages or to bring suit action or other proceeding against either the City or the Contractor
because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained.
26.12 ~fTah,er
Nc wmver of default by either parry 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 nfany of the terms, eovenams or
conditions herein conta/ned, to be performed, kept and observed by the other party.
26. I3 ContractMadein Colorado
The Parties agree that this Contract was made in accordance with the laws of the State of Colomdo and shall be so
construed. Venue is agreed to be-exclusively in the courts of Pitkin County, Colorado.
16.14 Attorney's Fees
in the event that legal action is necessary to e~orce any of the provisions of this Contract the prevailing party shall be
entitled to its costs and reasonable attorney's fees
16.15 gTaiverofPresumption
Tl'fis Contract was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no
cun~tmct/on shaI/he made or presumption shalI arise for or against either parry based on any alleged unequal status of
the parties in the negotiation~ review or drafting of this Contract.
16.16 Severabili~y Clause:
If any 15rovision of tlre Contract is subsequently declared by legislative or judicial authority ro be unlawful.
unenforceable, or nor in accordance with applicable laws, statutes, and regulations of the Un/ted States of America or
the State of Colorada. all other provismns of the Contract shall remain in full force and effect.
16.17 Audit and Records
The Contractor shall maintain all data and records pertinent to the Work performed under ti'ds Contract, in accordance
with generally accepted accounting prmctples, and shall preserve and make' available ali data and records until the
expiration of three (3) years from the date of EmaI payment under this Conlract, or for such longer period, if any, as is
required by applicable statute or by other articles of the Contract Documents. The authorized representatives of the U.S.
Department of Transportation. Comptroller General of the Un/ted States, the State of Colorado and the City shaI1 have
access to all such data and records for such me period to inspect, audit and make cop~es thereof during aortas]
business hours. Tlxe Conu'acror covenants and agrees that it shall require thai any Subcontractor ufil/zed in the
performance of this Agreement shall permil the author/zed representatives of the Un/ted States Deparrmem of
GC1-971.doc Page
City of Asoen - General Conditions for Construction Contracts j
Transportation, the State of Colorado, and the City, ro simJlarty inspect and audit al] data and records of said
Subcontractors relating to the perforraance ~f said Subcontractors under this Agreement for the same t[me period,
J6.18 Audit
t6.18.1. COST OR PRICING DATA: If the Contractor has subm/tted cost or pricing data m connection with the
pricing of any modification to the Contract unless the pricing was based on ~dequate price competition, established
catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or
'regulation. the Engineer or a representative of the City shall have the right ro examine and audit all books, records,
documents, and other data of the Contractor (including computations and projections related to negotiating, pricing or
perfonuthg the modJ. ficafinn, in order to evaluate the accuracy, completenesg, and currency of the cost and pricing data.
In the case of pricing any modification, the authorized representatives of the U.S. Department of Transportation. and
the State of Colorado shall have the same fights.
16.18.2. AVAILABILITY: The Cena'actor shall make available at its offices at all reasonable times the materials
described in the Contract Documents, for examination, audit or reproduction, until three (3) years after final payment
under the Contract, or for any period, if any, as is required by applicable statate or by other articles of th/s ContracT.
16.18.3. If th/s Contract is completely or partially terminated, the records relating to the Work
temtinated shall be made available for three years after any resulting final termination payment.
16.18.4. Records pertaimng to appeals under the disputes clause or to litigation or the settlement
of claims arising under or relating to the performance ofth/s Contract shall be made available
unil/disposition of such appeals,.litiganon, or claims.
Rev. 1/19/01 (Secs. 14.2.I.1 & 13.1.1)
gcl-97t
GC1~971 doc Fage ,~ - ~
SPECIAL CONDITIOINS
YEAR 2002 PEDESTRIAN
SAFETY IMPROVEMENTS
UTILITY CONSTRUCTION
PROJECT
(Project Number 2002-015)
PART ONE
GENERAL & ADMINISTRATIVE TERMS:
1.0100 GENERAL
1.0101 Clarification of Terms: The Special Conditions are intended to specify and provide
additional description, clarification, or conditions that are applicable to this Contract. These
Special Conditions amend or supplement the Standard General Conditions of the Construction
Contract and other provisions of the Contract Documents as indicated below.
1.0102 NOTICE OFAWARD: Notice of award is issued by the Engineering Department to
merely a Iow the contractor to complete the contract paper work and submit for approval by the
City Council of the City of Aspen. This notice does not establish any agreement regarding the
approval or grant of a construction contract.
1.0103 NOTICE TO PROCEED: Notice to proceed informs the contractor of a granted
construction contract and allows the contractor to perform under the granted contract following a
mandatory pre-construction conference, held by the Engineering Department. Contractor shall
pay close attention to this ac ministrative process and shall not confuse "notice of award" with
"notice to proceed".
1.0104 Sub-contractors and Suppliers: Contractor shall identify in his/her sealed bid the
Name and address of all Subcontractors, Suppliers, and other persons or organizations that will
furnish the principal items of materials, equipment or labor for this project.
1.0200 CONTRACT TIME
1.0201 A written "Notice of Award"will be issued by the City by 5:00 PM, 07/10/2002, if the
verified qualifying bid remains within the budgetary limits. The Contractor shall deliver to City
Engineer. three signed "Contract For Construction" and "Certificate of Incorporation" forms on or
before 4:00 .p.m., July 3, 2002. The Contractor shall also obtain three (31 sets of the blank
Contract Documents on the July 2, 2002, and execute all necessary pages of the contracts and
their required documents and submittals, and deliver them to the Engineering Department by
fO:O0 a.m., 07/08/2002, and shall start the work within five (5) consecutive calendar days of a
Mandatory Pre-Construction Conference ~,Notice to Proceed). The City of Aspen has set the
date for Pre-construction Conference on 07/¢0/2002, at 2:00 p.m., at the Sister Cities Room,
City Hall, 130 S. Galena Street, Aspen, Colorado.
1.0202 Following the Notice to Proceed, the Contractor shall execute the work with due
diligence and shall fully complete in every detail of the work to be done under this Contract
within Forty (40) Consecutive Calendar days form the date of pre-construction conference
otherwise, liquidated damages wilt be assessed against the contractor.
1.0203 Various components of this project are subject to a prioritized start as stipulated at the
Pre-construction conference.
1.0300 LIQUIDATED DAMAGES
Liquidated damages shall be set forth in the document labeled Liquidated Damages (LD1)
included in the Project Documents.
1.0400 EXPLORATION REPORTS & MATERIALS TESTING
The City will perform materials testing as directed by the Engineering Department. All soil
sampling & compaction, concrete fiat work, and hot mixed as phalt paving related compliance
testing and re-testin§ will be performed by a certified materials testing laboratory retained by the
Engineering Department. The cost of re-testing shall be paid by the Contractor, and no
additional compensation will be made by the City for these services. The frequency and
the type of tests shall be at sole direction of the Engineering Department.
1.0500 PROJECT MANAGER
1.0501 The Proiect Manager and the City's Representative for this project shall be the City
Engineer or a member of the City Engineering Department staff and shall be designated and
changed as necessary by the City Engineer.
1.0502 Unless provided in writing by the City Engineer, any on-site Inspector or
Representative of the City shall not have the authority to render any binding decision nor make
any binding judgements to the Contractor pertaining to any work, which may change the
Contract price or time of completion, or change the manner in which the work is being
performed.
1.0503 The Project Manager and the City's Representative for this project shall serve as a
means of communication between the City and the Contractor and shall monitor the work for the
City.
1.0504 All references in the Contract Documents to "Project Engineer" or "Project Manager"
and "City's Representative" shall refer to the person or persons named by the City Engineer.
1.0600 MANDATORY PRE-CONSTRUCTION CONFERENCE
& WEEKLY PROGRESS MEETINGS
1.0601 A pre-construction conference shall be held at a date set by the City and after the
Awa~'d of Contract by the City Council. The purpose of such meeting §hall be to perform the
following tasks:
· Set and update work schedule(s) as frequently as needed
· Coordinate project sec uences and production rates to ensure satisfactory performance and
compliance with contract terms and specifications.
· Determine procedures to.be used in the administration of the Contract and discuss any item
of concern to the work.
1.0602 The Contractor and Project Manager or authorized representative of each shall be
required to attend such meeting as a condition of the Contract. The time and the day for
Mandatory WeeklF Progress Meetings shall be scheduled at the preNconstruction conference.
1.0700 PROGRESS SCHEDULE & SEQUENCE OF
OPERATIONS
1.0701 When requested by the Engineering Department, the Contractor shall submit for
review of the PrOject Manager a Precedence Chart (CPM Procedure) showing the work and
estimated progress for the component divisions of the work. The contractor must deliver to
Engineering Department a balanced time allocation schedule, in the form of a Bar Chart for the
entire project prior to the pre-construction conference. For purposes of comparison, the
contractor shall submit with each progress pay estimate a form showing the actual rate of
progress to date for the component divisions and for the project as a whole. The actual rate of
progress shown on the form shall include work completed and shall not include stored materials.
1.0702 Prior to the pre-Construction conference, the Contractor must submit a "Traffic Control
and Management Plan" for each segment of the prooect and a narrative of the planned
sequence of construction indicating the approximate date and duration of any :~OW restrictions
or closures, utility interruptions, Etc., as applicable to this project.
1.0703 In the event that the rate of actual progress of the work falls behind the estimated
progress indicated on the approved precedence chart and when no time extension is approved
by the City Engineer, the contractor shall accelerate the work by placing additional forces and
equipment on the project so that the project will be completed within the contract time. The
Contractor shall be ca pable and make available more than one work crew at any g~ven time
during the project time to perform the work on time.
1.0704 The Contractor shall provide a list of emergency (24 hour) contact name(s),
addresses, and phone numbers to project manager 24 hours prior to the pre-construction
conference. Emergency phone calls must be responded to in 15 minutes or less and action
must be taken on the emergency condition immediately. Such emergency calls shall be project
related corrective and restorative work and shall be considered subsidiary to the Construction
bid items and at the contractor's cost. The owner may initiate such corrective work at
contractors cost if the contractor fails to perform the required task within one hour of an
emergency call.
1.0705 The contractor shall be responsible for keeping traffic flows on City streets at all times
during and after their daily work activities, in addition, intermittent iterations to traffic flow must
be kept to a Mimmum.
1.0800 SURVEY CONTROL
The contractor shall establish construction staking and baseline (control line) necessary to
complete the work from the project benchmark and/or the City monuments, The contractor shall
be res :)onsible for protecting and/or re-establishing benchmark control if necessary during the
construction of bid items and at the contractor's cost. No additions or other expenses are
permitted.
1.0900 PROTECTION OF PUBLIC FACILITIES , UTILITIES
AND OTHER ADJOINING PROPERTY
1.0901 GENERAL: The contractor shall take all reasonable precautions for the safety of
public, and shall provide adequate protection to prevent damage, injury, or loss to the public
nfrastructure and other property at the site or adjacent thereto. The contractor shall be
responsible and liable for any and all claims for such damage on account of his failure to fully
provide such protection. The contractor shall notify all public utility companies at least forty-
eight (48) hours pnor 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 be interrupted, the contractor shall coordinate ~vith the respective utility provider at
least forty-eight (48) hours prior to interruption. Notice of construction activities shall consist of
publication in a local newspaper and/or announcement on local radio stations as determined by
the Project Manager.
1.0902 DAMAGE TO CONSTRUCTION: The contractor shall safeguard the job site, until all
work embraced by the contract is formally accepted. Any damaged portion of constructed
improvements must be reconstructed at contractor's expense in a manner acceptable to the
Engineering Department. No repair or mitigating option for damaged work will be accepted by
the city.
1.0903 JOB SITE RESTR CTIONS: All materials to be removed from the project site or
demolished on site. shall be disposed by the contractor off the project site, at a secured disposal
site by the contractor unless requested otherwise in these documents. The City's property is not
available for contractor staging or storage of construction materials. Storage of materials in
public ROW other than for one-day construction needs is a violation of the local law and is not
permitted.
1.1000 WORKING HOURS
Work will be permitted between 7:00 a.m. and 7:00 p.m., Monday through Saturday. No work is
permitted on Sundays.
1.1100 DISPOSAL OF MATERIALS
1.1101 HAZARDOUS MATERIALS: These type are not expected to be encountered within
the project limits.
1.1102 SALVAGEABLE MATERIALS: Stone masonry, concrete, timber and other reusable
items removed from the site shall become the property of the contractor, unless otherwise noted
in the project documents and delivered to a pre-specified site by the City.
1.1200 PAYMENT RETAINAGE
Retainage on Pay Estimates shall be 10% through the substantial (100% complete in-place)
completion of work. This amount maybe adjusted to 5% plus a minimum of $3.000 for
production of "Post Construction As-Built Drawings"during the project closure period at
Contractor's cost and by a Colorado PLS retained by the Contractor.
1.1300 WAIVER
It is expressly understood and agreed that any waiver granted by the City Engineer of any term,
provision or covenant of this contract shall not con stitute a precedent nor breach of same' or any
other terms, provisions or covenants of this contract. Neither the acceptance of the work by the
owner nor the payment of all or part of the sum due the contractor hereunder, shall constitute a
waiver by the owner of any claim which the owner may have against the Contractor or otherwise.
1.1400 CONTRACT CLOSE-OUT
Upon completion of all punch list items from the final ins pection by the Engineering Department
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 Calender Dajf waiting period
from the date of second publication, and with no verified claim against the contractor by the city
up until the end of this waiting period and successful delivery of "Post Construction As-Bui/t
Drawings"to Engineering Department, the city will declare the project closed and will release
the retainage to the contractor. The project close out final inspection must be recorded on a
final Daily Construction Log, signed by the City Project Inspector and the Contractor prior to
advertisement for closure. No liquidated damages will be imposed past the date of substantial
completion.
1.1500 WARRANTY INSPECTION
At the City's discretion, a warranty inspection will be held during sixty (601 calendar days prior to
the expiration of the warranty period under the Maintenance Bond. The contractor shall provide
an authorized representative at such inspection to represent the contractor's interests.
Defective workmanship or product(s) identified during the inspections shall be corrected
immediately including complete removal and replacement, by the contractor and at contractor's
expense under the directions of the Engineering Department. CorKective work shall start two (2)
consecutive business days following a written notice to contractor.
The contractor shall, for a period to two (2) years after the completion and acceptance of work,
repair at his/her expense any failures or deficiencies communicated to contractor in writing.
1.1600 QUALITY ASSURANCE/QUALITY CONTROL PLAN:
Each contractor's bid submittal will include a quality assurance/quality control (QA/QC) plan
prepared by the contractor describing the procedures and controls the contractor proposes to
use for quality control in the projects. Each QA/QC plan will contain at least the following
elements:
a) Safety training and toss control program of the contractor including certifications of the
superintendent, project manager, or on-site representative who will control the daily work of
the contractor.
b) Workmanship assurance program of the contractor including routine inspections and quality
control procedures for the workers performing on City projects.
c) Plan for coordinating and scheduling construction sequences and activities among
themselves, their sub-contractors and other contractors hired by the City of Aspen.
PA R T TWO
TECHNICAL TERMS & SEPClFICATIONS:
2.0000 GENERAL
Technical terms and specifications, are intended to specify and provide additional description,
clarification, or conditions that are applicable to this Contract. These Special Conditions represent
a short-form outline of the more complete Technical Specifications also contained in the Contract
Documents
2,000'1 STANDARDS USED
The $pecial Conditions shall delineate the measurement and payment for each item listed in the
bid proposal form and shall corn ply with the followin§ appropriate construction standards:
a) For street improvements, subsurface construction/trenching, bridges,
culverts, storm sewer system and flood control facilities, pedestrian
facilities, traffic control - The order of precedence shall be City of Aspen
Engineering Department Design & Construction Standards, latest revision, and then, Colorado
~-~ Department of Transportation's Standard Specifications for Road and'Bridge Construction, 1999
Edition, or as modified in these Special Conditions,
b) For Sanitary Sewer utifity systems - Aspen Consolidated Sanitation
District Standards & Specifications, latest edition.
c) For Water Distribution systems - City of Aspen Water Department's
standards & Specification, latest edition.
d) For material testing - ASTM and/or corresponding AASHTO, latest edition
e) For Traffic Control Devices - MUTCD, Year 2000 Edition.
f) Other utility systems - City of Aspen Design and Constru ction Standards
referencing right of way cut or disturbance and restoration, shallow and deep
construction requirements.
Any conflicts between these Standard Specifications and the provisions herein shall be resolved
by the City Engineer of the City of Aspen, Pitkin County, Colorado. The responsibility for
performance of the utility systems not regulated or established by the Engineering Department
,'~' shall be taken by the utility agencies listed above.
PART THREE
Engineering Department Specifications
3.0001 PAYMENT UNDER UNIT BID ITEM
The unit bid item price shall include but not limited to the following work performance
requirements:
· Supply of trained labor, equipment and materials
· Delivery and pickup
· Manufacturer's or supplier's material certification test(s) and reports
· Material placement, compliance and acceptance tests, both field & laboratory
· Obtaining and maintaining Insurance coverage(s), permits and licenses
· Performing construction field surveys, staking and distributing survey cut sheets by a Colorado
Licensed Professional Land Surveyor (CPLS)
· Production of the post-construction As-Built plans and details as outlined in theEngineedng
Department's stands rds (for drafting and plan contents) by a CPLS in the following packages:
One set on mylar sheets
Twos sets of stamped, sealed and dated blueprints (record drawings)
One set of electronic drawings in ".dwg" file format for use with "Auto Cad" program in a
version maintained by the Engineering Department or as directed by the Eng~neenng
Department. The electronic file of drawings must not be compressed.
Warning!! Non-conforming As-Built plans will not be accepted.
· Tax payments, 9rofit and overhead.expenses, administration, clerical, etc,
· Cost of secured storage space(s)
· Cost of complete in-place installation, site restoration to original or better condition
· Detailed daily ROW restoration to original or better condition, to the satisfaction of the City
Engineer.
The City intends to award the work as one contract, which will consist of complete Bid Proposal
Form. The City further intends to award the Contract to the lowest responsible and responsive
Bidder within the limits of the funds available and to best serve its interests. The conforming
workmanship will be the basis for acceptance of work and payment to Contractor.
3.0100 MATERIAL TESTS, REPORTS AND CERTIFICATIONS
3.0101 Ail materials to be incorporated into the work shall be subject to sampling, testing by
the City and responsible Utility Agencies as described in section 2.0001 of these special
conditions and as called on the plans. All approved and tested samples shall be the exact
representative of the material to be used
3.0102 Tests required to guard against unsuitable materials or defective workmanship and to
demonstrate that materials comply with the provisions of the contract documents must be
performed in adequate frequencies,
3.0103 The procedures and methods use to sample and test materials shall be as specified or
as determined by the Engineenng Department. Unless otherwise specified in these Special
Conditions. sampling and testing procedures shall be in accordance with the latest standard
methods of ASTM and AASHTO as outlined in section 2.0001 of these special conditions.
3.0200 BACKFILLING & EMBANKMENT COMPACTION
REQUIREMENTS:
This work shatl comply with the acceptance criteria listed in this paragraph.
· Compact fill materials to following minimum densities at optimum moisture content based on
ASTM D698 or AASHTO T99 as shown on the Drawings or as follows:
1. Structure fill under all concrete structures: 95% modified proctor.
2. Backfill beneath or within 5 horizontal feet of existing or proposed
structures, pavements, roadways, sidewalks, curbs, utility lifles or
other improvements: 95% modified proctor.
3. Backfill within public or other designated rights-of-way: 90% modified
proctor or as shown on the Drawings.
4. Backfill within undeveloped, green or undesignated area: 90%
modified proctor.
SUBMITTALS:
The required submittal including sieve analysis results of the selected import backfill concrete
m~x, Hot Mixed Asphalt. Emulsified Asphalt for prime coating and tack coating, and all other
construction matedal certification reports must conform to the requirements of the standards listed
above. Contractor's report(s) must be prepared by a certified materials laboratory in Colorado.
3.0300 SUBGRADE TESTING
Testing will be performed at the interval of 2 tests per 100 LF of length of street or road; For
sections of less than 100 LF, at least two (2) density tests will be performed. Proof Rolling tests
may be performed at the discretion of the City Engineer in addition to gage density testing.
3.0400 CEMENT CONCRETE PAVERMENT
Testing will be performed on each day when the amount of concrete placed for project work
exceeds 3 cubic yards Testing will consist of measuring the ambient temperature, entrained air,
slump and casting of at least four (4) cylinders for compression testing at 72 hours, 7 days, 14
days, and 28 days.
Concrete type(s) shall be as called for on the construction plans and details, per CDOT's
designation with the following conditions:
Fiber mesh additive: ½ to % pound per cubic yard
Fly ash additive (not a substitute for cement content): Up to 10% of the cement
content by weight. This additive must be non-retardant and shall not slow the curing
process of the concrete at required strength. Concrete must gain at least 80% of its
required compressive strength within seven (7) consecutive calendar days of it's
placement. Contractor shall be subject to liquidated damages due to slow curing of
the concrete work items.
3.0107 ASPHALT CONCRETE:
Density tests will be performed at the interval of 2 tests per 100 LF of length. For sections of
less than 100 linear feet, at least two ~2) density tests will be performed.
3.0200 CONDITIONS FOR ACCEPTANCE OF WORK AND
MEASUREMENT & PAYMENT
3.0201 MOBILIZATION/DEMOBILIZATION
This work item is measured and paid on a pro-rata basis as explained in the General Conditions
of this Contract. A maximum of 50% of this pay item is processed with the first monthly pay
estimate to cover the costs associated with multiple mobilizations and/or re-mobilizations for the
entire project including change order(s), if issued, and the balance is processed with the last pay
estimate as demobilization cost. The contractor shall not be entitled for any additional payment
for mobilizations, re-mobilizations or de-mobilizations at various work sites locations in this
project.
3.0202 TRAFFIC MANAGEMENT
For the safety of the public, Contractor and City Employees, the work under this bid item
includes setu p, enhancement, upgrades and enforcement of a complete traffic control plan for
all ROW segments to be improved under this contract by a Certified Traffic Control
Supervisor (TCS) and subject to approval of the City Engineer. Payment for this work item
shall include advance notification of the property owners and public via news media releases
and public announcements, placement of proper barricades, sig ns. warning lights both flasher
and steady-burn types, information panels, electronic arrow panels, electronic message panels,
temporary pavement marking, flaggers, TCS. setup, maintenance, protection, replacement of
damaged device and discharged batteries, and adjusting the numb~er of channeling devices and
signs as necessary to maintain safe traffic flows for the duration of this project. The traffic
control plan and selected devices and signs shall be based on the MUTCD, Year 2000 Edition.
Measurement and payment shall be on a pro-rata basis and for the duration of the project
including time extensions granted by the City Engineer. No additional payments wiJ be made to
the Contractor.
