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HomeMy WebLinkAboutresolution.council.117-25RE SOLUTION # 117 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND EXPEDIA POWER, INC. AUTHORIZING 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 for the construction of an emergency standby generator at the City's Rubey Pump Station in Aspen, between the City of Aspen and Expedia Power, Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFOF�, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for construction of an emergency Standby Generator at the Rubey Pump Station in Aspen, between the City of Aspen and Expedi Aa Power, Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 26th day of August 2025. r I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of. the City of Aspen, Colorado, at a meeting held, August 26', 2025. Nicole Hering, City Clerk Docusign Envelope ID: 144D82B8-2AA9-4D11-88F5-C85B721B4CBD STANDARD CONTRACT FOR CONSTRUCTION 2025=260 Rubey Pump Station Generator and Access Road THIS CONTRACT, made and entered into on the 26th of August, 2025, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Expedia Power, Inc. hereinafter called the "Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, temporary utilities, transportation, and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specifications, Compliance with Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed ($157,837.67) DOLLARS or as shown on Exhibit "A". 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same not later than November 1st, 2025, subject to such delays as are permissible under the "Extension of Time for Completion" section of this Contract. Page: 1 Updated:10/2024 Docusign Envelope ID: 144D82B&2AA94D11-88F&C8513721B4CBD 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used in connection with or arising out of the Project and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall furnish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimed pursuant to such lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure of an amount not less than the total of all previous payments made hereunder by City to Contractor. 7. Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit "A" are intended to supplement one another. Contract Documents shall also include General Conditions for Construction Contracts and Special Conditions appended hereto. However, in case of conflict this Contract for Construction shall control. 8. Changes in the Work. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City and Contractor, prior to performance. Page: 2 Updated:10/2024 Docusign Envelope ID: 1441D82138-2AA9-41D11-881`5-C8513721B4CBD 9. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials, equipment and appliances belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 11. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have Page: 3 Updated:10/2024 Docusign Envelope ID: 1441D82[3&2AA9-41D11-88F&C85B721B4CBD the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion; Contractor's Release. City agrees to sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. Indemnification. Contractor agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage 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 wrongful act, omission, error, contractor error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle, respond to, and to Page: 4 Updated:10/2024 Docusign Envelope ID: 144D82B8-2AA9-4D11-88F5-C85B721B4CBD provide defense for and defend against, any such liability, claims or demands at the sole expense of the Contractor, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 15. Insurance. a. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. b. Contractor shall procure and maintain and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 1. Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self -insured status may be substituted for the Worker's Compensation requirements of this paragraph. 2. Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for Page: 5 Updated:10/2024 Docusign Envelope ID: 1441D8213&2AA9-41D11-88F&C8513721B4CBD contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. 3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate with respect to each Contractor's owned, hired and non -owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section shall be met by each employee of the Contractor providing services to the City under this contract. c. Except for any Contractor Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. d. The certificate of insurance provided to the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty QQ) dam prior written notice has been given to the City of Aspen. e. In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above -described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. Page: 6 Updated:10/2024 Docusign Envelope ID: 144D82B&2AA9-4D11-88F&C8513721B4CBD The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above -described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. f. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. g. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Termination by the Owner for Convenience. addition to the provisions of termination set forth in the General Conditions, the Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. b. Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall (1) cease operations as directed by the Owner in the notice. (2) take actions necessary, or that the Owner may direct, for the protection and preservation of the Work. and (3) except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. c. In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. Page: 7 Updated:10/2024 Docusign Envelope ID: 144D82B8-2AA9-4D11-88F5-C85B721 B4CBD t Namage or Destruction. If the Project is destroyed or damaged by any c "dent or disaster, cl such as fire storm flood landslide earthquake, ubsidence, theft or vandalism, any work done by Contractor in rebuilding or estoring the work shall be •. • for by City as extra workunderParagraph r • • - however, the estimated • of replacementof - workalready ompleted by Contractor exceeds twenty (20%) percent of the insured sum set c)rth in Paragraph 15 above, City r have - option to cancel r • in such event, Contractor shall • - paid - reasonable cost, including net • •fit to Contractor theamount of - , • percent, of r • performed by ontractor before such cancellatiol. other ny party shall • - in writing . • r • - personally delivered or given I • - by United States . addressed ,r • • TO Clty: City of Aspen Andy Rossello To Contractor: Expedia Power, Inc. 2245 W. Saddle Way Taylorsville, UT 84129 US subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given, delivered, or made by United States mail, shall be deemed to have been given the same day as transmitted by telecopier or delivered personally, one day after consignment to overnight courier service such as Federal Express, or two days after the deposit in the United States mail as registered or certified matter, addressed as above provided, with postage thereon fully prepaid. 19. Inspections; Warranties. a. Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. b. Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. Page: 8 Updated:10/2024 Docusign Envelope ID: 144D82B8-2AA9-4D11-88F5-C85B721B4CBD c. Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). 20. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 21. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent, or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents, or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants, and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 22. Assi_, ng ment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 23. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. 24. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 25. Waivers. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while the defaulting party continues in default, Page: 9 Updated:10/2024 Docusign Envelope ID: 1441D82138-2AA9-41D11-88F&C8513721B4CBD nd no waiver of any default shall operate as a waiver of any other default or a modification of • • �- '• • • - -• • -• ull Miner party to tni ontract shall be exclusive of any other remedy herein or by law provided ermitted, but each shall be cumulative and shall be in addition to everry oth ccordance with, the laws of - State of • • •• Venue for any action at la •r equity shall be Pitkin County, 28. Attorneys' Fees. If either party to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shall be entitled to receive its attorneys' fees in connection with such action from the non -prevailing party. 29. Severability. Any provision in this Contract, which is held to be inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. 30. Nondiscrimination. wring the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: a. Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. Page: 10 Updated:10l2024 Docusign Envelope ID: 144D82B8-2AAg-4D11-88F5-C85B721B4CBD b. Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The foregoing provisions shall be incorporated in all subcontracts hereunder. 31. Prohibited Interest. No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 32. U Interest: ontingent Fees, Gratuities, Kickbacks an_d_ Conflict o a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. b. The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or to any solicitation or proposal therefor. c. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti -kickback" statutes or regulations. 33. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriate. Page: 11 Updated:10/2024 Docusign Envelope ID: 144D82B&2AA94D11-88F&C8513721B4CBD I if its terms, provisions, conditions, representations, or covenants can be nodified, changed, terminated, or amended, waived, superseded or extended IC xcept by appropriate written instrument fully executed by the parties. inenforceable It shall not affect or impair the validity, legality, or enforceability aMy other provision, mendments hereto may be executed in several counterparts, each of which ,hall be deemed an original, and all of which together shall constitute one ,greement binding on the Parties, notwithstanding the possible event that all :1arties may not have signed the same counterpart. Furthermore, each Party :onsents to the use of electronic • either Party. The Scope of Work, .nd any other documents requiring a signature hereunder, may be signed klectronically in the manner agreed to by the Parties, The Parties agree not to eny the legal effect or enforceability of the Agreement solely because it is in I its lectron'c form or because an electronic record was used in I formation. The arties agree not • object to the admissibility of Agreement in the fb of lectronic record, or paper copyof electronic documents, or paper• document bear • an electronic signature, on - ground electronic — • b or electronic • or a not original or , a original. 36. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: [ ] No additional provisions are adopted. [X] See attached Exhibit A. [X] See attached General Conditions. [ ] See attached Special Conditions. [ ] See attached Technical Specifications. Page: 12 Updated:10/2024 Docusign Envelope ID: 144D82B8-2AA9-4D11-88F5-C85B721B4CBD IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. CITY OF ASPEN, COLORADO: Sy: Title: —Signed by: �aG Sfm&V [Signature] Pete Strecker Interim City Manager ®ate: 8/27/2025 18:39:55 PM MDT DocuSigned by: 0� ran 327545 37E149ED7... City Attorneys Office PROFESSIONAL: —Signed by; Signature] �y: William Clark Title: President �ate:8/15/2025 14:14:59 PM MDT Page: 13 Updated:10/2024 _________________________________________________________________________________________________________ CS1-971. doc CS1 Rubey Pump Station Generator and Access Road  City Project Number: 2025-260 BID DOCUMENTS & CONSTRUCTION SPECIFICATIONS OPENING: 8/6/25 City of Aspen 130 S. Galena Street Aspen, Colorado 81611 (970) 429-1999 Andy Rossello __________________________________________________________________________________________________ TC1-971.doc TC1 427 Rio Grande Place Aspen Colorado 81611 (970) 920-5079 Project Title: Rubey Pump Station Generator and Access Road Project No.: 2025-260 BID PACKAGE (Contract Documents) TABLE OF CONTENTS Pages Invitation to Bid - Instruction to Bidders …………………………………………………………….…… IS1 General Conditions ……………………………………………………………….…… GC1 Special Conditions ……………………………………………………………….……. SC1 Technical Specifications …...…………………………………………………….……. TS1 Qualification Statement …………….…………………………………………..……... *QS1 Bid Proposal …………………………………………………………………….…….. *BP1 Affidavit of Compliance ….…………………………………………………………. *AC1 Liquidated Damages Form …………………………………………………………….*LD1 Notice of Intent to Award …………..…………………………………………………. NA1 Contract for Construction …………………………………………………………… **CC1 Performance Bond ……………………………………………………………………. **PB Payment Bond ………………………………………………………………………. **YB1 Maintenance Bond ………………………………………………………………….. **MB1 Contractor’s License ………………………………………………………………… **LC1 Notice to Proceed ………………………………………………………………………. NP1 Daily Construction Log Form ……………………………………………………. ENG-304 Progress Pay Estimate Form …………………………………………………………… PE1 Change Order Form …………………………………………………………………… CO1 Claim Release Form ………………………………………………………………. ***CR1 Project Closure Form ………………………………………………………………….. PC1 Appendices Appendix One Plan Drawings …………………………………………………. AP1 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. Invitation to Bid 2025-260 Rubey Pump Station Generator and Access Road Due Date: 2:00 PM , August 6th, 2025 427 Rio Grande Place Aspen, CO 81611 (970) 920-5059 Aspen, CO | Official Website INVITATION TO BID Sealed bids will be received by the City of Aspen, Colorado, through the Bidnet Direct website, www.bidnetdirect.com, until 2:00pm, August 6th, 2025 at which time the bids will be opened, for the following City of Aspen project: 2025-260 – Rubey Pump Station Generator and Access Road Complete bid packages are available to download or from www.bidnetdirect.com. Vendors must be registered to view the bid packages. There is no charge to register. Call 800-835-4603 if you need assistance registering for free access. 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 accept a late submittal or to waive any technical defects or irregularities in any and all bids submitted. The City cannot accept faxed or emailed bids. Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. Candidates should identify any portion of their proposals which they consider confidential. Non-Discrimination Policy Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. Diversity and Inclusion The City shall acquire its goods and services in a manner that integrates fiscal responsibility, social equity, women and minority business opportunity, and environmental stewardship. Bidders should provide any additional information and or certifications describing the above. Sustainability Considerations One of the City of Aspen’s values is stewardship, and the City has taken significant strides in embedding sustainable practices into our operations. In 2022, Aspen City Council set new greenhouse gas reduction goals (science-based targets) of 63% by 2030 and 2050. While not a requirement for this contract (unless otherwise stated in the scope of work or criteria list), the City encourages all vendors to share in their proposals how their products and services are supporting the City’s climate initiatives and goals. For more information on the City’s sustainability efforts and the Aspen Sustainability Action Plan, visit www.aspen.gov/climate. Bids must be submitted, as a single Word or .PDF document, electronically through the Bidnet Direct website and named: “2025-260: Rubey Pump Station Generator and Access Road by XYZ Company (enter company name)”. No bid may be withdrawn within a period of sixty (60) calendar days after the date fixed for opening bids. By: Asal Vojdani Purchasing 1.Scope of Work The Project includes all civil and electrical installations for the installation of a city- purchased generator and automatic transfer switch (see Technical Specification for Generator and ATS specifications) at the City of Aspen Rubey Water Pump Station located on a City of Aspen easement at 220 American Lane. The installation requires civil installation of a concrete pad and improvements to the access road to the site. Work entails all site work and subcontracting with electricians and plumbers to install a standby generator and ATS. Work includes all permitting and coordination associated with the installation, including but not limited to Pitkin County (Zoning Review, ROW, Access, Mechanical, and Plumbing), Black Hills Gas, Holy Cross Energy, and all others. All Scopes must be completed by October 31st, 2025. The Scopes of work for this project are described and depicted in Appendix A: Plan Drawings. All Scopes will be discussed in detail at the Pre-Proposal Meeting. 2.Proposal Process Bids must be submitted, as a single Word or .PDF document, electronically through the Bidnet Direct website and named: “2025-260: Rubey Pump Station Generator and Access Road by XYZ Company (enter company name)”. 2.1. Bid Timeline The City estimates the following procurement timeline and reserves the right to modify it at any time for our convenience. Non-Mandatory Pre-Bid Bid Questions Close Bid Due July 22nd, 2025 July 30th, 2025 August 6th, 2025 3.Selection Process The bids shall be evaluated to determine which are the lowest responsive and responsible bids. In making that evaluation, total price and the following specific criteria shall be considered: 1.The ability, capacity and skill of the bidder to provide the construction services as required; (20%) 2. Demonstrated successful experiences constructing in Pitkin County and the City of Aspen; (25%) 3.Contractor Written Approach to Projects including Proposed Schedule and time of completion; (10%) 4.Project Costs (45%) 4. Questions Questions must be posted on the Bidnet Direct website, www.bidnetdirect.com. Answers are posted online for all Offerors to review and consider. It is the Vendor’s responsibility to check the website for Q&As, addendums, and other important information. Closing date for online questions is July 23rd, 2025. 5. Legal The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. Candidates should identify any portion of their proposals which they consider confidential. In order to fully understand the legal parameters of the City’s procurement process and contractual requirements, Respondents must review Instructions to Bidders and Exhibit B Standard Contract for Construction. By participating in the City’s procurement process, you are agreeing to the terms and conditions of the procurement process and the legal parameters of doing business with the City without change. IS1-971.doc IS1 Page: 1 City of Aspen - Instructions to Bidders INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION PROJECTS 1. The City of Aspen has advertised to invite Bidders to submit sealed Bids for a construction project which is fully described in the Contract Documents accompanying these instructions. The following instructions have been prepared to assist Bidders in the preparation of their Bids. 2. The Contract Documents for this project shall consist of the following documents: A. Invitation to Bid (Public Notice). B. Instructions to Bidders. C. Bid Proposals D. Addenda, if any. E. General Conditions. F. Special Conditions. G. Bid Bond. H. Notice of Award. I. Contract for Construction. J. Payment Bond. K. Performance Bond. L. Maintenance Bond. M. Drawings, identified in General Conditions. N. Specifications identified in General Conditions. O. Affidavit of Compliance form. P. Liquidated damages form. Q. Contractor’s License form. R. Daily Construction Log form. S. Progress Pay Estimate form. T. Change Order Form U. Claim Release form. V. Insurance Certificates. 3. Information contained in the Contract Documents, as completed during the bidding and contract award process, shall be the basis for the bids, and nothing shall be deemed to change or supplement this basis except for written revisions to the above documents issued by the City of Aspen. IS1-971.doc IS1 Page: 2 City of Aspen - Instructions to Bidders 4. The City of Aspen reserves the right to reject any or all bids or accept what is, in its judgment, the best bid. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all bids submitted, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming, non-responsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 5. The cost of bid preparation shall be borne solely by the persons or entities submitting bids. 6. The following procedures or steps shall be followed after the issuance or publication of Invitation for Bids: A. Reference is made to the Invitation for Bids to determine if a pre-bid conference will be scheduled, and if so, where and when. If a pre-bid conference is scheduled, attendance at the pre-bid conference is mandatory unless prior authorization is given by the Bid Coordinator. The costs of attendance at a pre-bid conference shall be borne entirely by the Bidder. B. Reference is made to the Invitation for Bids to determine how complete Bid Packages may be obtained. C. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site, if any, to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect costs, progress or performance of the Work; (d) familiarize himself with the unique weather conditions of the City of Aspen and surrounding area that may affect costs, progress or performance of Work; and (e) study and carefully correlate Bidder's observations with the Contract Documents. D. Reference is made to the Special Conditions and the Invitation for Bid for the identification of those specific requirements of the project or otherwise affecting cost, progress or performance of the Work which have been relied upon by the City of Aspen or a consultant in preparing any Drawings or Specifications. These special provisions supersede the General Conditions in the Contract Documents. Before submitting the Bid, each Bidder will, at his/her own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. E. Reference is made to the Invitation for Bids to determine the place, date, and time for delivering sealed Bid proposal for this project. IS1-971.doc IS1 Page: 3 City of Aspen - Instructions to Bidders F. Bids shall be submitted at the time and date indicated in the Invitation for Bids and other required documents. Bids submitted by facsimile machine (FAX) or email shall not be accepted or considered. G. Each Bid must be accompanied by Bid Security made payable to the City of Aspen, in an amount of five percent (5%) of the maximum Bid price or as set in the Invitation for Bids and in the form of a certified or bank check or a Bid Bond (on form attached). The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract for Construction and furnished the required Payment, Performance, and Maintenance Bonds, or other Bonds if any are required by the Special Conditions, whereupon it will be returned; if the Successful Bidder fails to execute and deliver the Contract for Construction and furnish the required bonds and insurance certificates, within seven (7) days of the hand delivery or fax transmittal of the Notice of Award, the City of Aspen may annul the Notice of Award and the Bid Security of that Bidder shall be forfeited. The Bid Security of any Bidder whom the City of Aspen believes to have a chance of receiving the award may be retained by the City of Aspen until the day after the "effective date of the Contract for Construction" (which term is defined in the General Conditions) or the sixty first (61) day after the Bid opening, whichever is later in time. Bid Security of other Bidders will be returned within ten (10) days of the Bid award by the City Council. H. Reference is made to the Contract Documents for any Bid Forms that may be required to be completed as part of the Bid. Bid Proposal Forms, as required, must be completed in ink or by a printer/typewriter. The Bid price must be stated in words and numerals; in case of a conflict, words will take precedence. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by partnerships must be executed in the partnership named and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. I. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. No Bid may be withdrawn for a period of sixty (60) days after the date fixed for opening of bids. IS1-971.doc IS1 Page: 4 City of Aspen - Instructions to Bidders J. At the place, date and time fixed for opening bids, all bids received prior to that time shall be publicly opened and read aloud. All bids shall remain open for a period of thirty (60) days, but the City may, in its sole discretion, release any Bid and return the Bid Security prior to that date. K. The City shall then evaluate each bid in the best interests of the City of Aspen. The bids shall be evaluated to determine which are the lowest responsive and responsible bids. In making that evaluation, total price, the evaluation criteria set forth in the Invitation for Bids, and the following specific criteria shall be considered: 1. The ability, capacity and skill of the bidder to perform the contract or provide the Service or Construction required; 2. Whether the bidder can perform the contract or provide the Construction promptly, or within the time specified, without delay or interference; 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder; 4. The quality of performance of previous contracts or Construction; 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or Construction; 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the Construction; 7. The affirmative action goal preferences set forth at Chapter 4.04 of the Aspen Municipal Code. 8. Any other criteria for evaluating Bids set forth in the Invitation for Bids. L. Prior to accepting a bid, the City may decide to interview one or more bidders to negotiate final contract terms for inclusion in the Agreement. M. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five (5) days of a request written evidence of additional information, such as financial data, previous experience or evidence of authority to conduct business in the state of Colorado. N. Upon determining the successful bidder, the City of Aspen shall send to the successful bidder a Notice of Award notifying the recipient of the City's acceptance of the bidders proposal, subject to City Council or City Manager IS1-971.doc IS1 Page: 5 City of Aspen - Instructions to Bidders approval of the Contract Documents. The Notice of Award shall also forward to the presumptive successful bidder an electronic copy of the Agreement with instructions to execute and return the same to the City within seven (7) consecutive calendar days or risk having their bid declared abandoned. If the City Council approval is required pursuant to Section 3-11 of the Aspen Municipal Code, then the City Council at its next regularly scheduled meeting following receipt by the City of the duly executed copies of the Contract for Construction shall be asked to consider approval of the Agreement and authorize the Mayor of the City of Aspen to execute the same. If City Council approval is not required, then the Contract for Construction shall be executed by the City Manager. O. Upon receipt of Performance, Payment, and Maintenance Bonds, or other bonds when required by the Special Conditions, the City shall send to the Successful Bidder a Notice to Proceed duly executed by the Purchasing Officer and hold a mandatory Pre-construction conference. 7. All purchases of construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The City of Aspen's State of Colorado tax identification number is 98-04557. The City of Aspen's Federal Tax Identification Number is 84-6000563. 8. Reference is made to the Special Conditions for the nature and amount of any required Maintenance, Payment or Performance Bonds. 9. There are specific indemnity and insurance requirements which the Successful Bidder must comply with prior to the start of Work for this project. These requirements are set forth in detail in the General Conditions. 10. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he/she has complied with every requirement of these instructions and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 11. Reference is made to the Invitation for Bids for the identity of the City of Aspen's Purchasing Officer 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 posted on the City’s designated website for publishing solicitations or delivered to all parties recorded by the Purchasing Officer as having received a Bid Package. Questions received less than seven (7) days prior to the date of Bid openings may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 12. All City procurements, source selection, contract formation, legal and contractual remedies, and standards of conduct relating to procurements with the City of Aspen are subject to the City's Procurement Code, Chapter 4 of the Municipal Code. IS1-971.doc IS1 Page: 6 City of Aspen - Instructions to Bidders 13. By submitting a bid, Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. GC-25-4.doc - Page 1 City of Aspen - General Conditions for Construction Contracts General Conditions for Construction Contracts (Version GC-25-4) GC-25-4.doc - Page 2 City of Aspen - General Conditions for Construction Contracts CITY OF ASPEN, COLORADO GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS Version GC-25-4 TABLE OF CONTENTS Table of Contents ARTICLE 1 – DEFINITIONS ..................................................................................................................... 