3.0203 DUST ABATEMENT
During the performance of the work required by these specifications or of any operations
appurtenant thereto, whether on right-of-way provided by the local municipality or elsewhere.
the contractor shall furnish all the labor, equipment, materials, and means required, and shall
carry out proper and efficient measures wherever and as often as necessary to reduce the dust
nuisance and To prevent dust which has originated from his/her operations from damaging
dwellings or causing a nuisance to persons. The contractor shall be liable for any damage
resulting from dust originating from his/her c Derations under these Specifications. This work
shall be considered subsidiary to the construction bid items in this contract and must be
performed at contractor's cost.
3.0204 "REMOVAL" WORK ITEMS
The construction bid items under "Removal Category" shall consist of furnishing ail other
miscellaneous items in addition to requirements of Article 2.0002, for the removal and satisfactory
disposal or abandonment in place of all fences, s~gns, structures old and existing pavements of
any kind and thickness, roads, sidewalks, curbs, gutters, retaining walls and other obstructions not
soecifically listed here. It shall also include salCaging of designated materials and backfilling the
resulting trenches, hotes, and pits. Measurement and payment shall be based on the nearesl
tenth (1/10) of the unit bid item.
3.0205 UNCLASSIFIED EXCAVATION
Unsuitable subsurface materials are measured based on information available during the design
of this project. If encountered however, muck. unstable or unsuitable materials, building debris,
abandoned utilities (manhole. vaults, conduits, pipelines, inlet boxes, drywel~s, etc.), structural
debris or foundations, or machines, shall at the discretion and direction of the City Engineer be
excavated and removed. Removal of such material shall be to the depth and horizontal limits
specified by the City Engineer. Hauling and disposal of the removed materials and debris to a
Contractor secured site, includin§ dumping fees, must be included in the unit bid price.
Backfilling and compaction will be performed as described in Backfilling and Compaction. or
other method as selected by the City Engineer. Measurement and payment to contractor shall
be based on the nearest tenth (1/10) cubic yard accepted by the Engineering Department
~nspector.
3.0206 BACKFILLING OR EMBANKMENT
As shown in the plans and details backfilling or embankment must be placed in 12 Inch layers
and must be compacted to 95% of the AASHTO's Modified Proctor density. Measurement and
payment shall be to the nearest ¼ cubic yard accepted by the Engineering Department
r~spector.
3.0207 SAW CUTTING
The work for this bid item shall also include full depth cutting of materials To be removed in a
neat straight line acceptable to engineering department. The cost overruns for extended work
caused by shallow depth cuts or sloppy line cuts shall be absorbed by the contractor.
Measurement and 3a~,ment shall be up to the nearest ¼ linear foot of actual cut acceptable to
the Engineering Department.
3.0208 "Reset" Bid Item
Resetting of a work component in a bid items in this project shall include new hardware, sign
pole sleeve, conduit, pole base. valve box riser, manhole ring and/or new flange & lid, and all
other support materials not listed but are necessary to perform a complete operational re-
installation or placement of all "Reset Items" called in the plans and details included in this
project.
3.0209 Timber wall
Must be built with 8X8.8' or 10' long pressure treated landscaping timer, and free of
contaminants or pollutants. Timer rows must be attached to each other and offset horizontally to
from a projected slopped surface for stability.
3.0210 Erosion and Sediment Control
Erosion and sediment control at construction sites must conform to applicable provisions of
CDOT's M&S Standards "M-208". published in October 2000.
3.0211 Crushed Screened Rock
Crushed screened rock used in this project must have a minimum of two fractured sides to
provide the required interlocking capability. This material must be placed as called in the
construction ptans and details and must be compacted by vibratory equipment such as a plate
tamper to achieve maximum required stability,
3.0212 High Density Poly Ethylene Pipe (HDPE)
All HDPE pipes used in this project must be corrugated, with smooth inside wall. Pipe sections
must be connected with water-tight connector bands to form sealed water tight joints. Following
installation of pipe system and associated components including inlets, manholes and backfilling
of trench, the following compliance tests must be implemented immediately as incidental work
for construction of the pipe system:
-TV line inspection using color video camera
-Delivery of video tape from line inspection in VHS format
-Deflection test of all p~pes using a 5% mandrel system and delivery of report certifying pipe
deflections of less than 5%
Costs of these compliance tests must be borne by the contractor.
3.0213 Storm Sewer Manholes
All storm sewer manholes in this pr~oject are flat top type structures. Manhole frames (flanges)
must be set and adjusted using high strength non-shrinking grout to allow the access lid to
match the sloped finished grade of the street, Manhole lid and frame must remain ¼" below the
finished grade of the existing pavement to form a recessed finish.
PART FOUR
Aspen Consol/dated Sanitation District Specifications
PIPELINE AND MANHOLE MATERIALS (ACSD-SECTION 5)
5.4 SANITATIQN
The contractor shall adhere to the current Aspen/Pitkin County and State of Colorado
Health Department sanitation rules and regulations. Unless arrangements are made otherwise
a portable toilet shall be provided by the contractor at each job location.
5.5 LINE LOCATIONS
The contractor shall ~)e responsible for obtaining any and all line locations, both main
lines and services from all utilities.
5.6 POT HOLING UTILITIES
The contractor shall pot hole any utility that may be in conflict with the alignment of the
sewer line prior to commencing construction or at least 2 manholes ahead of construction, or as
determined by the ACSD Engineer.
5.9 STAKING SEWER
The Applicant's Engineer. at the Applicant's expense, shall stake the sewer line and
grade, and manholes using 25 foot stations for the first 100 feet. in and out of manholes and
every 50 feet thereafter. Offsets for each station shal be se( for checking grade during
installation. T~he Applicant's engineer shall provide the District and the District Engi qeer with cut
sheets at least 7 working days prior to the start of construction.
5.10 WRITTEN NOTICE
Written notice from the contractor shall be given to the District Engineer stating date, time
and location of construction at least 48 hours prior to commencing construction.
5.11 PERMITS
Before any work is approved to begin by the District, the contractor must show that he
has obtained alt licenses and permits for the construction required.
5.12 PHOTOGRAPHS ORVHS RECORDINGS
At least 5 working days prior to construction the Contractor shall provide the District at
the Applicant's expense photographs and VHS video tapes of original conditions prior to the
start of construction for all sewer projects.
5.13 HOLIDAY SHUTDOWNS
The contractor shall not work during a national holiday and the generally recognized days
before and after constituting a holiday weekend. The District Engineer shall determine the
holiday days and hours to be observed during Memorial, Independence, and Labor day
weekend.
The contractor shall shutdown have all trenches backfilled, and streets and alleys
completely open to vehicular traffic by 3:00 PM the Thursday prior to any holiday weekend.
5.14 CONSTRUCTION SCHEDULES
City of Aspen ordinances prohibit construction in the commercial core and Main street
corridor from June 1st to September 15th of any calendar year. The time window for all line
extension contracts or replacement contracts shall be approved by the Aspen Consolidated
Sanitation District Board of Directors.
All projects that have not started within s~x months from date of application and survey
shall be void and new applications and surveys will be required.
5.15 STAGING AREAS
The contractor shall make arrangements in writing at his expense for securing a staging
area, comply with all City of Aspen and Pitkin County regulations regarding stored materials,
equipment, etc., and inform the District in writing of the arrangements for a staging area.
5.16 MATERIAL LISTS
The contractor shall submit a list of materials to be used on any project to the District
Engineer 14 days prior to the start of construction for his approval
5.17 NOTIFICATION
The construction program and revisions shall be distributed to all property and business
owners that may be effected by the construction at least five days prior to the start of
construction. This notification shall state dates times and location of the construction along
with a map showing alternate parking and delivery locations. The map shall also show
temporary pedestrian access and walkways, temporary locations for dumpsters, and areas that
will be reserved for material storage.
5.18 CONFINED SPACE PERMITS
f at anytime during the construction the contractor needs to access a previously
dedicated District manhole or other confined space, the contractor shall make all entries
adhering to all OSHA req aired confined space regulations.
The contractor shall furnish the District with an aoproved confined space program
developed by the contractor's company 30 days prior to commencement of construction.
PIPELINE AND MANHOLE MATERIALS (ACSD-SECTION 6)
6.1 GENERAL
All materials used shall be new and of the best quality available and shall conform to the
latest standards of the American Water Works Association (AWWA), The American National
Standards Institute (ANSI), and the American Society of Testing and Materials (ASTM).
All materials and source of supply shall be approved by the District Engineer to assure
that the District specifications will be met. All materials found to be defective or damaged shall
not be used and shall be removed immediately and permanently from the work site without
compensation to the contractor.
6.2 DUCTILE IRON PiPE
Ductile iron pipe shall be used only with prior approval of the District. Ductile iron pipe may
be required in certain circumstances such as under Colorado State Highways, roads or rivers.
6.2.1 DUCTILE IRON SEWER PIPE
The interior of each length of pipe shall have a cement lining and a 40 mit poly liner as
determined by the ACSD Engineer. The exterior surfaces of all Ductile ron and fittings shall be
foundry coated with a Bituminous coating. All Ductile iron pipe shall be 18-20 feet in length,
class 52 or greater as necessary to comply with manufacturer's recommended application
requirements for soil con(~itions and depths of bury.
The p~pe joints shall be "push on" type with gaskets of neoprene or other synthetic rubber
intended for buried applications.
Restrained buried p~pe joints shall be American "Lok-Fast" or "Lok-Ring"; Clow "Super-
Lock"; or U.S. Pipe "Lok-Tyton" or "Lok-Tyte" or "Meg-a-lug" or approved equal.
6.2.2 DUCTILE IRON PIPE FITTINGS
Fittings for ductile iron pipe shall not be allowed in normal gravity flow sewer line
installations unless specified by the District or the District Engineer. Fittings shall be cement
lined and epoxy coated or poiy lined as requested by the District Engineer. Bolts shall be Heavy
Hex or approved equal.
6.2.3 CORROSION PROTECTION
Buried Ductile iron pipe which may be subject to corrosive soil action shall be protected by a
seamless polyethylene tube. All opemngs shall be taped water tight using an appropriate PVC
or polyethylene tape.
6.3 POLYVINYL CHLORIDE (PVC) SEWER PIPE
Use of PVC bell and spigot/slipjoint sewer pipe shall be required for pipelines of 36
inches diameter or less.
PVC sewer pipe shall be produced by continuous extrusion process, employing a prime
grade of unplasticized polyvinyl chloride.
The pipe shall bear the NationaI Sanitation Foundation seal. the class, size. pressure
rating, name and trademark of the manufacturer. All pipe joints shall be assembled using a non-
toxic lubricant.
6.3.1 PVC PIPE FOR GRAVITY SEWERS
1. PVC sewer pipe, SDR 35 shall be used for pipe 15" or larger and SDR 26 for pipe
12" and smaller. No deflection in the pipe shall be allowed. Only rubber gasket jointed pipe wil
be acceptable. Pipe shall be jointed by means of an integral bell formed with a race designed to
accept a gasket. The spigot end sha! have a 7 1/2 degree bevel and a "stop mark" on the
outside diameter to indicate proper insertion depth. The gasket shall be molded to circular form
and to proper cross section and shall consist of a vulcanized high grade eiastomeric compound.
The pipe shall be supplied in the longest available length or as determined by the ACSD
Engineer.
2. Where required by the District, SDR 21 or 18 pipe shall be used. This PVC sewer
3ipe shall meet the requirements of "PVC Pressure Pipe". The PVC pipe shall be class 150 or
better. The bell shall consist of an in!egral wall section with a solid cross-section elastomeric
ring width. The bell section shall be d~signed to be at least as strong as the pipe wall.
3. In general, SDR 26 may be buried up to 20 feet deep. SDR 21 PVC pipe must be
used in excavations 20 feet or deeper.
4. The pipe shall have a normal laying length of 12-13 feet.
6.4 CONCRETE AND ASBESTOS CEMENT PIPE
Concrete and asbestos cement pipe is not accepted for use in the Aspen Consolidated
Sanitation District collection system.
6.5 MANHOLE MATERIAL
6.5.1 PRECAST MANHOLES
Manholes shall be constructed of precast concrete bases and rings, designed for H-20 traffic
loading as shown on the drawings (ACSD-01). Four foot inside diameter manholes may be
used with 15" or smaller pipe and have a mimmum wall thickness of 5 inches. Five foot inside
'diameter manholes must be used for pipe t8" or larger and have a minimum wa~ thickness of 6
inches. Six foot diameter manholes may be required by the District Engineer where applicable.
All manhole sections shall incorporate a vertical keyed joint. Manholes shall be coated on the
outside with two coats of coal tar paint. The paint shall be Kopp~rs "Bitumastic Super Service
Black," Porter "Tarmastic 103," Tnemec "450 Heavy Tnemeco," or approved equal. The top
section shall be a precasl concrete eccentric cone with 24 inch opening. Manhole bases shall
be precast with integrally cast-in water stop boot. The top of the base section shall be at least
12 inches above the top of the pipe. All other connections to the manhole base sha] be made
by coring and using a Kor-N-Seal boot or approved equal inserted and held in place by an
internal expanding clamp (see drawing ACSD-04). All openings shall be completely grouted full
using a non-shrink grout. Manhole steps shall be M.A. Industries PS-2 PF steps or approved
equal, n no case shall the top step be greater than 24" from the top of the manhole.
Concrete grade rings shall be precast of the same material as the manhole barrel sections
and may be used in frost free areas. Aluminum or cast grade rings must be used in paved
areas and in any area where there is a possibility of frozen ground. Regular and beveled plastic
grade rings using manufacturers approved mastic can be substituted with the ACSD Engineer's
approval.
6.5.2 POURED IN PLACE MANHOLE
Poured in place manhole bases shal not normally be alllowed and when required shall
have prior approval by the District Engineer. Poured in place manhole bases shall be
constructed in accordance with drawing ACSD-09.
6.5.3 DROP MANHOLES
Drop manholes shall r~ol normally be installed and when required must be approved by
the District Engineer and shall be constructed in accordance with drawing ACSD-02.
6.5.4 FRAMES AND SOLID COVERS
The frames and solid covers shall be standard heavy duty Denver Heavy or equivalent
and the frame shall be 8" high. The covers shall be designed for use in high traffic areas and
have an external notch for lifting. All covers shall be marked "sewer" (see drawing ACSD-03).
Where required by the District Engineer the contractor shall furnish bolt down frames, bolt
down covers, and gasketed lids.
Aluminum covers are not allowed.
6.5.5 GROUT/MASTIC/SEALANT
Grout for manhole construction shall be a. non shrinking commercial grout. A gel type
acrylate or acrylamide grout formulated for use in sewer applications may be approved for use
by the District Engineer. No grouting will be allowed to the inside of the manhole for testing
purposes.
Mastic for joint sealing shall be "RUBR-NEK" or equal. Joints between manhole sections
shall not be grouted.
The inside of the manholes shall be completely sealed with two coats of RHOPLEX AC
630 two part emulsion.
The outside of the manhole sections shall be sealed with a coal tar paint.
CONCRETE WORK (ACS[ - SECTION 7)
7.1 GENERAL
The contractor shall furnish all labor, materials, including water, cement, admixtures,
aggregate, reinforcement steel, forms and equipment, and perform all work necessary for
completion of all concrete work as shown on the drawings and specifications.
All concrete work shall be done according to the specifications of the City of Aspen, Pitkin
County, Colorado State Highway Department. or the individual owner as the situation warrants.
and have approval of the authority having jurisdiction.
7.2 CEMENT
The cement to be used is Portland Cement. type II. Other cements to I~e used shall be
called for in the special specifications or as required by the District Engineer.
7.3 WATER
All water used for concrete work shall be clean and free of any contaminants. All water
shall be secured at Contractor's expense.
7.4 ADMIXTURES
The contractor shall furnish as part of the contract lump sum prices any and all
admixtures as defined in the special specifications or only as directed by the District Engineer.
7.5 AGGREGATE
General: The aggregate used in the construction shall be as called for in the special
specifications or as directed by the District Engineer.
Fine aggregate: Fine aggregate shall pass trough a 3/16 screen and be free of all foreign
substances.
Course aggregate: Course aggregate shall pass through a 3/4 screen and be free of all
foreign substances.
Larger aggregate may be required by the District Engineer.
7.6 STEEL REINFORCEMENT
The contractor shall furnish and install grade 60 steel reinforcement as required by the
drawings and special specifications and shall furnish bar lists and placement diagrams that shall
be approved by the District Engineer. The District Engineer shall observe and approve of all
reinforcement before the concrete is poured.
7.7 MIXTURE PROPORTIONS
The proportions of cement, aggregate, admixtures, and water shall be provided by the
contractor in a detailed re port, according to the special specifications, approved by the District
Engineer. The compressive strength at 28 days shall be a minimum of 4 000 lbs. per sq. inch. A
maximum of 6 gallons of water per sack of cement, a minimum of 6 sacks of cement per cubic
yard of concrete, and a range of 2 to z~ inch es of slump shall be required or as modified by the
District Engineer.
7.8 TESTS
The District Engineer shall determine the tests necessary for the concrete application. All
tests shall be performed at the Contractor's expense. The District Engineer shall have the right
to modify changes in the mix or water content as needed.
7.9 MIXING
Ready-mixed concrete shall be mixed uniformly, rotated and discharged .according to
manufacturers recommendations.
7.10 CONVEYING CONCRETE
Concrete shall be conveyed to the final placement within I hour of addition of cement to
the water and aggregate. The DiStrict Engineer shall approve the mixture and method of
conveying or transporting the concrete.
7.11 FORMS
Forms shall conform to the shape, lines, and dimensions shown on the drawings, and
shall be placed and removed as directed and supervised by the District Engineer including any
construction joints.
7.12 PLACING CONCRETE
The contractor shall give 48 hours notice to the District Engineer as to the exact time of
any and all concrete pours. The District Engineer shall be present for the entire concrete pour,
shall supervise all conditions that effect the concrete pour, shall approve the type of vibration or
corn 3action, and shall determine the curing time. finishing, and protection of the concrete.
Any concrete that has been poured without the, direct supervision of the District Engineer
or that has not been poured 'n compliance with his exact specifications sha] be removed and
redone at the contractor's expense. The decision of the Distdct Engineer shall be final with no
appeals.
7.13 REMOVAL OF CONCRETE
The contractor shall remove and dispose of curb, gutter, sidewalk, driveways, valley
pans, and any other concrete structures encountered while installing sewer mains including
concrete pipe.
The debris shall be disposed of at a location acceptable to the District, the Distdct
engineer, the City of Aspen and Pitkin County. The contractor shall pay all fees charged by the
landfill or others.
A concrete saw shall be used to cut a clean, smooth, stra ght, vertical cut between the
material to be removed and the material not to be removed, that shal be in good condition and
on grade as determined by the District Engineer. The location of the final cut between items,
which are to be removed and those which are to remain shall be made by the District Engineer.
CONSTRUCTION OF COLLECTOR/INTERCEPTORSEWER
ACS D¢CSD - SECTION $).
8.1 GENERAL
The contractor shall furnish all material and equipment that will become permanent
features of the sanitary sewer main, replacements, and structures, complete and in place and
ready for operation. The contractor shall furnish in addition, all material, equipment, pumps,
hoses, tools, handling and storing of materials of a temporary nature that are necessary to the
contractor's operation in constructing all features of the sanitary sewer main.
The District will furnish no material or work.
All pipe shall be laid to a straight and true alignment with no lateral or vertical deflection
allowed beginning at the downstream end with the spigots pointing in the direction of flow and
the bell-ends upgrade. The bell-ends shall be specifically excavated so that the bell hole can be
bedded to § ye uniform bearing to the entire pipe length. Any work done that is not to the
approved grade and ali§nment shall not be paid for. Preparatory to making pipe joints, all
surfaces of the portions to be joined shall be clean and dry. Lubricants shall be used as
recommended by the pipe or joint manufacturer's specifications. Trenches shall be kept water-
free and dry during laying, jointing and bedding operations. Under no circumstances shall water
be allowed to rise in unbackfilled trenches after the pipe has been placed. All trenches shall be
properly sloped or shored to prevent caving and injury to the pipelayers. The protection of the
workers shall be the sole responsibility of the contractor and ~nust adhere to a] applicable
OSHA confined space regulations. District personnel will not enter excavations they feel to be
unsafe. ~,equired inspections to be performed by District personnel will not be performed until
potentially unsafe conditions are remedied to District personnel satisfaction. Ail trenches and
excavations shall be backfllled immediately after the p~pe has been laid and inspected unless
other protection for the pipe is allowed.
The contract shall have finite time limitations for completion of a sewer line extension or
replacement. If in the estimation of the District Engineer the project does not show the expected
progress called for, the District Engineer shall notify the applicant and shall direct [he contractor
to augment his equipment or manpower at no additional cost to the District. tf it becomes
apparent that the contractor cannot finish the job in a timely manner, the District Engineer shall
suspend the work without additional compensation to the contractor beyond what work has been
completed.
At the sole discretion of the District, the District will reserve the right to maintain any
completed portion of the sewer line extension, but final acceptance shall not be issued until the
remainder of the project is completed.
A water tight plug shall be placed in the end of the pipe whenever pipe laying is stopped
for more than an hour or as determined by the District Engineer.
A laborer shall be provided by the contractor at any time necessary to lift manhole covers
as observation is req uired.
8.2 CONSTRUCTION OF SEWER PIPELINES AND MANHOLES
8.2.1 PLANS. DRAWINGS, AND SPECIFICATIONS
A District approved copy of the project plans, drawings and specifications shall be kept on
the job site at all times during construction. If either the contractor or the District Engineer, as
work progresses, finds any discrepancies between the plans, drawings, and specifications and
the physical conditions, the discovering party shall inform the other party immediately in writing.
Any work done after such discovery will be done at the contractor's expense.
Any deviations from the approved plans and additional compensation to the contractor
shall be authorized in writing by the District Engineer along with cop~es to the District and the
owner,
The drawings shall show the existing utilities to the best of knowledge, based on the best
current information, and are schematic in nature. Final staking may not reflect the changes due
to existing utilities. These conditions do not constitute design changes and are not extras.
8.2.2 LOCATION
All sewer mains shall be located within rights-of-way or dedicated easements. Alt lines
shall be laid at least 10 feet from the edge of easements and nghts-of-way. Whenever possible
main sewer lines shall be placed in roadways to facilitate access, and the lines shall not be
placed in other utility easements. At no time shall manholes be placed in narrow ditches.
drainageways or Iow areas which frequently contain water. Prior to construction the sewer lines
shall be staked and the District notified 5 working days before construction starts to enable a
field route ~nspection to be conducted by District personnel and the District's consulting
engineer.