6 1.1 DEFINITIONS .................................................................................................................................. 6 1.2 TERMS .......................................................................................................................................... 7 ARTICLE 2 - PRELIMINARY MATTERS .................................................................................................... 9 2.1 DELIVERY OF BONDS: ....................................................................................................................... 9 2.2 COPIES OF DOCUMENTS: .................................................................................................................. 9 2.3 COMMENCEMENT OF CONTRACT TIME, NOTICE TO PROCEED: .................................................................. 9 2.4 EXECUTION OF AGREEMENT BY OWNER. .............................................................................................. 9 2.5 STARTING THE PROJECT: ................................................................................................................. 10 2.6 BEFORE STARTING THE PROJECT: ...................................................................................................... 10 2.7 PROJECT CERTIFICATE SUBMISSION ................................................................................................... 10 2.8 PRE-CONSTRUCTION CONFERENCE: ................................................................................................... 10 2.9 PROJECT PROGRESS MEETINGS ........................................................................................................ 10 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE ................................................... 10 3.1 INTENT: ...................................................................................................................................... 10 3.2 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: .................................................................. 11 3.3 REUSE OF DOCUMENTS: ................................................................................................................. 11 3.4 PRECEDENCE OF CONTRACT DOCUMENTS: ............................................................................... 11 3.5 REPORTING AND RESOLVING DISCREPANCIES ...................................................................................... 11 4 ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS ....................... 12 4.1 AVAILABILITY OF LANDS: ................................................................................................................ 12 4.2 PHYSICAL CONDITIONS: .................................................................................................................. 12 GC-25-4.doc - Page 3 City of Aspen - General Conditions for Construction Contracts 4.3 PHYSICAL CONDITIONS - UNDERGROUND FACILITIES: ............................................................................ 13 4.4 REFERENCE POINTS: ...................................................................................................................... 13 4.5 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE: ............................................................ 14 4.6 HAZARDOUS MATERIALS ................................................................................................................ 15 4.7 CONTRACTOR REPRESENTATIONS ..................................................................................................... 16 5 ARTICLE 5 - BONDS, INDEMNIFICATION AND INSURANCE ............................................................ 16 5.1 PERFORMANCE, PAYMENT, AND MAINTENANCE BONDS: ....................................................................... 16 5.2 INDEMNIFICATION: ........................................................................................................................ 16 5.3 CONTRACTOR'S INSURANCE:............................................................................................................ 16 5.4 CITY'S LIABILITY INSURANCE: ........................................................................................................... 18 6 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ............................................................................. 18 6.1 GENERAL RESPONSIBILITIES: ............................................................................................................ 18 6.2 SUPERVISION AND SUPERINTENDENCE: .............................................................................................. 19 6.3 LABOR, MATERIALS AND EQUIPMENT: ............................................................................................... 19 6.4 RESERVED ................................................................................................................................... 19 6.5 RESERVED ................................................................................................................................... 19 6.6 RESERVED ................................................................................................................................... 19 6.7 WORK SCHEDULE: ......................................................................................................................... 19 6.8 SUBSTITUTES OF "OR-EQUAL" ITEMS: ................................................................................................ 20 6.9 SUBCONTRACTORS, SUPPLIERS AND OTHERS: ...................................................................................... 20 6.10 SUBCONTRACTING AND PERCENTAGE OF WORK AWARDED TO SUBCONTRACTOR(S): ................................. 21 6.11 PATENT FEES AND ROYALTIES: ....................................................................................................... 21 6.12 PERMITS: ................................................................................................................................... 21 6.13 LAWS AND REGULATIONS: ............................................................................................................ 21 6.14 TAXES: ..................................................................................................................................... 22 6.15 USE OF PREMISES: ...................................................................................................................... 22 6.16 RECORD DOCUMENTS: ................................................................................................................. 22 6.17 SAFETY AND PROTECTION: ............................................................................................................ 22 6.18 EMERGENCIES: ............................................................................................................................ 23 6.19 SHOP DRAWINGS AND SAMPLES: ..................................................................................................... 23 6.20 MECHANICS' LIENS: ...................................................................................................................... 24 6.21 CONTINUING THE WORK: ............................................................................................................... 25 6.22 CONTRACTOR FACILITIES: ............................................................................................................... 25 7 ARTICLE 7 - OTHER WORK ............................................................................................................ 25 7.1 RELATED WORK AT SITE: ................................................................................................................. 25 7.2 COORDINATION: ............................................................................................................................ 25 8 ARTICLE 8 - CITY'S RESPONSIBILITIES ............................................................................................ 25 GC-25-4.doc - Page 4 City of Aspen - General Conditions for Construction Contracts 8.1 COMMUNICATION PROCEDURE: ........................................................................................................ 25 8.2 CONTRACT DOCUMENT REQUIREMENTS: ............................................................................................. 26 8.3 APPROPRIATION OF BUDGET AND CONTRACT VALUE: ........................................................................... 26 9 ARTICLE 9 –PROJECT MANAGER’S STATUS DURING CONSTRUCTION ............................................ 26 9.1 CITY'S REPRESENTATIVE: ................................................................................................................ 26 9.2 VISITS TO SITE: .............................................................................................................................. 26 9.3 PROJECT REPRESENTATION: .............................................................................................................. 26 9.4 CLARIFICATION AND INTERPRETATIONS: ............................................................................................... 26 9.5 AUTHORIZED VARIATIONS IN WORK AND MINOR CONTRACT REVISIONS: ..................................................... 26 9.6 REJECTING DEFECTIVE WORK: ........................................................................................................... 26 9.7 SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS: ............................................................................. 27 9.8 DECISIONS ON DISPUTES: ................................................................................................................. 27 9.9 RESERVED .................................................................................................................................... 27 9.10 LIMITATIONS ON PROJECT MANAGER ’S RESPONSIBILITIES: ..................................................................... 27 10 ARTICLE 10 CHANGES IN WORK .................................................................................................. 28 10.1 UNAUTHORIZED CHANGES IN THE WORK ......................................................................................... 28 10.2 UNAUTHORIZED CHANGES IN THE WORK ......................................................................................... 28 10.3 WRITTEN NOTICE OF CHANGE ........................................................................................................ 28 10.5 CONTRACTOR CHANGE REQUEST ..................................................................................................... 28 10.6 DOWN TIME: .............................................................................................................................. 29 10.7 SUBMITTAL REQUIREMENTS AND WAIVER OF CLAIMS ........................................................................... 29 11 ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACT TIME ................................................ 29 11.1 CONTRACT PRICE ADJUSTMENTS. ................................................................................................... 29 11.2 CONTRACT TIME ADJUSTMENTS. ...................................................................................................... 30 11.3 CONTRACT SUM DETERMINATION .................................................................................................... 30 11.4 COST AND PRICING DATA ............................................................................................................... 31 11.5 VARIATION IN QUANTITY OF UNIT PRICED ITEMS: ................................................................................ 31 12 ARTICLE 12 – RESERVED ............................................................................................................. 31 13 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ............................................................................................... 32 13.1 WARRANTY: ............................................................................................................................... 32 13.2 ACCESS TO WORK: ....................................................................................................................... 33 13.3 TESTS AND INSPECTIONS: ............................................................................................................... 33 13.4 UNCOVERING WORK: ................................................................................................................... 33 GC-25-4.doc - Page 5 City of Aspen - General Conditions for Construction Contracts 13.5 CITY MAY STOP THE WORK: ........................................................................................................... 34 13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK: ................................................................................ 34 13.7 CORRECTION PERIOD: ................................................................................................................... 34 13.8 ACCEPTANCE OF DEFECTIVE WORK: ................................................................................................ 34 13.9 CITY MAY CORRECT DEFECTIVE WORK: ............................................................................................. 34 3.10 CORRECTION PERIOD: ................................................................................................................... 35 14 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ................................................... 35 14.1 DETERMINATION OF WORK VALUE: .................................................................................................. 35 14.2 APPLICATION FOR PROGRESS PAYMENT: ............................................................................................ 35 14.3 CONTRACTOR'S WARRANTY OF TITLE: ............................................................................................... 36 14.4 PROJECT MANAGER ’S REVIEW OF PROGRESS PAYMENTS. ...................................................................... 36 14.5 SUBSTANTIAL COMPLETION: ........................................................................................................... 36 14.6 PARTIAL UTILIZATION: ................................................................................................................... 37 14.7 FINAL INSPECTIONS: ..................................................................................................................... 37 14.8 FINAL PROGRESS PAYMENT: ........................................................................................................... 37 14.9 SETTLEMENT DATE, NOTICE TO SUBCONTRACTORS, ACCEPTANCE AND FINAL PAYMENT: ................................ 37 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION................................................................... 39 15.1 CITY MAY SUSPEND WORK: ........................................................................................................... 39 15.2 CITY MAY TERMINATE: .................................................................................................................. 39 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE: ................................................................................. 40 ARTICLE 16 - MISCELLANEOUS ............................................................................................................ 40 16.1 NONDISCRIMINATION ................................................................................................................... 40 16.3 COMPUTATION OF TIME: ............................................................................................................... 41 16.4 GENERAL RESPONSIBILITIES: ........................................................................................................... 41 16.5 INDEPENDENT CONTRACTOR STATUS: ............................................................................................... 41 16.6 PROHIBITED INTEREST: .................................................................................................................. 42 16.7 WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND CONFLICT OF INTEREST: ..................... 42 16.8 PAYMENTS SUBJECT TO ANNUAL APPROPRIATIONS: ............................................................................. 42 16.9 CONTRACTOR ACCEPTANCE: ........................................................................................................... 42 16.10 SUCCESSORS AND ASSIGNS ........................................................................................................... 43 16.11 THIRD PARTIES .......................................................................................................................... 43 16.12 WAIVER .................................................................................................................................. 43 16.13 CONTRACT MADE IN COLORADO .................................................................................................... 43 16.14 ATTORNEY'S FEES ...................................................................................................................... 43 16.15 WAIVER OF PRESUMPTION ............................................................................................................... 43 16.16 SEVERABILITY CLAUSE: ................................................................................................................ 43 16.17 AUDIT AND RECORDS .................................................................................................................. 43 16.8 AUDIT ....................................................................................................................................... 43 GC-25-4.doc - Page 6 City of Aspen - General Conditions for Construction Contracts INTRODUCTION The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all, unless certain services or equipment are specifically excluded. These General Conditions have been prepared to be incorporated by reference into the Contract entered between the City and the Contractor. In the event of conflict or inconsistency among the Contract Documents, the order of precedence set forth in the Contract for Construction shall govern the interpretation of the Contract between the City of Aspen and the Contractor. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with their recognized meanings, provided however that those terms required to be defined in the Proposal by the Contractor shall have the meaning given to them in the Proposal to the extent that they are not in conflict with any other part or term of the Contract Documents. ARTICLE 1 – DEFINITIONS 1.1 Definitions Whenever the words, forms, or phrases defined herein, or pronouns used in their place occur in the Contract Documents, the intent and meaning shall be interpreted as follows: ASCE American Society of Civil Engineers NACE National Society for Corrosion Engineers SSPC Special Society for Paint Council AASHTO American Association of State Highway and Transportation Officials AIA American Insurance Association SICS American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute (formerly ASA and USASI) ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWG American Wire Gauge AWS American Welding Society BAFO Best and Final Offer CDOT Department of Transportation, State of Colorado O&M Operations and Maintenance DHA Detailed Hazards Analysis EBD Escrow Bid Documents EIA Electronic Industries Association EPA United States Environmental Protection Agency FCC Federal Communications Commission FHWA Federal Highway Administration FTA Federal Transit Administration HVAC Heating, Ventilation, and Air Conditioning NBS National Bureau of Standards NEC National Electric Code NTP Notice to Proceed NESC National Electric Safety Code NFPA National Fire Protection Association OSHA Occupational Safety and Health Administration PHA Preliminary Hazards Analysis SAE Society of Automotive Engineers UL Underwriter's Laboratories, Inc. UMTA United States Department of Transportation, Urban Mass Transportation Authority UD&FCD Urban Drainage and Flood Control District MUTCD Manual on Uniform Traffic Control Devices GC-25-4.doc - Page 7 City of Aspen - General Conditions for Construction Contracts 1.2 Terms Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents, Contract Documents, drawings, details or specifications. Bid - The offer or proposal of the bidder submitted on the prescribed form(s) setting forth the prices for the Work to be performed. Bidder - Any qualified responsible and responsive firm or corporation submitting a Bid for the Work. Bid Package - All information and standard Contract Documents prepared by the City to assist potential bidders to prepare their bids. Bonds - Bid, performance, payment, maintenance bonds and other acceptable instruments of financial security, furnished by the Contractor and his/her surety in accordance with the Contract Documents. Change Order - A written order to the Contractor authorizing an addition, deletion or revision in the Work within the general scope of the Contract Documents or authorizing an adjustment in the Contract Price or Contract Time, issued on or after the Effective Date of the Contract for Construction. City or Owner - The City of Aspen in Pitkin County, Colorado. Contract - All contract documents attached to the Contract for Construction and made a part thereof as provided herein. Contract Documents - The Contract including Invitation to Bid, Instructions to Bidders, Bid Proposal, Addenda, General Conditions, Special Conditions, Contract for Construction, Bid Bond, Notice of Award, Payment, Performance, and Maintenance Bonds, Drawings identified in the Contract Documents or attached as part of the Bid, and Specifications identified in the invitation to Bid or attached as part of the Bid, Affidavit of Compliance form, Liquidated Damages form, Contractor’s License form, Daily Construction Log form, Progress Pay Estimate form, and Insurance Certificates. Contract for Construction - The written agreement between City and Contractor covering the Work to be performed. Contractor - The qualified responsible and responsive firm or corporation with whom the City has entered the Contract for Construction. Contract Price - The money payable by the City to the Contractor under the Contract Documents stated in the Contract for Construction (subject to the provisions of paragraph 11.4.), except for the Minor Contract Revisions item(s) which are subject to the City’s written authorization for expenditure. Contract Time - The number of the consecutive calendar days or the working days and/or the deadline set in the Contract Documents for the completion of the Work. Daily Construction Log - The form furnished by the Project Manager, used by the City Project Inspector to record the Contractor’s daily work quantities and project events. Daily construction log is the only verified justification for payment to the Contractor. Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to the Project Manager’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by the City at Substantial Completion in accordance with paragraph 14.5 or 14.6). Drawings - The part of the Contract Documents which show the character and scope of the Work to be performed, and which have been prepared or approved by the Project Manager. GC-25-4.doc - Page 8 City of Aspen - General Conditions for Construction Contracts Effective Date of the Contract for Construction - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. Project Manager- The person, firm, corporation or the City Project Manager, named as such in the Contract Documents. Field Order - A written order affecting a change in the Work not involving an adjustment in the Contract Time, issued by the Project Manager to the Contractor during construction. Hazardous Materials - The term "Hazardous Materials" shall have the meaning set forth at 42 U.S.C. ' 9601(14) and regulations promulgated pursuant thereto. Laws and Regulations; Laws or Regulations - Laws, rules regulations, ordinances, procurement code and/or orders. Notice of Award - The written notice by the City to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the condition’s precedent enumerated therein, within the time specified, the City will sign and deliver the Contract. Notice to Proceed - A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform Contractor's obligations under the Contract Documents. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Procurement Code - Title 4 of the City of Aspen Municipal Code. Progress Pay Estimate - The form furnished by the Project Manager, which is to be used to record, approve, and process payment when the Contractor requests progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Project Inspector - The authorized Technician, designated by the City Project Manager to observe construction, materials placement and testing and to prepare the Daily Construction Logs and field reports. Punch List - A form or letter that lists all incomplete or deficient Bid items and is prepared upon substantial completion of the Work by the City Project Inspector. Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are specifically prepared by or for the Contractor and the sub-contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by the Contractor and the Sub-contractor to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - A firm or corporation having a direct contract with the Contractor or with any other Sub-contractor for the performance of a part of the Work at the site. Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of the Project Manager as evidenced by the Project Manager’s acceptance, is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. GC-25-4.doc - Page 9 City of Aspen - General Conditions for Construction Contracts Special Conditions or Special Provisions - The part of the Contract Documents which amend or supplements these General Conditions. Supplier - A manufacturer, fabricator, supplier, distributor, material-man or vendor who supplies materials or equipment for the Work including that fabricated to a special design but who does not perform labor at the site. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services for materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater and surface runoff removal, traffic or other control systems. Unit Price Work - Work to be paid for based on unit prices. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents and those not specifically mentioned but necessary for successful completion of the Bid items. Written Notice or Written Notice of Amendment - A written amendment of the Contract Documents, signed by the City and the Contractor on or after the Effective Date of the Contract for Construction and normally dealing with the non- engineering or non-technical rather than strictly Work-related aspects of the Contract Documents ARTICLE 2 - PRELIMINARY MATTERS 2.1 Delivery of Bonds: When Contractor delivers the executed Contracts to the Purchasing Department, the Contractor shall also deliver such Bonds as the Contractor is be required to furnish in accordance with paragraph 5.1. 2.2 Copies of Documents: The City shall furnish to the Contractor digital copy (unless otherwise specified in the Special Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. 2.3 Commencement of Contract Time, Notice to Proceed: Prior to the City issue a Notice to Proceed, either the City Manager or the Mayor of the City of Aspen shall approve the Contract Documents and shall execute the same. Notwithstanding any representations to the contrary made by the City’s employees, either directly, indirectly, or by implication, no Contract shall be in effect nor shall be binding upon the City until such time as the Contract is executed by the City pursuant to authority granted in accordance with Section 4-08-040 of the Procurement Code. The City shall issue a Notice to Proceed after either (a) the City Manager has executed the Contract, or (b) The City Council has authorized the execution of the Contract, and the Contractor has executed the Contract and other Contract Documents, and has delivered the specified bonds, Certificates of Insurance, as are required, and any other documents required to be delivered by the Special Conditions and Addenda(s) if any issued. The Contract Time will commence to run on the day indicated in the Notice to Proceed. 2.4 Execution of Agreement by Owner. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the Owner unless duly executed in accordance with the requirements of the Owner’s municipal code by the Mayor of the City of Aspen, or a duly authorized official in his absence, following approval of the City Council. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made during an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. GC-25-4.doc - Page 10 City of Aspen - General Conditions for Construction Contracts If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant’s violation of Subsection 8-17.5-102, C.R.S. It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. If any of the provisions of this agreement shall be held invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision. 2.5 Starting the Project: The Contractor shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run and prior to a pre-construction conference conducted by the City, if requested. 