8.2.3 EASEMENTS OR RIGHTS-OF-WAY
Easements or rights-of-way to 3e used for the installation of sanitary sewer mains shall
be a minimum width of 20 feet, 10 feet either side of the centerline of the pipe. All easements,
which must be shared with other utilities such as water mains shall be a minimum width of 35
feet. The District may require additional easement width in areas of adverse conditions or for
deed lines. For sewer mains 10 feet or less in depth, all sewer lines and structures shall be
placed a minimum of 10 feet from the nearest edge of the easement. For sewer mains more
than 10 feet in depth, ali sewer structures shall be placed an additional two feet from the nearest
edge of the easement, for each foot of depth in excess of ten feet. The District may require an
additional 10 feet of easement on one side or the other of the permanent easement for
construction or maintenance.
8.2.4 NITIAL TIE-IN TO DISTRICT SYSTEM
All ACSD approvals must be secured and applicable fees must be paid by the applicant
at least five days before the contractor will be allowed to tie into to the Aspen Consolidated
Sanitation Distric~ collection system.
A new manhole must be used for the initial tie-in unless approved otherwise by the
District Engineer.
The first section of pipe that enters the tie-in manhole shall be plugged to assure that no
construction materials, tools, or debris enters the District's collection system.
8.2.5 SEWER FLOW CONTROL
f in order to make the tie-in, the wastewater flow in the existing District system needs to
be plugged and diverted, the applicant shall submit to the District the following:
1. An estimate of the total gallons per minute (gpm) of wastewater that needs to be
pumped.
2. The size, type and number of pumps needed.
3. The size. number, and type of plugs that will be used.
4. The amount of time the existing line will be plugged and the wastewater pumped.
The District Engineer shall in his sole discretion determine if the plan for plugging and
pumping is adequate, taking into account the temporary surges caused by unplugging that might
influence the downstream collection systems, and that might flood and damage property or
structures either upstream or downstream, and other factors.
8.2.6 HANDLING
The contractor shall make sure that the pipe arrives on the job site without damage due
to shipment. If the load has shifted or shows rough treatment in transit, the entire toad shall be
rejected,
Pipe shall De unloaded with the shipping bracing left in place until the pipe s ready to be
laid along the ditch. If pipe is to be stockpiled, it shall be stored on a fiat base using the t~mbers
as used in shipment and stacked the same way as the factory load.
Pipe, fittings and appurtenances shall be transported, stored and handled in a manner which
prevents damage. Hooks shall not contact joint surfaces. Plastic pipe shall be stored in shaded
areas to prevent curvature due to thermal expansion. If pipe is to be stored for more than one
month, the contractor shall provide tarpaulins to cover the pipe, being careful to cover the
bevelled end and gasket. Under no circumstances shall material be dropped. When the pipe ~s
to be strung along the trench, it is to be handled propeny and not dropped from the vehicle
carrying the pipe. Pipe handled on skid ways shall not be skidded or rolled against pipe on the
ground. Cast iron, Ductile ~ron pipe and fittings shall be handled so that the coating will not be
damaged. Material with lining or co~ting damage shall be discarded and removed from the work
site
8.2.7 CLEANING
The interior of all pipe and fittings shall be thoroughly cleaned before installation and shall
be kept clean until the work has been accepted. All joint contact surfaces shall be kept dean
until the joint is completed.
Every precaution shall be taken to prevent foreign material from entering the pipe during
installation. No debris, tools, clothing or materials shall be placed in the pipe. At no time during
construction shall water or debris be allowed to enter the system. If any type of foreign material
has been introduced into the pipe, the District shal contract a pipe cleaning contractor to dean
the pipe at the contractor's expense for as far down the system as necessary and to the
wastewater treatment plant if required. Cleaning by flushing shall be prohibited.
Whenever pipe laying is stopped, the open end of the pipe shall be closed with a closely
fitting plug in the end of the pipe to keep dirt and debris out of the pipe.
8.2.8 LAYING PIPE
Piping shall be laid to the lines and grades indicated on the approved drawings. The pipe
shall be laid with straight and true alignment. No lateral or vertical deflection will be allowed.
Any sections of pipe found to have any deflection shall be re-laid at the contractor's expense.
Lateral displacement of the pipe shall be prevented during bedding operations Pipe shall not
be laid in water, nor under unsuitable weather or trench conditions.
Pipe laying shal begin at the lowest elevation (downstream) with bell ends fasing the
direction of progress (i.e. upstream), and the spigot ends pointing in the direction of flow unless
directed otherwise by the District's Engineer.
CuEing of pipe shall be done in a workmanlike manner without damage to the pipe
coatings or linings. The cut shall be made at right angles to the axis of the pipe and in a manner
which leaves a clean smooth edge.
8.2.9 LASER RAY
All pipe laid in the Aspen Consolidated Sanitation District shall be [aid with a properly
calibrated self leveling laser. The contractor shall be responsible for having both a laser and
target to lay the pipe, and a transit with rod set up on each and every section of pipe to be laid
so the ACSD Engineer can periodically check grade and alignment.
No batter boards or string lines will be allowed.
8.2.10 JOINTING OF PiPE
Pipe ends shall be thoroughly cleaned of foreign matter and excess coating material. The
pipe gasket space shall be cleaned and the gasket properly installed. The spigot end of the
pipe shall be lubricated with a suitable non-toxic lubricant. The pipe joint shall be assembled in
accordance with the manufacturer's recommendation and checked for proper installation. On
mechanical joints the gaskets shall be carefully installed and the follower gland bolts tightened
carefully in accordance with the manufacturer's recommendations.
8.2.11 MAIN LINE STUB-OUTS
Main line stub-outs are not normally allowed, but when required, they must be designed
by the District Engineer. No taps are allowed into main line stub-outs. Specifications for ma~n
line stub-outs shall be defined in the special specification section.
8.2.12 SERVICE LINE STUB-OUTS
Stub-outs for future service connection must have prior approval by the District Manager
and shall be 4 or 6 inches in diameter (see drawing ACSD-05). An in-line "wye" shall be used
for all future service line stub-outs unless approved otherwise by the District Engineer. Stub-
outs for future service connection will only be allowed where it is expected that the stub-outs will
be used within two years, the consulting professional engineer must certify in writing to the
District that the stubout elevation will service the proposed building, and 40% of the estimated
total connection fee must be paid in full by the Applicant to the District prior to installation. Stub-
outs shall be installed at the stations ~ndicated on the approved plans for future service
connections. Addition or deletion of stub-outs during construction must be approved by the
District Eng~'neer. Stub-outs shall be positioned 45 degrees above the horizontal and connected
to the service line stub using a 45 degree vertical bend. Stub-outs shall be brought to the
surface using the same material and shall terminate at least one foot above the surface.
Marker posts in other areas shall terminate within one foot of the ground surface and have a
cast iron top. All stub-outs shall be accurately located on the record drawings by "swing ties" to
both the upstream and downstream manholes. All stub-outs reserved to future use shall be
plugged with a removable, gasketed water tight plug. All fittings and pipe used for future
services shall be SDR-26. The contractor shall hand tamp the bedding and backfill under every
"wye" branch after installation.
Sanitary sewer service lines shall be located downstream from or below grade of as wel
as a minimum of 10 feet horizontal distance from any water lines and a minimum of three feet
from any manhole or structure.
The service connection must be observed by the District Engineer and documented on
the plans kept in the field.. Failure by the contractor to adequately document locations of service
stub-outs shall require the contractor to dig up the service stub-outs at no additional
compensation to the contractor.
Stand-by service charges shall begin once the stub-out has been connected to the
building sewer service line.
8.2.13 RE-CONNECTION OF EXISTING SERVICES
The contractor shall be responsible for locating existing services including televising the
system, and connecting the services to the new main sewer line.
The connection shall be made with an in-line "wye". In special circumstances the District
Engineer may approve the use of a "Tee" saddle w/ rubber gasket approved by the District,
drilling the main with a 4-1/2" hole saw, and securing the saddle with two stainless steel clamps.
Since the service lines will vary. ~n size and material, the contractor shall have on hand a
variety and range of all SDR-26 fittings and pipe required to reconnect the services in a timely
man ~er.
The contractor shall hand tamp the bedding and backfill unSer every "Tee" branch after
installation.
8.2.14 REINFORCED CONCRETE TIE DOWNS
Special concrete tie downs may be required on some stream crossings by the District
Engineer and shall be designed by the District Engineer. All pipe to be encased shall be
anchored sufficiently to prevent displacement of the p~pe during encasement operations. These
specifications shall be defined in the section for special specifications.
8.2.15 INSULATION
All pipelines n roadways where snow will be removed or there is a likelihood of deep frost
penetration shall have a minimum cover of 7 feet measured from the to p of the pipe. Pipe lines
in other areas shall have a minimum cover of 5 feet. All pipelines with insufficient cover shall be
insulated in a box on top of and on both sides with 2 inch blue board insulation. Two inches of
insulation shall be required for every two foot of inadequate cover. The acceptable thickness of
insulation shall be bedded in pea gravel a minimum of 2" top and each side, and the bottom
uniformly supported to prevent breakage. 2" of pea gravel shall be hand placed over the top of
the insulation. All seams Shall be securely taped with duct tape or equivalent.
Under no circumstances shall there be less than four feet of cover over any p~peline.
8.2.16 ABANDONING EXISTING SEWER MAINS
The contractor shall be res ponsible for abandoning the existing sewer main as the new
line is installed or after the new syCtem is installed. The contractor shall clean and remove
debris in the system to be abandoned, plug both ends of old sewer main. remove the top, nngs,
cover, and 7 feet of any -nanhole material, including the base if necessary, fill the manholes
from the invert to 24" from finish grade with compacted flow fill to 95% density, compact the
remaining 24" with Class 6 road base to 95% density, complete the surface restoration as
required, and deliver any reclaimed materials to the District yard as directed.
8.3 MANHOLE CONSTRUCTION
8.3.1 GENERAL
The distance between manholes shall not be greater than 400 feet for sewers 18 inches in
diameter or less. On lines with steep grades, the District Engineer may reduire manholes at
less than 400 foot increments. Spacing may be increased to 500 feet for sewers 21 to 30
inches n diameter. Manholes shall be installed at the end of each tine, at all grade changes,
size changes or change in align merit. Manholes shall be used at all collector/interceptor sewer
intersections. No manholes shall be placed on road shoulders, ~n narrow ditches or in water
courses. All pipes entering a manhole or other structure shall have a flexible joint (Kor-N-Seal).
Only precast manhole bases are approved for use in the Aspen Consolidated Sanitation
District. Poured in place manhole bases must be pre-approved by the District Engineer, and will
only be approved in unusual and special instances.
Manholes shall not be placed where the resulting connection collection lines will have an
angle of less than 90 degrees. An additional manhole must be installed so that the resulting
angles for each manhole will be greater than 90 degrees.
8.3.2 HANDLING
Precast concrete sections shall be handled carefully and shall not be bumped or dropped.
Hooks shall not be permitted to come in contact with joint surfaces. Precast concrete sections
shall be r~spected when delivered and installed. Ail cracked or otherwise defective or
substandard units will be marked, rejected and removed from the construction site.
8.3.3 SERVICE TAPS
Private service taps are not allowed into manholes except at the discretion of the District
Engineer.
8.3.4 ECCENTRIC CONES
Only eccentric cone sections will be used.
8.3.5 INSTALLATION
Precast manhole bases shall be placed on level compacted subgrade (95% modified
proctor density) to the grade and alignment shown on the construction drawings. The contractor
must place at least 8 inches of 1-1/2 screened rock under the base for leveling and stability. All
manholes must be level. Pipes shall be connected by use of waterstops as shown on drawing
ACSD-04. Holes for field connections shall be carefully cored or drilled, tn no case shall holes
be made in manholes with pneumatic hammers or similar devices. After.installation of the pipe
through the waterstop the pipe shall be grouted, filling the annular space between the boot and
the pipe with an approved non-shrink grout. Lifting ring holes must be fully grouted with a non-
shrinking grout.
Circular precast sections shall be sealed at the joints with an approved rubberneck sealer
installed prior to assembly.
The outside of manholes shall be painted with two coats of coal tar paint as specified by
the District Engineer. The paint shall be applied per the manufacturer's instru ctions. Paint shall
be allowed to dry before backfilling operations begin.
The District Engineer shal at his discretion require an interior coating of RHOPLEX AC
630 epoxy or other acceptable protective coating depending on conditions.
n the sole discretion of the District Engineer; special concrete, resistant to hydrogen
sulfide gas, may be required
8.3.6 INVERTS
nverts in all manholes shall be formed such that no turbulent flow is allowed.
Engineered bases may be required on steep slopes.
Inverts shall be designed with at least two tenths of a foot drc3 through the manhole.
Three and four way manholes shall be designed so that inverts with lesser flows shall enter the
manhole at an elevation higher than the invert with greatest flow. This elevation shall be
approved 3y the District Engineer.
Pre-poured inverts in pre-cast bases shall be smooth and clean. At the direction of the
District engineer, additional work may be re(: uired on the inverts. The area around the boot and
pipe will be grouted with an approved non-sh rink grout.
r~verts shall be carefully poured and troweled into the shape of the pipes through the
manhole. The inverts shall be constructed of 4,000 PSI concrete using Portland type Il cement.
Side branches shall be connected on as large a radius curve as practicable. All inverts shall be
troweled to a smooth clean surface.
All manhole bases shall be precast with 6" minimum space between the invert of the PVC
sanitary sewer pipe and the top of the floor, and reinforced with GR 60 ¢¢4 rebar 12" each way.
8.3.7 BENCHES and TROUGHS
Benches shall be designed so that a good working platform is formed. The troughs shall
be formed deep enough to contain the expected wastewater velocity and flow. The troughs
shall be designed to accept a television camera 24" long and 6" in diameter. See manhole
detail ACSD-01 and ACSD-08. Unless approved differently by the District Engineer, the troughs
should be designed to have vertical walls the same width or wider than the inside pipe diameter.
8.3.8 GRADE RINGS/CASTING
In frost free areas precast concrete grade rings may be installed between the top of the cone
and the manhole frame if necessary. The rings shall be sealed with two parallel strips of
approved joint mastic between each layer. No more than 18 inches of grade nngs will be
allowed. If the manhole must be adjusted more than 18 inches, the eccentric cone shall be
removed and the appropriate barrel section added. However, if the tongue and groove of the
sections do not match, the entire manhole must be rebuilt. The lid frame and cover shall be as
specified in drawing ACSD-03. The lid frame shall be sealed to the grade nngs with two parallel
strips of rubberneck.
Metal and plastic grade rings must be used n paved areas and in any area where there
s a possibility of frozen ground.
8.3.9 FINAL GRADE OF MANHOLE COVERS
Non traveled areas: manhole cover shal be 4 to 8 inches above finished grade.
Non paved traveled areas: manhole cover shall be 2 to 4 inches below finished grade.
Paved areas: manhole covers shall be 1/2 inch below grade with at least a 1 1/2"
manhole riser ring added to cast frame. Additional 1 1/2" metaJ grade rings may be
required at the discretion of the District or the District's engineer.
8.3.10 DROP MANHOLES
Drop manholes will not be allowed unless pre-authorized by the District's engineer and
must be constructed according to ACSD-02 standard detail.
Where a s~gnificant change of grade occurs, an additional manhole shall be required.
Inside drop manholes are not allowed.
8.3.11 POURED IN PLACE MANHOLES
Poured in place manholes will not be allowed unless pre-authorized by the District's
engineer.
All poured in place manhole bases shall be poured with 4000# 28 day compressive
strength, 6 sack PortIand type II cement. 2" slump, 3-5% air entrainment, concrete ready mix,
shall be a minimum of 8" thick below the invert and a minimum 8" above the top of the PVC
sanitary sewer, reinforced with Grade ¢¢-4 rebar 12" on center each way placed in the lower half
of the base, the inverts shall be formed smooth, have a 12" bell stub each way for connecting
the. pipe, to provide a flexible joint outside the manhole, and a water seal installed around the
pipe and poured in the concrete.
The grade of all p~pes entering the manhole shall be checked after the concrete has been
placed but before the concrete has been set.
The inverts shall be hand troweled to a smooth finish.
Poured-in-place manholes shall not be installed in water.
Regardless of weather conditions, the temperature of the concrete shall remain between
50-90 degrees F.
Poured in place manholes shall be built according to the specifications in the rest of this
section. See drawing ACSD-09.
8.3.12 MODIFYING EXISTING MANHOLES
All work performed by the contractor in a ACSD confined space shall be performed
according to OSHA permit required confined space regulations.
All new holes required in existing manholes (o facilitate installation of additional pipes 'or
replacement of existing pipes shall be core drilled in the manhole wall and base to facilitate a
smooth invert transition. A Kor-N-Seal boot shall be installed by the contractor. Holes shall not
be made by hammering or jack hammering. All possible areas of leakage shall be grouted with
a non-shrink grout. Alt such connections shall be observed by District personnel or the District
Engineer.
When required the contractor shall be responsible for installing a new manhole on the
existing sewer line. The sewer main must be kept in operation and the sewage bypass pumped
if required. The contractor shall uncover the existing main, the District Engineer shall determine
the elevation of the invert to be used for the next grade and alignment, the contractor shall cut
out the line in a clean manner and the manhole shall be installed according to these
specifications and the approved drawings.
Normally a new manhole shall'be required when tying into the existing sewer system. In
some cases the District Engineer shatl instruct the contractor to tie into an existing manhole.
Where there is not a line coming into the manhole, the manhole shall be core drilled, a flexible
joint manhole coupling with rubber gasket and waterstop, KOR-N-SEAL or approved equal
installed. The bench shall be grouted with a non shrink grout to divert the flow into the
downstream pipe with a smooth transition that does not create turbulence.
tf one pipe is to be abandoned, a plug of two thicknesses of grouted brick and a 6" solid
plug of non shrink grout shall be installed in the pipe. Existing invert and trough shall be filled '
with an approved non-shrink grout and benches formed to match existing.
8.3.13 MANHOLE STEPS
Manhole steps shall be M.A. Industries PS2-PF 6 polymer polypropylene plastic with 1/2"
grade 60 reinforced steps or approved equal. Manhole steps shall be evew one foot and must
line up vertically from the bottom section to the cone.
Manhole steps shall not be used to lift manhole sections.
8.3.14 SPECIAL MANHOLES
On steep slopes, the District Engineer may require vertical bends to be incorporated into
the manhole design. Specifications for this type of installation shall be shown on the details and
referred to in the special specifications.
8.3.15 REUSABLE MATERIAL
All p~pe, manholes and material removed from the existing sewer system that is found to
be reusable by District personnel shall be removed from the work site to the District yard by the
contractor.
8.3.16 PIPE AT MANHOLES
Pipe bells shall not be cast into manholes or structures. The bell shall be cut off so that
the plain end of the pipe is flush with the inside wall of the manhole or structure, or as shown on
the approved construction drawings.
EXCAVATION/BEDDING AND BACKFILL (ACSD- SECTION 9)
9.1 GENERAL
All excavation/bedding and backfill operations shall conform to the following
specifications. All excavation and related work shall be performed by a competent pipeline
utility contractor ticensed to do business in Pitkin County and the City of Aspen.
The work to be done under this section shall consist of furnishing all labor, materials,
equipment and performing all operations in connection with the excavation, backfill, backfill
compaction, bracing, sheeting, shoring, .grading, bedding, tunneling, blasting, jackhammering
and the removal of groundwater, frozen ground, and all ether earthwork required.
Prior to the start of excavation, the contractor shall obtain and provide copies to the
District Engineer of all licenses and permits required for excavation.
9.1.1 INDEMNIFICATION
The contractor will indemnify defend and hold harmless the District and its agents,
officers and employees from and against all claims, damages, losses and expenses including
reasonable attorney fees. arising out of or resulting from the performance of the work, as
caused in whole or ~n part by any negligent or willful act or omission of the contractor, anyone
directly or indirectly employed by him or anyone for whose act any of them may be liable.
9.2 TRENCH EXCAVATION
The contractor shall excavate as necessary to attain the lines, grades, and depths at the
locations shown on the plans and as staked in the field. Alt trench excavation shall be open cut,
unless otherwise shown on the plans or approved by the District Engineer. Bottoms of trenches
shall be carefully and accurately graded to provide uniform and continuous pipe bearing.
Maximum width of the bottom of the trench shall be no more than 18 inches nor less than 12
inches wider than the largest outside diameter of the pipe. Repose of excavation and use of
shoring, sheathing or trenching boxes shall conform to current OSHA regulations and all
Colorado and District safety requirements. Excavated material shall not be placed or stockpiled
closer than two feet from the top edge of the trench.
The District Engineer shall determine the ength of trench that may be open at any one time
and when the trench may be backfilled.
Excavated materials unsuitable for backfill or not required for backfil shall be disposed of in
accordance with local regulations.
The contractor shall prevent surface water from flowing into excavations. Water shall not be
permitted to rise in trenches that have not been backfiIled Any pipe having its alignment or
grade changed as a result of a flooded trench shall be relayed at the contractor's expense.
Unless specified otherwise ~n the special conditions, the trench shall be excavated to at least
6 inches below the bottom of the pipe and the subgrade established by backfilling with bedding
material as shown in the drawings ACSD-06 and ACSD-07.
At the discretion of the District Engineer, work may be suspended due to unusual climatic
conditions unsuitable for construction to be continued in a safe manner.
9.3 EXCAVATION IN POOR SOIL AND ROCK
9.3.1 EXCESSIVE ORGANIC OR INORGANIC MATERIAL
Where the bottom of the trench at subgrade is found to be unstable or to include ashes,
cinders, refuse, vegetable or other organic matter, or large pieces of organic material, the
District will require the excavation, removal and proper disposal of the unsuita~)le material. The
amount of unsuitable material to be removed shall be determined by the ACSD Engineer.
Before the pipe is laid. the subgrade shall be returned to the proper level with a minimum of 10
inches of screened rock 3/4" to 1-3/4" bedding or more as determined by the ACSD Engineer.
The pipe shall then be laid and bedded as specified in these specifications.
9.3.2 EXCESSIVE GROUNDWATER
In the case where excessive ground water is encountered during excavation, the District
will require the installation of an underdrain system, well points, or other dewatering procedures
as determined by the District Engineer. Additional bedding, which shall consist of 3/4 to 1-3/4
inch washed rock. shall be required as determined by the Districl Engineer. Clay dikes shall be
installed every 100 feet where any amount of ground water is encountered or there is a
reasonable possibility of ground water, surface runoff, irrigation water, or other sources of
inflow/infiltration that may run along side of or enter the sewer p~ pe as determined by the District
Engineer.
9.3.2.1 DEWATERING PERMIT
Where there rs a possibility of encountering groundwater, surface runoff, or irrigation
water during the entire excavation project, a Discharge Permit must be obtained by the District,
at the Contractor's expense, from the State of Colorado Department of Health. No work shal
commence prior to obtaining the Discharge Permit.