2.6 Before Starting the Project: Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Project Manager any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from the Project Manager before proceeding with any Work affected thereby. Within Three Days after the Effective Date of the Contract (unless otherwise specified in the Special Conditions or General Requirements), the Contractor shall submit to the Project Manager for review: 2.6.1 An estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2 A preliminary schedule of submittals and 2.6.3 Quality Control and Quality Assurance (QA/QC) plan and policy to identify the specific steps the Contractor will take to ensure the highest quality in the constructed Bid items. 2.6.4 A Work Zone Safety Implementation & Enforcement Plan with specific action process. 2.7 Project Certificate Submission Before any Work at the site is started, the Contractor shall deliver to the City and Purchasing Officer, copies of certificates (and other evidence of insurance requested by the City) which the Contractor is required to purchase and maintain. 2.8 Pre-Construction Conference: Within Seven (7) Consecutive Calendar Days after the Effective Date of the Bid Award, and before the Contractor starts the Work at the site, he/she and all of his/her sub-contractors and suppliers shall attend a pre-construction conference, conducted by the Project Manager and others as appropriate to discuss coordination of construction activities, procedures for handling Shop Drawings and other issues, and to establish a working understanding among the parties as to the Work. 2.9 Project Progress Meetings The City and the Contractor shall meet once a week (or as advised by Project Manager) to review the construction activities, rate of progress, and other project related issues to ensure efficient and smooth progress of work. ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE 3.1 Intent: The Contract Documents comprise the entire agreement between the City and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Colorado. 3.1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably GC-25-4.doc - Page 11 City of Aspen - General Conditions for Construction Contracts be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Contract if there were no Bids) except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor or the Project Manager , or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the Project Manager, Engineer, or any of the Project Manager ’s consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 9. Clarifications and interpretations of the Contract Documents shall be issued by the Project Manager as provided in section 9.4. 3.1.2 If, during the performance of the Work, the Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall report to the Project Manager and the City in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from the Project Manager. 3.2 Amending and Supplementing Contract Documents: The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.2.1 A formal Amendment of the Contract for Construction; 3.2.2 A Change Order pursuant to paragraph 10.3. As indicated in Article 11 Contract Price and Contract Time may only be changed by a Change Order or a Written Notice of Amendment. 3.2.3 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.2.3.1 A Field Order (pursuant to paragraph 9.5); 3.2.3.2 The Project Manager ’s approval of a Shop Drawing or sample (pursuant to paragraphs 6.19.5 and 6.19.6); or, 3.2.3.3 The Project Manager ’s written interpretation or clarification (pursuant to paragraph 9.4). 3.3 Reuse of Documents: Neither the Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the City shall have or acquire any title to or ownership rights in any of the design details, drawings or specifications. 3.4 Precedence of Contract Documents: The Contract governs over the Contract Documents. A Change Order governs over all other Contract Documents impacted by change. The Special Conditions govern over the General Conditions. 3.5 Reporting and Resolving Discrepancies 3.5.1 Reporting Discrepancies 3.5.1.1 Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Project Manager any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Project Manager before proceeding with any Work affected thereby. GC-25-4.doc - Page 12 City of Aspen - General Conditions for Construction Contracts 3.5.1.2 Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Project Manager in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.18) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.2 and Articles 10 and 11. 3.5.1.3 The Contractor shall be liable to Owner or Project Manager for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents. 3.5.2 Resolving Discrepancies 3.5.2.1 Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: 3.5.2.2 the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); 3.5.2.3 or the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 4 ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 4.1 Availability of Lands: The City shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights- of-way and easements for access thereto. The Contractor shall have full responsibility with respect to any conditions or provisions contained in applicable easements relating to the lands upon which the Work is to be performed. 4.2 Physical Conditions: 4.2.1 EXPLORATIONS AND REPORTS: Reference is made to the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Project Manager in preparation of the Contract Documents. The Contractor may reasonably rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. the Contractor shall have full responsibility with respect to subsurface conditions at the site. Contractor shall not, by virtue of this paragraph, be relieved from exercising ordinary skill and competence with respect to reliance upon the accuracy of the technical data contained in such reports. 4.2.2 EXISTING STRUCTURES: Reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by the Project Manager in preparation of the Contract Documents. The Contractor may reasonably rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. the Contractor shall have full responsibility with respect to physical conditions in or relating to such structures. The Contractor shall not, by virtue of this paragraph, be relieved from exercising ordinary skill and competence with respect to reliance upon the accuracy of the technical data contained in such drawings. 4.2.3 REPORT OF DIFFERING CONDITIONS: If the Contractor believes that: 4.2.3.1 Any technical data on which the Contractor is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate; or 4.2.3.2 Any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents, GC-25-4.doc - Page 13 City of Aspen - General Conditions for Construction Contracts Then, the Contractor shall promptly, after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.18) notify the City and the Project Manager in writing about the inaccuracy or difference. 4.2.4 Project Manager ’S REVIEW: The Project Manager will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise the City in writing (with a copy to the Contractor) of the Project Manager 's findings and conclusions. 4.2.5 POSSIBLE DOCUMENT CHANGE: If the Project Manager concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 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 Project Manager or his/her designee prior to implementing any such change in the Work. 4.3 Physical Conditions - Underground Facilities: 4.3.1 SHOWN OR INDICATED: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to the City or the Project Manager by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Special Conditions: 4.3.1.1 The City and the Project Manager shall not be responsible for the accuracy or completeness of any such information or data; and, 4.3.1.2 The Contractor shall have full responsibility for determining the existence of all Underground Facilities, for reviewing and checking and potholing for all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.17 and for repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price or approved as a Change Order. 4.3.2 NOT SHOWN OR INDICATED: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which Contractor could not reasonably have been expected to be aware of, Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.18), identify the owner of such Underground Facility and give written notice thereof to that owner and to the City and the Project Manager . The Project Manager will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.17. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and of which the Contractor could not reasonably have been expected to be aware of such Underground Facility and subject to acceptance and approval by the Project Manager. 4.4 Reference Points: The City shall provide engineering surveys to establish reference points for construction which in the Project Manager ’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or re-locations without the prior written approval of the City. The Contractor shall report to the Project Manager whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations and shall be responsible for the accurate replacement or relocation of such reference points by a Registered Professional Land Surveyor Licensed in the State of Colorado. GC-25-4.doc - Page 14 City of Aspen - General Conditions for Construction Contracts 4.5 Protection and Restoration of Property and Landscape: 4.5.1 The Contractor shall be responsible for the preservation of all public and private property and shall protect carefully from disturbance or damage all land and property and shall protect carefully from disturbance or damage all land and monuments and property marks until the Project Manager has witnessed or otherwise referenced their location and shall not remove them until directed. 4.5.2 The Contractor shall be responsible for all damage or injury to property of any character, during the execution of the Work, resulting from any act, omission, neglect, or misconduct in his manner or method of executing the Work, or at any time due to defective Work or materials, and said responsibility shall not be released until the project shall have been completed and accepted. 4.5.3 When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct by the Contractor in the execution of the Work, or in consequence of the non-execution thereof by the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. Trees removed or damaged which are “code-sized” as defined in section 4.5.10.2 below and per Aspen Municipal code 13.20.020 are subject to mitigation valuations, applicable fines and planting requirements to offset losses as determined by the Aspen City Forester/ Parks Department. 4.5.4 State Highway 82 and the streets within the corporate limits of the City of Aspen are viewed by the City as a community asset which enhances the tourism industry. The City, therefore, desires to save all vegetation and other environmental features except for those which have been specifically identified for removal in the Contract Documents. 4.5.5 Materials storage, equipment parking, vehicle parking and stockpiling excavated materials shall be allowed only in those areas designated by the Project Manager. No such activity will be allowed in the critical root zones (CRZ) of trees on or adjacent to the site without a valid tree permit or the Aspen City Forester/ Parks Department per the requirements of Aspen Municipal code 13.20.020 4.5.6 Specific areas of vegetation and other environmental features to be protected shall be staked, fenced, or otherwise marked in the field as indicated in the contract documents. However, the fact that areas of vegetation and other environmental features are not marked shall not necessarily mean that those items are expendable. The Contractor shall perform all his activities in such a manner that the least environmental damage shall result. Any questionable areas or items shall be brought to the attention of the Project Manager for approval prior to removal or any damage activity. Damage or destruction of unmarked trees or shrubs which could reasonably have been saved shall therefore be subject to the provisions of these General Conditions. 4.5.7 If the fence, staking or marking is knocked down or destroyed by the Contractor, the Project Manager shall suspend the Work in whole or in part, until the fence or other protection is repaired to the Project Manager ’s satisfaction at the Contractor's expense. Time lost due to such suspension shall not be considered a basis for adjustment of Contract Time or for compensation to the Contractor. 4.5.8 If the Contractor disturbs any of the landscape not called for removal, he/she shall restore those areas as directed at the Contractor's expense. 4.5.9 The City may require that the Contractor replants an area that is damaged. The Work shall be done as directed by the Project Manager. If the Contractor is deemed to be responsible, then the replanting shall be done by the Contractor at his/her expense. If the City is responsible, the costs will be reimbursed on a minor contract revisions (MCR) basis unless the existing cost proposal covers the Work. 4.5.10 With respect to the replacement of trees and shrubs that have been damaged or destroyed, the following conditions shall apply: 4.5.10.1 Trees or shrubs of replaceable size which cannot be protected and preserved as determined by the Aspen City Forester/ Parks Department shall be replaced by the Contractor at his/her expense. If the Contractor fails to replace damaged trees or shrubs within a reasonable length of time as determined by the Project Manager and prior to the end of the contract time, the replacement value of the trees or shrubs will be deducted from any money GC-25-4.doc - Page 15 City of Aspen - General Conditions for Construction Contracts due to the Contractor. These values shall be based upon current prices of nurseries growing the plants, plus the cost for planting and a guarantee for a minimum of two years. 4.5.10.2 When trees or shrubs beyond replaceable size (“code-sized trees” See definitions below) are damaged or destroyed, the value of such trees or shrubs shall be assessed by the Aspen City Forester/Parks Department per City of Aspen municipal code 13.20.020 as follows: Valuation of trees. When, in accordance with this Section, the value of a tree must be determined, the Basic Value shall be $X per square inch of the cross sectional area of the tree at the point where the diameter of the tree is measured. In calculating the Basic Value, the following equation shall be used: Basic Value = $Xxπx (D/2) 2 Where: D = the diameter of the tree in inches, measured at 4.5 feet from the ground. X = the $(dollar) value assigned in the Tree Fees - Mitigation Fee in Section 2.12.080. Code-sized trees: per the City of Aspen Municipal code a tree or code-sized tree as commonly referred to is defined as “all deciduous trees having a trunk diameter at breast height (DBH) of six (6) inches or more, Querus gambelli (Gamble Oak), Acer glabrum (Rocky Mountain Maple), Amelanchier spp. (Serviceberry) and Prunus Virginiana (Chokecherry) with a trunk diameter of three (3) inches or more and coniferous trees having a trunk diameter of four (4) inches or more. Trunk diameters (DBH) shall be measured in inches measured as close to four and one-half (4½) feet above ground as possible.” 4.5.10.3 Any deduction assessed as liquidated damages under this section shall not relieve the Contractor from liability for any damages or costs resulting from delays to the City, traveling public or other contractors. 4.6 Hazardous Materials 4.6.1 Prior to commencement of any Work and as a condition precedent to payment by the City of any costs for it, the Contractor shall at no additional cost to the City conduct tests the Contractor deems necessary to determine the existence of Hazardous Materials by appropriately licensed Subcontractors or entities. The City shall reimburse the Contractor for the invoice costs of the tests, only in the event that the Contractor furnishes the City with certified test data and results which confirm the existence of Hazardous Materials. 4.6.2 If Hazardous Materials are discovered on or under real property which is owned by the City before the date of Substantial Completion and Acceptance in accordance with Article 14 herein, which property is within the Project right-of-way, the City shall, upon the request of the Contractor, and at the City's sole cost and expense, cause any such Hazardous Materials to be encapsulated, treated or removed from such real property and transported for final disposal in accordance with all Laws and Regulations, and shall cause such real property to be restored to its condition existing prior to such removal (except for the absence of Hazardous Materials), including, to the extent required, any grading and reinforcement necessary to restore the weight-bearing capacity of such real property prior to such event. The City shall remove the Hazardous Materials and restore the real property in such a manner as not to interfere with the Contractor's construction or operation of the Project. 4.6.3 If Hazardous Materials are present on or under the Project right-of-way as a result of any discharge, dumping or spilling on the Project right-of-way during the term of the Contract by any party, including the Contractor, other than an agency of the executive branch of State or Federal Government, the Contractor shall at the Contractor's sole cost and expense, cause any such Hazardous Materials to be encapsulated, treated or removed from the Project right-of-way and transported for final disposal in accordance with all applicable Laws and Regulations, and shall cause the Project right-of-way to be restored to its condition existing prior to such removal (except for the absence of the Hazardous Materials), including, to the extent required, any grading and reinforcement necessary to restore the weight-bearing capacity of the Project right-of-way prior to such event. 4.6.4 The City shall not be responsible for the cost of and the removal or clean-up of Hazardous Materials found in any materials brought to the Project Site, after the Project Site is turned over to the Contractor. 4.6.5 The Contractor shall provide the Project Manager with a written certification each time materials or equipment is brought onto the Work site that such materials or equipment do not contain Hazardous Materials. GC-25-4.doc - Page 16 City of Aspen - General Conditions for Construction Contracts 4.6.6 The Contractor and the City shall cooperate with each other in the prosecution of any claim against or defense of any claims made by third parties in connection with Hazardous Materials present on the Project right-of-way or contiguous properties owned or controlled by the City. 4.7 Contractor Representations By executing the Contract, the Contractor represents that he/she has visited the site, familiarized him/herself with the local conditions under which the Work is to be performed (including weather conditions which can be expected), and correlated his observations with the requirements of the Contract Documents. 5 ARTICLE 5 - BONDS, INDEMNIFICATION AND INSURANCE 5.1 Performance, Payment, and Maintenance Bonds: 5.1.1 Contractor shall furnish performance, payment, and maintenance Bonds, each in an amount specified in the Special Conditions as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. These Bonds shall remain in effect until the job is advertised and closed except for the Maintenance Bond which shall remain in full force and effect for Two Years from the date of project closure, except as otherwise provided by the Contract Documents. The Contractor shall also furnish such other Bonds as are required by the Special Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.1.2 If the surety on any Bond furnished by Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of paragraph 5.1, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to the City. 5.2 Indemnification: Contractor agrees to indemnify and hold harmless the City of Aspen, its officers, and employees from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, but only to the extent and for an amount represented by the degree or percentage of negligence, or fault of the Contractor any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen’s compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The extent of the Contractor’s obligation to indemnify or hold harmless any indemnity obligee may be determined only after the Contractor ’s liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the Contractor and the indemnity obligee. The Contractor’s duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. Nothing contained herein shall be construed or interpreted as denying to either party any remedy or defense available to such party under the laws of the State of Colorado, including the Colorado Governmental Immunity Act. 5.3 Contractor's Insurance: 5.3.1 The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 5.2 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 5.2 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. 5.3.2 Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the GC-25-4.doc - Page 17 City of Aspen - General Conditions for Construction Contracts Contractor pursuant to Section 5.2 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 5.3.2.1 Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. 5.3.2.2 Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. 5.3.2.3 Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section shall be met by each employee of the Contractor providing services to the City under this contract. 5.3.2.4 Pollution Liability insurance with a minimum combined single limit for bodily injury, property damage, defense, and cleanup as a result of pollution conditions (sudden/accidental and gradual) arising from contracting operations performed by on behalf of the contractor of not less than TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. 5.3.2.5 Builder’s Risk insurance with a minimum combined single limit for all improvements above ground in the full contract value for those above ground improvements. 5.3.3 Except for any Professional Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. 5.3.4 The Contractor shall provide to the Owner acceptable certificates of insurance prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. The insurance policies required by this Section, except workers’ compensation, shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire without at least 30 days’ prior written notice to the Owner. An additional certificate evidencing continuation of professional liability coverage shall be submitted with the final Application for Payment. Information concerning reduction of coverage on account of claims paid under the policy shall be furnished by the Contractor with reasonable promptness. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. 5.3.5 In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above-described insurance. To the extent that the City's GC-25-4.doc - Page 18 City of Aspen - General Conditions for Construction Contracts insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done "of operations shall be: "All operations and locations at which work in connection with the refer- enced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Project Manager at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this agreement or thereafter. 5.3.6 Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. 5.3.7 City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 5.4 City's Liability Insurance: 5.4.1 The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverage offered by CIRSA. City shall provide Contractor reasonable notice of any changes in its membership or participation in CIRSA. 5.4.2 The parties hereto further understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. Further, nothing in the Contract Documents shall be construed or interpreted to require or provide for indemnification of the Contractor by the City for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of City or its agents or employees. 6 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.1 General Responsibilities: 6.1.1 The Contractor shall perform all of the Work in conformance with the Contract Documents. 6.1.2 The Contractor covenants and warrants that it shall be responsible for performing the Work, and that it shall do or cause to be done the Work and services as required in the Contract Documents and any additional, collateral, and incidental Work and services as may be necessary in order to complete the Project in accordance with the requirements of the Contract Documents, shall be responsible for providing completed Work which meets the results required by the Contract Documents, and shall achieve Substantial Completion by the Contract Time. GC-25-4.doc - Page 19 City of Aspen - General Conditions for Construction Contracts 6.1.3 Construction services shall be performed in accordance with those professional standards listed in the Special Conditions for quality and scope and shall be performed by the entities and persons, Subcontractors and specific personnel identified in the Contractor's Proposal in accordance with their respective degrees of participation provided and represented to City. Other construction services shall be performed by qualified construction Subcontractors and Suppliers, selected and paid by the Contractor. Nothing contained in the Contract Documents shall be construed to create any obligation or contractual liability running from the City to any of these persons or entities. 6.2 Supervision and Superintendence: 6.2.1 The Contractor shall supervise and direct the Work competently and efficiently devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2.2 The Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to the City and the Project Manager except under extraordinary circumstances. 6.3 Labor, Materials and Equipment: 6.3.1 The Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without the City's consent given after prior written notice to the Project Manager . 6.3.2 Unless otherwise specified in the Specific Conditions or Specific Provisions, the Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.3.3 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Project Manager, the Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to the Project Manager , or any of the Project Manager ’s consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10.1. or 9.10.2. 6.4 Reserved 6.5 Reserved 6.6 Reserved 6.7 Work Schedule: 6.7.1 The Contractor shall submit to the Project Manager for acceptance such schedule of work progress reports, estimates, records, and other data as the City may require concerning work performed or to be performed. 6.7.2 Prior to beginning of Work and or before the Pre-construction Conference, the Contractor shall submit schedules showing the order in which he/she proposed to carry on the Work, including dates at which he/she will start the various parts of the Work, estimated date of completion of each part. GC-25-4.doc - Page 20 City of Aspen - General Conditions for Construction Contracts 6.8 Substitutes of "or-equal" Items: 6.8.1 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by the Project Manager if sufficient information is submitted by the Contractor to allow the Project Manager to determine that the material or equipment proposed is equivalent or equal to that named. The Project Manager will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by the Project Manager from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make written application to the Project Manager for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice the Contractor's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the City for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the City Project Team in evaluating the proposed substitute. The Project Manager may require the Contractor to furnish at Contractor's expense additional data about the proposed substitute. 6.8.2 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, the Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager. The procedure for review by the Project Manager shall be similar to that provided in paragraph 6.8.1. 6.8.3 The Project Manager will be allowed a reasonable time within which to evaluate each proposed substitute. The Project Manager will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Project Manager ’s prior written acceptance which will be evidenced by an approved Shop Drawing. The City may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Contractor shall reimburse the City for the charges of the owners consultants for evaluating each proposed substitute. 6.9 Subcontractors, Suppliers and Others: 6.9.1 The Contractor shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to the City and the Project Manager as indicated in paragraph 6.9.2), whether initially or as a substitute, against whom the City or the Project Manager may have reasonable objection. 6.9.2 If the Special Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to the City in advance of the specified date prior to the Effective Date of the Agreement for acceptance by the City and the Project Manager and if the Contractor has submitted a list thereof in accordance with the Special Conditions, the City's or the Project Manager ’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case the Contractor shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Written Notice of Amendment signed. No acceptance by the City or the Project Manager of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of the City or the Project Manager to reject Defective Work. 6.9.3 The Contractor shall be fully responsible to the City and the Project Manager for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under GC-25-4.doc - Page 21 City of Aspen - General Conditions for Construction Contracts a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the City or the Project Manager and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the City or the Project Manager to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.9.4 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.9.5 All Work performed for the Contractor by a Subcontractor will be pursuant to an appropriate agreement between the Contractor and the Subcontractor which specifically binds the Subcontractor to the Applicable terms and conditions of the Contract Documents for the benefit of the City and the Project Manager and contain waiver provisions as required by Section 5.3. The Contractor shall pay each Subcontractor a just share of any insurance moneys received by the Contractor on account of losses. 6.10 Subcontracting and Percentage of Work Awarded to Subcontractor(s): 6.10.1 The Contractor may utilize the services of specialty Subcontractors on those parts of the Work, which under normal contracting practices, are performed by specialty Subcontractors. 6.10.2 The Contractor shall not award Work to Subcontractor(s) in excess of forty nine percent (49%) of the Contract Price. This condition shall be a minimum standard for a qualified Prime Contractor to perform within the City rights of way. 6.11 Patent Fees and Royalties: The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. Contractor shall indemnify and hold harmless the City and the Project Manager and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights, trademarks, or copyrights incident to the use in the performance of the Work or resulting from the product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.12 Permits: 6.12.1 Unless otherwise provided in the Special Conditions, the Contractor shall obtain all construction permits and licenses. The City shall assist the Contractor, when necessary, in obtaining such permits and licenses. The owner shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of the opening of Bids on the Effective Date of the Contract. 6.12.2 The Contractor shall submit a complete set of "as-built" drawings, reflecting all actual construction conditions, including any deviations from the design drawings, changes made via change orders, and field modifications, with detailed annotations and dated revisions for record, required by the permit and prior to final payment/release of retainage. 6.13 Laws and Regulations: 6.13.1 The Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither the City nor the Project Manager shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. 6.13.2 If the Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations, the Contractor shall give the Project Manager prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.2. If the Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, and without such notice to the Project Manager, the Contractor shall bear all costs arising therefrom. GC-25-4.doc - Page 22 City of Aspen - General Conditions for Construction Contracts 6.14 Taxes: All purchases of supplies, construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The Owner’s State of Colorado tax identification number is 98-04557. The Owner’s Federal Tax Identification Number is 84-6000563. The Contractor shall pay all existing and future applicable Federal, State and local sales, consumer, use and other similar taxes whether direct or indirect. Federal excise tax may not apply to materials purchased by the City. The Contract Price shall include all other Federal, State, and/or local direct or indirect taxes which do apply. The Contract Price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the City (except as provided in the Contract Documents). The Contractor shall not be reimbursed separately for any taxes which may apply except as provided in the Contract Documents and the Contractor shall be responsible for all taxes which may apply. The City is tax exempt from Federal Excise Tax under Chapter 32 of the Internal Revenue Code. The Contractor and its Subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or Subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the City. 6.15 Use of Premises: 6.15.1 The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in, and permitted by, the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the City or the Project Manager by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by agreement or otherwise resolve the claim by law. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the City and the Project Manager harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the City or the Project Manager to the extent based on a claim arising out of the Contractor's performance of the Work. 6.15.2 During the progress of the Work, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by the City. The Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 6.15.3 The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.16 Record Documents: The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to the Project Manager for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to the Project Manager for the City. 6.17 Safety and Protection: 6.17.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.17.1.1 All employees on the Work and other persons and organizations who may be affected thereby; 6.17.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and GC-25-4.doc - Page 23 City of Aspen - General Conditions for Construction Contracts 6.17.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road-ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.17.1.2 or 6.17.1.3 caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor. The Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the Project Manager has issued a notice to the City and the Contractor in accordance with Section 14.5 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.17.2 The Contractor shall designate a person competent in OSHA safety related matters at the site at all times during construction whose duty shall be the prevention of accidents including confined space entry and work in the confined spaces. 6.18 Emergencies: In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager or the City, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Project Manager prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written order will be issued to document the consequences of the changes or variations. 6.19 Shop Drawings and Samples: 6.19.1 After checking and verifying all field measurements and after complying with applicable procedures specified in the Contract Documents, the Contractor shall submit to the Project Manager for review and approval in accordance with the approved schedule of Shop Drawing submissions prior to Pre-construction Conference, or for other appropriate action if so indicated in the Special Conditions, one (1) copy (unless otherwise specified) of all Shop Drawings, which will bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as the Project Manager may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Project Manager to review the information as required. 6.19.2 The Contractor shall also submit to the Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 6.19.3 Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto; and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.19.4 At the time of each submission, the Contractor shall give the Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Project Manager for review and approval of each such variation. 6.19.5 The Project Manager will review and approve with reasonable promptness Shop Drawings and samples, but the Project Manager ’s review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, GC-25-4.doc - Page 24 City of Aspen - General Conditions for Construction Contracts techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor shall make corrections required by the Project Manager and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. The Contractor shall direct specific attention in writing to revisions other than the corrections called for by the Project Manager on previous submittals. 6.19.6 The Project Manager 's review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Project Manager ’s attention to each such variation at the time of submission as required by paragraph 6.19.4 and the Project Manager has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by the Project Manager relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.19.3. 6.19.7 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to the Project Manager ’s review and approval of the pertinent submission will be the sole expense and responsibility of the Contractor. 6.20 Mechanics' Liens: 6.20.1 The Contractor covenants and agrees that, to the extent permitted by law, no claims or mechanics' liens against public funds (mechanic's liens) or claims of any kind, will be permitted to arise, be filed or maintained against the Project or any part of it, any interest in it or any improvements on it, against any moneys due or to become due from the City to the Contractor, for or on account of any work, labor, services, materials, equipment or other items performed or furnished for or in connection with the Project, and the Contractor for itself, its Subcontractors, laborers and material suppliers and employees does waive, release and relinquish these claims or liens and all rights to file or maintain these liens and agrees further that this waiver of liens and waiver of the right to file or maintain liens shall be independent covenant and shall apply also to work, labor, services performed, materials, equipment and other items furnished under any Change Order or supplemental agreement for extra or additional work in connection with the Project. The Contractor agrees to defend, indemnify, protect and save harmless the City from and against any and all claims or liens and actions brought, or judgments rendered, and from and against any and all loss, damages, liability, costs and expenses, including legal fees and disbursements, which the City may sustain or incur in connection with the Project. 6.20.2 The Contractor also agrees as above for all of its Subcontractors, including but not limited to suppliers and employees. If any of the Contractor's Subcontractors, suppliers, employees or any other person directly or indirectly acting for, through or under its authority or any of them files or maintains a lien or claim as described above, the Contractor agrees to cause claims or liens to be satisfied, removed or discharged at its own expense by bond, payment or otherwise within thirty (30) consecutive calendar days from the date of the filing, and upon the Contractor's failure to do so the City shall have the right, in addition to all other rights and remedies provided under this Contract or by law, to cause the liens or claims to be satisfied, removed or discharged by whatever means the City chooses, at the entire cost and expense of the Contractor, the expense to include legal fees and disbursements. The Contractor shall give a copy of Claim Release form to all Subcontractors and suppliers and shall include these provisions in all written contracts with Subcontractors, or give written notice to all Subcontractors, suppliers or other persons having oral agreements with the Contractor. 6.20.3 The Contractor agrees that moneys received for the performance of this Contract shall be used first for payment due for labor, material, and services for the Project and taxes, and the moneys shall not be diverted to satisfy obligations of the Contractor on other accounts or contracts. The Contractor shall pay Subcontractors within Ten (10) consecutive calendar days of receipt of a progress payment from the City. The Contractor shall furnish sworn affidavits in accordance with the form furnished by the City, which shall state that amounts due or to become due, amounts paid, and any other information necessary to indicate the financial condition of the Contractor, insofar as it relates to services, labor and material furnished, and to be furnished, under this Contract. The City may take steps it may deem necessary to protect itself against any claims. GC-25-4.doc - Page 25 City of Aspen - General Conditions for Construction Contracts 6.21 Continuing the Work: The Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted herein or as the Contractor and the City may otherwise agree in writing. 6.22 Contractor Facilities: All temporary contractor facilities shall be in accordance with regulations and codes governing such construction. The types of temporary construction facilities required for the Project may include, but are not necessarily limited to, the following: (a) job site office space, (b) construction water distribution, (c) temporary closures, (d) temporary heat, (e) hoists and temporary cranes, (f) temporary roads and paving, (g) construction aids and miscellaneous facilities, (h) temporary power distribution, (i) temporary lighting, (j) temporary toilet facilities. All operations of the Contractor, including storage of materials, upon the City's premises shall be confined to areas authorized or approved by Owner in writing. Temporary buildings, storage sheds, shops, offices, may be erected by the Contractor only with the written approval of the City and shall be built or provided with labor and materials furnished by the Contractor without expense to the City unless otherwise specified in special conditions. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by it at its expense upon completion of the Work. 7 ARTICLE 7 - OTHER WORK 7.1 Related Work at Site: 7.1.1 The City may perform other work related to the Project at the site by the City's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. The Contractor shall perform and coordinate his/her activities with other Contractors to avoid conflict and minimize disruptions. 7.1.2 The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the City if the City is performing the additional work with the City's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. The Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Project Manager/Design Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the City and such utility owners and other contractors. 7.1.3 If any part of the Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or the City), the Contractor shall inspect and promptly report to the Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Work except for latent or non-apparent defects and deficiencies in the other work. 7.2 Coordination: If the City contracts with others for the performance of other work on the Project at the site, the person or organization of the activities among the various prime contractors may be identified in the Special Conditions, and the specific matters to be covered by such authority and responsibility may be itemized, and the extent of such authority and responsibilities may be provided, in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the City nor the Project Manager shall have any authority or responsibility in respect of such coordination. 8 ARTICLE 8 - CITY'S RESPONSIBILITIES 8.1 Communication Procedure: The City shall issue all communications to the Contractor through the Project Manager or his/her designated person. GC-25-4.doc - Page 26 City of Aspen - General Conditions for Construction Contracts 8.2 Contract Document Requirements: The City shall furnish the data required of the City under the Contract Documents promptly and shall make payments to the Contractor through processing of the monthly Progress Pay Estimate forms within 30 days from the cut-off date for a pay estimate form. 8.3 Appropriation of Budget and Contract Value: The City represents that an amount of money equal to the Contract Price has been duly appropriated in accordance with the Municipal Code of the City of Aspen, under a purchase order. The City shall not issue any Change Order or execute a Written Amendment requiring additional compensable work, which work causes the aggregate amount appropriated by the City. 9 ARTICLE 9 –PROJECT MANAGER’S STATUS DURING CONSTRUCTION 9.1 City's Representative: The Project Manager shall be the City's representative during the construction period. The duties and responsibilities and the limitations of authority of the Project Manager as the City's representative during construction are set forth in the Contract Documents and shall not be extended without written consent from the City and the Project Manager. 9.2 Visits to Site: The Project Manager shall make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall make on-site inspections to observe the quality or quantity of the Work. The Project Manager ’s efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, the Project Manager will keep the City informed of the progress of the Work and will endeavor to guard the City against defects and deficiencies in the Work. 9.3 Project Representation: If the City and the Project Manager agree, the Project Manager will furnish a Resident Project Representative to assist the Project Manager in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be to ensure conformance of work with specifications provided in the Special Conditions. If the City designates another agent to represent the City at the site who is not the Project Manager’s agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Special Conditions. 9.4 Clarification and Interpretations: The Project Manager will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the Project Manager may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time, the Contractor shall meet with the Project Manager and resolve the issue. All such requests or claims shall be submitted to the City Project Manager. 9.5 Authorized Variations in Work and Minor Contract Revisions: The City Project Manager may request or authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a written request or a field order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. If the Contractor believes that a field order justifies an extension of the Contract Time and the parties are unable to agree as to the extent thereof, the Contractor may make a claim therefor as provided in Article 10. 9.6 Rejecting Defective Work: The Project Manager will have authority to disapprove or reject Work which the Project Manager believes to be Defective, and will also have authority to require special inspection or testing of the Work as provided herein below, whether or not the Work is fabricated, installed or completed. GC-25-4.doc - Page 27 City of Aspen - General Conditions for Construction Contracts 9.7 Shop Drawings, Change Orders and Payments: 9.7.1 In connection with the Project Manager ’s responsibility for Shop Drawings and samples, see paragraphs 6.19.1. through 6.19.7 inclusive. 9.7.2 In connection with the Project Manager ’s responsibilities as to Change Orders, see Article 10 and Article 11. 9.7.3 In connection with the Project Manager ’s responsibilities in respect of request for Payment, etc., see Article 14. 9.8 Decisions on Disputes: 9.8.1 The Project Manager will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters raised by Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 10 and 11 in respect to changes in the Contract Price or Contract Time shall be referred initially to the Project Manager in writing with a request for a formal decision in accordance with this paragraph, which the Project Manager will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter by the Contractor will be delivered to the Project Manager promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to the Project Manager and the City within sixty days after such occurrence unless the Project Manager allows an additional period of time to ascertain more accurate data in support of the claim. 9.8.2 The rendering of a decision by the Project Manager pursuant to paragraph 9.8.1. with respect to any such claim, dispute or other matter shall be a condition precedent to any exercise by the Contractor of such rights or remedies as the Contractor may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. The City shall not be bound by any initial interpretation by the Project Manager of the requirements of the Contract Documents, judgment on the acceptability of the Work thereunder, or formal decision made by the Project Manager in accordance with paragraph 9.8.1. Any dispute not resolved by the initial decision of the Project Manager shall be decided by the City, who shall reduce the decision in writing and furnish a copy thereof to the Contractor and the Project Manager. The decision of the City shall be final subject to review by the Pitkin County District Court in Pitkin County, Colorado. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Work and in accordance with the Project Manager ’s interpretation. 9.9 Reserved 9.10 Limitations on Project Manager ’s Responsibilities: 9.10.1 Neither the Project Manager ’s authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by the Project Manager in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Project Manager to the Contractor, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.10.2 Whenever in the Contract Documents the terms “as ordered”, “as directed”, “as required”, “as allowed”, “as approved” or terms of like effect or import are used, or the adjectives “reasonable”, “suitable”, “acceptable”, “proper” or “satisfactory” or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of the Project Manager as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to the Project Manager any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the Contract Documents. GC-25-4.doc - Page 28 City of Aspen - General Conditions for Construction Contracts 10 ARTICLE 10 CHANGES IN WORK 10.1 Unauthorized Changes in the Work 10.1.1 Without invalidating the Contract and without notice to any surety, the Owner may, at any time or from time to time, order changes, additions or deletions to the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.1.2 If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefore as provided in Paragraph 10.7. 10.1.3 The following procedure shall be followed for the City notifying the Contractor of proposed City initiated changes. The Project Manager shall issue a notice informing the Contractor of a planned change in the Work and its scope and requesting the Contractor’s detailed price proposal. The Contractor, at no expense to the City, shall submit a priced proposal for performing the proposed change in the Work. The Contractor, within Ten (10) consecutive calendar days after receiving the Notice of Change, or such longer time which the Project Manager in his/her discretion has granted, shall provide the Project Manager with a complete and itemized proposal which includes the estimated increase or decrease in the Contract Price and/or in the Contract Time attributable to the planned changes on the criteria and methods described in Article 11. The Contractor shall be responsible for delays to the Work and any additional costs incurred by the City caused by its failure to submit complete pricing information within the time provided above. The Contractor shall participate with the City in prompt joint analysis and negotiations to finalize a Change Order, if necessary. 10.2 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.2, except in the case of an emergency as provided in Paragraph 6.18 or in the case of uncovering Work as provided in Paragraph 13.4. 10.3 Written Notice of Change 10.3.1 A Written Notice of Change may be used when: 10.3.1.1 The City determines that the Contractor must proceed immediately to perform a change in the Work in order to avoid an adverse impact on the schedule or other unchanged Work, and sufficient time is not available to negotiate an adjustment to the Contract Price or Contract Time; or 10.3.1.2 The City and Contractor have not completed their negotiation and reached agreement on all of the terms of a Change Order, but the City requires the Contractor to proceed without such agreement. 10.3.2 Upon receipt of a Written Notice of Change the Contractor shall promptly proceed with performing the change in the Work. Additionally, the Contractor shall comply with all the requirements of 10.4 of these General Conditions. 10.4 Change Order When the Contractor and the City reach agreement on the adjustments to the Contract Price and/or Contract Time, such agreements shall be promptly recorded in an executed Change Order. 10.5 Contractor Change Request 10.5.1 If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the Project Manager or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Work; or, (v) becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor shall give the Project Manager prompt written notice of such matters in a letter or notice denominated “Contractor Change Request”. GC-25-4.doc - Page 29 City of Aspen - General Conditions for Construction Contracts 10.5.2 All Contractor Change Requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor believes may require an extension in time or price. The Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor Change Request and, provide an estimate of the adjustment in the Contract Price and/or Contract Time which it believes is appropriate. 10.5.3 With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions in the Contract Documents, a Contractor Change Request shall be submitted before the Contractor acts on them, but in no event more than Ten (10) consecutive calendar days after they were received or discovered. 10.5.4 With respect to any differing site conditions, a Contractor Change Request shall be submitted before the conditions are disturbed, but in no event more than Ten (10) consecutive calendar days after the conditions are first discovered. 10.5.5 With respect to delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the delay, but in no event more than Ten (10) consecutive calendar days therefrom. 10.5.6 With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than Ten (10) consecutive calendar days after the Contractor becomes aware of such circumstance or matter. 10.6 Down Time: The Contractor may be granted time extension for down time. No other compensation of any kind shall be made to the Contractor for down time. Equipment failure, lack of adequate labor or tools or materials to perform the Work shall not constitute down time. 10.7 Submittal Requirements and Waiver of Claims 10.7.1 If the Contractor does not submit a Contractor Change Request within the time required above, any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, will not be considered by the City as a change to the Work and the Contractor waives any claim for an adjustment on the Contract Price or the Contract Time. 10.7.2 The Contractor shall, within Ten (10) consecutive calendar days submit in detail, a Contractor Change Request, and provide the Project Manager a complete and itemized proposal which contains the information described in Article 11. The proposal shall also contain a detailed explanation, citing all applicable provisions in the Contract Documents, which supports the Contractor Change Request. If the Contractor does not submit its itemized proposal within the time described above or within such extension which the Project Manager, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract Price or Contract Time arising out of the act or event described in the Contract Change Request. 10.7.3 If a Contractor Change Request is denied by the Project Manager, in whole or in part, any claim for an increase in the Contract Price or Contract Time arising out of the act or event described in the Contractor Change Request is waived unless the Contractor timely complies with the provisions of paragraphs 10.5.1. through 10.5.6. 11 ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACT TIME 11.1 Contract Price Adjustments. All adjustments to the Contract Price shall be determined by using one or more of the following methods: 11.1.1 A negotiated lump sum for work items that cannot be itemized. The Contractor shall promptly provide suffi- cient substantiating data, including calculations, measurements, cost records, production rates, equipment types and capacity, labor costs by craft and other information which the City may reasonably require the Contractor to produce in order to permit the City to evaluate the Contractor's lump sum change order proposals. In pricing this proposal, the Contractor shall include estimates of the type of costs described in Section 11.3 below. GC-25-4.doc - Page 30 City of Aspen - General Conditions for Construction Contracts 11.1.2 Unit prices stated in the Contract Documents or subsequently agreed upon multiplied by final verified quantities 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 11.3 below. 11.2 Contract Time Adjustments. 11.2.1 Any extension of the Contract Time must be requested in a Contractor Change Request which complies with all of the requirements of paragraphs 10.5.1 through 10.5.6. Failure to strictly comply with the timing and submittal requirements shall constitute a waiver of any request or claim. 