The contractor must be knowledgeable about and comply with all provisions of the
permit, and assist the District and the District Engineer with filing reports.
The contractor shall be required to have adequate hose and pumping capacity to dewater
the trench if ground water as well as surface water are encountered to ensL re a dry excavation
and preservation of the final grade and alignment.
Water shall not be drained into the sanitary sewer system.
Prior to the start of construction the contractor shall in writing explain his plan for all
pumping situations and have the plan approved by the District Engineer.
9.3.3 SOLD ROCK AND BLASTING
In solid rock areas, the trench shall be excavated to at Ieast 6" below subgrade and
brought back to the subgrade shown on the approved cut sheets with approved bedding
material. The over excavation shall increase as the trench depth increases as determined by
the District Engineer. The contractor shall do any necessary.tackhammering or blasting for the
removal of rock.
The contractor shall employ a person who is licensed to do blasting in the State of
Colorado and permitted by Pitkin County.
The contractor shall file all necessary permits and applications with the City of Aspen, the
State of Colorado and the Federal Government for the use and stbrage of explosives, and shall
notify all authorities when explosives are to be used.
The contractor shall provide separate specific insurance to a limit of not less than
$3,000,000 for all property damage and bodily injury, including death, arising from blasting.
As required by the District Engineer, the contractor shall have access to explos ves so as
not to delay the work. Such explosives shall be handled, stored and used 'n compliance with all
lawfu regulations. The contractor shall take all necessary precautions for the safety of the work,
materials, workmen, persons and property, and as directed by the District Engineer.
if in the opimon of the District Engineer, blasting cannot be safely accomplished, he shall
instruct the contractor to continue to excavate by other means.
Unless there are special provisions for blasting, there shall be no extra compensation for
using blasting as an excavation technique.
9.4 BEDDING
Bedding material shall be 3/4 inch screened rock. Bedding material shall be placed to
provide a continuous bearing and support for every point of the pipe between holes. The
bedding shall be continuous for a depth of at least 6 inches below the pipe. Al[er the p~pe has
been laid to grade, additional bedding material shall be placed to the spring line of the p~pe.
Compaction of bedding material shall be to 95% modified proctor density. From the spdng line
of the pipe to a point eighteen (18) inches above the top of the p~pe, the trench shall be
backfilled with ~edding or other approved crushed aggregate material if determined to be
necessary by the District Engineer.
In high ground water areas the bedding shall be interrupted by clay dikes. The clay dikes
shall be spaced every 100 feet or as directed by the District Engineer. The clay dikes shall be
constructed to the same dimensions as the bedding except they shall extend 18 inches above
the top of the pipe.
Bedding and clay shall be placed in 6 inch layers and compacted to 95% modified proctor
density. Excavated materials shall not be used as bedding material above or below the pipe
unless approved by the District Engineer.
9.5 BACKFILL
All backfill above the bedded pipe shall be carefully placed and compacted. Compaction
shall be by some type of mechanical tamping approved by the District Engineer. Lifts may not
exceed a maximum of 24 inches. The District Engineer may require lifts as small as 6 inches
depending on the type of mechanical tamping provided by the Contractor. No flooding, jetting,
or puddling of trenches will be permitted. All material which is determined to be saturated (or
more than 5% over optimum moisture) by the District Engineer shall be dried out to an
acceptable moisture level before use as backfill. Ail compaction shall be 95% of modified
proctor density. Compaction testing will normally be required at a rate of one test every 200
linear feet of pipeline and at an elevation midway through the trench depth. The contractor shall
provide one copy of all soils testing logs to the District. Compaction test results shall be
provided to the District on the same day as the tests are conducted. All failing areas shall be
recompacted and retested. Material which cannot be compacted to specification shall be
removed and discarded. The Districl may require a different test frequency than specified
above if the compaction effort provides consistently unsatisfactory results or inconsistent results.
The Aspen Consolidated Sanitation District will not accept for ownership or maintenance
any sewer lines placed in trenches that have failed compaction tests or where the reports of the
compaction tests have not been received by the District.
Pitkin County Road and Bridge Department may require use of pit run for backfi] under
county roads. It shall be the contractor's responsibility to determine if this is required.
In cuts where streets, highways, aIteys, uikepaths, etc. will 3eed to be resurfaced, the top
18 inches of backfill shall be 3/4 roadbase compacted to 95% density.
All backfill shall be done in accordance with City of Aspen, Pitkin County, or State of
Colorad ~) requirements.
Backfill that is wet, soggy, frozen, or contains organic or hazardous material shall not be
used.
During non-working hours, all trenches shall be backfilled to within 10 feet of the end of
the pipe, with no more than 5 feet of trench excavated ahead of the pipe and the trench properly
barricaded. The contractor shall be responsible for the proper barricading and all safety
measures. Con ditions may exist where complete backfill may be required as determined by the
Distict Engineer.
The contractor shall guarantee the backfill against settlemenl for 2 yrs. after final
acceptance of the contract. Any calls for subsequent repairs from the District Engineer or the
Aspen Consolidated Sanitation District shall be completed within 24 hours.
The contractor shall be responsible for prc~)erly reolacing all survey stakes or property
pins. including having such monuments resurveyed if necessary.
9.5.1 BOULDERS AND ROCKS
No rocks over 3 inches in diameter shall be allowed in the top 24 inches of the trench or
within 2 feet of the pipe. Further. all backfill shall be carefully placed so that no damage will be
done to the pipeline. No backfill material shall have boulders larger than 12 inches in diameter.
Backfill shal be carefully lowered and placed into the trench.
9.5.2 MAINTENANCE OF BACKFILL
All backfill shall be maintained in a satisfactory condition, and all places showing signs of
settlement shall be filled and maintained during the life of the contract and for a period of two
years following the date of final acceptance of all work performed under the contract. When the
contractor is notified by the District that any backfill is hazardous due to settlement he shall
correct such hazardous conditions at once. Any utilities and road surfacing damaged by
settlement shal be repaired by the contractor to the satisfaction of [he owner and the District.
In addition, the contractor shall be responsible for costs incurred by the District. including
reasonable attorney's fees and court costs for all claims for damages brought against the
District for, and on account of. such damage.
9.5.3 MARKING OF SEWER LINES
Al sewer lines to be dedicated to the District shall be marked with a marking tape labeled
"Caution Sewer Line Below." The tape shall be placed along the trench center-line between 18
and 24 inches above the pipe, The marking tape shall be Terratape '0' or approved equal.
Additionally, when required by the District or its consulting engineer, all PVC lines shall be
marked with co;~per wire (10 gauge) buried with the pipe. The wire shall protrude into the
adjacent manholes 6 inches on each end and shall be continuous along the pipe. Any splicing
necessary in the same wire shall be resistant to corrosion and shall have the same conductivity
as the wire to allow a current to be induced in the entire wire.
9.6 HIGHWAY CROSSINGS/STREET CUTS
Prior to start of construction, the required permits or licenses shall be obtained from the
appropriate governmental authority by the contractor.
When open cuts are permitted, only one-half the traveled way shall be closed at one time.
thus allowing traffic to proceed on the other half.
Boring shall be performed only by experienced boring contractors. Bores shall be
constructed to the lines and grades shown on the approved drawings. Backfill and surface
replacement shai be performed to the specifications of the appropriate authority and all
requirements of the permit or license shall be met.
9.6.1 WORKING N STATE OF COLORADO ROW
All provisions of these specifications shall apply to this section with the following
additions':
1. The State Highway permit shall be taken out by the contractor and the contractor
shall adhere to all provisions of the permit including paying for the ~nspection fees charged by
the Division of Highways.
2. In areas of asphalt cut. the last 24" of backfill shall be Class 6 base course
compacted to 95%. n certain cases an 8" concrete slurry of 4 sack-Hi/Early shall be required
under the asphalt.
3. Immediately upon completion of the backfill, 4" of Class E plant asphalt mix shall
be placed in the even, clean, vertical, saw cut.
4. No cuts shall be allowed in the ROW on weekends, at n ight, or on holidays. Work
shall be authorized from 8:00 AM to 5:00 PM only.
5. Flagmen shall be required at all times along with proper warn r~g and construction
signage and flashers. Two way traffic shall be maintained at all times. The contractor shall
have the traffic and safety plan on the construction site at all times so that the State of Colorado
inspector or any other authority having jurisdiction may review the plan.
6. All areas of construction shall be restored to original contour and condition. Areas
shall be reseeded with Division of Highways Specifications grass seed mix.
9.7 PROTECTION OF UTILITIES, STREET IMPROVEMENTS & PROPERTY
The contractor shall be responsible for sustaining, securing, and protecting any pipes,
conduits, poles, main lines, cables, street improvements, and any other property, public or
private, against damage during the construction.
When cables and pipe such as gas lines, water lines, electric, TV, and telephone cables
are encountered and especially when these lines are running parallel with the trench, the
contractor shall suspend the utilities using such things as, but not limited to, 4x4's, and jacks,
across the trench opening and tying up the utilities to prevent sagging in the trench and damage
to the utility. The suspension of cables and pipes shall be at intervals of 20 feet or less as'
needed.
During the backfill operations, the encountered utilities shall be held up until the backfill
reaches the level at which the utilities were originally buried. At that time the particular utilities
shall be bedded, utility tape placed 18" over the utility, and buried in accordance with the
individual utility specifications. Coordination with the individual utilities for their specifications,
locations, placing the plastic tape over each utility, bedding, and compaction shall be the
responsibility of the contractor.
9.8 SURFACE RESTORATION
9.8.1 GENERAL
Where pavement, curb and gutter, sidewalks, or other improved surfaces have been
removed during the course of the work. such items shall be restored to a condition equal to that
prior to removal. The sub-grade for all restored surfaces shall be thoroughly compacted by
mechanical or hand tam pers, or vibratory rollers, or by other means of compaction acceptable to
the District's consulting engineer to 95% Standard Proctor Density with optimum moisture
content.
[n special cases with prior written approval from the District Engineer, The Aspen
Consolidated Sanitation District will contract directly with the asphalt and concrete contractors
for surface replacement.
9.8.2 STREET IMPROVEMENTS
Paving, signs, curb and gutter, sidewalks or other street improvements destroyed, removed,
or damaged during construction shall be replaced with the same type and dimensions of units
removed and shall be equal to, and consistent with, the undisturbed portions of the
improvements existing prior to the trench excavation.
The contractor shall have responsibility for and shall complete all concrete and
asphalt restoration work according to the requirements of the street or highway department
having jurisdiction. The thickness of all paving shall be the same as the adjacent undisturbed
paving, but shall be aot less than 3 inches. The top 18 inches of backfill material within street
pavement, alleys, driveways, or street curbing areas shall be equal to class 6 road base as
specified in the Colorado Department of Highways standard specification.
9.8.3 ASPHALT REPLACEMENT
Asphalt replacement shall consist of 4" of Colorado State Highway Class E asphaltic
concrete placed in 2" lifts compacted to 95% Standard Density. Gradation and bituminous
content will be tested by a designated testing lab.
The asphalt repaving shall extend 12" outside the excavation on each side to a clean-cut,
square-cornered, vertical edge. All edges shall be trimmed to neat vertical edges.and a tack
coat applied immediately prior to asphalt installation.
All asphalt shall be replaced within 7 days of the trench being backfilled for a complete
job in the City of Aspen or before November 1st as determined by the City, County, or State of
Colorado, whoever has jurisdiction.
Payment for asphalt replacement shall be made only after the body having jurisdiction
accepts the work in writing to the District.
The contractor shall guarantee the trench and asphalt work for two years. If the asphalt
or trench fails, the contractor shall within 24 hours of notification replace the backfill and asphalt
at his expense. If the contractor fails to perform the necessary repair work within 24 hours, the
District or the body having jurisdiction shall do so and a claim shall be .placed against the
contractor's bond.
In special cases as directed by the District Engineer, full width asphalt shall be required.
The asphalt shall consist of 3" of asphalt with an additional 1" over and 12" either side of the
trench excavation
The contractor shall work closely with the representatives from the City of Aspen, Pitkin
County, and State of Colorado to ensure that all considerations have been addressed.
9.8.4 CONCRETE REPLACEMENT
9.8.4.1 GENERAL
The subgrade shall be compacted to 95% density and slightly dampened immediately
prior to the concrete placement.
The reinforcement shall be 6x6 welded wire mesh placed in the center of the concrete.
Expansion joints shall be placed at specified intervals, at the beginning and end, and
against all abutting concrete. Contraction joints. 2" deep, shall be placed in all gutters at
intervals not to exceed 10 feet. Preformed expansion joint filler materia shal be 1/2" thick and
be set vertical and with the top edge set flush with the finished surface. Scoring lines 1/4" deep
shall be constructed in all curbs at the locations of the construction joints in the gutter.
All concrete shall be Portland type 11, 6 sack, 4000~28 day compressive strength, 5 1/2
gat/sack, and have 2" to 3" slum p with 5% air entrainment. The aggregate shall be as directed
by the District Engineer.
The contractor shall furnish, maintain, erect, and remove all forms, and furnish all tools
and labor necessary to do the work.
The concrete shall be spaded thoroughly to eliminate air ~ockets and form a dense,
compacted mass. The concrete shall be troweled smooth and given a brushed finish to match
existing. The concrete shall then be adequately protected until cured.
All waste and debris shall be hauled off immediately, and wash water shall not be allowed
into gutters, sewers, or storm drains.
The District Engineer shall check all work, reject all defective work, and stop all work until
corrections are made. The District Engineer shall check: 1. the forms, grade, subgrade.
alignment and reinforcement; 2. the placement of concrete; 3. the cleanup of the work site.
9.8.4.2 CONCRETE CURB AND GUTTER
The contractor shall replace the curb, gutter pan and compacted base subgrade ~n
accordance with the requirements of the City of Aspen and Pitkin County, and shall obtain and
pay for ali permits required.
9.8.4.3 SIDEWALKS
The contractor shal replace concrete sidewalks and compacted base subgrade ir
accordance with the req Jirements of the City of Aspen and Pitkin County, and shall obtain anc
pay for a/ permits re¢ uired.
9.8.4.4 DRIVEWAY CURB CUTS AND VALLEY PANS
The contractor shall replace concrete driveway curb cuts, valley pans and compacted
base subgrade in accordance with the requirements of the City of Aspen and Pitkin County, and
shall obtain and pay for all permits required.
9.8.4.5 WEAKENED PLANE JOINTS
Weakened plane joints shall be required in sidewalks, curb and gutters, driveways, and
valley pans.
Weakened plane joints shall be straight and transverse in sidewalks not to exceed 10
feet, in curb and 9utters not to exceed 20 feet, and in driveways and valley pans not to exceed
10 feet unless directed otherwise by the District Engineer or as shown on the drawings.
9.8.5 REMOVAL AND REPLACEMENT OF BRICK PAVERS
9.8.5.1 REMOVAL OF BRICK PAVERS
The existing brick pavers shall be removed by the contractor utilizing extreme care so as
not to break, chip, or crack the existing bricks. The removed brick shall be clear'ed and stored
for reinstallation. Any brick pavers which are damaged by the contractor shall be replaced by
the contractor with brick pavers of the same type, size, color and texture as the existing brick
pavers. All replacement brick pavers shall be subject to the final approval of the City of As ~en,
the City Engineer, and the decision of the City Engineer as to the acceptability of the
replacement brick pavers shall be final.
The contractor while working shall not store materials, bedding, or backfill on the mall or
sidewalks that a're surfaced with pavers. The contractor shall haul out and truck in all new
material as required.
9.8.5.2 REPLACEMENT OF BRICK PAVERS
The surface of the compacted class 6 base course shall be graded and contoured so that
after the installation of the 3/4" fine aggregate asphalt setting bed and brick pavers, the surface
of the brick pavers are at the same elevation and contour as existed prior to removal of the brick
pavers. Care shall be given to insure that there is adequate drainage once the brick pavers are
finally set.
The contractor shall use control bars, striking boards, and any other means to ensure that
once set the brick pavers shall be at the proper grade. The 3/4" fine aggregate asphalt shall be
set so as to produce a firm. smooth, and even setting bed. All [ow spots and depressions shall
be filled and the bed rolled with a power roller while the asphalt is hot to a 3/4" nominal depth.
A coating of 2% neoprene-modified asphalt adhesive shall be applied to the surface of
the setting bed to provide a bond under the bricks, and troweled with 1/16" serrated trowel.
Once the adhesive is dry to the touch, the brick pavers shall be placed carefully by hand
in straight aligned courses with 0"-1/4" joints as existed prior to removal.
The newly laid pavers shall be protected at all times by panels of plywood as work
progresses to protect the alignment and avoid depressions. Before sweeping in joint filler the
pavers may need to be rolled with a power roller for additional leveling.
Once the pavers have been set, a joint filler of sand and/or cement as directed by the
District Engineer shall be swept into he joints until the joints have been filled.
Ail stains shall be cleaned and the bricks reswept with sand.
9.9 FINISH GRADING AND CLEANUP
The contractor shall grade the trench line to a smooth grade to effect a neat and workmanlike
appearance of the trench line. Asphalt and concrete shall be saw cut and ready for refinishing.
Boulders, excess asphalt and concrete, excess excavated material and excess backfill which
cannot be placed in the trench backfill shall be collected and hauled to a dump site approved by
the District. off the District's property, easements and rights-of-way. All tools, equipment used
for the work, barricades and temporary structures shall be removed from the site by the
contractor. All excess dirt and rubbish shall be removed, and the construction site left clean.
During each day's work and at the end of each day the work site shall be kept in a similar
neat, clean and professional manner as determined by the District Engineer.
9.10 CONTRACTOR'S RESPONSIBILITY
9.10.1 GENERAL
Aspen/Pitkin County Communications Dispatch, Aspen Police Dept., the Pitkin County
Sheriffs Office, and the Aspen Vol. Fire Dept. shal be notified by the contractor prior to closing
any road or property access and similar notification shall be given upon reopening.
9.10.2 PROTECTION AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTIES
The contractor wilt comply with all applicable laws, ordinances, rules, regulations and
orders of any public body having jurisdiction. He will erect and maintain, as required by the
conditions and progress of the work, all necessary safeguards for public safety and the
protection of property. He will in advance, notify owners of other utilities when the construction
may affect them. The contractor will remedy all damage, ~njury or loss to any property caused,
directly or indirectly, in whole or in part, by the contractor or anyone directly or indirectly
em 21oyed by him or anyone for whose acts he is liable.
The contractor shall provide, erect and maintain all necessary barricades, suitable and
sufficient amber lights, danger signals and detour and other signs, provide a sufficient number of
flagmen, erect necessary fences, and take all necessary precautions for the safety of the public.
The contractor shall be responsible for, make arrangements for, and shall pay for any
and all traffic control that requires the use of uniformed officers.
Partial roadway closure to traffic shall be protected by effective barricades. Obstructions
to traffic shall be eliminated at night. Suitable warning signs, illuminated at night by lanterns
shall be provided by the contractor to mark dangerous places. All lights for this purpose shall be
kept burning from sunset to sunnse.
All traffic control shall be in conformance with state highway, City of Aspen, and Pitkin
County specifications and requirements. Overnight street closures will not be permitted. It will be
the responsibility of the contractor to provide access to properties affected by temporary street
closures and to notify police and fire departments of the time and duration of street closures at
least 48 hours prior to closure.
The contractor shall notify all merchants, businesses, residents, and prooerty owners at
least five days prior to the impending commencement of construction and assist them ~n
rescheduling deliveries, finding and securing alternate areas for their deliveries, finding alternate
parking, and alternate areas for waste disposal that is accessible by trash trucks.
Signs shall be prepared, placed, and maintained throughout the construction schedule to
direct pedestrian or vehicular traffic around the construction area, including the maintenance of
detour signage. All street closures, placement of signs, barricades, and pedestrian walks shall
be coordinated with the Aspen Police Department, Pitkin County SherifFs Department, the City
of Aspen Engineering Dept., Pitkin County Engineer, Roaring Fork Transit Authority, Aspen Fire
Protection District, Aspen/Pitkin County Community Development or the authority having
jurisdiction.
When the need for any barricade or sign no longer exists, it shall be removed. Upon
completion of all work. all remaining construction s~gns and barricades shall be removed.
All natural drainage and road ditches shall be restored to their original condition This
should be done immediately behind the backfill operations in order to prevent surface drainage
from damaging the surrounding properties or the construction work.
The District engineer may, at his discretion, require the contractor to have 24 hour
security on the construction site.
9.10.3 PROTECTION OF SEWER DURING CONSTRUCTION
During construction special precautions shall be taken to prevent earth, rocks, and other
detrimental substances from entering the pipeline. The upstream end of the pipeline shall be
securely plugged each time construction is suspended. Introduction of foreign materials such as
mud, sand, debris, ground water, construction materials, and any other material considered
foreign to a domestic wastewater system shall not be allowed n any Aspen Consolidated
Sanitation District facility. In the event of introduction of such foreign substance, the district
reserves the right to collect from the person or persons responsible, all costs associated with
handling the foreign substance. Such costs shall include, but are not limited to, costs
associated with removing and cleaning and/or repair of facilities, televising costs, treatment
costs, and incidental costs such as engineering and legal fees.
If the contractor should damage the existing sewer lines, manholes or other structures,
he shall immediately notify the District. The contractor shall immediately discontinue all work,
provide by-pass pumping and repair the damage to the satisfaction of the District. All such
costs shall be borne by the contractor.
9.10.4 SAFETY
The safety of all workers and the public shall be the responsibility of the contractor. The
contractor shall take all prudent precautions to protect the public from harm at all times. The
contractor shall conduct all work in accordance with al applicable safety standards, including
OSHA and local regulations.
In accorc ance with generally accepted construction practices, the contractor will be solely
and completely responsible for conditions of the job site, including safety of all persons and
property during performance of the work. This requirement will apply continuously, 24 hours per
day, and not be limited to normal working hours. The District's review of the construction is not
intended to include review of the adequacy of the contractor's safety measures ~n, on, or near
the construction site.
The contractor shall take, use, provide, and maintain al necessary precautions,
safeguards, and protection to prevent accidents or injury to persons or property on, about, or
adjacent to the site of the work in accordance with applicable OSHA regulations. The contractor
shall post danger signs and warnings against any hazards created by the work, He shall
designate a responsible member of his organization on the job. who shall be designated the
competent safety officer. The name of the person so designated shall be reported to the District
in writing. In an emergency affecting the safety of life or of the work or adjoining property, the
contractor, without special instruction or authorization from the District. is hereby permitted to
act, at his discretion, to prevent such threatened loss or injury, and he must take such action if
so instructed by the District Engineer.
Where District personnel are required to perform any type of work, they shall be
responsible for their own safety only. Excavations shall comply with OSHA regulations.
Excavations which are deemed unsafe shall have the unsafe conditions corrected before
ins pections, tap connections, or other work can be performed by District personnel.
9.10.5 PERMITS
Permits and licenses of a temporary nature necessary for the prosecution of the work
shall be secured and paid for by the contractor. The contractor shall give all notices and comply
with all laws. ordinances, rules and regulations of the Citv of Aspen, Pitkin County and the State
of Colorado. A copy of the signed permit and applicable conditioni~ shall be submitted to the
District.
The contractor shall be responsible for any and all damage to persons or property as well
as any fines that may result from his negligence in not obtaining the necessary permits from the
proper authority.
The following permits may be obtained from the following departments:
1 Pitkin County Earthmoving Permit ........... Pitkin County Engineer
2. Business License ..................................... Finance Dept.
3. City of Aspen Right of Way Permits .......... Aspen/Pitkin County Community
Development
4. Pitkin County Road Cut Permit ................ Pitkin Couinty Road & Bridge Departmenl
9.10.6 LAND, ROADS. AND RIGHTS OF WAY
Prior to the start of construction, the contractor shall obtain permission for all land, roads
and rights of way necessary for carrying out the work and for the completion of the work.
The contractor shall provide, at his own expense and without liability to the District, any
additional land and access that the contractor may desire for temporary construction facilities or
for storage of materials.
Any work done in improwng, repainng or maintaining the right of way, access road, or
private land in the performance of the contract shall be at the contractor's expense.
9.10.7 DRAWINGS OF RECORD
It shall be the responsibility of the contractor to obtain as-built drawings which provide
accurate measurements to and depths of all pipe and appurtenant facilities and crossings of
other utilities. No backfilling shall be performed before the required measurements are taken. In
the event that any of the aforementioned items are backfilled without being properly referenced.
it shall be the responsibility of the contractor to re-expose said items. The District will not accept
the project until acceptable as-built information is furnished.
The contractor shall record on the drawings in detail using measured ties in a neat and
legible manner between sewer manholes starting from the nearest downstream manhole as
station 0+00, all construction and subsurface information on a daily basis.
9.10.8 SERVICE INTERRUPTIONS
nterruptions of service may be necessary at certain times during the construction. The
number and length of interruptions shall be keot to a minimum Interruptions shall be limited to
the period between 8:00 A.M. and 5:00 P.M. Monday through Friday, excluding holidays unless
otherwise expressly permitted. The contractor shall notify all persons affected by the service
interruptions nol less than 24 hours in advance either by posting prominent and easily read
signs or by distribution of handbill notices or both as required by the District.
9.10.9 DUST CONTROL
Contractors shall have on site equipment such as water trucks adequate to control dust
from leaving the immediate work site. and for the cleaning of public and private streets.
Contractor shall comply with all applicable state and local "Clean Air Regulations" and shall
secure all Clean Air permits required by law.
Dust control shall be the responsibility of the contractor and as directed by the District
Engineer.
9.10.10 HYDRANT WATER DRAWS
The contractor shall furnish all water for maintaining moisture content for compaction of
bedding, backfill and basecourse, street washing, or other purposes required to complete the
work.
The contractor shall be responsible for obtaining a hydrant- water-draw permit from the
City of Aspen prior to the start of construction. The contractor shall send monthly reports to the
City of Aspen for all hydrant draws, shall make arrangements for payment with the City of Aspen
Water Department and shall comply with all City of Aspen Water Department regulations.
9.10.11 STORAGE AND STAGING AREAS
The contractor shall be res ponsible for obtaining storage and staging areas for materials.
equipment, work vehicles, and the personal vehicles driven by employees. The storage areas
shall not be 'n public streets, alleys, or private property unless the contractor has arranged for
such storage with the property owners or the City of Aspen, Pitkin County and/or CDOT.
9.10.12 EXISTING UTILITIES AND OTHER STRUCTURES
The contractor shall be responsible for and take any necessary action including making
arrangements with the owners and operators to prevent interference with the conditions.
operations, and maintenance of existing power and telephone lines, gas, water, sewer, and
other utilities or installations that may be encountered during construction in a manner
satisfactory to the District, the District Engineer. and the owners and operators of the utilities.
The contractor shall not hold the District responsible for the cost of relocation or repair of
any utility encountered even thougq not shown on the plans or located. The cost of necessary
safety measures relating to each utility, repairs, and other cooperative or corrective work shall
be borne by the contractor and shal be included in the prices bid in the contract documents.
The contractor shall also be responsible for but not limited to cutting and replacing
driveways to their original condition, removing and replacing as necessary culverts and storm
sewers, sign posts, mail boxes fences, utility poles, and any obstructions along the path of the
pipeline.
The contractor shall make all arrangements with any and all utility companies to de-
ener9 ~ze facilities for the safety of all workers, splice in additional cable and/or re-route lines that
may conflict with the sewer line grade and al ~gnment.
9.10.13 CONTRACTORS EMPLOYMENT OF LABOR
The contractor shall indemnify, defend and hold the District harmless from any violation
of the laws of the State of Colorado and the United States relating to Workman's Compensation,
Unemployment Corhpensation. Social Security, and all other conditions of employment.
The contractor shall not employ any person undergoing sentence of imprisonment.
The contractor shall at all.times employ and have on the work site a competent foreman
or superintendent who shall be authorized by the owner to bind the owner in any and all
decisions that may arise with the District Engineer.
Any person employed by the contractor who shall be deemed objectionable by the
District Engineer shall be removed from the work site immediately.
The contractor shall notify in writing the District and the District Eng.~neer of all
subcontractors and the scope~ of their work. The District Engineer shall approve all
subcontractors. The contractor shall be liable for all acts of the subcontractors in and around
the work site.
9.10.14 SALES TAX
The contractor shal be responsible for paying any and all applicable sales tax and for
reporting the same to the District before final payment is made.
9.10.15 SHUTDOWN
Unless otherwise provided for by the District Engineer, by 3:00 PM on Friday of a regular
work week, all trenches shall be backfilled; all equipment, barricades, materials, etc. shall be
removed from streets, alleys, and open spaces and placed in an area mutually agreed upon by
the City of Aspen. Pitkin County, and the District Engineer. Alt backfilled trenches shall be
compacted and prepared for vehicular traffic as directed by the District Engineer and all streets
shal be washed and cleaned of dust and debris. The contractor shall make provisions for,
including but not limited to, periodic site washing with a water truck, and maintenance personal
to repair trenches if settling occurs, etc.
SPECIAL CONSIDERATIONS (ACSD- SECT/ON 'i0)
10.1 WATER AND SEWER LINE CROSSINGS
10.1.1 GENERAL
Sanitary sewer lines or sewer manholes shall be separated at least 10 feet horizontally from
any water mains, water supply wells or other public water supply structures. This distance shall
be measured between the outside edge of each utility.
There shal be no physical connection between public or private potable water supply
system and sanitary sewer systems. Concrete encasements are not allowed.
10.1.2 WATER LINE CROSSINGS
When a water service line or mare crosses a sanitary sewer service line or main, the
water lines shaII be placed above the sewer, if possible. A vertical separation of at leas1 18
inches between the outside of the water main and the outside-of the sewer main shall be
provided. When conditions prevent a vertical separation as described above and a horizontal
separation of 10 feet cannot be maintained, the sewer shall be constructed with a continuous 13
feet of class 180 SDR-26 PVC pipe, centered 6 1/2 feet each side of the water line. (see
drawing ACSD-10).
When a new water main crosses an existing sewer at a point less than 18 inches above
the sewer, replace the sewer line with a 13 foot continuous section of class 180 SDR 26 pipe 6
1/2 feet each side of the water line. Joints of the sewer p~pe shall be equivalent to water
main standards of construction and Shall be pressure tested to assure water-tightness prior to
backfilling. The test shall be conducted according to section 12 of these specifications. Stability
of the water and sewer lines at a point of crossing is critical. ~n as much as leakage of either one
may damage the bedding of the other and thereby result in pipe failure and contamination of the
water line. Bedding material shall be placed and compacted to at least 95% maximum density
modified proctor method, between water and sewer lines at all crossings.
'The contractor shall be required to pot hole the water line 2 manholes ahead of the
excavation to assure thai by placing the sewer line below the water line at least 18" of
separation can be obtained.
10.1.3 SHARED EXCAVATION
When approved by the District Engineer where solid rock formations are encountered.
sewer lines and water lines may be placed in the same excavation with the water line located
above the sewer line.
There must be least a 30 inch' separation of the two utilities. The sewer line must be
constructed with C-900 PVC pipe or approved eqL~al to protect the water pipe.
No sewer service taps shall be allowed into the entire tength of the C-900 sewer line
installed for the protection of the water line.
10.2 STREAM CROSSINGS
10.2.1 GENERAL
All work in "wet" or wetland areas adjacent to streams shall conform to the applicable
provisions of section 14.
The contractor shall be responsible for obtaining any and all permits from the United
States Army Corp. of Engineers when crossing rivers er when the construction area will affect
"wet" or wetlands areas.
The contractor will be responsible for obtaining any and all permits or approvals from
Pitkin County or the City of Aspen when construction is anticipated in floodplain areas or
riparian
habitat.
10.2.2 PIPE AND LAYING PIPE
Al provisions of previous sections shall apply to this section and as follows:
Ali stream crossings shall be constructed of class 52, restrained joint, 40 mil polylined ductile
iron pipe extending into the manholes on each end of the stream crossing. The top of the pipe
shall be laid a minimum of 2 feet below the stream flow line. The pipe shall be adequately
anchored to prevent displacement using stream bed concrete tie downs as instructed by the
District's engineer.
The type and anticipated means of crossing streams and rivers such as coffer dams shall
be reviewed and approved by the District Engineer. While making the stream crossing a plug
shall be placed in the pipe so that at no time during the crossing shall any amount of water be
introduced into the pipe.
10.2.3 GRADE MODIFICATION/DROP STRUCTURES
Drop structures which incorporate large boulders and cobbles in various sizes shall be
placed downstream of the pipe crossing to prevent dis placement of the pipe by the stream flow.
A Hec-2 analysis, plans and profiles shall be designed on both the existing as well as the
new stream profile by the District's engineer.
Permits from the USACE, Colo. DOW, Pitkin County, City of Aspen, and FEMA shall be
obtained prior to the commencement of construction of the drop structure.
10.3 IRRIGATION DITCH CROSSINGS
The contractor shall be responsible for obtaining the consent and co-operation of the
ditch owners and operators to cross under or shut off s irngation ditch to complete the pipeline
under a ditch. A Continuous length of pipe shall be centered under the ditch. When the ditch is
restored to its original sh~ pe, the ditch shall be lined with bentonite as directed by the District
Engineer.
10.4 PATENTS AND COPYRIGHTS
The contractor shall indemnify, defend and hold the District. its officers, agents, servants,
and employees harmless from liability of any nature of kind, including costs and expenses for or
on account of. any kind of copyrighted composition, secret process, patented or unpatented
invention, article, machine or appliance manufactured or used in the performance of this
contract, including their use by the District unless otherwise specifically stipulated in these
specifications.
10.5 AUTHORIZED CONSTRUCTION DAYS AND HOURS
The Aspen Consolidated Sanitation District shall approve the applicants construction
schedule.
Construction will not be allowed in the commercial core. ma~n street corridor, or other
areas as determined by the District from June 1st to September 15th.
Construction shall not be allowed on week-ends, holidays, or long week-ends due to
holidays.
Unless prior notice is g~ven and the applicable additional fees have been paid. work days
of longer than 8 hours will not be approved.
Work shall only be authorized from 8:00 am to 5:00 pm and work shall not be allowed at
night.
Pumps shall not be allowed to run after 5:00 pm. Only tie ins to the gravity flow system
will be allowed unless directed otherwise by the District's engineer.
SEWER TESTING AND ACCEPTANCE (ACSD - SECTION 12)
12.1 GENERAL
12.1.1 VISUAL REVIEW
The following imperfections in the pipe or fittings will cause rejection and removal from
the construction site:
1. Any cracks, umps, blisters pits or flakes on the interior or exterior of the pipe or
fittings.
2. When the pipe varies for more than 3% of its interior diameter.
3. When a pipe or its fittings, designed to be straight, deviates from a straight line
more than 1/16th of an inch per linear foot.
4. When a piece ~s broken from either a bell or spigot.
5. If the integral gasket is missing or has been removed.
The following imperfections in any manhole structure will cause rejection and removal
from the construction site:
1. Any cracks in a barrel or cone section.
2. Any pits, flakes, or lumps in the tongue and groove surfaces.
3. Any cracks, or rough surfaces in the poured in place inverts.
4. Any barrel section that is out of round or not level.
After the line and manholes have been installed, the District Engineer shall check the
grade and alignment to nsure that the pipe has been installed to the grade and alignment as
shown on the construction drawings.
Each section of pipe shall be lamped. The full diameter of the pipe shall be visible when
viewed between consecutive manholes.
Any sags, high points or other deviations from a straight and true grade and alignment
shall be repaired by the contractor to the satisfaction of the District at the contractor's expense.
12.1.2 LINE AND MANHOLE CLEANING
All manholes and pipe shall be thoroughly cleaned and debris removed prior to
performing acceptance tests without water or debris entering the existing system.
If in the estimation of the District Engineer, there is reason to believe that construction
material, tools, or debris has entered the line at any time prior to final acceptance of the sewer
line extension by the District, the District's Engineer shall determine the type and extent of
cleaning necessary. Cleaning shall be performed to the satisfaction of the District at the
expense of the contractor.
~ 12.1.3 TESTING
All testing shal be done in accordance with current accepted methods of the American
Society for Testing Standards(ASTM).
The District highly recommends that the contractor for his own benefit test each section
of line and each manhole before backfilling as the construction progresses. This will normally
save the contractor observation expenses once final testing is performed.
After completing a sewer line extension, including backfill and compaction, but before
surface restoration, the contractor shall furnish all equipment and personnel necessary to
conduct 'a "line acceptance test" using either of the methods specified below. The contractor
shall give 48 hour advance notice of any required tests to the District Engineer, who must
always be present at all testin~c for any line or structure to be accepted by the District. All sewer
laterals, (sewer service lines), that are to be installed at the same time as the main line sha] be
included in any.testing. The service laterals shall be plugged with a removable gasketed cap.
All testing shall be at the expense of the contractor. All water for testing shall be supplied by the
contractor. All pressure gages and water meters used for testing shall bear a current
certification and/or have certification available for the District Engineer at the time of testing.
12.2 LOW PRESSURE AIR TESTS
12.2.1 EQUIPMENT
The Iow pressure air test shall be performed on all PVC or ductile iron pipelines. The
test shal be observed and accepted by the District Engineer. The test eauipment shall meet the
following minimum requirements:
1. Pneumatic plugs shall have a sealing length equal to or greater than the diameter
of the pipe to be inspected.
2. Pneumatic plugs shall resist internal test pressure without requiring extemal
bracing or blocking.
3.All air used shall pass through a single control panel.
4. Three individ.ua~ hoses shall be used for the following connections:
A. From control panel to pneumatic plugs for inflation.
B. From control panel to sealed line for introducing the Iow pressure air.
C. From sealed line to control panel for continually monitoring the a~r pressure rise
in the sealed line.
12.2.2 PIPING AIR TEST
The pipe installation shall be tested with Iow pressure air according to the following
procedure:
1. Low pressure air shall be introduced into this sealed section of line until the internal air
pressure reaches 5 PSi greater than the average back pressure of any g'ound water that may
be over the pipe. At least two minutes shall be allowed for the air pressure to stabilize. After
the stabilization period, the a~r pressure shall be re-adjusted to 5.0 PSI greater than the average
back pressure of any ground water that may be over the pipe.
Air pressure in reaches crossing water lines shall be 10 PSi for the air test.
At no time shall the air pressure in the pipe exceed 10 PSI.
The supply air hose from the control panel shall then be disconnected and the test
commenced.
The time required for the air pressure to drop from 5.0 to 4.0 PSI shall then be measured
by a stop watch.
The District Engineer shall record each air test on each section of pipe installed for the
line extension.
The section of pipe tested will be acceptable if the rate of air pressure oss does not
exceed 1.0 pounds per square inch for 5 minutes.
No sealant may be used in any new sewer construction without the prior approval of the
District Engineer.
Proper precautions must be taken during testing to insure againsl injury to personnel by
not allowing personnel in or above manholes while the line is pressurized.
If the leakage in any reach exceeds the allowable maximum, the line shall be repaired
and re-tested at the contractor's expense. The District Engineer shall approve ali repair
methods. The subsequent re-inspection charge shall be paid for by the contractor.
12.2.3 MANHOLE VACUUM TEST
Manholes shall be vacuum tested. The incoming and outgoing pipes shall be properly
plugged and inflated The testing ring shall be placed on and inflated in the top of the eccentric
cone.
The manhole will be tested to 5.0 in/Hg.
All connections to the compressor shall be removed.
No more than a loss of 1.0 in/Hg will be allowed in 5 mins. for manholes less than 15 feet
deep, or 1.5 in/Hg for manholes 15 feet or greater.
12.3 WATER TESTING
When allowed by the District's Engineer a water test may be performed by the following
methods.
12.3.1 EXFILTRATION TEST
1. An exfiltration test shall be conducted on each reach of sewer line between
manholes and on all manholes. The first line between manholes shall be tested before
backfilling and before any sewer pipe is installed in the remainder-of the work. If the first test is
satisfactory, exfiltration testing may be done after backfilling. Manholes may be tested with the
adjacent pipe reaches.
2. Exfiltration tests shall be conducted by plugging ~n an approved manner all
manhole openings, except those connecting with the reach being tested, filling the line with
water, and measuring the amount of water required to maintain a constant level in the manholes
and lines.
3. Each manhole shall be subjected to at least one exfiltration test. The water level
for the exfiltration test shall be above the manhole cast top joint and above the crown of the
connecting pipe. The maximum water level in the upper manhole shall not be more than 25 feet
above the invert of the lower end of the reach being tested.
4. All manholes and concrete shall be filled and allowed to saturate for at least two
hours before the test begins. The water level shall be brought to the above defined level before
the test begins.
5. The total exfiltration shall not exceed 50 gallons per inch of nominal diameter per
mile of pipe per day for each reach for at least two hours and as much longer as necessary, in
the opinion of the District, to locate all leaks.
12.3.2 MANHOLES ON PVC LINES
Ail incoming and outgoing sewers shall be suitably plugged prior to filling the manholes
with water. The manholes shall be filled to the nm of the manhole top casting. The concrete
shall be allowed to saturate for least two hours. The water level shall then be brought back to
the rim of the manhole top casting. The amount of water required to refill the manhole shall be
measured as the manhole is refilled at the end of the test The depth of the manhole shall be
considered as the in-place measurement between the invert of the sewer and the rim of the
manhole top casing. This depth measurement multiplied by the allowable leakage rates of 0.08
/,..,,gal/ft for 4 foot diameter manholes and 0.01 gal/fl for 5 foot diameter manholes yields the
maximum allowable amount of water required to refill the manhole at the end of a two hour test.
Any noticeable leakage after I hour shall be repaired in a manner acceptable to the ACSD
Engineer.
12.4 INFILTRATION TEST
n general, professional installation of the sewer extension should not allow any amount
of infiltration under any circumstances, and shall not be allowed by the Aspen Consolidated
Sanitation District.
However, if in the estimation of the District Engineer, unusual circumstances arise that a
certain amount of infiltration cannot be avoided, the following specifications shall be adhered to:
If, in the construction of a section of the sewer between manholes, excessive ground
water is encountered, and the 5 foot additional pressure required cannot be obtained, the test
for exfiltration shall not be used. Instead, the test for infiltration shall be used. The test shall be
conducted by plugging the end of the sewer at the upper manhole to prevent the entrance of
water. Pumping of ground water shall be discontinued for at least three I3) days after which the
section shall be tested for infiltration. The infiltration shall not exceec 50 gallons per 24 hours
per inch of diameter per mile of sewer being tested, not including the length of service laterals
entering that section.
Where any infiltration in excess of 50 gal/24 hr/inch/diameter/mile is discovered, before
completion and acceptance of the sewer, the amount of infiltration shall be reduced to a quantity
within the specified amount by approved means at the expense of the contractor. Before the
~-~ sewer is accepted, the infiltration shall be less than the specified amount. The contractor shall
stop any individual leaks that may be observed when ordered to do so by the District Engineer.
The contractor shall furnish all labor and materials for making the tests required. All tests must
be con: pleted before the trench is backfilled and/or street is resurfaced.
If, dudng the period of two years frdm placing the sewer in service, infiltration exceeds 50
gallons per inch of nominal diameter per mile of sewer per day, the contractor shall locate and
repair the leaks as necessary to control the infiltration. Flow measurement may be determined
by collecting the discharge into a volumetric measuring container, weir, or other approved
method by the District Engineer.
12.5 DEFLECTION TESTING
Normally, any vertical or horizontal deflection shall not be allowed n a new main sewer
line extension in the Aspen Consolidated Sanitation District. However. if in the estimation of the
District Engineer, unusual circumstances arise where a certain amount of deflection cannot be
avoided, the following specifications shall be adhered to:
After backfilling is complete, and prior to acceptance of the work, each reach of PVC
sewer shall be checked for excessive deflection by pulling a mandrel through the p~pe. The
mandrel shall be designed and sized for each size of pipe. The mandrel diameter shall be 95%
of the nominal inside pipe diameter and shall be at east 1.5 pipe diameters in length. The
mandrel shall be constructed with an odd number of runners placed parallel to the p~pe center
line and equally spaced around the perimeter of the mandrel. Mandrels for 8 inch pipe shall be
constructed with at least 9 runners, and more runners shall be utilized for'larger pipe s~zes.
Pulling of the mandrel shall be by hand. No mechanical equipment can be used in the pulling of
the mandrels. Test mandrel shall be furnished Dy the contractor. All test equipment, calibration
data and procedures shall be subject to the approval of the District Engineer.
Ring or diametric deflection of the installed pipe shall not exceed 5% of the design
internal diameter of the pipe. Pipe sections that restrict free passage of the mandrel shall be
removed and replaced or excavated, rebedded, backfilted and retested. All such repairs,
replacement, remedial work and retesting shall be at the contractor's expense.
The deflection test may be conducted concurrently with the T.V. inspection of the pipe
interior, subject to approval by the District Engineer.
12.6 T.V. INSPECTION
12.6.1 T.V. EXISTING LINES TO BE REPLACED
The contractor shall be required to televise ail sewer mains proposed for replacement
and/or relocation prior to commencement of construction to locate and record all sewer service
taps. The camera can be sent through the line with the asssistance of a high pressure sewer jet
machine with the water turned on to dewater the sewer line so as to be able to see each tap that
may be ~n a Iow area. A copy of the log record and video tape shall be provided to the District
prior to starting the work on each section of line to be repalced.