11.2.2 If the Contractor is delayed at 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 pursuant to strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties, or any other causes beyond the Contractor's control, then the Contract Time shall be extended by the City. Such extensions will be for a period of time as the City may in its discretion determine, provided however that such delay could not have been avoided by the exercise of due diligence by the Contractor and did not result from the acts or omissions of the Contractor and, provided further, that they Contractor has taken reasonable actions to mitigate or prevent further delays resulting from such causes. 11.2.3 If abnormal weather conditions are the basis for a claim for an extension of the Contract Time, such claim shall be documented on the City of Aspen Daily Construction Log forms substantiating that weather conditions were unusually severe for that period of time, and could not have been reasonably anticipated. Regardless of actual weather conditions, any day in which the Contractor is able to work Sixty Percent (60%) or more of its scheduled work force shall not be counted as an abnormal weather day for purposes of calculating weather related time extensions. 11.2.4 The Contractor agrees that delays resulting from any causes other than acts or omissions of the City, its employees, agents or officials shall be considered fully compensated by a time extension only and agrees to make no claim for monetary damages for such delays. In no event shall the Contractor be entitled to recover any delay costs caused by the acts or omissions of the Contractor, its employees or agents. 11.2.5 If the Contractor believes that it has suffered delays in performing the Work that are caused by acts or omissions of the City, the Contractor may submit a Contractor Change Request with detailed justifications acceptable to the Project Manager. Failure of the Contractor to comply with all requirements shall constitute a waiver of any claim for damages resulting from such delays. 11.3 Contract Sum Determination In no event shall the charge or credit to the City associated with any change exceed the sum of the following: 11.3.1 Direct Labor. Actual net direct increase or decrease in the cost of the Contractor's labor for all work associated with the change. Contractor's labor shall be limited to Davis-Bacon Act work categories or other labor (including salaried field personnel) that perform the individual change in Work full-time. For shop work, the direct labor includes workers who work directly on the item being manufactured or operators of equipment being used to handle items being manufactured. 11.3.2 Labor Burden. Contractor's actual costs for workers compensation and liability insurance, payroll taxes, social security and employees fringe benefits (including employer paid health insurance) imposed on the basis of payrolls. This burden must reflect the variability of some burdens, i.e., social security. The burden shall include all small tools which cost less than $200 apiece. 11.3.3 Direct Material, Supplies, Installed Equipment. Actual net direct cost of materials, supplies and equipment incorporated in or consumed by the Work. If actual costs are not available, the cost shall be the lowest commercially available price including all discounts and rebates and all applicable taxes. Cost shall be based on buying the material, supplies and equipment in the largest practical quantity to receive quantity discounts. 11.3.4 Equipment. Actual net cost to the Contractor of owned and/or rented equipment other than small tools, to be determined using the following method(s): GC-25-4.doc - Page 31 City of Aspen - General Conditions for Construction Contracts 11.3.4.1 Owned equipment operating costs shall be determined using accepted industry standard forms and methods for "Owning and Operating Equipment" as described by the U.S. Army Corps of Engineers (COE) in its latest edition of the "Construction Equipment Ownership and Operating Expense Schedule, Region V" (Document No. EP 1110-1-8, Volume 5). 11.3.4.2 Rental equipment costs shall be determined using actual invoiced rates less all discounts for bare equipment rental. Operating costs will be determined based on rates in the above-cited C.O.E. manual. 11.3.4.3 Mobilization/demobilization costs will be paid if the equipment is mobilized exclusively for Work described in a change requested by the Project Manager or a Change Order. If the equipment is used on base contract work, no mobilization or demobilization cost will be paid. Mobilization/demobilization cost will be based on using the least expensive means to mobilize or demobilize. Equipment shall be obtained from the nearest available source. When the least expensive methods are used, then costs shown in the actual invoice will be the basis for pricing. 11.3.5 Bonds, Insurance, Permits and Taxes. Actual increases or decreases in the cost of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work. 11.3.6 Subcontract Costs. Net cost of subcontractor work at any tier, provided that the cost of the subcontractor is determined in accordance with the above requirements. When possible, the Contractor shall obtain quotes from two or more subcontractors. 11.3.7 Overhead and Profit. 11.3.7.1 A set percent of the sum as indicated/included in construction contract and/or specifications and of Section 11.3.1 through Section 11.3.5 above, to cover a profit for Work performed by that Contractor or subcontractor. 11.3.7.2 A set percent as indicated/included in construction contract and/or specifications of Section 11.3.6 above to cover Contractor's and subcontractor's overhead and profit for work performed by the Contractor or subcontractor. 11.3.7.3 Neither the Contractor nor any subcontractor, nor the City in the case of a credit, will attempt to apply these percentage adjustments in a way which would pyramid either the cost or credit because a subcontractor or subcontractors at any tier are involved. 11.3.8 Totals as Equitable Adjustment. The Contractor agrees that the total of the above constitutes an equitable adjustment for any and all damages resulting from a change or due to delay or disruption caused by the City. The Contractor’s choice of idling and Down Time shall not constitute City’s cause for delay or disruption. 11.4 Cost and Pricing Data 11.4.1 Vendor Statements. The Contractor shall submit in support of all items which are not unit prices or lump sum prices established by the Contract, statements by the affected vendors that the prices are not in excess of those previously charged to the City or the supplier's regular commercial customers for the same items. 11.4.2 Price Reductions for Defective Costs or Pricing Data. If it is later determined that pricing adjustments to the Contract were not correct due to incomplete or inaccurate pricing data by the Contractor or any subcontractor or supplier or that lower prices were readily available, the price shall be reduced accordingly and the Contract modified by a Change Order. 11.5 Variation in Quantity of Unit Priced Items: Where the quantity of a unit-priced item in this Contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 25 percent above or below the estimated quantity, an equitable adjustment in the Contract Price may be made by a written Change approved by the Contractor and the Project Manager. The equitable adjustment shall be based upon any increase or decrease in cost due solely to the variation above 125 percent or below 75 percent of the estimated quantity. The City at any time after the award of the Contract, may delete Bid items, provided that the total of such deletions does not exceed twenty five percent (25%) of the total Contract Price, and such deletions will not justify an increase in other Bid prices. If the quantity variation is such as to cause an increase in the time necessary for completing the Work the Contractor may request in writing, an extension of time only. 12 ARTICLE 12 – Reserved GC-25-4.doc - Page 32 City of Aspen - General Conditions for Construction Contracts 13 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Warranty: 13.1.1 The Contractor warrants and guarantees to City that all Work, whether supplied, furnished, installed, provided, or performed by Contractor, a Subcontractor, or Supplier, will be in accordance with the Contract Documents and will not be Defective. All Defective Work, whether or not in place, must be rejected, corrected or accepted as provided in this Article 13. Work shall be performed in a skillful and workmanlike manner. Except where longer periods of warranty are indicated for certain items, Contractor warrants Work, whether furnished, installed, provided, performed or supplied by Contractor, a Subcontractor or Supplier, to be free from faulty materials and workmanship for a period of not less than Two Years from date of Substantial Completion, which Two Years period shall be covered by the Maintenance Bond as specified in the Contract Documents. Landscaping replacement shall be warranted for two growing seasons. 13.1.2 The Contractor, at no additional expense to the City, shall remedy damage to equipment, the site, or the buildings or the contents thereof that is the result of any failure or defect in the Work, and restore any work damaged in fulfilling the requirements of the Contract Documents. 13.1.3 With respect to all warranties, express or implied, from Subcontractors, manufacturers, or Suppliers for Work performed and materials furnished under the Agreement, the Contractor shall: 13.1.3.1 Obtain all warranties that would be given in normal commercial practice. To the extent that the Subcontractor's, manufacturer's, or Supplier's, standard warranty exceeds the minimum City requirements as set forth in this Article or elsewhere in the Contract Documents, the Subcontractor's, manufacturer's, or Supplier's standard warranty shall apply. Otherwise, the Contractor shall be responsible for a Two-Year term under the Maintenance Bond. 13.1.3.2 Require all warranties to be executed, in writing, for the benefit of the City, if directed by the Project Manager. 13.1.3.3 Enforce all warranties for the benefit of the City, if directed by the Project Manager. 13.1.3.4 Assign all warranties and guarantees in writing to the City upon the request of the City. 13.1.4 Notwithstanding anything to the contrary above, the Contractor shall warrant that all equipment which are incorporated into the Work or any subsystem shall be new, free from liens and defects in design, have clear title, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of the Contract Documents, to the drawings issued for manufacture by the Contractor, and shall be in conformance with the Technical Specifications and Contractor's Proposal (except in those instances where the Contractor's Proposal has been amended by subsequent Technical Specifications). Unless the warranty period is otherwise extended or modified, the following warranty shall apply. If within One (1) Year unless indicated otherwise, from the date each piece of equipment incorporated into the Work or any subsystem is accepted by the City, it appears that the equipment or any part thereof does not conform to the above warranty and guarantee provisions, and the City so notifies the Contractor within a reasonable time after its discovery, the Contractor shall thereupon promptly correct such nonconformity to the satisfaction of the City, at the Contractor's sole expense; failing which the City may reject the item and cover by purchasing substitute items or the City may proceed to make corrections or accomplish the Contractor's performance by the most expeditious means available, the cost of cover or correction shall be charged to the Contractor. 13.1.4.1 The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such equipment shall conform with the requirements of the Contract Documents. 13.1.4.2 When return, corrections, or replacement is required, transportation charges and responsibility for the supplies and equipment while in transit shall be borne by the Contractor. 13.1.5 In addition to the foregoing, in the event that any single component in the Work experiences failures during the warranty period such that the number of failures under normal service conditions exceeds ten percent (10%) of GC-25-4.doc - Page 33 City of Aspen - General Conditions for Construction Contracts the Work population of that component, the Contractor shall perform a design defects analysis. If the analysis shows the component design to be defective, the component shall be redesigned, and the entire population of that component shall be replaced and/or retrofitted. 13.1.6 Whenever there is a conflict between the warranties required by the Contract Documents and the warranty provided by a Subcontractor, manufacturer or Supplier, the terms and conditions of the warranty that affords the City the greatest protection shall be binding upon the Contractor. 13.1.7 The above warranties or other warranties agreed to by Contractor shall not limit the City's rights under other provisions of this Article with respect to latent defects, gross mistakes, or fraud. 13.1.8 Neither the foregoing nor any provision in the Contract Documents, nor any special guarantee time limit, shall be held to limit the Contractor's liability for defects, to less than the legal limit of liability in accordance with the law of the place of building. 13.1.9 Any supplies or equipment, or parts thereof, corrected or furnished in replacement under this Article, shall also be subject to the terms of the warranty provisions herein to the same extent as supplies and equipment initially delivered. The warranty, with respect to supplies, equipment, or parts thereof, shall be equal in duration as if initially delivered and shall run from the date of delivery of the corrected or replaced supply, or upon the date it is placed in service, whichever is later. 13.2 Access to Work: The Project Manager and the Project Manager ’s representatives, other representatives of the City, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work, at any time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. 13.3 Tests and Inspections: 13.3.1 The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and approval tests for the Work performed by the Contractor or his/her Subcontractor(s). 13.3.2 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Project Manager the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or Re-testing required in connection with the City’s or the Project Manager ’s acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to The Contractor's purchase thereof for incorporation in the Work. The cost of all inspections, testing, re-testing and approvals in addition to the above that are required by the Contract Documents shall be paid by the Contractor (unless otherwise specified within the special conditions). The City will conduct and pay for the conformance tests on materials installed in-place, and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter. 13.3.3 All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by professional firms or certified materials laboratories acceptable to the Project Manager. 13.3.4 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Project Manager, it must, be uncovered for observation. Such uncovering and testing when required by the Project Manager shall be at the Contractor's expense. 13.3.5 Neither observations by the Project Manager nor inspections, tests or approvals by others shall relieve the Contractor from the Contractor's obligations to perform the Work in accordance with the Contract Documents. 13.4 Uncovering Work: 13.4.1 If any Work is covered contrary to the written request of the Project Manager it must, if requested by the Project Manager, be uncovered for the Project Manager ’s observation and replaced at the Contractor's expense. GC-25-4.doc - Page 34 City of Aspen - General Conditions for Construction Contracts 13.4.2 If the Project Manager considers it necessary or advisable that covered Work be observed by the Project Manager or inspected or tested by others, the Contractor, at the Project Manager ’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as the Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, the Contractor shall bear all direct; indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and the City shall be entitled to an appropriate decrease in the Contract Price. 13.5 City May Stop the Work: If the Work is defective, or the Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 13.6 Correction or Removal of Defective Work: If required by the Project Manager or the City, the Contractor shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Project Manager or the City, remove it from the site and replace it with non-defective Work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 13.7 Correction Period: If within Two Years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be Defective, the Contractor shall promptly without cost to City and in accordance with City's written instructions, either correct such Defective Work, or, if it has been rejected by City, remove it from the site and replace it with non-defective Work. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the Defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. In special circumstances where a particular item of equipment or portion of Work is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Landscaping replacement shall be warranted for two growing seasons. 13.8 Acceptance of Defective Work: If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, the City may do so. The Contractor shall bear all direct, indirect and consequential costs attributable to the City's evaluation of and determination to accept such Defective Work. All accepted defective Work shall be subject to significant price reduction acceptable to the City and the City Project Manager. 13.9 City May Correct Defective Work: If the Contractor fails within Ten (10) consecutive calendar days after written notice of the Project Manager or the City to proceed to correct and to correct Defective Work or to remove and replace rejected Work as required by the Project Manager or the City in accordance with paragraph 13.6., or if the Contractor fails to perform the Work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven days' written notice to the Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the City shall proceed expeditiously to the extent necessary to complete corrective and remedial action. The City may exclude the Contractor from all or part of the site, take possession of all or part of the Work, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere. The Contractor shall allow the City, the City's representatives, agents and employees such access to the site as may be necessary to enable the City to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the City in exercising such rights and remedies will be charged against the Contractor, and a Change Order will be issued by the City incorporating the necessary GC-25-4.doc - Page 35 City of Aspen - General Conditions for Construction Contracts revisions in the Contract Price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's Defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the City of the City's rights and remedies hereunder. 3.10 Correction Period: Work performed beyond the lines and grades on the Drawings or approved Design Documents, Construction Documents or Shop Drawings and extra work done without written authorization, will be considered as unauthorized work, and the Contractor will receive no compensation therefore. If required by the City, unauthorized work will be remedied, removed, or replaced by the Contractor at the Contractor's expense. 14 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Determination of Work Value: The Work quantities recorded on the City of Aspen Daily Construction Log forms shall serve as the basis for preparation and justification of the progress payments. Payments to the Contractor shall be prepared on the City of Aspen Progress Pay Estimate Form on account of Unit Price Work based on the number of units actually installed complete in place and transferred from the Daily Construction Logs. 14.2 Application for Progress Payment: 14.2.1 Progress payments shall be made once each month as the Work progresses, when the Contractor is performing satisfactorily under the terms of the Contract Documents. Said payments shall be based upon progress estimates prepared by the Project Manager, of the value of work performed and materials placed in accordance with the Contract Documents and the value of materials on hand in accordance with these General Conditions. The amount of the progress estimate to be paid to the Contractor shall be subject to the following: 14.2.1.1 STANDARD RETAINMENT. The City shall make a deduction from the progress estimate in the amount considered necessary to protect the interests of the City, pursuant to Section 24-91-103, CRS. That amount to be retained shall be as follows: for the contract price over $150,000.00 the retained amount shall be 5% of the value of the completed work. No further retainment shall be withheld if the Contractor makes satisfactory progress in the Contract Work. The amount retained shall be in effect until such time as final payment is made, with the following exceptions: 14.2.1.2 When one hundred Percent (100%) of the Work has been complete, the Project Manager may, at his/her discretion, reduce the retained amount by fifty percent (50%) of the required retainage. 14.2.1.3 Upon one hundred percent (100%) completion and acceptance of the project, the Project Manager may reduce the retainment to fifty percent of the required retainage. In addition to standard retainment, the City shall withhold funds for claims against the Contractor filed by Subcontractors and Suppliers, pursuant to Section 38-26-107, CRS. 14.2.2 NO PAYMENT: A progress payment shall not be made when the total value of the work done since the last estimate amounts is less than $500.00. 14.2.3 LUMP SUM ITEMS: All lump sum Bid items shall be paid on a pro-rata basis determined by the percentage of the total Work completed or if the Bid item is installed or completed One Hundred Percent (100%) in place and accepted by the Project Manager. 14.2.4 SUBCONTRACTOR PAYMENTS: In addition to the other requirements regarding subcontracting the Work, the Contractor is responsible for prompt payments to all Subcontractors. As a minimum, the Contractor is responsible for prompt payments to all Subcontractors. As a minimum, the Contractor shall incorporate provisions in all subcontracts to satisfy the following requirements: 14.2.4.1 The Contractor shall make payments to all Subcontractors at least once each month as the Work progresses, when the Subcontractor is performing satisfactorily under the terms of the Contract Documents between the Contractor and Subcontractor. GC-25-4.doc - Page 36 City of Aspen - General Conditions for Construction Contracts 14.2.4.2 Payments to Subcontractors shall be based on all moneys due the Subcontractor under the terms of the contract between the Contractor and Subcontractor. 14.2.4.3 The Contractor shall make payments to Subcontractors within 10 days of receipt of the City's payment to the Contractor. 14.2.4.4 Subcontractors and lower tier subcontractors shall make payments to their subcontractors, according to the requirements above and shall make payments within 10 days of receipt of payment from the next higher tier. 14.3 Contractor's Warranty of Title: The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any progress pay estimate approved for Payment, whether incorporated in the Project or not, will pass to the City no later than the time of payment free and clear of all Liens. 14.4 Project Manager ’s Review of Progress Payments. 14.4.1 The Project Manager ’s recommendation of any payment requested in an Application for Payment will constitute a representation by the Project Manager to the City, based on the Project Manager’s on-site observations of the Work in progress and on the Project Manager’s review of the pay estimate form and the accompanying data and schedules that the Work has progressed to the point indicated; that to the best of the Project Manager’s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work in the Bid Proposal form, and to any other qualifications stated in the recommendation); and that the Contractor is entitled to payment of the amount recommended. However, by recommending any such payment the Project Manager will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to the Project Manager in the Contract Documents or that there may not be other matters or issues between the parties that might entitle the Contractor to be paid additionally by the City or the City to withhold payment to Contractor. 14.4.2 The Project Manager may refuse to recommend the whole or any part of any payment if, in the Project Manager’s opinion, it would be incorrect to make such representations to the City. The Project Manager may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in the Project Manager ’s opinion to protect the City from loss because: 14.4.2.1 The Work is Defective, or completed Work has been damaged requiring correction or replacement; 14.4.2.2 The Contract Price has been reduced by Written Amendment or Change Order; 14.4.2.3 The City has been required to correct Defective Work or complete Work in accordance with paragraph 13.9.; or, 14.4.2.4 Of the Project Manager ’s actual knowledge of the occurrence of any of the events enumerated in Article 15. The City may refuse to make payment of the full amount recommended by the Project Manager because claims have been made against the City on account of the Contractor's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling the City to a set-off against the amount recommended, but the City must give the Contractor immediate written notice (with a copy to the Project Manager ) stating the reasons for such action. 14.5 Substantial Completion: 14.5.1 The date accepted by the City when the construction of all Work items in the project or a specified part thereof is) completed, in accordance with the Contract Documents, so that the project or specified part can be utilized for the purpose for which it is intended shall establish substantial completion for the project or for a specified part. 14.5.2 When the Contractor considers the entire Work ready for its intended use, the Contractor shall coordinate with the City an inspection of the Work and conduct such tests as required to ensure the Work meets or exceeds all Performance Standards to help determine the status of completion. If the City does not consider the Work satisfactorily complete, the Project Manager shall notify the Contractor in writing giving the reasons therefore. There shall be a Punch List of the items to be completed before final inspection and final payment at the time of delivery of GC-25-4.doc - Page 37 City of Aspen - General Conditions for Construction Contracts the completed punch list items, the City must conduct a final inspection and upon acceptance by the City, the Contractor shall deliver a fully executed Claim Release form to facilitate the project closure. 14.6 Partial Utilization: Use by the City of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the City, the Project Manager and the Contractor agree constitutes a separately functioning and useable part of the Work that can be used by the City without significant interference with the Contractor's performance of the remainder of the Work, may be accomplished prior to Final Completion of all the Work subject to the following: 14.6.1 The City at any time may request the Contractor in writing to permit the City to use any such part of the Work which the City believes to be ready for its intended use and substantially complete. If the Contractor agrees, the Contractor will certify to the City and the City Project Manager that said part of the Work is substantially complete. 14.7 Final Inspections: Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete, the City will make a final inspection with the Project Manager and the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. The Contractor shall immediately take such measures as are necessary to remove and eliminate all such deficiencies. All deficiencies or incomplete Work items shall be recorded by the City Project Inspector on a Punch List Sheet(s) and distributed to the Contractor and the Project Manager immediately. 