12.6.2 T.V. ALL NEW SEWER MAINS
All new sewer lines to be accepted by the District for ownership and maintenance shall
be televised by the Aspen Consolidated Sanitation District.
The lines shall be televised when the District has been notified by the contractor that all
work on the main sewer line installation is complete, The main sewer line shall be re-televised
before the expiration of the contractors two year maintenance bond.
The contractor shall bear all costs incurred in correcting deficiencies found during the
T.V. inspection, including the cost of additional T.V. inspection required to verify correction of
noted deficiencies.
12.7 COMPACTION TESTS
Density tests of the compacted trench backfill shall be,performed by a Registered
Professional Engineer experienced in soils analysis and soils testing.
The District will pay for and contract separately with a geotechnical firm to perform the
compaction tests. If the compaction tests do not pass the first time, all retesting shall be at the
contractor's expense.
The density tests shall be taken at maximum 200 foot intervals along the entire length of
the pipeline, at services, manholes and at other locations as specified by the Distdct Engineer.
One-half of the tests shall be.taken after the trench has been fully backfilled and compacted.
One-half of the tests shall be taken at an elevation midway between the top of the pipe and the
finished ground surface. The contractor shall comply with the geotechnical engineer's
recommendations.
Any area not meeting the compaction requirements, as stated, shall have the backfill
removed, reinstalled, and retested, all at the expense of the contractor.
12.8 ACCEPTANCE
The contractor shall be responsible for any damage to materials or completed portions of
work until the entire project is finally accepted by the District.
The contractor shall deliver the completed project to the District free from any and all
claims whatsoever.
After ail required tests and inspections have been ,~erformed with satisfactory results, the
manager of the Distdct will issue a "letter of acceptance" for the facilities.
Final payment shall not be made to the contractor until all terms of the contract has been
met.
12.9 GUARANTEE
The contractor shall provide the District and/or Owner at the discretion of the District with
a maintenance bond for all labor, materials, and equipment furnished and work performed for a
period of two (2) years from the date the District issues a "letter of acceptance". The contractor
shall warrant and guarantee for a period of two (2) years from the date of District issuance of a
"letter of acceptance", that the system is free from all defects due to faulty materials or
workmanship and the contractor shall promptly make such corrections as may be necessary by
reason of such defects including the repairs of any damage to other parts of the system
resulting from such defects. The District wil give notice to the Owner of observed defects with
reasonable promptness, n the event that the contractor should fail to make such repairs,
adjustments, or other work that may be made necessary by such defects, the District may do so
and charge the contractor the costs thereby incurred.
CONSTRUCTION OBSERVATION (ACSD- SECTION
13.1 CONTRACTOR QUALITY ASSURANCE
The contractor must have a qualified competent construction supervisor, who must certify
that the lines were installed per drawings and specifications and certify the results of the
acceptance tests. The contractor shall be responsible for certifying the unit quantities of all
material and labor.
13.2 DISTRICT ENGINEER QUALITY ASSURANCE
In addition to any construction supervision required by the contractor, the District shall
designate a construction observer from the Aspen Consolidated Sanitation District's consulting
engineering firm who shall observe the installation of all sewer facilities which are to be
connected to the District sanitary sewer utility. The representative of the District's consulting
engineering firm shall ascertain that [he Districl standarcs are met and that the system is
constructed in conformance with the plans, drawings and specifications. The cost of such
observation shall be borne by the contractor. No work shall be done or materials used without
being observed by the District Engineer or his duly authorized representative. During
construction where ground conditions or other factors reveal that modifications to the plans,
drawings, and specifications are in the best interests of the Aspen Consolidated Sanitation
District and in the interest of diligent prosecution of the work, the District Engineer shall inform
the contractor and/or its representative of the changes that shal be required in the work. All
work performed thereafter shall be at the contractor's expense. The District's consulting
engineer observer shall report in writing all deficiencies in the construction including materials
and workmanship to the construction superintendent and the District Manager. Failure to
construct sewer facilities q accordance with the approved plans and specifications wil result in
non-acceptance of the facilities by the District. Facilities which have not been accepted by the
District shall not be connected to the District's system until all deficiencies are corrected.
Al materials and workmanship shall be examined for compliance to District
specifications. The District Engineer shall have the right to reject defective materials and
workmanship or require its correction. All observation for testing procedures shal require 24
hours advance notification. All observation shall be done in a timely manner. The additional
cost of observation due to delays or corrective action shall be borne by the contractor.
The District Engineer or duly authorized representative shall not be responsible for the
contractor's construction procedures nor for the engineering specifications designed by others.
13.2.1 OVERTIME OBSERVATION
The normal work time is Monday through Friday, 8 hours per day, 40 hours per week.
The contractor shall be responsible for overtime observation fees including travel time required
by the contractor working additional hours per day or days per week, for observation required to
correct problems, for re-inspection due to initial testing that does not pass, and for observation
needed beyond the construction completion time. The District Engineer shall be solely
responsible for determining what observation is done on an overtime basis.
13.3 DISTRICT RESPONSIBILITY
At no time shall the District or its representative be responsible for the quality or
execution of the work or the safety of the worksite. All such responsibilities shall be borne by
the contractor. The sole purpose of the District's observation of construction is to ~nsure that the
construction complies with the District's rules and regulations, plans and specifications.
Approval by the District is not intended and shall not be interpreted as guaranteeing the
construction of the project and the District shall not be responsible for any damages adsing out
of the construction of the project.
13.4 CONTRACTOR RESPONSIBILITY
The contractor's designated competent representative shall have responsibility for
reporting all construction deficiencies to the District Manager and the District Engineer. At no
time shall the District or its representative be responsible for the quality or execution of the work
or the safety of the worksite. All such responsibilities shall be borne by the contractor.
The contractor shall furnish an assistant or assistants to the Engineer for staking out the
sewer line project, n addition, he shall furnish an assistant to the District Engineer for
inspection, testing, and lamping of the sewer main if assistance is required.
OFF ROAD CONSTRUCTION ~ACSD-ECTION
14.1 GENERAL
All Off-road construction shall be undertaken with extreme care to minimize environmental
impacts. As directed by the Distdct Engineer, all necessary measures to minimize erosion and
damage to existing vegetation shall be employed by the contractor. The contractor shall restore
all areas effected by construction to preconstruction conditions or better.
14.2 GUIDELINES FOR MINIMIZING EROSION OR ENVIRONMENTAL IMPACTS
14.2.1 EQUIPMENT
Equipment shall be used that ~s appropriate to the task and the terrain as approved by
the District Engineer.
14.2.2 CONSTRUCTION N WETAREAS
When the surface is wet. construction activity should be limited to "low impact tasks".
Permanently wet areas shall be circumvented when possible.
Water Bars and possibly contour trenching, should be constructed as needed in order to
disperse discharges of groundwater and to prevent excessive concentrations and erosion.
Construction activity should not encroach upon streams or other water bodies. A buffer strip
shall be required to reduce the risk of pollution. Methods consistent with established Pitkin
County standards shall be employed.
Bales of hay and mirafi fabric shall be used where surface water or groundwater is being
directed to a stream or river to minimize the suspended solids that are discharged to the
receiving water.
14.2.3 ACCESS ROADS
Roadway ruts tend to concentrate potentially hazardous heads of water. Ruts should be
avoided; but if they occur, immediate repair is required. Discharge points shall be controlled to
prevent high velocities and flows which may cause erosion and silting in streams.
14.2.4 CONSTRUCTION ON SLOPES
Wherever steep slopes or banks present serious problems such as slumping or mass
movement, rip-rapping, cribbing or other stabilization procedures shall be employed as required
by the District Engineer.
14.2.5 EROSION CONTROL
All attempts shall be made to control soil erosion by maintaining existing cover wherever
possible. During dry conditions, measures shall be taken to avoid fire hazard and wind erosion.
Erosion control bars shall be required at the direction of the D!strict Engineer. All erosion control
shall be n place before commencement of construction and maintained through the
revegetation phase of the construction.
14.2.6 POLLUTION CONTROL
The applicant shall maintain adequate measures to completely prevent the pollution of
adjacent property, storm drains, or natural or man made watercourses by sewage,
sediment caused by erosion, phosphorus, debris, oil, grease or other sources of pollution
caused by the construction of the facilities. All measures shall be "the best possible" and shall
conform to all applicable standards, n sensitive areas the District may require submittal of an
"erosion control plan" with the plans for construction.
In order to minimize air pollution levels at the job site. equipment that is not performing
any work shall not idle more than 5 minutes according to City of Aspen and/or Pitkin County
regulations.
14.3 CLEARING
Clearing for construction shall be held to a minimum. All sewer line alignments which
may create a "visual corridor" should contain one or more offsets as necessary to prevent a
clear line of sight through a previously vegetated area.
IT keeping with the overall objective of minimizing impacts and preserving natural
resources, the following general requirements are made relative to the process of clearing
natural vegetation:
1. Some clearing will be necessary for engineering and construction. All clearing
should be done selectively, especially for temporary needs such as surveying.
2.Ail trees which pose a hazard to construction or the sewer line shall be removed.
3.All clearing operations shall be performed with the greatest care.
4. As trees are dropped, bucked, and removed, damage to remaining vegetation is
not permitted. All damage to existing trees shall be carefully repaired. Whenever
possible, stumps should be cut flush to the ground.
5. All provisions that are required by the City of Aspen or the County of Pitkin in the
permitting process shall be strictly adhered to by the contractor.
14.4 SEED SOURCES
The recommended procedure is to use a mixture of native and related grass species. A
mixture shal be used in order to avoid the unnatural appearance of a single species, to avoid
crop failure due to' a cause which might affect a single species, and to provide a broader range
of environmental adaptation. The contractor shall use a base mixture as required by the City of
Aspen, Pitkin County or the State of Colorado.
14.5 APPLICATION RATE
The seed mixture should be applied at the rate of 75 pounds per acre excluding any other
seeding.
14.6 SEEDING
The best approach, without further resource damage, will likely be achieved by the use of
hand-held seeders, incorporation should be accomplished by rakes. Where possible a seed drill
shall be used as determined by the District Engineer.
14.7 PLANTING TIME
Early spring and late fall are the preferred planting times. However, given the objective of
immediate stabilization, other times should be considered, This decision cannot be made by the
District Engineer until the construction schedule and scope of re-vegetation needs are known.
14.8 PLANTING OF OTHER SPECIES
A mixture of dry and moist wildflower seed mix will also be required in most areas. The
application rate of the wildflower mix will be determined on a case by case basis as determined
by the District Engineer.
If natural vegetation is other than grass, attempts shall be made to restore these species.
Over seeding may be required, in areas where tree cover has been removed, potted stock of
native tree species shall be used. Plant density and arrangement shal be determined by the
District Engineer. Trees shall not be planted within 8 feet of the center line of the sewer.
14.9 MULCH
Ali disturbed areas shall be mulched following seeding and other planting. Mulching
can be accomplished with a hydromulcher, strawblower, or spreading of straw. The Distdc!
Engineer may require the straw be lightly crimped and covered with a secured biodegradable
net. The District Engineer may also require an erosion control mat at his discretion.
14.10 RESEEDING
If the initial seeding and other revegetation does not produce results satisfactory to the
District, the Pitkin County staff, or the City of Aspen, subsequent reseeding will be required at
the contractor's expense.
14.11 GUARANTEE AND BONE)lNG
When required by the permitting process or the District, the contractor shall guarantee
the revegetation by posting a separate bond for a three year period.
SECTION 15 LIFT PUMPS, FORCE MAINS AND SIPHONS
15.1 GENERAL
Lift stations, force mains, and siphons are not allowed in the Aspen Consolidated
Sanitation District's collection systems.
Service lift stations shall be the sole responsibility of the owner of the facility. The District
accepts no responsibility for and will not maintain se 'vice lift stations, siphons, or force main
pipelines.
SEWER SERVICE LINES (ACSD~ SECTION
16.1 DEFINITION
A service line is a sanitary sewer line extending from a building to the main sewer line.
The service line ~s owned and maintained in its entirety including the actual tap (the connection
tee or wye and service fitting) by the property owner. This section is only provided to
recommend pipe sizing, pipe materials and methods of installation for the service lines.
16.2 GENERAL
All new or replacement service lines and appurtenant fittings installed in areas to be
serviced by ACSD should conform to the following minimum standards. All such new or
replacement lines shall service a single building.
16.3 LINE LOCATIONS
Prior to the start of design, all parties wishing to construct a service ine should contact
the District to have an on site 3spection to determine in the best interest of both the owner and
the District, the best location for the service and point of connection to the main sewer line.
16.4 TAP FEES AND PERMIT
The owner or his representative must submit a set of plans for the property that is to be
serviced to the District office for the purpose of determining the tap fees and the issuance of a
tap permit.
The plans shal show the number of bathrooms, bedrooms, kitchens, the total square
footage of the building, and the total number and type of all fixtures that will drain to the sanitary
sewer.
The District will not allow any connection to the District's collection system until all tap
fees have been paid by the property owner.
16.5 PIPE SIZING AND MATERIALS
Service lin'es should be sized in accordance with the fixture unit method as outlined in the
1982 Uniform Plumbing Code or the most recent revision.
Sewer service lines are required to be a minimum of 4 inches in diameter.
The following are minimum slopes for service lines:
MINIMUM PIPE SLOPES
SEWER SIZE %
4" 1.0
6" 0.8
SDR 26 PVC sewer pipe and fittings is recommended. The longest available lengths of
pipe should be used and all pipe joints should be assembled using a non-petroleum non-toxic
lubricant.
Rubber gasket jointed pipe is recommended [hat will be jointed by means of an integral
bell formec with a race designed to accept a gasket. The spigot end will have a 7 1/2 degree
bevel and "stop mark" on the outside diameter to indicate proper insertion depth. Where
there is a good chance that a significant amount of ground water may be encountered the
Aspen Consolidated Sanitation District may require the owner to install C-900 PVC pipe.
16.6 INSTALLATION
16.6.1 HANDLING
Pipe, fittings, and all appurtenances should be transported, stored, and handled n a
manner that prevents damage. Plastic pipe should be stored in a shaded area to prevent
thermal expansion and warping. Material should not be dropped, rolled or skidded improperly.
Material with coatings or linings should be handled in such a manner as to not damage the
protection. Any damage found to materials that cannot be repaired should be returned to the
supplier.
16.6.2 CLEANING
The interior and gasket surface should be keep clean before and during installation. No
debris, water or any other foreign material should be placed 'n or allowed to enter the system.
When work is stopped or whenever necessary to protect the system, a proper plug should be
fitted in the end of the pipe to keep any foreign material from entering the system.
16.6.3 LAYING PIPE
Pipe should be laid to as straight and true alignment and grade as possible. Latera or
vertical deflection or displacement should be held to a minimum. No pipe should be laid
underwater or in unsuitable weather and trench conditions. Pipe needs to be laid with the bell
ends facing upstream. Cutting pipe should be done in a workmanlike manner without damage
to coatings or linings, leaving a smooth edge and beveled when req aired.
16.6.4 JOINTING of PIPE
Pipe ends, gaskets, and spigot should be thoroughly cleaned and lubricated with a non-
toxic lubricant. All pipe and fittings should be assembled in accordance with manufacturer's
recommendations and checked for proper installation.
16.6.5 INSULATION
Minimum cover is recommended to be 5 feet in frost-free areas and 7 feet in areas where
the frost is a significant concern. Where these minimum covers cannot be attained, 2" blue
board insulation should be used for each 2 foot of inadequate cover. A box on top and on both
sides should be constructed with adequate gravel as bedding. See drawing ACSD-12.
16.6.6 BEDDING
Bedding and backfill material should be no larger than 3/4 screened rock placed at least
4" below the pipe so as to provide continuous bearing for the pipe. The same material should
then be brought up to 6" above the top of the pipe.
Clay dikes should be installed every 100 feet in areas where inflow or infiltration is a
significant concern. The clay should be placed in the same area as the bedding material with an
additional 6" on top and the clay should be compacted in 6" lifts with adequate compactio~
equipment to 95% modified proctor density. Native material should not be used as bedding or
backfill material within 6" of the sanitary sewer pipe.
16.7 CONNECTIONS TO SEWER MAINS
All 4" or 6" service connections to ACSD ma~n sanitary sewer lines shall be made by
District personnel after the ACSD main line has been exposed and prepared by the excavating
contractor to the satisfaction of the District personnel preforming the tap. The trench shall be
prepared according to OSHA regulations with adequate protection for the safety of all workers.
District personnel shall have sole authority to determine if the trench is safe to enter. Service
line taps of 4" and 6" shall be made using PVC saddle tees placed at a 45 degree angle to the
main sanitary sewer using a water tight rubber seal and stainless steel clamps. New main line
construction will use in-line "wye" fittings located at a 45 degree angle to the main line. The
contractor must record the connection invert elevation and distance from the nearest
downstream manhole. The end of the stub-out must be measured from each adjacent manhole
with swing ties. This information must be recorded on the record drawings.
All plans for service connections of 8" or larger will need prior approval by the District and
be made by the owner's contractor and subsequently inspected and accepted by the District.
Service connections of 8 inches or larger will require the installation of a manhole,
Taps into manholes are not allowed. Taps made by connection to a stubout shall be
~nspected prior to backfilling.
16.8 CLEANOUTS
All sanitary sewer service lines should have a cleanout every 150 feet. every change 'n
direction requiring horizontal or vertical bends, and within five feet of the building, All cleanouts
should be adequately protected in both improved and unimproved areas to prevent breaking or
damaging the cleanout. The top should be plugged with a water tight plug. If the top of the
cleanout is to be buried, a cast iron plug or top should be used to facilitate locating the cleanout
in the future.
16.9 INSPECTION
The District wilJ make recommendations on the placement and construction of private
service lines, and reserves the right to inspect the line during construction. However, the District
s not responsible for the construction, workmanship, or maintenance of the service line. The
District reserves the right to not allow connection if the service line does not meet District
guidelines.
District personnel will inspect the connection to the ma~n line including the backfill and
compaction.
The owner is responsible for the installation of the rest of the service tine according to the
latest uniform plumbing code.
16.10 SUBMITTALS AND AS-BUILTS
On larger projects the Aspen Consolidated Sanitation District may req uire the owner of a
property to submit to the District for review:
1. Site Plan. The submittal should contain a scale drawing of the property completely
dimensioned showing existing and proposed contours, location of existing or proposed retaining
walls, water supply lines or wells, paved areas, property lines, building envelope, the location of
the building sewer service, the proposed tie-in to the ACSD ma~n sewer, the location of dry
wells, the roof and footer drains, and any other structures or information that may be required to
adequately describe the project. The plans shall show the number of bathrooms, bedrooms,
kitchens, the total square footage of the building, and the total number and type of all fixtures
that will drain to the sanitary sewer.
2. As-Built. An as-built drawing shall be made showing the service line with "swing ties"
from two permanent locations to all clean-outs, to the connection to the main line, and to the
connection at the building for future reference.
16.11 SHARED SERVICE LINES
No services common to more than one structure will be allowed without the prior written
approval of the ACSD Board of Directors or [heir authorized representative, the District
Manager.
A standard ACSD shared service agreement or acknowleagement shall be executed by
the responsible parties and recorded prior to the District allowing a shared service connection to
the District's main sanitary sewer collection system.
16.12 OIL/GREASE & OIL/SAND INTERCEPTORS
16.12.1 OIL/GREASE INTERCEPTORS GENERAL
Because of the impact of grease and oil on the District's lines and treatment plant, grease
and oil interceptors are required on establishments preparing or serving food. As of June 13th,
1983, interceptors must be installed on any establishment undergoing a significant remodel and
at the time of construction of new establishments.
All grease interceptors shall be new and the interceptor and its installation shall be ~n
conformance with the latest edition of the Aspen Consolidated Sanitation District Oil and Grease
Removal Regulations. Figure ACSD-11 illustrates a typical grease interceptor.
Grease Traps have been permitted for establishments existing prior to the 13th day of
June, 1983.
16.12.2 REQUIREMENTS FOR GREASE/OIL INTERCEPTORS
An approved grease/oil interceptor complying with the provisions of this section shalJ be
installed in the waste line from a I fixtures in the kitchen area including floor drains that run to the
sanitary sewer from any food processing establishments including but not limited to:
restaurants, cafes, lunch counters, cafeterias, bars and clubs, bakeries, caterers; hotels,
hospitals, factory or school kitchens, or other establishments where grease may be introduced
into the drainage or sewage system. A grease interceptor is not required for individual dwelling
units' or for any private living 6 uarters.
16.12.3 SPECIFICATIONS AND PROCEDURES
1. Plans shall be submitted to and approval obtained from the District prior to the
installation of any grease/oil interceptor. Plans shall be in compliance with District Rules and
Regulations.
2. Each grease/oil interceptor shall be vented as required by the uniform plumbing
code.
3. Each grease/oil interceptor shall be installed and connected so that it shall be at all
times easily accessible for inspection, cleaning and removal of the intercepted grease.
4. Interceptors shal be maintained in efficient operating conditions by periodic
removal of the accumulated grease. No such collected grease shall be introduced into any
drainage pip~ng, public or private sewer and it shall be disposed of in an enwronmentally safe
manner.
5. Each interceptor shall be constructed of durable material satisfactory to the District
and shall have a full size gas tight cover which can be easily and readily removed.
6. The District may require such tests as may be necessary to determine the volume
of grease/oil 2roduced by the eStablishment. Test requirements may be revised or modified
from time to time as may be deemed necessary by the District.
7. The capacity of the grease interceptor shall be based on 5 gallons per seating unit
of the establishment including the bar seating area.
8. The minimum size of grease interceptor shall be 300
gallons.
9. Unless otherwise re(]uired by the District, the food waste disposal unit shall be
connected to the interceptor.
16.12.4 iNSPECTION
The District shall have the right to enter the premises of all establishments having grease/oil
interceptors for the purpose of inspecting the installation, operation and/or maintenance of the
grease/oil interceptor. Grease/oil interceptors which are not installed, in an acceptable manner,
so that grease and oil is efficiently and continuously removed from wastewater, will not be
approved by the District. Owners of grease/oil interceptors that are not operated and
maintained, as required to efficiently remove the grease/oil, shall be assessed a surcharge by
the District and tee uired to propedy maintain the grease interceptor as a condition for continued
service.
16.13.1 OIL/SAND INTERCEPTORS GENERAL
Because of the impact of sand and oil on the District's lines and treatment plant, sand
and oil interceptors are required on establishments for the storage or maintenance of vehicles.
As of June 13th. 1983, interceptors must be installed on any establishment undergoing a
significant remodel and at the time of construction of new establishments.
All interceptors shall be new and the interceptor and its installation shall be in
conformance with the latest edition of the Aspen Consolidated Sanitation District Sand and Oil
and Regulations. Figure ACSD-13 illustrates a typical oil and sand interceptor.