14.8 Final Progress Payment: 14.8.1 After the Contractor has completed all such corrections to the satisfaction of the City and delivered all maintenance and operating instructions, schedules, guarantees, as-built documentation (as provided in paragraph 6.12) and other documents - all as required by the Contract Documents, and after the City has indicated that the Work is acceptable, the Contractor shall deliver to the Project Manager a fully executed and notarized Claim Release Form and the City Project Manager Department will advertise for project closure and release of the final retainment. The final pay estimate will consist of retainment amount only. Final payment will be released following a thirty (30) day waiting period from the date of the second publication of the advertisement for final settlement and closure if no verified claim has been filed with the City. 14.9 Settlement Date, Notice to Subcontractors, Acceptance and Final Payment: If, on the basis of the Project Manager ’s observation of the Work during construction and final inspection, and the Project Manager 's review of the final progress Payment and accompanying documentation - all as required by the Contract Documents, the Project Manager represents to the City that the Work has been completed and the City is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the City shall cause to be published on two (2) consecutive weeks in the weekly editions of the Aspen Times, a public notice setting a final settlement date; which said settlement date shall be at least ten (10) days after the second publication. Said notice shall advise all persons, co-partnerships, associations of persons, companies, or corporations that have furnished labor, provisions, materials, team hire, sustenance, or other supplies used or consumed by Contractor or his subcontractor(s), that they may file a claim with the City, at any time up to and including the time of final settlement. Upon filing of any such claim, the City shall withhold from retainment withheld in accordance with the Contract Documents, to insure the payment of said claims until the same have been paid or such claims as filed have been withdrawn, such payment or withdrawal to be evidenced by filing with City a receipt in full or an order for withdrawal in writing and signed by the person filing such claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than Ninety Days following the date fixed for final settlement as published unless an action is commenced within that time to enforce such unpaid claim and a notice of Lis Pendens is filed with the City. At the expiration of such ninety-day period, the City shall pay to Contractor such moneys and funds as are not subject of suit and Lis Pendens notices and shall retain thereafter, subject to the final outcome thereof, only such balance of funds to insure the payment of judgments which may result from such suit. 14.9.1 If, the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage set forth at paragraph 14.2., and if Bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Project Manager . Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. GC-25-4.doc - Page 38 City of Aspen - General Conditions for Construction Contracts 14.10 Contractor’s Continuing Obligation: The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the Project Manager , nor the issuance of a certificate of Substantial Completion, nor any payment by the City to the Contractor under the Contract Documents, nor any act of acceptance by the City nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by the Project Manager pursuant to paragraph 14.9, nor any correction of Defective Work by the City will constitute an acceptance of Work not in accordance with the Contract Documents or a release of the Contractor's obligation to perform the Work in accordance with the Contract Documents. 14.11 Liquidated Damages: 14.11.1 TIME FOR COMPLETION: It is hereby understood and mutually agreed, by and between the Contractor and the City, that the date of beginning Work and the time of completion as specified herein are essential conditions of the Agreement. The Contractor agrees that said Work shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed, by and between the Contractor and the City, that the time(s) for completion of the Work described herein are reasonable time(s) for the completion of the Work, taking into consideration the average climatic conditions prevailing in the locality of the Work. 14.11.2 TIME IS OF THE ESSENCE TO THE AGREEMENT: It is further agreed that time is of the essence in completing the Work, and that the Project Work Schedule referenced at paragraph 6.7 and the Submittal Schedule referenced at paragraph 6.19 and all dates set forth therein and where in the Contract Documents, an additional time is allowed for the completion of the Work, the new time limit fixed by such extension shall be of the essence of the Contract. 14.11.3 LIQUIDATED DAMAGES: Substantial Completion of the Construction Phase are of paramount importance to the City. If any portion of the Work is not completed in accordance with any time extensions granted by the City, the City will suffer damage, the extent of which will be impractical and extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is hereby agreed that the Contractor shall pay to the City the amounts specified in the Liquidated Damages Form included in the Contract Documents. This particular provision shall not be construed as a penalty upon said Contractor for failing fully to complete said Work as agreed in the Proposal and Contract Documents nor is it intended, but as Liquidated Damages to compensate the City for all costs incurred as a result of such breach of Contract. 14.11.4 DELAYS IN WORK COMPLETION OF CONSTRUCTION PHASE: Subject to the terms of "Excusable Delays", as contained in Section 14.11.6. of the General Conditions, the Contractor expressly agrees to pay the City as a reasonable estimate of just compensation for damages contemplated with the clause, the amount set forth in the Liquidated Damages Form for each consecutive calendar day that Substantial Completion is delayed in the Construction of the project. In no event shall the total amount of liquidated damages exceed Twenty Percent (20%) of the total Contract Price for the Construction. 14.11.5 DELAYS IN SUBMITTAL OF AS-BUILT DOCUMENTATION: Should the Contractor fail to make delivery of the as-built documentation covered in the Contract Documents prior to release of the final payment, it shall pay liquidated damages to the City the amounts equal to preparation cost of the As-Built drawings by the City and its Project Manager and Surveyors. 14.11.6 EXCUSABLE DELAYS - FORCE MAJEURE: If, by reason of Force Majeure, any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the liability then claimed, but for no longer period, and any such party shall remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision, except the City, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the GC-25-4.doc - Page 39 City of Aspen - General Conditions for Construction Contracts settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. 14.11.7 CUMULATIVE REMEDY: The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under contract. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.1 City May Suspend Work: The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the Contractor and will fix the date on which work will be resumed. The Contractor shall resume the Work on the date so fixed. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both if the Consecutive Calendar Days are used to complete the Work, directly attributable to any suspension if the Contractor makes an approved claim therefor as provided in Article 11. Other Work suspensions such as delayed start or phased construction shall not entitle the Contractor to any compensation of payment or time. 15.2 City May Terminate: Upon the occurrence of any one or more of the following events: 15.2.1 If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2 If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3 If the Contractor makes a general assignment for the benefit of creditors; 15.2.4 If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 15.2.5 If the Contractor admits in writing an inability to pay its debts generally as they become due; 15.2.6 If the Contractor persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 6.7 as revised from time to time); 15.2.7 If the Contractor disregards Laws or Regulations of any public body having jurisdiction; 15.2.8 If the Contractor disregards the authority of Project Manage or, 15.2.9 If the Contractor otherwise violates in any substantial way any provisions of the Contract Documents: The City may, after giving the Contractor (and the surety, if there be one) seven days written notice and to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude the Contractor from the site and take possession of the Work and of all the Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere, and finish the Work as the City may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will GC-25-4.doc - Page 40 City of Aspen - General Conditions for Construction Contracts be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shall pay the difference to the City. Such costs incurred by the City will be approved as to reasonableness by the Project Manager and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph the City shall not be required to obtain the lowest price for the Work performed. 15.2.10 Where the Contractor's services have been so terminated by the City, the termination will not affect any rights or remedies of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 15.2.11 Upon seven days' written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Contract. In such case, the Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. 15.3 Contractor May Stop Work or Terminate: If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety days by the City or under an order of court or other public authority, then the Contractor may, upon seven days written notice to the City and the Project Manager , terminate the Contract and recover from the City payment for all Work executed and installed in place and any expense sustained plus reasonable termination expenses. The provisions of this paragraph shall not relieve the Contractor of the obligations under Article 6 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the City. ARTICLE 16 - MISCELLANEOUS 16.1 Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: 16.1.1 No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Contractor agrees to meet all of the requirements of Owner’s municipal code, pertaining to non-discrimination in employment. 16.1.2 In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or Supplier shall be notified by the Contractor of the subcontractor's obligations under this Contract and the regulations relative to nondiscrimination on the grounds of race, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. 16.1.3 The Contractor will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 16.2 Giving Notice: 16.2.1 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.2.2 Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: Owner: City Manager City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 GC-25-4.doc - Page 41 City of Aspen - General Conditions for Construction Contracts With a copy to: City Attorney City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 16.2.3 Electronic Signatures and Electronic Records: This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 16.3 Computation of Time: 16.3.1 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.3.2 A consecutive calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. A working day is any day; Monday through Friday of each week, also called business day. 16.4 General Responsibilities: Should the City or the Contractor suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 16.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the Contractor by the General Conditions, and all of the rights and remedies available to the City thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 16.5 Independent Contractor Status: It is expressly acknowledged and understood by the parties that nothing in this agreement shall result in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. GC-25-4.doc - Page 42 City of Aspen - General Conditions for Construction Contracts THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in or be construed as establishing an employment relationship. Contractor shall be, and shall perform as, an Independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the Owner. No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of the Owner. Owner is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Contractor. None of the benefits provided by Owner to its employees including, but not limited to, workers’ compensation insurance and unemployment insurance, are available from Owner to the employees, agents or servants of Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor’s agents, employees, servants and consultants during the performance of this contract. Contractor shall indemnify Owner against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Contractor and/or Contractor ’s employees engaged in the performance of the services agreed to herein. 16.6 Prohibited Interest: No member, officer, or employee of the City of Aspen shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 16.7 Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. 16.7.1 The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or to any solicitation or proposal therefor. 16.7.2 It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. 16.8 Payments Subject to Annual Appropriations: If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriated. 16.9 Contractor Acceptance: 16.9.1 The acceptance by the Contractor of any payment made on the final completion of Work under these General Conditions, or of any final payment due on termination, shall constitute a full and complete release of the City from any and all claims, demands and causes of action whatsoever which the Contractor, has or may have against the City under the provisions of these Contract Documents. 16.9.2 No action shall be maintained by Contractor, its successors or assigns, against the City or the Project Manager on any claims based upon or arising out of this Contract or out of anything done in connection with this Contract unless GC-25-4.doc - Page 43 City of Aspen - General Conditions for Construction Contracts such action shall be commenced within 180 days after the date approval of the final progress payment hereunder, or within 180 days of the termination of this Agreement. 16.10 Successors and Assigns This Contract and all of the covenants hereof shall inure to the benefit of and be bidding upon the City and the Contractor respectively and their agents, representatives, employees, successors, assigns and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 16.11 Third Parties This Contract does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor of the City may assign this Agreement in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 16.12 Waiver The waiver by the Owner of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the Owner. Forbearance or indulgence by the Owner in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Contractor to which the same may apply and, until complete performance by Contractor of said term, covenant or condition, the Owner shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 16.13 Contract Made in Colorado The Parties agree that this Contract was made in accordance with the laws of the State of Colorado and shall be so construed. The Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 16.14 Attorney's Fees In the event that legal action is necessary to enforce any of the provisions of this Contract, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 16.15 Waiver of Presumption This Contract was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract. 16.16 Severability Clause: If any provision of the Contract is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable laws, statutes, and regulations of the United States of America or the State of Colorado, all other provisions of the Contract shall remain in full force and effect. 16.17 Audit and Records The Contractor shall maintain all data and records pertinent to the Work performed under this Contract, in accordance with generally accepted accounting principles, and shall preserve and make available all data and records until the expiration of seven (7) years from the date of final payment under this Contract, or for such longer period, if any, as is required by applicable statute or by other articles of the Contract Documents. The authorized representatives of the U.S. Department of Transportation, Comptroller General of the United States, the State of Colorado and the City shall have access to all such data and records for such time period to inspect, audit and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any Subcontractor utilized in the performance of this Agreement shall permit the authorized representatives of the United States Department of Transportation, the State of Colorado, and the City, to similarly inspect and audit all data and records of said Subcontractors relating to the performance of said Subcontractors under this Agreement for the same time period. 16.8 Audit 16.18.1 COST OR PRICING DATA: If the Contractor has submitted cost or pricing data in connection with the pricing of any modification to the Contract, unless the pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by GC-25-4.doc - Page 44 City of Aspen - General Conditions for Construction Contracts law or regulation, the Project Manager or a representative of the City shall have the right to examine and audit all books, records, documents, and other data of the Contractor (including computations and projections) related to negotiating, pricing or performing the modification, in order to evaluate the accuracy, completeness, and currency of the cost and pricing data. In the case of pricing any modification, the authorized representatives of the U.S. Department of Transportation, and the State of Colorado shall have the same rights. 16.18.2 AVAILABILITY: The Contractor shall make available at its offices at all reasonable times the materials described in the Contract Documents, for examination, audit, or reproduction, until seven (7) years after final payment under the Contract, or for any period, if any, as is required by applicable statute or by other articles of this Contract. 16.18.3 If this Contract is completely or partially terminated, the records relating to the Work terminated shall be made available for three years after any resulting final termination payment. 16.18.4 Records pertaining to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigation, or claims. Rev. 4/11/25 GC-25-4.doc City of Aspen - Special Conditions for Meadowood Pump Station Improvements & Standby Power SC1 THE CITY OF ASPEN SPECIAL CONDITIONS – PART 1 For Rubey Pump Station Generator and Access Road Project: 2025-260 1.0 GENERAL: Clarification of Terms: The Special Construction Provisions (SCP) are intended to specify and provide additional description, clarification, or conditions that are applicable to this Contract. These SCP amend or supplement the City of Aspen’s General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. These Special Construction Provisions (SCPs) provide additional descriptions, clarifications, or conditions that are applicable to this Contract. Should any portion of other information, Instructions to Bidders, General Conditions or Technical Specifications, be in conflict with these SCPs, the SCPs shall apply. Here after the City of Aspen Water Department will be referred to as the City of Aspen, City, or COA. All references to the City of Aspen Project Engineer or Project Manager shall be referred to as the “Project Manager”. Project Site shall refer to the area as shown on the Rubey Pump Station site plan where the actual construction will take place. This project will be referred to as the “Rubey Pump Station Generator and Access Road”, or “Rubey Generator”. All work is within the Pitkin County, and Pitkin County ROW on City owned easements at 220 American Lane depicted on the site plan. All easements are in place, permitting will be coordinated through COA Project Manager, all permitting fees are to be paid by the City of Aspen through Item 17 on the Bid Tab. Project to include the following, but not limited to the following, Schedules A, and Addiditon/Alternative (Add/Alt) 1 are provided for clarity in scopes of work. The work may be completed in any order of operation and the City will work with the contractor to schedule each scope of work. The Contractor is required to Bid Schedule A and the Add/Alt. Schedule A: Concrete Generator Pad and Conduits • Site preparation and installation of new generator pad. • Installation of a new gas line. • Coordination with Black Hills Energy and Cummins on all generator natural gas supply connection requirements. • Install all new conduits, conductors, and controls. • Remove existing service disconnect and install new ATS including all coordination with Holy Cross. • Revegetation and new plantings for the site. City of Aspen - Special Conditions for Meadowood Pump Station Improvements & Standby Power SC1 • Coordinate to set generator using a crane. • All generator commissioning activities • As-built drawings of all new facilities. Addition/Alternative 1: • 4” Asphalt installation as described on the Bid Dwgs. This is an Add Alt as the City has coordinated to install Asphalt Spring 2026 if Pricing and budget is sufficient the City may opt to Asphalt the Access Road in coordination with the Project 2.0 CONTRACT TIME All Civil work at the Rubey Pump Station site shall be 100% completed by October 31, 2025 or dates approved in writing by the City of Aspen Water Department. The Contractor shall be responsible for implementing all underground utility improvements, the generator pad structure, site grading, and restoration by October 31, 2025. Coordination of pipeline shutdowns with City of Aspen Operations Staff is essential. All underground pipelines, electrical conduits, exterior grading and revegetation shall be installed by October 31, 2025. All work shall be coordinated in a format that provides minimal downtime for the existing facilities. The Contractor shall provide a CMP type schedule prior to Pre-construction meeting and any construction that will be reviewed and approved by the Project Manager 3.0 EXPLORATION REPORTS & MATERIALS TESTING: No soils tests were performed for this project. If the Contractor wishes more soils information, the Contractor can perform such subsurface soils investigations when deemed necessary through a certified materials lab at their own costs. All soil sampling & compaction, concrete paving, structural concrete testing, quality control, and hot mixed asphalt paving related testing and re-testing will be performed by a certified material testing laboratory acceptable to the City Water Department and at his/her direction. The cost of all material testing and re-testing shall be paid by the Contractor. If the City of Aspen deems it necessary to obtain more testing information above than provided by the Contractor, the City may request or require additional testing through the Contractor’s testing company or its own testing company at its own cost. 4.0 PROJECT ENGINEER AND THE CITY’S REPRESENTATIVE: The City’s Representatives for this project shall be a Project Manager, and/or a City of Aspen Water Department Staff member and/or a designated inspector/field personnel. The designated inspector and field staff maybe changed as necessary by the Project Manager. Unless provided in writing by the City of Aspen Water Department, any on-site inspector or Representative of the City shall not have the authority to render any binding decision nor make any binding judgments to the Contractor pertaining to any work which may change the Contract price or time of completion, or change the quality of Work, or change the manner in which the Work is being performed, or make design changes. The Project Manager is the only person who can perform these actions. The Project Manager and the City’s Representative shall serve as a means of communication between the City, and Contractor, and shall monitor the Work for the City. City of Aspen - Special Conditions for Meadowood Pump Station Improvements & Standby Power SC1 5.0 MANDATORY PRE-CONSTRUCTION CONFERENCE & WEEKLY PROGRESS MEETINGS: A pre-construction conference shall be held within fourteen (14) Consecutive Calendar Days after the Notice of Proceed by the City Council. The purpose of such meeting shall be to explain and coordinate, as required, to the Contractor, the requirements of the Contract Documents, the procedures to be used in the administration of the Contract, and to discuss any item of concern to the work. The Contractor and the Water Department, 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 Weekly Progress Meetings shall be scheduled at the pre-construction conference. Provide the Construction Schedule prior to Preconstruction Meeting. Mandatory attendance by Project Manager, Water Department Distribution and Treatment Staff, Contractor Project Manager and Construction Project Supervisor. Please provide a 1 week’s notice prior to commencing construction, for any and all inspections, or preconstruction meetings. Once work starts, a minimum of a 48-hour notice is required for all inspections and the City of Aspen locates, tests, and sampling. Contractor to provide a construction schedule and sequencing summary prior to the Pre- construction meeting and both are required to be updated weekly and presented at all subsequent weekly meetings. 6.0 PROGRESS SCHEDULE AND SEQUENCE OF OPERATIONS: 6.01 Within seven (7) days of the date of the bid award by the City Council, and prior to the pre-construction conference, the Contractor shall submit for review to the Water Department a critical-path chart showing the estimated progress for the component divisions of the Work and a balanced time breakdown, showing the estimated progress schedule for the entire Project. For purposes of comparison, the Contractor shall submit with each progress pay estimate a form showing the actual rate of progress to date for the component divisions and for the Project as a whole. The actual rate of progress shown on the form shall only include Work completed and shall not include stored materials. 6.02 It is mandatory that the Contractor submit for approval, prior to the pre-construction conference, a Traffic Control & Barricading Plan for each segment of the street or Pedestrian Path, a narrative of the planned sequence of construction indicating the approximate date and time duration of any road or street restrictions or closures, utility interruptions, etc., as applicable to this project. Access from street needs to be addressed in the Traffic Control Plan. This document and the CMP are required for the Contractor to obtain City of Aspen Permits. 6.03 In the event that the rate of actual progress of the work falls behind the estimated progress indicated on the approved critical-path chart and in the absence of time extensions if any granted by the Water Department, the Contractor shall accelerate the Work by placing additional forces and equipment on the Project so that the Project will be completed within the Contract Time. The Contractor shall be capable and make available more crews as needed to perform the work on time. City of Aspen - Special Conditions for Meadowood Pump Station Improvements & Standby Power SC1 6.04 The Contractor shall provide a list of emergency (24 hour) contact name(s), addresses and phone numbers to the Water Department a minimum of 48 hours prior to the pre- construction conference. Emergency phone calls must be responded to in 1 hour or less and action must be taken on the emergency condition immediately. Such emergency calls shall be project related and at the Contractor's cost. The Owner may initiate such corrective work at Contractor's cost if the Contractor fails to perform the required task within one hour of an emergency call. This information shall be in the Construction Management Plan as well. 7.0 SURVEY CONTROL: The Contractor shall be responsible for establishing grades from the Bench Mark(s) established and described in the Contract Documents. At a minimum, the Contractor shall establish a construction base line, and layout staking by an insured Colorado registered professional land surveyor. The Contractor shall be responsible for protecting and/or re-establishing bench mark control if necessary during the construction process. All other surveying, layout, and other surveying including as-builts will be the responsibility of the Contractor. 8.0 VERIFICATION OF EXISTING UTILTIES Any known underground utilities and structures are indicated on the Drawings. This information is shown as a convenience to the Contractor and is not guaranteed to be accurate or complete. The Contractor is required to verify the elevation of all existing utility elevations by potholing or other means prior to installation of conduits, connections to the existing lines, and work around the proposed construction. Based upon the verification of the elevation of the existing utilities, minor adjustments in the alignment, profile, and elevation of the proposed pipelines and conduits may be required. In case of conflict in elevations of the new lines and existing utilities, the Contractor will provide the City of Aspen Project Manager and its representatives the utility elevations and the Project Manager will direct the Contractor to make any field adjustments in alignment or elevations of the pipelines or conduits. The Contractor shall not make any elevation adjustment of the new lines without consent of the City of Aspen, the Design Engineer, or its representatives. No extra compensation will be granted for the location of existing utilities, required potholing, or minor alignment or elevation adjustments of the new lines. It shall be the Contractor's responsibility to contact proper authorities, (calling 811) for location, horizontal and vertical, and take any precautions necessary to protect the utilities. It shall be the Contractor's responsibility to locate and maintain all utilities in proper working order at all times. The Contractor shall use extreme caution when working around the existing utilities. 9.0 PROTECTION OF PUBLIC FACILITIES, UTILITIES AND OTHER ADJOINING PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to other property at the site or adjacent thereto, and he shall be liable for any and all claims for such damage on account of his failure to fully provide such protection. The Contractor shall preserve and protect all existing vegetation such as trees, shrubs, and grass on or adjacent to the site which do not unreasonably interfere with the construction, as may be City of Aspen - Special Conditions for Meadowood Pump Station Improvements & Standby Power SC1 determined by the Engineer or Engineering Inspector. The Contractor shall be responsible for all unauthorized cutting or damage of trees and shrubs, including damage due to careless operation of equipment, stockpiling of materials, or tracking of sodded areas by equipment. The Contractor shall at all times take proper precautions for the protection and or replacement or restoration of driveways culverts, fencing, irrigation systems, irrigation crossings, mailboxes, landscape improvements and all other public and private installations that may be encountered during construction. Such protection or replacement shall be borne by the Contractor. The Contractor shall work with adjacent property owners to coordinate any construction activity that disrupts adjacent property owners’ landscaping. The Contractor is responsible for any damage outside of the work area. Prior to starting work, the Contractor is to provide the City with photos of areas that may be impacted by the Contractor for use in the determination of restoration extents. The Contractor shall notify all public utility companies at least forty-eight (48) hours prior to commencement of any Work in the vicinity of the utilities. It shall be the Contractor’s responsibility to determine the exact location of utilities that may interfere with the performance of the Work of this project by exploratory excavation sufficiently in advance of beginning construction in an area so that potential conflicts may be resolved. It shall be the Contractor’s responsibility to make all arrangements with the utility owner(s) for utility relocations or adjustments and to coordinate the sequence of such work to eliminate possible conflicts with construction progress. The cost to relocate utilities necessary for the performance of the work shall be paid by the City. The cost to relocate utilities for the convenience of the Contractor shall be paid by the Contractor. Work involving changes in, or interference with, utility service shall be done at such times and in such a manner that it will cause the least interference with the proper handling and delivery of the utility service to the receiving customers. Contractor shall notify, or arrange through the appropriate utility company notification of, all parties that will be affected at least 48 hours prior to the time service is disconnected or interrupted. Notice shall consist of publication in a local newspaper and/or announcement on local radio stations as determined by the City Engineer. Damaged utilities shall be immediately repaired and restored to service. Repair work shall be continuous until the service is restored. The Contractor is responsible for immediate notification of the utility company if there is any damage to a utility. 10.0 DAMAGE TO CONSTRUCTION: The Contractor shall safeguard, until all work in the contract is formally accepted, all construction, both complete and incomplete, against damage and destruction, and should damage result, the contractor will be required to reconstruct at their expense in a manner conforming to the Plans and Specifications, reconstruction shall be in a manner suitable to the Water Department, City, and Property Owners. No repair or mitigating option for damaged work will be accepted by the City. City of Aspen - Special Conditions for Meadowood Pump Station Improvements & Standby Power SC1 11.0 JOB SITE RESTRICTIONS: All materials to be removed from the project site or demolished on site shall be disposed of by the Contractor off the project site unless requested otherwise by the City. The City of Aspen Water Plant property may be available for Contractor staging and/or storage areas. This area will only be allowed to be used for the temporary staging and storage of materials and equipment associated with the project. All agreed-upon areas must be kept clean and orderly. Any spoils should be hauled off-site on daily basis. Any equipment shall be left in locations to not impede daily site operations. Staging and storage locations are to be determined at the Preconstruction meeting. All disturbed areas shall be restored by the Contractor. 12.0 WORKING HOURS: Work will normally be permitted between 8:00 a.m. and 5:00 p.m or as designated by the Pitkin County Codes and in the approved CMP. Construction activity that generates noise in excess of 80 decibels is restricted to the hours of 9:00 am to 5:00 pm Monday thru Friday. All other work hours must be approved by the City in writing. No work will be permitted on Sunday, except with 48 hours prior written notice to the City to allow notification of the public. 13.0 SUB-EXCAVATION, BACKFILLING & COMPACTION: Unsuitable materials are not anticipated within the project limits. However, if encountered, muck, unstable or unsuitable material shall, at the discretion and direction of the Project Manager, or designee, be removed. Removal of such material shall be to the depth and horizontal limits specified by the Project Manager, or designee. Any such areas which are over-excavated shall be filled to the subgrade elevation with aggregate base course class 6. The backfill material shall be placed in lifts of 12" or less and compacted to a minimum of 95% density of the modified proctor test method. The price for sub-excavation, backfill and compaction will be measured by the ton actually installed and be paid under Sub-Excavation & Backfill bid item. 14.0 DISPOSAL OF HAZARDOUS MATERIALS: The disposal of any hazardous materials shall be the sole responsibility of the Contractor. 15.0 SALVAGE: Stone masonry, concrete, steel, timber and other items removed from the site are the property of the City of Aspen unless otherwise noted in the project documents. Those items that the City of Aspen does not wish to keep shall be disposed of off-site by the contractor at the contractor’s expense. 16.0 MATERIAL TESTS AND CERTIFICATES: 16.01 Tests required to guard against unsuitable materials or defective workmanship and to demonstrate that materials comply with the provisions of the Contract Documents shall be paid for by the Contractor. 16.02 The procedures and methods used to sample and test materials shall be as specified or as determined by the Water Department. Unless otherwise specified in these SCP, samples and test shall be made in accordance with the latest standard methods of ASTM, AWWA, AASHTO, and CDOT's current edition of Standard Specifications for Road and Bridge Construction. City of Aspen - Special Conditions for Meadowood Pump Station Improvements & Standby Power SC1 16.03 The Contractor shall furnish at least 1 copies of test results to both the Project Manager and Designated Inspector. 16.04 All material testing is the responsibility of the contractor and is to include, but not limited to soil and subsurface testing and inspections, Standard Proctor Density for backfill material, compaction testing, all concrete testing and quality control. If the City of Aspen deems it necessary to obtain more testing information above than provided by the contractor, the City may request or require additional testing through the contractor’s testing company or its own testing company at its own cost. 17.0 SUBCONTRACTORS AND SUPPLIERS: Contractor shall identify in his/her sealed bid the name and address all Subcontractors, Suppliers, and other persons or organizations that will furnish the principal items of materials, equipment, and labor for this project. 18.0 PAYMENT RETAINAGE: Retainage on Pay Estimates shall be 5% of the value of the work completed. 19.0 WAIVER: It is expressly understood and agreed that any waiver granted by the City of Aspen Water Department of any term, provision or covenant of this Contract shall not constitute a precedent nor breach of same or any other terms, provisions or covenants of this Contract. Neither the acceptance of the Work by the Owner nor the payment of all or part of the sum due the Contractor hereunder, shall constitute a waiver by the Owner of any claim which the Owner may have against the Contractor or otherwise. 20.0 PRECEDENCE OF THE CONTRACT DOCUMENTS: The City of Aspen’s current Water Distribution System Standards or the most recent version take precedence over the Contract Documents, except as noted. If any issue arises or if the contractor suspects that there may be a discrepancy prior to bidding the contract issue between the Water Distribution System Standards and the Contract Documents, the contractor shall request in writing clarification of the discrepancy prior to construction or bidding. The order of precedence of Contract Documents shall be as follows: 1. Addenda 2. Drawings, if any a. Detailed Drawings b. Standard Drawings 3. SCP’s 4. Referenced Technical Specifications 5. Contract for Construction 6. Instructions to Bidders 7. Standard General Conditions 8. Construction Management Plan Requirements Manual 9. City of Aspen Engineering Standards City of Aspen - Special Conditions for Meadowood Pump Station Improvements & Standby Power SC1 21.0 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS: The Contractor shall furnish Performance, Payment, and Maintenance Bonds, each in an amount equal to one hundred percent (100%) of the total Contract price as security for the faithful performance, payment, maintenance obligations of all Contractor's Work under the Contract Documents. Reference is made to the General Conditions for further requirements for Performance, Payment, and Maintenance Bonds. 22.0 WARRANTY INSPECTION: The Contractor will warranty all work in this Contractor for a period of two years from date of substantial completion. Substantial completion date shall be defined as generator installed, and commissioned by the manufacturer(s), and operable by the City of Aspen Staff per the design. Final Acceptance will be when all work is 100% complete, operational, and being used by the City of Aspen, including all punch list work, as-builts, and release of Final Retainage. At the City's discretion, a warranty inspection will be held during sixty (60) calendar days prior to the expiration of the warranty period under the Maintenance Bond. The Contractor shall provide an authorized representative at such inspection to represent the Contractor's interests. All defects identified during inspection shall be corrected at Contractor's expense at the direction of the City immediately. Corrective Work shall be commenced within five (5) consecutive calendar days after written notice to Contractor. 23.0 PERMITS: The City will assist with all permit submittals and coordination with Pitkin County. The Contractor is ultimately responsible for any and all permits in Pitkin County, with Black Hills Energy, and Holy Cross Energy. Refer to the City of Aspen website www.Aspen.Gov for more information on required information on permits and submittal requirements. 24.0 CONSTRUCTION POWER AND WATER: Contractor shall provide all materials needed for construction water. Coordination to obtain water from a City of Aspen Filler Station at the Aspen Airport Business Center, all permitting necessary to utilize the Filler Hydrant is the responsibility of the Contractor. The Contractor shall be responsible for providing power requirements during construction a 120 volt outlet within the facility may be accessible at certain points during construction, however not guaranteed. The Contractor shall furnish a portable toilet for his workers use. Contractor is not allowed to operate or use City of Aspen facilities or equipment at any time. 25.0. MATERIALS SUPPLIED BY OWNER The City shall Provide: • One Cummins 70kW Dual Fuel Natural Gas/Propane Generator, One Automatic Transfer Switch, and associated Equipment as specified on the plans and in the attached Submittal Documents, Generator Installation Manual, and Transfer Switch Installation Manual within Special Conditions Part 2: Technical Specifications. City of Aspen - Special Conditions for Meadowood Pump Station Improvements & Standby Power SC1 26.0. SERVICES PROVIDED BY OWNER: • SCADA Control work by the City of Aspen’s SCADA Control Contractor TLECC – Timberline Electrical Control Corporation of Morrison Colorado via a separate contract. All SCADA Coordination for control wire and associated conduit is the responsibility of the Contractor. City of Aspen - Special Conditions Part 2 – Technical Specifications SC1-971.doc SC1 Page 1 THE CITY OF ASPEN Utilities Department SPECIAL CONDITIONS - PART TWO TECHNICAL SPECIFICATIONS for Rubey Pump Station Generator and Access Road Project No. 2025-260 1.00 GENERAL. 1.01 The Special Conditions, Part Two, Technical Specifications, are intended to specify and provide additional description, clarification, or conditions that are applicable to this Contract. These Special Conditions represent a short-form outline of the more complete Technical Specifications also contained in the Contract Documents 1.02 The Special Conditions, Part Two, Technical Specifications shall delineate the measurement and payment for each item listed below, as well as emphasize the appropriate standard construction specifications which are the Colorado Department of Transportation's Division of Highways (DOH) Standard Specifications for Road and Bridge Construction (SSR & BC), 1991 Edition, or as modified in these Special Conditions. Any conflicts between the DOH Standard Specifications and the provisions herein shall be resolved by the Project Manager of the City of Aspen, Pitkin County, Colorado. 1.03 Standards Used: The Special Conditions shall delineate the measurement and payment for each item listed below, as well as emphasize the appropriate standard construction specifications which are the Colorado Department of Transportation's Division of Highways (DOH) Standard Specifications for Road and Bridge Construction (SSR & BC), 1991 Edition, or as modified in these Special Conditions. Any conflicts between the DOH Standard Specifications and the provisions herein shall be resolved by the Project Manager of the City of Aspen, Pitkin County, Colorado. 1.04 The Unit Bid Item: The cost for each Bid item listed in the Contractor’s Proposal Form shall include the labor, equipment, materials, delivery, manufacturer's or supplier's certification testing, insurance(s), permits, licenses, construction surveying & Staking, preparation of As-Built plans as applicable, taxes, profit and overhead expenses, administration, clerical, secured storage, complete in-place installation, site restoration to original or better condition and cleanup to the satisfaction of the Project Manager. 1.05 The City intends to award the work as one contract which will consist of Base Bid only in the 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. City of Aspen - Special Conditions Part 2 – Technical Specifications SC1-971.doc SC1 Page 2 2.00 DETOURING AND TRAFFIC CONTROL 2.01 Scope. This work shall consist of furnishing, installing, moving, maintaining and removing temporary traffic signs, advance warning signs, barricades, channelizing devices, delineators, and flagmen as required by the latest revision of the "Manual on Uniform Traffic Control Devices for Streets and Highways" and the latest revisions of the Colorado Supplement thereto, in accordance with the Drawings and these Specifications. 2.02 Reference Standards. A. State of Colorado, Division of Highways M & S-Standards, Sheets S-614- 50 (pages 1-4), and S-614-51. B. State of Colorado, Division of Highways, Manual on Uniform Traffic Control Devices for Streets and Highways. C. State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 1991 Edition, Sections 107.07 and 107.10. 2.03 Submittals The Contractor shall submit a schedule of traffic control devices to be used at preconstruction conference. 2.04 Measurement and Payment Detouring and Traffic Control shall be paid for on a Lump Sum basis proportional to the overall project completion. 3.00 EARTHWORK 3.01 Scope. Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to perform all clearing and grubbing, excavation, backfilling, compacting, testing and related work not specified elsewhere, as shown on the Drawings and required by the Specifications. All work within the rights-of-way of the County Governments or Municipal Governments shall be done in compliance with requirements issued by those agencies. All such requirements shall take precedence over these Specifications. It shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. The City of Aspen, as the Project Owner, shall coordinate arrange and pay for all required soils testing of backfill operations independent of the Contractor. The Contractor shall cooperate with all individuals engaged in compaction testing of the Work. City of Aspen - Special Conditions Part 2 – Technical Specifications SC1-971.doc SC1 Page 3 3.02 Reference Standards A. State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 1991 Edition, Section 200. B. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or AASHTO T99. C. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. D. Frequency of testing to be done at the direction of the Project Manager. 3.03 Submittals -Not Applicable- 3.04 Measurement and Payment Earthwork shall be measured and paid for to the nearest cubic yard. 4.00 EXCAVATION AND BACKFILL FOR GENERATOR 4.01 Scope Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to perform all clearing and grubbing, excavation, backfilling, compacting, testing and related work not specified elsewhere, as shown on the Drawings and required by the Specifications. All work within the rights-of-way of the County Governments or Municipal Governments shall be done in compliance with requirements issued by those agencies. All such requirements shall take precedence over these Specifications. It shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. 4.02 Reference Standards A. State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 1991 Edition, Sections 200, 300 and 703. B. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or AASHTO T99. C. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. D. Frequency of testing to be done at the direction of the Project Manager. City of Aspen - Special Conditions Part 2 – Technical Specifications SC1-971.doc SC1 Page 4 E. Compact fill materials to following 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: 100%. 2. Backfill beneath or within 5' horizontally of existing or proposed structures, pavements, roadways, sidewalks, curbs, utility lines or other improvements: 95% 3. Backfill within public or designated rights-of-way: 90% or as shown on the Drawings. 4. Backfill within undeveloped, green or undesignated area: 85%. 4.03 Submittals The Contractor may be required to submit sieve analysis results to confirm compliance of selected import backfill against the requirements of CDOH Section 703. 4.04 Measurement and Payment Excavation and backfill for structures shall be measured and paid for to the nearest cubic yard. 5.00 TRENCHING AND CONDUIT FOR CONTROLS AND ELECTRIC 5.01 Scope. Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to perform all excavation, backfilling and compaction of underground pipelines, conduits, cables and appurtenances shown on the Drawings and specified herein. All work within the rights-of-way of the County Governments or Municipal Governments shall be done in compliance with requirements issued by those agencies. All such requirements shall take precedence over these Specifications. It shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. Contractor will be required to obtain necessary road cut permits. 5.02 Reference Standards A. State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 1991 Edition, Sections 200, 300, relevant portions of Section 600 and Section 703. B. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or AASHTO T99. C. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. D. Frequency of testing to be done at the direction of the Project Manager. City of Aspen - Special Conditions Part 2 – Technical Specifications SC1-971.doc SC1 Page 5 E. Compact fill materials to following densities at optimum moisture content based on ASTM D698 or AASHTO T99 as shown on the Drawings or as follows: 1. Bedding Material, including material used for over-excavation of any kind: 95% 2. Select Material: 95% 3. Backfill beneath existing or proposed pavement, roadways, sidewalks, curbs, utility lines and other improvements or within 5' horizontally of such improvements: 95% 4. Backfill within public or designated right-of-way: 90% or as shown on the Drawings. 5. Backfill within undeveloped, green or undesignated area: 85% 5.03 Submittals A. Bedding Material 1. Submit sieve analysis B. Select Fill 1. Submit sieve analysis 5.04 Measurement and Payment Payment for Trenching, Backfilling and Compaction shall be paid to the nearest Linear Ft. 6.00 STORMWATER AND DRAINLINE CONNECTION 6.01 Scope Work under this section includes furnishing, installing, cleaning and testing drainage pipe (including culverts) underdrains, trench drains, bands, collars, inlet section, outlet sections and all other items appurtenant to drainage pipe. 6.02 Reference Standards State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 1991 Edition, Section 707 and M-Standard 603-10. 6.03 Submittals Product date including catalogue cut sheets and descriptive literature. 6.04 Measurement and Payment Steel culvert pipe shall be measured and paid for on a per linear foot basis. 7.00 CONCRETE PAD INSTALLATION 7.01 Scope Work to be completed under this section shall include all labor, equipment, plant and materials necessary to furnish and install all poured-in-place concrete, City of Aspen - Special Conditions Part 2 – Technical Specifications SC1-971.doc SC1 Page 6 together with all miscellaneous and appurtenant items, as shown on the Drawings and as specified herein. 7.02 Reference Standards Except as modified or supplemented herein, all Work shall conform to the following standards. Refer to standards for detailed requirements. ACI 605 - Recommended Practice for Hot Weather Concreting. ACI 306 - Recommended Practice for Cold Weather Concreting. Publication SP-2, ACI Manual for Concrete Inspection. ASTM A 615 - Standard Specifications for Deformed and Plain Billet Steel Bars for Concrete Reinforcement. ASTM A 185 - Specifications for Welded Steel Fabric for Concrete Reinforcement. 7.03 Submittals A. Lab Design Mix. Prior to the start of Work, Contractor to submit a statement of the proportions for the concrete mixture. Statement to include: 1. Location & identification of aggregate source. 2. Batch quantities for one (1) cubic yard of concrete, including: a. Weight of fine aggregate in a saturated surface dry condition. b. Weight of coarse aggregate in a saturated surface dry condition. c. Weight or number of 94 pound bags of cement. d. Weight or gallons of water. e. Amount and description (including manufacturer, specific product name, and number) of all admixtures. 3. Test results on trial batch concrete made from the proposed mix design, including: a. Cement factor in bags per cubic yard based on yield tests. b. Water-cement ratio. c. Percent of entrained air. d. Consistency in inches of slump. e. At least three 7-day compressive strength tests. 4. Brand, type and place of manufacture of cement. 5. Aggregate test results for grading, deleterious substances and physical properties using test procedures developed by AASHTO. B. Reinforcing Steel. Product data sheet and statement of manufacturer's compliance with applicable standards. 7.04 Measurement and Payment Cast-in-place concrete shall be measured and paid for Lump Sum. City of Aspen - Special Conditions Part 2 – Technical Specifications SC1-971.doc SC1 Page 7 8.00 FINISHED GRADING AND RESTORATION 8.01 Scope This Work shall consist of finish grading, restoration of grounds and clean- up. This shall be a continuous process from project start-up to final acceptance of the Work by the Project Manager. 8.02 Reference Standards -Not Applicable- 8.03 Submittals -Not Applicable- 8.04 Measurement and Payment Clean up and restoration shall not be paid for as a separate bid item but shall be considered a part of the entire project. 9.00 ACCESS ROAD SUB-EXCAVATION, BACKFILLING & COMPACTION: 9.01 Scope See Plans for construction Details Unsuitable materials are not anticipated within the project limits. However, if encountered, muck, unstable or unsuitable material shall, at the discretion and direction of the Project Manager, be removed. Removal of such material shall be to the depth and horizontal limits specified by the Project Manager. Any such areas which are over-excavated shall be filled to the subgrade elevation with aggregate base course class 6. The backfill material shall be placed in lifts of 12" or less and compacted to a minimum of 95% density of the modified proctor test method 9.02 Reference Standards -Not Applicable- 9.03 Submittals -Not Applicable- 9.04 Measurement and Payment The price for sub-excavation, backfill and compaction will be measured by the C.Y. actually installed and be paid under Access Road Backfill bid item. 10.00 ASPHALT REPAIR 10.01 Scope See Plans for gas line tie-in at American lane. This includes all preparation and installation including T-Patch milling on either side of the gas line trench. 10.02 Reference Standards -State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 1991 Edition, Section 707 and M-Standard 603-10. 10.03 Submittals -All HMA pavement including the leveling course shall be CODT’s grading “SX” mix with the following amendments: a. The asphalt cement shall be Type PG 70-34, referenced as Performance Graded Asphalt Binder, and specified in the Asphalt institute’s Superpave Series No. 1 (SP-1), Page 64. b. The finished pavement’s density shall be 92% to 96% based on a maximum theoretical specific gravity and under the AASHTO - T209 testing procedure. Ideally, the expected density shall be 94%. All City of Aspen - Special Conditions Part 2 – Technical Specifications SC1-971.doc SC1 Page 8 pavement mats will be measured and paid on the basis of finished square yard surface area installed complete in place, tested and accepted by the City, except for leveling course which will be measured and paid for the ton(s) of material complete in place . 10.04 Measurement and Payment The price asphalt is based on the ton(s) of material installed based on Asphalt tickets delivered to P.M. 11.00 ASPHALT ACCESS ROAD (Addition/Alternative) 11.01 Scope See Plans for 4” asphalt installation. This includes all preparation and installation. This work may be pursued as a poriotn of this contract based on pricing. If not installed in 2026 all work should be brought to asphalt finished grade for proing 2026 installation by others. 11.02 Reference Standards -State of Colorado, Division of Highways, Standard Specifications for Road and Bridge Construction, 1991 Edition, Section 707 and M-Standard 603-10. 11.03 Submittals -All HMA pavement including the leveling course shall be CODT’s grading “SX” mix with the following amendments: a. The asphalt cement shall be Type PG 70-34, referenced as Performance Graded Asphalt Binder, and specified in the Asphalt institute’s Superpave Series No. 1 (SP-1), Page 64. b. The finished pavement’s density shall be 92% to 96% based on a maximum theoretical specific gravity and under the AASHTO - T209 testing procedure. Ideally, the expected density shall be 94%. All pavement mats will be measured and paid on the basis of finished square yard surface area installed complete in place, tested and accepted by the City, except for leveling course which will be measured and paid for the ton(s) of material complete in place . 11.04 Measurement and Payment The price asphalt is based on the ton(s) of material installed based on Asphalt tickets delivered to P.M. 12.00 RE-SHOULDERING: Work under this Bid item includes placement of excess pulverized materials removed from the City streets under this Contract on the existing shoulders, and finish grading of the shoulders to a 4% optimum cross slope, and rolling the new shoulders for proper embedment and compaction. Measurement and payment shall be for square yard of finished shoulder surface area, minimum 4 inches thick. Limits of measurement and payment shall be for a 4 feet wide shoulder. 13.00 CUT SHEETS AND MANUFACTURER INFORMATION Tech Spec. A Generator Submittal 119 pgs. 5(&25'21/<68%0,77$/3$&.