16.13.2 REQUIREMENTS FOR OIL/SAND INTERCEPTORS
Oil and sand interceptors are required for all vehicle maintenance and storage
establishments including gas stations, bus barns, parking areas and structures, vehicle service
stations and repair shops or other establishments where oil, antifreeze, or sand may be
introduced into the sanitary sewer.
16.13.3 SPECIFICATIONS AND PROCEDURES,
1. Plans shall be submitted to and approval obtained from the District prior to the
installation of any oil/sand interceptor in any establishment set forth in subsection 16.2.1. Plans
shall be in compliance with District Rules and Regulations.
2. Each oil/sand interceptor shall be vented as required by the uniform plumbing
code.
3. Each oil/sand interceptor shall be installed and connected so that it shall be at all
times easily accessible for inspection, cleaning and removal of the intercepted oil and sand.
4. Interceptors shall be maintained in efficient operating conditions by periodic
removal of the accumulated oil and sand No such collected oil and sand shall be introduced
into any drainage piping, public or private sewer and it shall be disposed of 'n an
environmentally safe manner.
5. Each interceptor shall be constructed of durable material satisfactory to the District
and shall have a full size gas tight cover which can be easily and readily removed.
6. The District may require such tests as may be necessary to determine the volume
of oil and sand produced by the establishment. Test requirements may be revised or modified
from time to time as may be deemed necessary by the District.
7. The size of an oil/sand interceptor shall be based on .15 GAL/sq. ft. of shop or
storage area.
8. The mimmum size of oil/sand interceptor shall be 300
gallons.
16,13.4 INSPECTION
The District shall have the right to enter the premises of all establishments having oil and
sand interceptors for the purpose of inspecting the installation, operation and/or maintenance of
the oil and sand interceptor. Oil and sand interceptors which are not installed, in an acceptable
manner, so that the sand and oil is efficiently and continuously removed from wastewater, will
not be approved by the District. Owners of oil and sand interceptors that are not operated and
maintained, as required to efficiently remove the oil and sand shall be assessed a surcharge by
the District and required to propedy maintain the grease interceptor as a'condition for continued
service.
20.1 REPAIR-MOBILIZATION CHARGES
A mobilization fee of $100.00 will be charged to any party that is responsible for
damaging a District main sewer line while excavating near a District owned collection line in
addition the time and materials charged to make a repair and perform any cleaning as
necessary.
These fees will be credited to the small tools category of the expense budget to offset the
cost of replacement of tools required to perform the repair and cleaning of the District's main
sewer lines.
20.2 ADDITIONAL TAP FEE CHARGES
A tap that takes more than one and one-half hours to complete due to an contractor's
inability to properly prepare the trench, propedy expose the main sewer line and/or schedule the
work in a timely manner in the opinion of the District Superintendent or Foreman, the District will
charge the responsible party an additional houdy charge for labor, which is currently (1-1-95) set
at $35.00 per hour and any fraction of the hour.
CONTRACTOR'S QUALIFICATION STATEMENT
City of Asoen, Colorado
Project Number: ~?~ ~ - ~ /~,
Firm Name, Contact Person, Business Address, Telephone Number: Year present firrr Date this form
Basalt Construction Company was established:was Prepared:
PO Box 110 1970 6/27/02
Silt, CO 81652 Type of ownership: [Check only one)
(970) 876-5944 (888) 339-6766 SmallBusineesX
Minority Owned
.. Women Owned
Name, title, an(: position of not more than two principals to contacT:
a~4ichael Lyon, President
b~elly Lyon, Vice President
List related proiect examples within the last 5 'ears: (You may attach addifional shebt$, if necessaO,]
Project name, bcation & brief description Owne#s name. address & Cost of work Date
telephone (X$1,000) completed
01. Third Street Streetscape Town of New Castle
(970) 984-2311 143 2002
02. Bike Trail Town of Silt
(970) 876-2353 58 2002
03.
Two Soccer Fields Town of Silt
04. Signal Lights - Main & Galena City of Aspen
(970) 920-5060 108 2001
05. East Durant City of Aspen
(970) 920-5060 243 2001
06. Main Street, Smuggler Hwy 82 Citv of Aspen
(970) 920-5060 202 2000
08.
Bank references, contact person, teleph0ne number:
a) WestStar Bank John Pattillo (970) 945-7477
b)
c)
Trade references (material suppliers, sub-contractors, etc.), conIac~ person and telephone qumber:
a) Grand Junction Pipe, Fred Derby, (970) 963-5700
b/ Dodson Engineered Products, Dave Dodson (970) 945-2233
c) Mas=er Petroleum, Glen McPherson- (970) 87~-2301
Sending Company and insurance Company's name, Agent's name. Describe current bonding capacity & liability
insurancec0verage: Glenwood Insurance Agency
Bryan Avery (970) 945-9161
I hereby certify that the above Qualification Statement is accurate and true. I hereby authorize the City of
Aspen to contact any and all of the persons/firms listed above to obtain further informati/o~ regarding the
oualifications of my firm.
Kelly Lyon Vice President
BID. PROPOSAL FORM
Project No.: 2002-015
BID DATE: July 1, 2002
PROJECT: Pedestrian Safety Improvements & Utility Construction Project
PROPOSAL SUBMITTED BY: ~x-~-I-I~x~'zof2- f-- % ~--~r,,I~T(Z.,3 c_'l-t c~t,,J ~,O~__..
(CONTRACTOR)
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without
collusion or connection with any other person or persons bidding for the same work, and that it is made in
pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid
and request for bid, all the requirements of the bid documents including the plans and specifications for this
bid, all of which have' been read and examined prior to signature. The bidder agrees to keep this bid open
for $/xty (60) consecutive calendar days fi.om the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-construction
conference held by the Engineering Department, which also constitutes the Notice to Proceed. Submission
of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will firfish
construction within the time specified in the Special Conditions of this contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to
the City, to waive any informalities or to reject any or all bids.
The City hall not pay the Contractor for defective work and/or for repairs or additional work required for
successful completion of the project. All work not specifically set forth as a pay item in the bid form shall
be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection with
furnishing the proper and success completion of the work, including furnishing all materials, equipment and
tools, and performing all labor and supervismn to fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be removed
immediately and replaced properly at no cost to the City.
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The
basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees
[o make no claims for damages, anticipated profit, or otherwtse on account of any differences between the
amount of work actually performed and materials actually furnished and the estimated amount of work.
The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid
anit price and up to plus or minus Twenty Five (25) Percent of the total bid.
I hereby acknowledge receipt of ADDENDUM(s) numbered' / through .. [
BP1-2001-O26.doc *BP1 Page 1
~-"-6~t racto r*sq~itials
ESTIMATED BID QUANTITIES
UNIT TOTAL
BID ITEM DESCRtPTION UNI_T. ~ PRICE COST
Mobilization & Demobilization LS One $ $ ~ ~C~ --
Traffic Management LS One $ $
Sawcut Pavement - Full Depth LF 2,185 $
Remove Conc. C&G or Drain Pan LF 811 $, -~ °~ $. ~,(~ '5 ~
Remove Conc. Sidewalk SY 91 $.
Remove Bush Cluster EA 2 $
Remove Manhole EA 2 $ ~oO'~ $ '-~ ~O
Abandon In-Place San. Sewer EA One
Remove Asphalt Pavement SY 1183.5 $
Remove Conc. Pan Transition EA One $ I'C>-"~'~ $. I c:~O~_.~'~
Remove Conc, Pavement-ShelterPad SY 14.5 $ ~.c::~' $.
~ Remove & Replant Tree EA One ' $
Remove Landscaping Materials SY 6 $
Remove Inlet EA One $.
Remove Sign EA 3 $
Reset Street Light- Include new Base EA One $
Reset Flasher Light EA 2 $
Reset Sign EA 5 $
Erosion/Sed. Control & Containment LS One $
Unclassified Excavation CY 69 $ %~ $ ~,z~ ~ L~
Adjust Valve Box to Grade EA 2 $
Adjust Manhole to Grade EA 2 $
Furnish & Install Tiber Wail - 24" Tall LF 15 $
One inch Diameter Electric Conduit LF 55 $.
Traffic Sign (All Types) EA 9, $
.~P 1-2001-026,doc *BP1 Page 2
UNIT TOTAL
BID ITEM DESCRIPTION UNIT_ QUANTITY PRICE . COST
Landscaping SF 1617 $
Concrete Curb & Gutter LF 616 $ ?~..~ $
Concrete Pan - 3' Wide LF 276. $
Concrete Pan -Transition To Existing EA 2 $
Connect Storm Sewer To Existing rV/H EA One $ ...
CDOT Type ."C" inlet With Paved Apron EA One
Inlet - Single Grate, City Standard EA 5 $
Inlet - Double Grate, City Standard EA One $ ,~-
Inlet - Triple Grate, City Standard EA One $
Geofabric Mat - Traffic Rated SY 402
Crushed Screened Rock- 1" Dia Ton 96 $
Aggregate Base Course - Class 6 Ton 10 $
Concrete Pavement - 4" Thick SY 256
(Sidewalk, Pedestrian Ramp, Pedes~an Pad)
Concrete Pavement - 6" Thick SY . 20 $.
(Driveway Ramp, Shelter Pad, Etc.)
Hot Mixed Asphalt (HMA) Pavement Ton 118 $.
Pavement Marking - Paint Gal. 18 $.
2" Dia. Irrigation Sleeve, 12" deep LF 95 $ I~--
(PVC Schedule-4C, with end caps for each run)
Relocate San. Sewer Tap & Service LF 64 $ ~'~ $
(ACSD Standards & Specifications)
8" Dia. PVC, SDR26 San. Sewer Line LF 200 $ l ~tD $ -~ O, 0;~
12" Dia. HDPE Storm Sewer Line LF 10 $
15" Dia. HDPE Storm Sewer LJhe LF 216 $
18" Dia. HDPE Storm Sewer Line LF 218 $
24" Dia. HDPE Storm Sewer Line LF 1229 $ ~'O $ /~,~
(--~,' Diameter Manhole - Flat Top' EA 12 $ .,~_¢-¢O ' $_ ¢O, OOO
BP1-2001-026.doc *BPI Page
'~.
Cor~ctor
UNIT TOTAL
BID ITEM DESCRIPTIO U. NIT. PRICE CO__ST
5" Diameter Drop Manhole EA .2 $ ~---/'~ $ (~?O~
(ACSD Standards & Specifications)
Rehab & Clean Inlet EA 2 $ I c;'~¢~ $ ~,D,D
Site Clean-Up & Restoration LS One $ b-o, oo-o $ ~,~c~
TOTAL BID IN NUMBERS:
I acknowledge that in submitting this bid it is understood that the right to reject any and all bids
has been reserved by the owner.
Authorized Officer:
Full name signature:
Company address:
Telephone number:
Fax number:
BP1-2001-O26.doc 'BP1Cont
Subcontractor & Material Supplier List
Name: Grand Junction Pipe , Phone #: (970) 963-5700
Serv/ce orProduct: Piper manholes, erosion, inlets
Name: casey concrete , ~hone#: (g70) 625-1464
Address: PO Box 1815, Rifle, CO 81650
Serv/ce or Product: Con crese
Name: J & s Contractors Supply , =hone#:
Address: 4040 Grape St; D~nv~r; C~ R0716
Service or Product: si cn~
Name: . Phone ~::
Address:
Serv/ce or Product:
Name: , =hone
Address:
Service or Product:
Name: , Phone Cf::
Address:
Service or Product:
Name: , Phone #:
Address:
Service or Product:
BP1-2OOI-O2S,do¢ 'BP1 e
r ifnitial~
BID BOND
KNOWALL PERSONS BYTHESE PRESENTS, Thatwe, the undersigned, EAATH-WORKS CONSTRUCTION, INC.
of P.O. BOX i1492 CARBO,I?DALE, CO 8~62.3.., as Pdncipa/,hereinaffer
referred to as "Principal", and WASHINGTON INTERNATIONAL INSURANCE COMPANY .. ,
a corporation o~ganized under the laws of the State of ARIZONA , , and qualified to transact
business in the State of Colorado, as "Surety" are held and firmly bound unto the City of Aspen, Colorado, as obligee,
hereinafter referred to as "City," in the penal sum of;
ONE PERCENT OF AMOUNT BID ......... . ......
Dol!e,m ~$ 1% ), l_~w'~! money of the United S.~ates of Amen'~. for He Payment of wh!ch sum, ~..~! and
truly to be made to the City, we bind ourselves, and our heirs, executors, administrators, successors, and assignees,
jointly and severally, by these presents:
WHERE. AS, said Principal has submitted a bid for constn, ctJon of YEAR 2002 PEDESTRIA/,;~ SAFET.~ IMPROVEMJgNTS
AND UTILITY CONSTRUCTION PROJECT
NOW THEREFORE, if the City shall accept the bid of the Principal and the Principal shall ante r into a Contract for
Construction with the City in accordance with the terms of such Rid. and given such bond or bonds as may be specified
in the Bid Package or Contract Documents with good and sufficient surety for the faithful performance of such contra ct
~..~nd for the prompt payment of labor and matedal furnished In the prosecution thereof, or in the event of the failure of
~e Principal to enter such Contract for Censt~Jction and give Such bond or bonds, if the Pdndpal shall pay to the City
the difference not to exceed the penalty hereof behveen the amount specified in sald bid and such larger' al~oul~! fei'
which the Principal may in good faith contract with another party to perform the work covered by said Bid, then this
shall be null and void, otherwise to remain in ~'uJJ force and a~fect in law.
SIGNED AND SEALED chis 1ST day of JULY , 200.2.
PRINCIPAL: EARTH'~WORKS CONSTRUCTION, INC. (seal)
SURETY: WASHINGTON INTERNATIONAL INSURANCE COMPANY (seal)
EILEEN A. BLANCHARD - / d/- ~'' --
Title: ATTORNEY-IN-FACT
(Accompany this bond with certified-copy of General Power of Attorney from the Surety Company To include the date
the bond.)
BO1-971.doc
100174
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. THAT North American Specialty Insurance Company, a corporation duly organized and existing under
the laws of the State of New Hampshire. and having its principal office ia the City of Manchester, New Hampshire. and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arlzona and having its principal office in the City of Itasca.
Illinois, each does hereby make. constitute and appoint:
Eileen A. Blanchard and Timothy J. Blanchard
jointly or severally
its true and lawful Attomey(s)-in-Fact. to make~ execute, seal and deliver, for and on its behalf and as its act and deed., bonds or other writings
obligatory in the nature of a bond on behalf of each of said Compames, as surety, on contracts of suretyship as are or may be required or penmitted by
law. regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the
amount of: FIVE MILLION (5,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington Intematianal Insurance Company at meetings duly called and held
o~ the 24a of March~ 2000:
"RESOLVED. that any two of the President. any Senior Vice President. any Vice President, any Assistant Vice President· the Secretary or any
Assistant Secretary be. and each or any of them hereby is authori,.ed to execute a Power of Attorney qualifying the attorney named in the glvan Power
of Atturney to execute on behalf of the Company, bonds, undertakings and ail contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attumey, and to attach therein the seal of the Company; and it is
FURTHER RESOLVED. that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the furore with regard to any bond. undertaking or contract of surer) to which it is attached.
~'.' ............... ,,; ~, ,,'.','u.* ....,,.! "4:; -,
~ __t~..': 8E~l~ ~mo!~ Pa.] D. Amsmtz. President & Chler lgxecufive Officer of Washington lmernaasnal I ........ Company& S~CORPORATE~A
-~P~?:.~..~l~. . ~, · ~:
North American Specialty Insurance Company
Washington International Insurance Company
OFFICIAL $~.-~L j
V~,ffilll~P~n A PA"K~L
:?,~.,~,~.._~,, _...~.~_._._:__o.,__~_.,o~, Yasmin A. Patel. Notary Public
IN WITNESS WHEREOF, I have set my hand and affixed the seals ofthe Companies this 1STdayof JULY ,2002 .
AFFIDAVIT OF COMPLIANCE
PROJECT NUMBER: ~,2,~ _ oty'-
The undersigned contractor has read a copy of the Contract Documents including the
construction plans? for this project and understands and hereby affirms ~at I1~/~11~ d0~s not now,
nor will he/she in the future, violate the provisions of said Contract Documents, so long as he/she
is under ~the Contract to the City of Aspen for the performance of a Contract. The undersigned
further acknowledges he/she understands and agrees to: all terms and conditions of the Aspen
Municipal Code and its being part of the Conlzact with the City of Aspen.
A~'est:
Corpgrate Seal .~--~c~rt~ ~o.~,-c~ (-~,,~ ~'r~,.o,:-~ ~
By: ~ ' .
STATE OF COLO~O )
) ss.
co Y )
Before me ~,~ ~ ~ ~ ~ ~ ~ , a not~ public ~d for
Count, Colorado person~ly appe~ed ~,~, q~ ~{- ~ ~** ~o~
to me personally to be the person(s) whose si~at~e(s) in my presence t~s ~
day of ~o ~ , A.D. 2~ ~
My co~ission expkes:
ACI-97t do~
*AC;1
CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, made and entered imo on , by and between the CITY
OF ASPEN, Coloradc hereinafter called the "City", and
, hereinafte~ called the "Contractor".
WHEREAS, the City has caused to be prepared, ir 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: YEAR 2002 PEDESTRIAN SAFETY
IMPROVEMENTS & UTILITY CONSTRUCTION PROJECT., and,
WHEREAS, the Contractor, 'n response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, ir the manner prescribed by law. has publicly opened, examined,
and canvassed the Bids submitted n response to the published Invitation for Bids therefore,
and as a result of such canvass has determined and declared the Contractor to be the lowes[
responsible and responswe bidder for the said Work and has duly awarded to the Contractor a
Contract For'Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
1. The Contractor shall commence and complete the construction of the Work as fully
described in the Contract Documents. '
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
3. The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" and will
complete the same ~y the date and time indicated in the Special Conditions unless the
time is extended in accordance with_appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents
a~,/c/omply with the terms thereir~ fur a sum. not to,exceed
5. The term "Contract Documents" means and"/'includes the documents listed in the City of
Aspen Genera] Conditions to Contracts for Construction (¥ersion GC97-2) and in the
CC1-971.doc Page ' **CC1
Special Conditions. The Contract Documents are included herein by this reference and
maae a part hereof as if fully set forth here.
6. The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions. unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanoing
anything to the contrary contained herein or in the Contract Documents, this Contract For
Construction shall be sub.ect to the City of Aspen Procurement Code. Title 4 of the
Municipal Code, including the aoproval requirements of Section 4-08-040. This
agreement shall not 3e binding upon the City unless duty executed by the City Manager
or the Mayor of the Citv of Aspen (or a duly authorized official in his/her absence)
following a resolution of the Council of the City of Aspen authorizing the Mayor or City
Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Contractor respectively anc their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
ContracTor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant
To any third par~y or parties, except to parties to whom the Contractor or the City 'nay
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein c~ontained. -.
10. No waiver of default by either party of any terms, covenants or conditions hereof to 0e
performed, kept and observed by the other par~y 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 par~y.
11. The parties agree that this Contract For Construction was made 'n accordance with the
laws of the State of Colorado and sha] be so construed. Venue is agreed to be ke3t
exclusively in the courzs of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this
Contract for Construction, the prevailing party shall be entitled to its costs and
reasonable attorney's fees.
13. This Contract For Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presum 3tion shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract For Construction.
14. The undersigned representative of the Contractor, as an inducement to the City To
execute this Contract For Construction, represents that he/she is an authorized
,3C1-97~ loc Page 2 **CC'
representative of the Contractor for the purposes of executing this Contract For
Construction and that he/she has full and complete authority to enter into this Contract
For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY: / CITY OF-AS, PEN, COLORADO
Title: k.~ .~..¢~d
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
C~y Engi~er'~g Del:~a'rtCnent ~t~A~orn~e/y'' "- - -
ATTESTED BY: CONTRACTOR:
Note: Certification of Incorporation shall be executed if Contractor is a Corporation,
partnership, the Contract shall be signed by a Pdncipal and indicate title.
CCI-97%doc Page 3 **CC1
CERTIFICATE OF INCORPORATION
(To be completed if Cc ntractor is a Corporation)
STATE OF (_.o~¢-~'~ )
) SS.
COUNTY OF ~___,-~z.¢~_~ .)
On this day of ~o~_w ,200 ~-, before me appeared
U.~ ~-~_~ ~ ~ I~- ¢-~--¢s , to me personally known, who,
being by me first duly sworn, did say that s/he is~:~-~s.~.~--~ ~- of
~..v=i-..~c-v--~ L~-c~-r~o-~ ,~ and that the seal affixed
to said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above
written.
Notary Public
Address
My commission expires: k..[oO ~ 0~'
CC1-971 .doc Page 4 **CC1
PERFORMANCE BOND BOND NO. S9009942
KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
EARTH~-WO1U4S CONS~RUCT~ON~ INC. having a legal business
(P~m;~3ers Name)
addressat .744 ~I~L AVENUE, CkRBON~ALE, CO 81623 ,
a CORPORATION as Principal, hereinafter celled ~Principal", and
~ASHT~GTON TN~EI~ATTONA~ INSUt~NCE C0~.~2~¥
?.0. EO× 60130~ GI~D JU~C~TO~ CO 81506
a corporation organized under the laws of the State of ARTZONA , and qualified to transact
business Jn the State of Colorado. hereinafter called "Surety~, are held and firmly bound unto the City of
Aspen, a Colorado home role municipalibj., as Obligae, hereinafter celled "City". in the amount of:
FOUR HUNDRED THIRTY ONE THOUSAND
ONE HUNDRED EIGHTY SEVEN DOLLARS & NO/100 ($431,187.00),
in lawful money of the United States for payment WhereOf PHnciPal and surety bind themselves, their heirs,
executors; administrators, successom and assigns, jointly and severally, firmly Unto these present.
WHEREAS, Principal has by written agreement dated JU'h¥ 9 . . ,20 0__2. entered
into a 'contract with City for YEAR 2002 PEDESTRIAN SAFETY IMPROVEMENTS & UTILITY
CONSTRUCTION PROJECT (pROJ. NO. 2002-015) in accOrdanCe with the Contract Documents which
Contract Documents is by reference made a P~rt hem..of, and is hereinafter referred to es the ContracL
NOW, THEREFORE, if Principal shall well. truly and faithfully pen~3rm its duties, all the undertakings,
covenants, terms, conditions and agreements of said Contract during the odginal term thereof, and any.
extenslons thereof which may be granted bY the City, with or without notice to the Surety and during the
guaranty period, and if Principal shall satisfy all claims and demands incor~ed under such Contract, and shall
fully indemnify and save harmless City from all costs and damages which it may suffer by reason of failure to
do so. and shall reimburse and repay the City all outlay and expense which the City may incur in making
good any default, then this obligation shall be void otherwise it shall remain in full fume and effect.
The Surety hereby waives notice of an~ alteration or extension of time made by the City.
Whenever Principal shall be. and declared by City :to be in default under the Contract, the City having
performed City's obligation hereunder, the Surety may promptly remedy the default, or shall promptly:
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and
upon determinatiOn by Surety of the lowest responsible bidder, or, if the City elects, upon
determination by the City and Surety jointly of the lowest responsible bidder, arrange for a coi~-ac~
between such bidder and City, and make available as work 0regresses (eVen though there should
be~adafault~rsuccession~of defaults-under-the Contract or~ontraCts~fcompletion arranged und'er
this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price,
including other costs and damages far which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The term "balance of the Contract priCe' as used in this
PBl*971-dOC "PB1 Page
paragraph, shall mean the total amount payable by City to Principal under the Confl'act and any
· f'~'", amendments thereto, less the amount properly paid by City to Principal
(3) Any contract oi- succession of contracts entered into hereunder for the completion of the Contract,
shall also be subject to this bond as part of the original Contract obligations.
Thi.s bond is intended to be in satisfactio~ of, and in addition to, the bond required pursuant to Section 38-26-
106, C.P,.S., as amended.
. This bond, as a penalty and indemnification bond, shall also entitle City to recover as part of the completion
of the Contract or the payment of any labor or material costs hereunder, actual and consequential damages,
liquidated and unliquidated damages, costs, reasonable attorneys ~ and expert wib3ess fees. including,
without limitations, the fees of engineering or architectural consultants.
Surety, for value received, hereby stipulates and agrees tiler to indemnify and save harmless the City to the
extent of any and all payments in connes[ion with the can'ying out of the contraqt which the City may be
required to make under the law by any reason of such failure or default of the Principal.
Further, Surety and Principal shall protect, defend, indemnify and save harmless the City's officers, agents,
servants, and employbes from and against all claims and actions and all expenses incidental to the defense
of suqh claims or actions, based upon er arming out of injuries or death of persons or damage to property
caused by, or sustained in connection with, this Contract by conditions created thereby, and on request of
the City will assume the defense of any claim or action brought-against the City.
No right of aatian shall accrue on this Bond to or far the use of any person or corporation other than the City
named'herein or the employees, agents, administrators or successors of City.
SIGNED AND SEALED this _ 9TH day of JHL'f ,20 02. -
SURETY: WASHINGTON INTERNATIONAL INSURANCE COMPANY
By: Attest: ~,,~- ~,~ ~.-,- ,.~-
NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to inalude the
date of the bond. (Date of Bond must not be prior to date of Contract.) If Principal is Partnership, all partners
should execute Bond.
Pal '971.doc '* Pal Page
BOND NO.
· · PAYMENT BOND
KNOW ALL PERSONS BY T~ESE PRESENTS: That we, the undersigned, as,
EARTH-WORKS CONSTRUCTION~ INC. having a legal business
addressat 744 MERRILL AVENUE~' CARBONDALE~ CO 81623
a CORPORATION , as Principal, hereinafter called "PdncipaF, and
WASHINGTON INTERNATIONAL INSURANCE_.COMPANY ,
P.O. BOX 60130~ GRAND JUNCTION~ CO 81506
a corporation organized under the laws of the State of ARIZONA , and qualified to transact business In the
State of Colorado, hereinafter called "Surety*', are held and firmlY bound Unto the city of AsPen, a Colorado home rule
municipality, a.s Obligee, hereinafter called "City~, in the amount of:
FOUR HUNDRED THIRTY ONE THOUSAND
~NE HUNDRED EIGHTY SEVEN DOLLARS & NO/100 ($431,187.00), in la~l
money of the United States for payment whereof Principal and Surety bind themselVes, their heirs, executOrs,
administrators, successors and assigns, Jointly and saverally, firmly unto these present.
WHEREAS, P/incipal has by written agreement dated JULY 9 ,200_._Z entered into a r~i~act with
Cb far a project entitled: YEAR 213g2 PEDESTRIAN IMPROVEMENTS & UTILITY CONSTRUCTION PROJECT
(PROJ. NO 2002-015)
in accordance with the Contract Documehts which Contract Documents is by reference marie a part hereof, and is
hereinafter referred to as the Contract;
NOW, THEREFORE, THE CONDITIQN OF TH S OBLIGATION Js such that, if Pdncipal shall promptly m'gke payment to
all cJalmants hereinafter defineri, for all labor arid matedal used or reasonably required for the usein the performance of
the Contract, then this obligafipn shall be void; otherWise it shall remain in full fume and effect, subject, however, to the
following conditionS:
1. A Claimant is defined as having a direct contract with the Principal or with subcontractor of the Principal far
labor, material, or both, used or reasonably required for the performance of the Contract, labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment directly
applicable to the Contract.
2. The above-name Principal and S~rety hereby jointly and severally agree with the City that every claimant as
herein defined who has not been paid in full before the expiration of ninety (90) days after the date on which the last of
such claimant's work or labor was done or performed or materials were furnished bY SUch dalmant~ may sue on this bond
for use of such sums as may be justly 'due claimant, and have execution thereon. The City shall not be liable for the
payment of any costs or expenses of any such suit.
3. No suit or action shell commence hereunder by any claimant:
(a) Unless claimantl other than one having a dJrsct contract with the Principal shall have given wfiffen
notice to any of the following: The Principal, the City, or the Surety above named, wJthlrt ninety (90) days after such
vJaknartt-did-orperformed~he-last~of-thewerk~r~abor, or-fumlshed -the~las~of-the material-for-which~said~cfaim-ismnede~
stating with substantial accuracy the amount claimed and the name of the party to whom the materiels were furnished, or
far whom the work of labor was done or performed. Such nOtice shatl be served by mailing the same'registered mail or
codified mail, Postage prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office is
regutariy maintained for the transaction of business, or served in any manner in which legal process may be served in the
State of cOlOrado. '
,'.~'"" (b) After the expiration of one (1') year following the date on Which Pdrtclpal .(:eased work on said
Conffact, ~ being understood, however, that if any limitation embodied In this Bond is prohibited by any h~v co nb"oiling the
construction hereof, Such limitati0n shall be de~med to be amended SO as to be equal to the minimum period of limitation
permitted by such law.
(c) Other than in a state of competent jurisdlcticn in and for the County of pitkln, State of Colorado.
4. The amount of this Bond shalJ be reduced to the extent of'any payment or payments made hereunder,
inc]usive of the payment by surety af liens or claims which may be filed of reCord against the improvement{s), whether or
not claim for the amount of such lien be presented under and against this BOnd.
5. This Band is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26-
'105. C.R.S., as amended.
6. No final settlement between the City and Principal shall abridge the dght of any beneficiary hereunder, whose
claim may be unsatisfied.
SIGNED AND SEALED this 9TH day of JUL~
· By: . Attest:
Title: -~.
SURETY: .~ ' WASH[_~CTON ~.~Em'~ATT0~AL ~'~SU~CE CO[,m~L~"Z .~. (seal)
TFde: ATTOI~EY-IN-FACT
NOTE: Accompany this bond with certified' copy of General Power of AttOrney from the Surety Company to include the
,. ~ date of the bond. (Date of Bond must not be prior to dat~ of Canffact). if Principal is a partnershiP, all paritters Should
execute Bond.
· ~ YBl-$71,doc *"'YB1 Page: 2
BOND NO. S9009942
MAINTENANCE BOND
. KNOW ALL PERSONS BY THESE PRESENTS, That we, the u.ndersigned, as
EARTH-WORKS CONSTRUCTION, INC. . Of 744 MERRILL AVENUEi CARBONDALE, CO ~16~
Principal,
hereinaf~r referred to as "PrinciPal", end
WASHINGTON INTERNATIONAL INSURANCE COMPANY
a coroorstlen organized under the laws of the State of ARIZONA , and qualified to
transact~bus ee~s>l~ the.-State~lLColo~at~o, aa Surety".' are held and firmly bound unto the City of Aspen,
Colorado, as obligee, hereinafter referred to as "City." in the penal sum of:
FOUR HUNDRED THIRTY ONE THOUSAND
ONE H. UNDRED EIGHTY SEVEN DOLLARS & NO/100.
Dollars ($ 43 i, 187.00 }, lawful money of the United States of Ameri~. for the Payment of
which sum, well and truly to be made to the C~,y, we bind ourselves, and our heirs, executors, administrators,
successors, and assignees, jointly and severally, by these presents:
WHEREAS, said Principal has' entered into a written Contract with the ' obligee dated
JULY 9 ., 2002 ., fOr ~rhishing all equipment, labor, tools and materials for:. YEAR 2002
~ ~ 'PEDESTRIAN SAFETY IMPROVEMENTS AND UTILITY CONSTRUCTION PROJECT (PROJ. NO. 2002-
015)
in accordance with detailed plans and specifications on file in the office of the City Clerk of said City, a copy
of which Contract is attached heret° and made a part hereof.
NOW THEREFORE..The cond~0ns of the foregoing obligations ars such that if the said Principal shall well
and th.~ly perform all the covenants and conditions of this Cat,tract on the part of said Prtholpal to be
performed, and repair or replace all defects for a pedod of two year(s) as provfded herein, and protect and
: save harmless the City of Aspen, Colorado, from ail loss and damages to life or properly suffered or
,. sustained by any person, firm or corporation, caused by said Prinsipal or his agents or his employees, in the
:.:i performance of said work, or by, or in c, onsequenca of any eegligense, carelessness, or misconduct in
.. guarding and pmtacting sa,me, or from any improper or defective equipment or materials used in the work, or
other damages, costs and expenses and set forth in such Contracts, then this obligation shall be void
otherwise to remain in full force and effect in law.
*Ibis Bond guarantees that th&"~aterial and equipment furnished end used, and workmanship employed in
the performance of the work described in this Contract will be of SUCh character and quality as fo insure it to
be free from all defects and in continuous good order and in a condition satisfactory to the Governing Body of
the City of Aspen for a peded of two year(s) from the date of the issuance of the Certificate of Completion.
~'his-Bond-.guara.ntoesJ:haLthe~aid P~dmcipa[_wilLkeep_end maintain Me s_ubj_eqt_ work without additional
charge or cost to the City of a period speCified, and make such repairs or replacement of .eJly defective
construction as the City may deem necessary.
Mn'~.:g71.doc "MB1 Page:
The said Principal shall no[ be required to maintain any part cf the improvement under this guarantee which,
after its completion and acceptance shall have been rernove~ or altarad by the City or its agent.
SIGNED AND SEALED this 9T~I day of JULY 20 02:~
PRINCIPAL: EARTH-WORKS20NS~RUCT~O.N, INC. (se~)
Title: ~':-
SURETY: ~ASATNG~ON TN?gI~AT'rONAL INSUtLANCE C01V~ANY
, (seal)
By: TIMOTHY~. BLAN~ ~:F, ARD Attest
Titla: ATTORNEY-IN-FACT
(Accompany this bond with certffied copy of General Power of Attorney from the Surety Company to ~cluds
the date of the bond.)
MB1-971.doc "M81 Page: 2
. · 100196
NAS SURETY GROUP
NORTH AMERIcaN SpECiALTY iNsURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
the laws of the State ofNew Hampshire, and having its Prln~ipal Office in the City Of Manchester; NeTM Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State Of Arizona and having its principal office in the City ofltasca,
Illinois, each does hereby make, constitute and appoint:
Eileen A. Blanchard and Timothy J. Blanchard
jointly or severally
its tree and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds 0r other writings
obligatory in the nature of a bond on behalf of each Of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or COntract of suretyship executed under this authority shall exceed the
amount of: FIVE MILLION (5,000,000.00) DOLLARS
This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal 0fthe Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile SignatUres or facsimile seal shall be
binding upon the Company when so affixed and in the futur6 With regard to any bond, undertaking or contract of surety to which it is attached.
IN WITNESS WHEREOF, North American SpeCialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25 day of April ,20 02 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of DuPage ss:
25 day of April ,20 02 , before me, a Notary Public, personally appeared Paul D. Amstutz , Presideot and CEO of
Washington International Insurance Company and Vice President ofNorth American Specialty Insurance Company and Steven P. Anderson ,
Sr. Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally know
to me, who being by me duly sworn, acknowledged that they ~igued the above Power of Attorney as Officers of, and acknowledged said inslmment to be
the voluntary act and d~ed of, their r~specdve companies.~
Yasmin A. Pate], Notary Public
I, James A. Carpenter , Vice President & Assistant Seccctary Of Waghingt0n International Insurance Conipany and the AsSiSt~t Secretary of
North American Speciality Insurance Company, do hereby certify~that the above and fofegokng is a tree atid ¢0rrect copy 0fa Power of Attomey given
by the companies, which is still in full force and effect.
IN WITNESS WHEREOF; I have set my hand and affixed tli~ seals'0~the Cmnpanles this 9TIt day of JULY ,20 0 2 .
ACORD. CERTIFICATE OF LIABILITY INSURANC ,c _. s I
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIRCATE
Blanchard Insurance Grou~ Inc. HOLDER. THIS CERTIFICATE DOES NOTAMEND, EX. ND OR
~. O. BOX 60130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
~ ~nc~ion CO 81506
ne = 970-9~5-6203 Fa~= 970-945-1533 INSURERS AFFORDING COVE~GE
Carbo~-~'~le ~--8~'623
A X COM~EaCl~GENER~L~]LI~ CON262~8162 08/01/01 08/01/02 RaE0~ASE(~yonefire) S 300.000
J C~IMS M~E ~ OCCUR MED ~P (~y one pe~0~) $ 5.000
A ~YAU/O CON262~8196 08/01/01 08/0~/02 (Ea accid~t) S 1,000,000
A X I~UR ~C~IMSMADE CON385750~0 08/01/01 08/01/02 AGGREGA~
WORKERSCOMPENSAT;ON~D [ TORYLIMITS~ Z OTH-
~ EMPLOYERS' MAB]~ 2269650 07/01/02 07/01/03 E.L. EACHACCIOENT $ 500000
A Contractors E~ip CON26248162 08/01/01 08/01/02 Special 1000
Year 2002 Pedestri~ Safety ~rov~nts ~ U~ility Const~ction Pro~ec~
(Pro~. No. 2002-015)
CERTIFICATE HOLDER ~ N ~ ~DJTiONAL INSURED; INSURER L~ER: CANCELLATION
0000000 SHOULD ANY OF THE ABOVE DESCRIBED POLiCiES BE CANCELLED BEFORE THE EXPIRATIO~
DATE THEREOF, THE ISSU~NG INSURER WILL ENDEAVOR TO MNE ~ DAYS WRi~EN
City of As~en NOTICETOTHECE~[F~CATEHOLOERN~EDTOTHELE~.B~FAILURETODO~SHALL
~ 130 S Galena St.
As~e= CO 8~6~ iMPOS~NOOBL[GATIONORUA~ILI~OFANYKINDU~NTHEINSURER, ITSAGENTSOR
i Cath~ So~rs
ACORO 25-S (7/97) ~ACORD CORPORATION 1988
siness License
L:"J c e n s e
Date Issued
NOTICE TO PROCEED
Check only one category: ['-]Hand delivered
[-]Fa,xed
Date:
Project No.
Enclosed please find an executed copy of the Contract Documents for the above referenced
project. You are hereby informed to attend a mandatory Pre-construction Conference and you are
authorized to commence construction thereafter as set forth in the Contract Documents. The
Commencement Date of the contract performance time is the date fixed for the Pre-construction
conference. The date for the Pre-construction conference will be set by the City Engineer.
If you have any questions concerning this project please do not hesitate to call the Engineering
Deparrmem.
Again, thank you for your bid and your continued interest in th/s project.
Sincerely,
CITY OF ASPEN
By:
City Engineer
cc: City Manager
City Attorney
Finance Department
Daily Construction Log
City of Aspen Engineering Department
130 South Galena Street, Asoen, Color. ado 81611
PROJECT #
PROJECT TITLE:
PROJECT LOCATION:
DATE: PAGE OF
WEATHER: TRAFFIC CONDITIONS:
WORKING DAYS USED WORKING DAYS LEFT
CONTRACTOR:
SUPERINTENDENT: INSPECTOR:
BID ITEM DESCRIPTION UNIT CONTRACT TODAY'S TOTAL
QUANTITY QUANTITY TO DATE
SUMMARY OF TODAY'S WORK AND COlVIMENTS:
CONTRACTOR:
CITY INSPECTOR: DATE:
DLCT,
ENG-304
CHANGE ORDER
City of Aspen Engineering Department No,
PROJECT: DATE OF ISSUANCE:
OW'N-ER: City of Aspen
CONTRACTOR: OW'NER's Project No.
ENGINEER:
ENGINEER'S Project No.
You are d/rected to make the following changes in the Contract Documents.
Description:
Purpose of Change Order:
Attachm~ts: (List documents supporting change)
CHANGE 1N CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price: $0.00 Original Contract T/me:
days or date
Previous Change Order No Net Change from previous _
to No. Change Orders
days
Contract Price prior to Contract T/me prior to
this Change Order this Change Order
S
days or date
Net Increase (decrease) Ne~ Increase (decrease)
of th/s Change Order of this Change Order
$
days
Contract Price with ali Contract T/me with all
approved Change Orders approved Change Orders
$
days or date
RECOMMENDED: APPROVED: APPROVED:
by: by: by:
Engineer Owner Contractor
COl
CLAIM RELEASE
Sub-Contractor
For valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned Sub-
Contractor hereby releases the City of Aspen and waives all rights to file a claim for labor, services,
machinery, tools, equipmem, or materials furnished prior to . while engaged as a
Sub-Contractor to , the Contractor, for the work on the
Project, in the City of Aspen, Pit!tin County, Colorado.
Furthermore, the undersigned waives any and ail rights the undersigned may have to file a lien, notice
of claim, lis pendens or legal action against the City of Aspen, pursuant to Section 38-26-107, C.R.S.,
or to make any claim whatsoever against the City of Aspen, or its bond, for labor services, supplies,
machinery, tools, eqmpmem or materials furnished in connection with the above described work..
In the event an employee or agent or other person hired by the undersigned Sub-Contractor to perform
the work under the contract brings a claim against the City of Aspen for payment of labor or materials,
or both, the undersigned Sub-Contractor agrees to indemnify the City of Aspen and to satisfy fully any
such claim brought against the City of Aspen, its employees and officers.
Attest:
Corporate Seal
Sub-Contractor
By:
STATE OF COLORADO )
) ss,
COUNTY )
Before me , a notary public and for
County, Colorado personally appeared known
To me personally to be the person(s) whose signature(s) in my presence this . day
of , A.D. 20
My cormm~ssion expires:
(Seal)
Notary Public
CR2.97 I.DOC
CLAIM RELEASE
Contractor
For valuable consideration, the sufficiency of ~vhich is hereby acknowledged, the undersigned
Contractor hereby releases the City of Aspen and waives all rights to file a claim for labor, services,
machinery, tools, equipment, or materials furnished prior to , while engaged as a Contractor
for the work on the Project, in the City of Aspen, Pitkin County, Colorado.
Furthermore, the undersigned waives any and all rights the undersigned may have to file a lien, notice
of claim, lis pendens or legal action against the City of Aspen, pursuant to Section 38-26-107, C.R.S.,
or to make any claim whatsoever against the City of Aspen, or its bond, for labor services, supplies,
machinery, tools, equipment or materials furnished in cormection with the above described work..
In the event an employee or agent or other person hired by the undersigned Contractor to perform the
work under the contract brings a claim against the City of Aspen for payment of labor or materials, or
both, the undersigned Contractor agrees to indemnify the City of Aspen and to satisfy fully any such
claim brought against the City of Aspen, its employees and officers.
Attest:
Corporate Seal
Contractor
By:
STATE OF COLORADO )
) ss.
COUNTY )
Before me , a notary public and for
County, Colorado personally appeared known
to me personally to be the person(s) whose signature(s) in my presence this day
of , A.D. 20
My comnussion expires:
(Seal)
Notary Public
130 S. Galena Street
Aspen, Colorado 81611
PROJECT CLOSURE FORM
AD PER TISEMENT AND FINAL ACCEPTANCE
Date:
Contact Person
Company
Address
City, State Zip
Re: YEAR 2002 PEDESTRIAN SAFETY IMPROVEMENTS & UTILITY
CONDTRUCTION PROJECT
City Project ~: 2002-015
You are hereby notified that the following advertisement for Final Paymem appeared in a local
newspaper dated
"After thirty (30) consecutive calendar days from the date of second publication for
projem closure and release of retalnage, the City of Aspen will pay to Contractor's
Name, Contractor, the full retmnage on the project. Ali persons having claims for
labor, rentals, servmes, or materials furnished under this Contract, who shall not
have been paid therefore, shall present the same to the City of Aspen in writing and
verified prior to date specified above, or the City of Aspen shall be free of all
obligations and liabilities for attc~upting to withhold payment to the Contractor."
Subject to the terms of the Contract Documents the Final Payment will be attached and forwarded
~n the amount of ( ). Acceptance of which the Contractor thereby warrants that all persons
doing work upon or furnishing materials for work under this Agreement have been paid in full.
Fa/lure to sign, approve and remm one copy of this form, or to protest, wittfin ten (10) consecutive
calendar days constitutes proof of receipt and acceptance by the Contractor of the final amount due
under the Agreement.
Please acknowledge by your signature below that the final amount of the Contract was pa/d and
that the terms and conditions set forth above and in the Contract Documents relating to final
payment are understood and accepted.
..Appendix One - Policy 205,4
City of Aspen, £ngineering Oepartment
Construction Activity & Traffic
Ma_A_Q&gement Plan
Disruption of normal daily activities 'n public right-of-way creates
inconveniences and exposes motorists, pedestrians and abutting property
owners to possible risk of impacts in public right-of-way including vehicular and
pedestrian corridors. The Engineering Department's right-of-way management
policy calls for development of project specific construction activity and traffic
management plan to mitigate these work-site related ~m pacts on~ public right-of-
way.-Among those im pacts include:
· Haul and disposal of demolition debris.
· Transporting heavy and occasionally oversized loads and equipment
· Pollutions:
- Fugitive dust (may lead to airpollution)
- Sediment transport
- Mud tracking
- Excessive machinery noise (ornoise pollution)
- Storage of loose materials on existing ground
- Contaminant spills
· Damage to street pavements resulting from accelerated stress caused
by intense and heavy construction traffic.
· Soil erosions caused by removing an existing vegetative cover or other
groundcovers such pave ments and floor slabs.
· Encroachments in public right-of-way.
In order to deal with all these potential and probable impacts, a construction
~mpact management plan must be submitted to the Engineering Department
for review and approval prior to issuance of an appropriate permit for a
construction activity.
ENG-205A rREVISED; Ar~d12002)