$*(3UHSDUHGIRU &XPPLQV3URMHFW0DQDJHU 7+,668%0,77$/,6%(,1*35(3$5(')255(&25'385326(621/< 6DOHVIRUFH2 %06 &XVWRPHU32 &XPPLQV6DOHVSHUVRQ City of Aspen Rubey Pump Station - Sourcewell City of Aspen 500 Doolittle Aspen, Colorado Troy McMillen troy.mcmillen@cummins.com (303) 819-0150 2025-038 SFP13 459599 656207 13 Mar 2025 Rev _ Melissa Guillen AH267@cummins.com 970-261-5815 6HUYLQJ&XPPLQV&XVWRPHUV &XPPLQVSRZHUVROXWLRQVDUHVXSSRUWHGE\WKHODUJHVWDQGEHVWWUDLQHGZRUOGZLGH FHUWLILHGVDOHVGLVWULEXWRUQHWZRUNLQWKHLQGXVWU\7KLVQHWZRUNZLOOKHOS\RXVHOHFW DQG LQVWDOO WKH FULWLFDO SRZHU VROXWLRQ WR PHHW WKH UHTXLUHPHQWV RI \RXU VSHFLILFDSSOLFDWLRQ7KLVVDPHQHWZRUNSURYLGHVH[SHUWVZLWKDGYDQFHGWHFKQRORJ\ WRPDNH\RXUOLIHHDVLHUZKLOHSURYLGLQJDVHDPOHVVVXSSRUWH[SHULHQFH ,03257$177KHFULWLFDOSRZHUVROXWLRQLQIRUPDWLRQDQGVSHFLILFDWLRQVLQFOXGHGLQ WKLV SGI FDQ EH XVHG E\ WKH VLWH FRQWUDFWRU V  DQGRU HQJLQHHU V  WR DVVLVW ZLWK SODQQLQJ IRU DQG DFFRPSOLVKLQJ WKH RYHUDOO SRZHU VROXWLRQ LQVWDOODWLRQ 3OHDVH IRUZDUGWKLVGRFXPHQWWRWKHDSSURSULDWHSHUVRQQHODVQHFHVVDU\ ,W LV WKH REOLJDWLRQ RI WKH HOHFWULFDO FRQWUDFWRU DQG UHYLHZLQJ HQJLQHHU WR GHWHUPLQH WKDW WKH LWHP TXDQWLWLHV DQG DFFXUDF\ RI WKLV VXEPLWWDO LV FRUUHFW DV UHTXLUHG IRU WKH MRE $Q\ LQDFFXUDFLHV RU GHYLDWLRQV PXVW EH DGGUHVVHG ZLWK &XPPLQV ,QF EHIRUH UHOHDVH WR PDQXIDFWXULQJ $Q\ UHOHDVHV RI PDWHULDO WR PDQXIDFWXULQJE\WKHDERYHSDUWLHVFRQVWLWXWHDQDFFHSWDQFHRIWKHDFFXUDF\RI WKH VXEPLWWDO $Q\ FKDQJHV DIWHU UHOHDVH ZLOO EH YLHZHG DV D FKDQJH RUGHU VXEMHFW WR SULFLQJ FKDQJHV 3OHDVH WDNH WKH WLPH WR UHYLHZ WKLV SDFNDJH IRU DFFXUDF\ WR SUHYHQW DQ\ DIWHUVKLSPHQW SUREOHPV WKDW FRXOG FDXVH GHOD\ LQHQHUJL]DWLRQ &XPPLQV FHUWLILHV WKDW WKHVH GUDZLQJV PDWHULDO OLVWV VSHFLILFDWLRQ DQG GDWDVKHHWVKDYHEHHQFKHFNHGSULRUWRVXEPLWWDODQGWKH\  DFFXUDWHO\GHSLFWWKHSURSRVHGHTXLSPHQW  SURYLGHFXUUHQWLQIRUPDWLRQWRWKHGDWHRIWKHVXEPLWWDODQG  SUHVHQWWUXHDQGDFFXUDWHHTXLSPHQWLQIRUPDWLRQ 7KLV$SSURYDO'UDZLQJ3DFNDJHLVVXEPLWWHGDVRXULQWHUSUHWDWLRQRIWKHSURMHFW UHTXLUHPHQWV DQGRU WKH VSHFLILFDWLRQV IRU WKLV MRE 3OHDVH QRWH WKDW LVVXDQFH RIWKHVH VXEPLWWDOV VKDOO QRW EH GHHPHG RU LQWHUSUHWHG DV SHUIRUPDQFH QRUDFFHSWDQFHRI\RXUSXUFKDVHRUGHUWHUPVDQGFRQGLWLRQV )RUTXHVWLRQVRUFRPPHQWVUHJDUGLQJWKLVVXEPLWWDOSOHDVHFRQWDFWWKH &XPPLQV3URMHFW0DQDJHUOLVWHGRQWKHWLWOHSDJH Required: 1. The required fuel pressure and volume must be available under all operating conditions at the generator set gas inlet (see Location A on Figure 1 for measurement point). 2. The generator must have a dedicated pipe run from the meter, not teed off from other equipment supply pipes. 3. Braided flex piping and dry gas filters are required elements of the piping design, but if improperly sized can be highly restrictive to flow. These components and other restrictive portions of the piping system (valves, elbows, etc.) can, and often should be sized larger than the genset fuel connection. Recommended: 1. Long pipe runs increase pressure drop, so shorter is better. Elbows & valves increase restriction to flow, piping should be designed with as few of these as possible. 2. It is important to have the final pressure regulator as close to the generator inlet as practical. This allows for higher pressure in the line, as well as helps keep a steady draw on the line during operation. Figure 1. Typical site design ϳϬͲEϲ GAS SUPPLY DESIGN BEST PRACTICES All gas supply piping must be designed by the appropriate engineer and installed by a qualified contractor. Refer to NFPA 54 for gas pipe sizing information and any related local jurisdiction documents for code compliance on fuel piping installation. Gas Fuel supply requirements for this generator set: Fuel source: NG PV Fuel consumption at 100% load: SCFH Required Operating fuel pressure: in H2O *Pressure is measured at the engine inlet solenoid, after the final regulator* Please note: The pressure listed is not a static pressure. If the above pressure is not maintained while the generator set is operating up to full load, the system will not function as required and the fuel delivery system will need to be corrected to provide operating pressure as listed. All generators must be installed with a flexible fuel line and fuel strainer prior to the engine connection (installation by others): Provided by Cummins Provided by others Flexible fuel line: Fuel strainer: Pressure regulator: **If provided by Cummins, see drawings in submittal for flex line and strainer sizing** Contact your Cummins representative for technical assistance. Natural Gas (NG) or Propane Vapor (PV) 970.0 390.0 6.0 - 13.0 ✔ Alternator Data Sheet AUX Input/Output Module Specification Sheet(101) Enclosure, Kit(Arrow) AUX Input/Output Module Specification Sheet(102) N.G. Fuel Accessories Specification Sheet Circuit Breaker Specification Sheets Cooling System Data Sheet IBC Seismic Certificate of Compliance Spec. Sheet Section 3 - GENERATOR ACCESSORIES Battery Charger Specification Sheet PowerCommand Control (PCC) Specification Sheet Exhaust Emission Data Sheet Exhaust Emission Compliance Statement Section 4 - GENERATOR DRAWINGS Prototype Test Summary Report Generator Outline Drawing Foundation Outline Drawing Battery and Accessories Specification Sheet Sound Data Sheet Enclosure Outline Drawing TABLE OF CONTENTS Section 1 - PROJECT INFORMATION Project Bill of Material Generator Data Sheet Gas Supply Requirements Specification Sheet Section 2 - GENERATOR SPEC SHEETS Generator Specification Sheet Generator Options Outline Drawing AC Interconnection Wiring Diagram IBC Seismic Installation Requirements DC Interconnection Wiring Diagram Circuit Breaker Outline Drawing AmpSentry Overcurrent Protection Sales andService PC.40 Transfer Switch Control Specification Sheet Section 5 - ATS SPEC SHEETS & DRAWINGS ATS IBC Seismic Certificate of Compliance Spec. Sheet ATS Specification Sheet Section 6 - STARTUP & WARRANTY ATS Outline Drawing ATS Wiring Diagram Generator Warranty Statement Transfer Switch Warranty Statement Pre-Start up checklist 6(&7,21 352-(&7,1)250$7,21 Bill of Material Feature Code Description Qty Generator C70N6 C70N6, 70kW, 60Hz, Standby, Natural Gas/Propane Genset 1 Install-US-Stat U.S. EPA, Stationary Emergency Application C70 N6 C70N6, 70kW, 60Hz, Standby, Natural Gas/Propane Genset A331-2 Duty Rating - Standby Power (ESP) L155-2 Emissions Certification - SI, EPA, Emergency, Stationary, 40CFR60 L090-2 Listing - UL 2200 L193-2 NFPA 110 Type 10 Level 1 Capable B184-2 Exciter/Regulator - Permanent Magnet Generator, 3 Phase Sensor R002-2 Voltage - 277/480, 3 Phase, Wye, 4 Wire BB95-2 Alternator - 60Hz, 12L, 480/277V, 105C, 40C Ambient, Increased Motor Starting (IMS) F217-2 Aluminum Sound Attenuated Level 2 Enclosure, with Exhaust System P178-2 Enclosure Color - Sandstone, Aluminum F252-2 Enclosure - Wind Load 180 MPH, ASCE7-10 F253-2 Larger Battery Rack F179-2 Skidbase - Housing Ready H609-2 Control Mounting - Left Facing H703-2 PowerCommand 2.3 Controller H012-2 Gauge - Oil Pressure H606-2 Analog Meters - AC Output H720-2 AmpSentryTM UL Listed Protective Relay K796-2 Stop Switch - Emergency KS52-2 Relays - Auxiliary, Qty 2, 25A - 15V DC/10A - 30V DC KS53-2 Signals - Auxiliary, 8 Inputs/8 Outputs H536-2 Control Display Language - English KV03-2 Load Connection - Single KV41-2 Circuit Breaker, Location A, 125A, 3P, 600 Volts AC, 80%, UL 28500 Circuit Breaker or Terminal Box (Position B) - None 31600 Circuit Breaker or Terminal Box (Position C) - None A366-2 Engine Governor - Electronic, Isochronous C065-2 Fuel System - Natural Gas/LPV, Auto Changeover A422-2 Engine Starter - 12 Volt DC Motor D041-2 Engine Air Cleaner - Normal Duty A333-2 Battery Charging Alternator BB89-2 Battery Charger - 6 Amp, Regulated E125-2 Engine Cooling - Radiator, High Ambient Air Temperature, Ship Fitted H389-2 Shutdown - Low Coolant Level E089-2 Extension - Coolant Drain H669-2 Engine Coolant - 50% Antifreeze, 50% Water Mixture E154-2 Coolant Heater, Extreme Cold Ambient H487-2 Engine Oil Heater - 120 Volts AC, Single Phase H706-2 Engine Oil L026-2 Cummins Certified Test Record L028-2 Genset Warranty - 2 Years Base L050-2 Literature - English A322-2 Packing - Skid, Poly Bag H268-2 Extension - Oil Drain L259-2 Sandstone Sound Level 2 Intake Baffle - Ship Loose A052M016-FRD Enclosure Installation Kit (Arrow) Generator Battery Batteries (2) Group 34 1 Generator A054X752 Battery Heater Kit 1 Generator 0541-0772 Aux 102 Control Kit-Digital Inlet/Outlet Module Expansion, PC Network 1 Generator Service - start up & testing System start up & testing 1 Generator Freight & other charges Delivery to site. Off-loading not included. 1 Service Entrance Rated ATS OTECSEA OTECSEA, OTEC Service Entrance Transfer Switch-Electronic Control: 40A/70A/125A 1 OTECSE125 OTECSE125, Service Entrance TransferSwitch, PowerCommand, 125 Amp S043-7 Listing - UL 1008 A035-7 Application - Utility to Genset B002-7 Cabinet - Type 3R A028-7 Poles - 3 (Solid Neutral) A044-7 Frequency - 60 Hz A042-7 System - 3 Phase, 3 or 4 Wire R026-7 Voltage - 480 Volts AC M079-7 Integral Control Power Supply M033-7 Genset Starting Battery - 12V DC C110-7 PC40 Control L202-7 Aux Relay - Emergency Position - 12 Volts DC L203-7 Aux Relay - Normal Position - 12 Volts DC M081-7 Interface - Communications Network, MODBUS RTU Module G004-7 Transfer Switch Warranty - 2 Year Comprehensive L216-7 Auxiliary Contact Module-8 6(&7,21 *(1(5$725 63(&,),&$7,216 power.cummins.com ©2018 Cummins Inc. | NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 6SHFLILFDWLRQVKHHW Spark-ignited generator set 45–100 kW Standby EPA emissions Description Cummins® generator sets are fully integrated power generation systems providing optimum performance, reliability and versatility for stationary Standby applications. Cooling system - Standard cooling package provides reliable running at up to 50 °C (122 °F) ambient temperature. Enclosures - The aesthetically appealing enclosure incorporates special designs that deliver one of the quietest generators of its kind. Aluminium material plus durable powder coat paint provides the best anti-corrosion performance. The generator set enclosure has been evaluated to withstand 180 MPH wind loads in accordance with ASCE7 -10. The design has hinged doors to provide easy access for service and maintenance. NFPA - The generator set accepts full rated load in a single step in accordance with NFPA 110 for Level 1 systems. Warranty and service - Backed by a comprehensive warranty and worldwide distributor network. Features Gas engine - Rugged 4-cycle Cummins QSJ5.9G spark-ignited engine delivers reliable power. The electronic air/fuel ratio control provides optimum engine performance and fast response to load changes. Alternator - Several alternator sizes offer selectable motor starting capability with low reactance 2/3 pitch windings, low waveform distortion with non-linear loads and fault clearing short-circuit capability. Control system - The PowerCommand® 1.1 electronic control is standard equipment and provides total generator set system integration including automatic remote starting/stopping, precise frequency and voltage regulation, alarm and status message display, output metering, auto-shutdown at fault detection and NFPA 110 Level 1 compliance. The PowerCommand 2.3 control is also optional and is UL 508 Listed and provides AmpSentryTM protection. Natural gas Propane Data sheets Standby Standby Model kW kVA kW kVA C45 N6 45 56 45 56 NAD-6093-EN C50 N6 50 63 50 63 NAD-6094-EN C60 N6 60 75 60 75 NAD-6095-EN C70 N6 70 88 70 88 NAD-6096-EN C80 N6 80 100 80 100 NAD-6097-EN C100 N6 100 125 100 125 NAD-6098-EN 45–100 kW Standby Features C70 N6 Natural gas Propane 70 88 70 88 power.cummins.com ©2018 Cummins Inc. | NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Generator set specifications Governor regulation class ISO8528 Part 1 Class G3 Voltage regulation, no load to full load ± 1.0% Random voltage variation ± 1.0% Frequency regulation Isochronous Random frequency variation ± 0.25% @ 60 Hz Radio frequency emissions compliance Meets requirements of most industrial and commercial applications Engine specifications Design Naturally aspirated or turbocharged (varies by generator set model) Bore 102.1 mm (4.02 in.) Stroke 119.9 mm (4.72 in.) Displacement 5.9 liters (359 in3) Cylinder block Cast iron, in-line 6 cylinder Battery capacity 850 amps at ambient temperature of 0 °F to 32 °F (-18 °C to 0 °C) Battery charging alternator 52 amps Starting voltage 12 volt, negative ground Lube oil filter type(s) Spin-on with relief valve Standard cooling system 50 °C (122 °F) ambient cooling system Rated speed 1800 rpm Alternator specifications Design Brushless, 4 pole, drip proof, revolving field Stator 2/3 pitch Rotor Direct coupled, flexible disc Insulation system Class H per NEMA MG1-1.65 Standard temperature rise 120 ºC (248 °F) Standby Exciter type Torque match (shunt) with PMG as option Alternator cooling Direct drive centrifugal blower AC waveform Total Harmonic Distortion (THDV) < 5% no load to full linear load, < 3% for any single harmonic Telephone Influence Factor (TIF) < 50 per NEMA MG1-22.43 Telephone Harmonic Factor (THF) < 3% Available voltages 1-phase 3-phase • 120/240 • 120/208 • 120/240 • 277/480 • 347/600 • 127/220 Generator set options Fuel system • Single fuel - natural gas or propane vapor, field selectable • Dual fuel – natural gas and propane vapor auto changeover • Low fuel gas pressure warning Engine • Engine air cleaner • Shut down – low oil pressure • Extension – oil drain • Engine oil heater Alternator • 120 °C temperature rise alternator • 105 °C temperature rise alternator • PMG • Alternator heater, 120 V • Reconnectable full 1 phase output alternator Control • AC output analog meters • Stop switch – emergency • Auxiliary output relays (2) • Auxiliary configurable signal inputs (8) and relay outputs (8) Electrical • One, two or three circuit breaker configurations • 80% rated circuit breakers • 100% rated LSI circuit breakers • Battery charger Enclosure • Sound Level 1 or Level 2 enclosure, sandstone or green color • Weather protective enclosure with muffler installed, green color •Winter protective enclosure, green color Cooling system • Shutdown – low coolant level • Warning – low coolant level • Extension – coolant drain • Coolant heater options: - <4 °C (40 °F) – cold weather - <-17 °C (0 °F) – extreme cold Exhaust system • Exhaust connector NPT • Exhaust muffler mounted Generator set application • Base barrier – elevated genset • Battery rack, standard battery • Battery rack, larger battery • Radiator outlet duct adapter Warranty • Base warranty – 2 year/1000 hours, Standby • 3 year Standby warranty options • 5 year Standby warranty options Frequency regulation Isochronous Exciter type PMG 3-phase 277/480 Dual fuel – natural gas and propane vapor auto changeover Shutdown – low coolant level Extension – coolant drain Coolant heater options <-17 °C (0 °F) – extreme cold Exhaust muffler mounted Battery rack, larger battery Base warranty – 2 year/1000 hours, Standby Level 2 enclosure sandstone Battery charger 80% rated circuit breakers One,circuit breaker configurations Auxiliary configurable signal inputs (8) and relay outputs (8) Auxiliary output relays (2) Stop switch – emergency AC output analog meters PMG 105 °C temperature rise alternator Engine oil heater Extension – oil drain Engine air cleaner power.cummins.com ©2018 Cummins Inc. | NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Generator set accessories • Coolant heaters – 1000 W/1500 W • Battery rack, standard/larger battery • Battery heater kit • Engine oil heater • Remote control displays • Auxiliary output relays (2) • Auxiliary configurable signal inputs (8) and relay outputs (8) • Annunciator – RS485 • Remote monitoring device – PowerCommand 500/550 • Battery charger – stand-alone, 12 V • Circuit breakers • Enclosure Sound Level 1 to Sound Level 2 upgrade kit • Base barrier – elevated generator set • Mufflers – industrial, residential or critical • Alternator PMG • Alternator heater Control system PowerCommand 1.1 • Low coolant temperature warning • High, low and weak battery voltage warning • Fail to start (overcrank) shutdown • Fail to crank shutdown • Redundant start disconnect • Cranking lockout • Sensor failure indication • Low fuel level warning or shutdown Alternator data • Line-to-Line and Line-to-neutral AC volts • 3-phase AC current • Frequency • Total kVa Engine data • DC voltage • Lube oil pressure • Coolant temperature • Engine speed Other data • Generator set model data • Start attempts, starts, running hours • Fault history • RS485 Modbus® interface • Data logging and fault simulation (requires InPower service tool) Digital governing (optional) • Integrated digital electronic isochronous governor • Temperature dynamic governing Digital voltage regulation • Integrated digital electronic voltage regulator • 2-phase Line-to-Line sensing • Configurable torque matching Control functions • Time delay start and cooldown • Cycle cranking • PCCNet interface • (2) Configurable inputs • (2) Configurable outputs • Remote emergency stop • Automatic Transfer Switch (ATS) control • Generator set exercise, field adjustable PowerCommand control is an integrated generator set control system providing voltage regulation, engine protection, operator interface and isochronous governing (optional). Major features include: • Battery monitoring and testing features and smart starting control system. • Standard PCCNet interface to devices such as remote annunciator for NFPA 110 applications. • Control boards potted for environmental protection. • Control suitable for operation in ambient temperatures from -40 °C to +70 °C (-40 °F to +158 °F) and altitudes to 5000 meters (13,000 feet). • Prototype tested; UL, CSA, and CE compliant. • InPower™ PC-based service tool available for detailed diagnostics. Operator/display panel • Manual off switch • Alpha-numeric display with pushbutton access for viewing engine and alternator data and providing setup, controls and adjustments (English or international symbols) • LED lamps indicating generator set running, not in auto, common warning, common shutdown, manual run mode and remote start • Suitable for operation in ambient temperatures from -40 °C to +70 °C • Bargraph display (optional) AC protection • Over current warning and shutdown • Over and under voltage shutdown • Over and under frequency shutdown • Over excitation (loss of sensing) fault • Field overload Engine protection • Overspeed shutdown • Low oil pressure warning and shutdown • High coolant temperature warning and shutdown • Low coolant level warning or shutdown Coolant heaters /1500 W Battery rack /larger battery Engine oil heater Battery heater kit Auxiliary output relays (2) Auxiliary configurable signal inputs (8) and relay outputs (8) Battery charger Circuit breakers Alternator PMG power.cummins.com ©2018 Cummins Inc. | NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Options • Auxiliary output relays (2) • Remote annunciator with (3) configurable inputs and (4) configurable outputs • PMG alternator excitation • PowerCommand 500/550 for remote monitoring and alarm notification (accessory) • Auxiliary, configurable signal inputs (8) and configurable relay outputs (8) • Digital governing • AC output analog meters (bargraph) - Color-coded graphical display of: - 3-phase AC voltage - 3-phase current - Frequency - kVa • Remote operator panel • PowerCommand 2.3 control with AmpSentry protection Ratings definitions Emergency Standby Power (ESP): Applicable for supplying power to varying electrical load for the duration of power interruption of a reliable utility source. Emergency Standby Power (ESP) is in accordance with ISO 8528. Fuel Stop power in accordance with ISO 3046, AS 2789, DIN 6271 and BS 5514. Limited-Time Running Power (LTP): Applicable for supplying power to a constant electrical load for limited hours. Limited Time Running Power (LTP) is in accordance with ISO 8528. Prime Power (PRP): Applicable for supplying power to varying electrical load for unlimited hours. Prime Power (PRP) is in accordance with ISO 8528. Ten percent overload capability is available in accordance with ISO 3046, AS 2789, DIN 6271 and BS 5514. Base Load (Continuous) Power (COP): Applicable for supplying power continuously to a constant electrical load for unlimited hours. Continuous Power (COP) in accordance with ISO 8528, ISO 3046, AS 2789, DIN 6271 and BS 5514. This outline drawing is for reference only. See respective model data sheet for specific model outline drawing number. Do not use for installation design PowerCommand 2.3 control with AmpSentry protection Emergency Standby Power (ESP): power.cummins.com ©2018 Cummins Inc. | NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Model Dim “A” mm (in.) Dim “B” mm (in.) Dim “C” mm (in.) Set weight*wet kg (lbs.) Open set C45 N6 2489 (98) 1016 (40) 1473 (58) 989 (2180) C50 N6 2489 (98) 1016 (40) 1473 (58) 989 (2180) C60 N6 2489 (98) 1016 (40) 1473 (58) 1103 (2431) C70 N6 2489 (98) 1016 (40) 1473 (58) 1111 (2449) C80 N6 2489 (98) 1016 (40) 1473 (58) 1173 (2587) C100 N6 2489 (98) 1016 (40) 1473 (58) 1233 (2719) Weather protective enclosure C45 N6 2489 (98) 1016 (40) 1473 (58) 1070 (2359) C50 N6 2489 (98) 1016 (40) 1473 (58) 1070 (2359) C60 N6 2489 (98) 1016 (40) 1473 (58) 1184 (2610) C70 N6 2489 (98) 1016 (40) 1473 (58) 1192 (2628) C80 N6 2489 (98) 1016 (40) 1473 (58) 1255 (2766) C100 N6 2489 (98) 1016 (40) 1473 (58) 1315 (2898) Sound attenuated enclosure Level 1 C45 N6 3023 (119) 1016 (40) 1473 (58) 1114 (2455) C50 N6 3023 (119) 1016 (40) 1473 (58) 1114 (2455) C60 N6 3023 (119) 1016 (40) 1473 (58) 1227 (2706) C70 N6 3023 (119) 1016 (40) 1473 (58) 1236 (2724) C80 N6 3023 (119) 1016 (40) 1473 (58) 1298 (2862) C100 N6 3023 (119) 1016 (40) 1473 (58) 1358 (2994) Sound attenuated enclosure Level 2 C45 N6 3454 (136) 1016 (40) 1473 (58) 1127 (2485) C50 N6 3454 (136) 1016 (40) 1473 (58) 1127 (2485) C60 N6 3454 (136) 1016 (40) 1473 (58) 1241 (2736) C70 N6 3454 (136) 1016 (40) 1473 (58) 1249 (2754) C80 N6 3454 (136) 1016 (40) 1473 (58) 1312 (2892) C100 N6 3454 (136) 1016 (40) 1473 (58) 1372 (3024) Winter protective enclosure C45 N6 3701 (146) 1016 (40) 1473 (58) 1152 (2535) C50 N6 3701 (146) 1016 (40) 1473 (58) 1152 (2535) C60 N6 3701 (146) 1016 (40) 1473 (58) 1266 (2786) C70 N6 3701 (146) 1016 (40) 1473 (58) 1275 (2804) C80 N6 3701 (146) 1016 (40) 1473 (58) 1337 (2942) C100 N6 3701 (146) 1016 (40) 1473 (58) 1397 (3074) * Weights above are average. Actual weight varies with product configuration. Refer to drawings for specific weights and dimensions For more information contact your local Cummins distributor or visit power.cummins.com ©2018 Cummins Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. NAS-6092-EN - 06DEC2019.DOCX (12/19) A054P028 Codes and standards Codes or standards compliance may not be available with all model configurations – consult factory for availability. The Prototype Test Support (PTS) program verifies the performance integrity of the generator set design. Cummins products bearing the PTS symbol meet the prototype test requirements of NFPA 110 for Level 1 systems. The generator set is available Listed to UL 2200, Stationary Engine Generator Assemblies. International Building Code The generator set is certified to International Building Code (IBC) 2012. All low voltage models are CSA certified to product class 4215-01. This generator set is designed in facilities certified to ISO 9001 and manufactured in facilities certified to ISO 9001 or ISO 9002. U.S. EPA Engine certified to U.S. EPA SI Stationary Emission Regulation 40 CFR, Part 60. Warning: Back feed to a utility system can cause electrocution and/or property damage. Do not connect to any building’s electrical system except through an approved device or after building main switch is open. power.cummins.com ©2018 Cummins Inc. | NAD-6096-EN-1.DOCX (12/18) *HQHUDWRUVHWGDWDVKHHW Model: C70 N6 Frequency: 60 Hz Fuel type: Natural gas/propane kW rating: 70 natural gas Standby 70 propane Standby Emissions level: EPA Emissions Fuel consumption Natural gas Standby Propane Standby kW (kVA) kW (kVA) Ratings 70 (88) 70 (88) Load 1/4 1/2 3/4 Full 1/4 1/2 3/4 Full scfh 406.4 596.7 796.0 970.0 168.8 245.7 311.1 390.0 m3/hr 11.51 16.9 22.54 27.47 4.78 6.98 8.81 11.04 Engine Natural gas Standby rating Propane Standby rating Engine model QSJ5.9G-G3 Configuration Cast iron, in-line 6 cylinder Aspiration Turbocharged and after-cooled Gross engine power output, kWm (bhp) 121.3 (162.7) Bore, mm (in.) 102.1 (4.02) Stroke, mm (in.) 119.9 (4.72) Rated speed, rpm 1800 Compression ratio 8.5:1 Lube oil capacity, L (qt.) 14.2 (15) Overspeed limit, rpm 2250 Fuel supply pressure Minimum operating pressure, kPa (in H2O) 1.5 (6.0) Maximum operating pressure, kPa (in H2O) 3.2 (13.0) Air Natural gas Standby rating Propane Standby rating Combustion air, m3/min (scfm) 6.9 (244.6) 6.9 (245.3) Maximum normal duty air cleaner restriction, kPa (in H2O) 0.4 (1.5) 0.4 (1.5) Maximum heavy duty air cleaner restriction, kPa (in H2O) 3.7 (15) 3.7 (15) C70 N6 Natural gas/propane Load scfh Full Full 390.0970.0 Natural gas Propane in H2O (in H2O 6.0) 13.0) power.cummins.com ©2018 Cummins Inc. | NAD-6096-EN-1.DOCX (12/18) Exhaust Natural gas Standby rating Propane Standby rating Exhaust flow at rated load, m3/min (cfm) 21.2 (749.9) 19.6 (690.8) Exhaust temperature, °C (°F) 635.2 (1175.3) 645.6 (1194.1) Exhaust maximum back pressure, kPa (in H2O) 7 (28.1) 7 (28.1) Standard set-mounted radiator cooling1 Ambient design, °C (°F) 50 (122) Fan load, kW (HP) 9 (12) Coolant capacity (with radiator), L (US gal) 16 (4.2) Cooling system air flow, m3/min (scfm) 218.0 (7700) Maximum cooling air flow static restriction, kPa (in H2O) 0.12 (0.5) Weights2 Unit dry weight kgs (lbs) 1153 (2542) Unit wet weight kgs (lbs) 1192 (2628) Notes: 1 For non-standard remote installations contact your local Cummins representative. 2 Weights represent a set with standard features. See outline drawing for weights of other configurations. Alternator data Standard alternators Natural gas/propane single phase table Natural gas/propane three phase table Full single phase output, reconnectable Maximum temperature rise above 40 °C ambient 120 °C 120 °C 120 °C 120 °C 120 °C 120 °C 120 °C Feature code BB90-2 B986-2 B946-2 B943-2 B952-2 BB86-2 BB88-2 Alternator data sheet number ADS-205 ADS-205 ADS-205 ADS-204 ADS-204 ADS-204 ADS-207 Voltage ranges 120/240 120/240 120/208 277/480 347/600 127/220 120 - 480 Voltage feature code R104-2 R106-2 R098-2 R002-2 R114-2 R020-2 Varies by voltage Surge kW 99.5 102.8 102.8 102.8 102.8 102.2 Varies by voltage Motor starting kVA (at 90% sustained voltage) Shunt 260 260 260 231 231 231 360 PMG 306 306 306 272 272 272 423 Full load current amps at Standby rating 292 211 243 105 84 230 Varies by voltage Refer to drawings for specific weights and dimensions For more information contact your local Cummins distributor or visit power.cummins.com ©2018 Cummins Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. NAD-6096-EN-1.DOCX (12/18) Alternator data (continued) Optional alternators for improved starting capability Natural gas/propane single phase table Natural gas/propane three phase table Full single phase output, reconnectable Maximum temperature rise above 40 °C ambient 105 °C 105 °C 105 °C 105 °C 105 °C 105 °C 105 °C Feature code BB91-2 BB94-2 BB93-2 BB95-2 BB92-2 BB85-2 BB87-2 Alternator data sheet number ADS-206 ADS-205 ADS-205 ADS-205 ADS-205 ADS-205 ADS-207 Voltage ranges 120/240 120/240 120/208 277/480 347/600 127/220 120 - 480 Voltage feature code R104-2 R106-2 R098-2 R002-2 R114-2 R020-2 Varies by voltage Surge kW 97.7 102.8 102.8 103.6 103.6 103.6 Varies by voltage Motor starting kVA (at 90% sustained voltage) Shunt 313 260 260 260 260 260 360 PMG 368 306 306 306 306 306 423 Full load current amps at Standby rating 292 211 243 105 84 230 Varies by voltage Derating factors Natural gas/propane Standby Engine power available up to 2591 m (8500 ft.) at ambient temperatures up to 40 °C (104 °F). Above these elevations derate at 4% per 305 m (1000 ft.) and 2% per 10 °C above 40 °C (104 °F). Ratings definitions Emergency Standby Power (ESP): Limited-Time Running Power (LTP): Prime Power (PRP): Base Load (Continuous) Power (COP): Applicable for supplying power to varying electrical load for the duration of power interruption of a reliable utility source. Emergency Standby Power (ESP) is in accordance with ISO 8528. Fuel Stop power in accordance with ISO 3046, AS 2789, DIN 6271 and BS 5514. Applicable for supplying power to a constant electrical load for limited hours. Limited-Time Running Power (LTP) is in accordance with ISO 8528. Applicable for supplying power to varying electrical load for unlimited hours. Prime Power (PRP) is in accordance with ISO 8528. Ten percent overload capability is available in accordance with ISO 3046, AS 2789, DIN 6271 and BS 5514. Applicable for supplying power continuously to a constant electrical load for unlimited hours. Continuous Power (COP) is in accordance with ISO 8528, ISO 3046, AS 2789, DIN 6271 and BS 5514. Formulas for calculating full load currents: Three phase output Single phase output kW x 1000 kW x Single Phase Factor x 1000 Voltage x 1.73 x 0.8 Voltage Warning: Back feed to a utility system can cause electrocution and/or property damage. Do not connect to any building’s electrical system except through an approved device or after building main switch is open. Natural gas/propane three phase table 105 °C BB95-2 ADS-205 277/480 R002-2 103.6 PMG 306 105 Natural gas/propane Standby Emergency Standby Power (ESP): power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) Specification Sheet PowerCommand® 2.3 Control System Control System Description Features The PowerCommand control system is a microprocessor-based generator set monitoring, metering and control system designed to meet the demands of today’s engine driven generator sets. The integration of all control functions into a single control system provides enhanced reliability and performance, compared to conventional generator set control systems. These control systems have been designed and tested to meet the harsh environment in which gensets are typically applied. x 320 x 240 pixels graphic LED backlight LCD. x Multiple language support. x AmpSentry™ protective relay - true alternator overcurrent protection. x Real time clock for fault and event time stamping. x Exerciser clock and time of day start/stop. x Digital voltage regulation. Three phase full wave FET type regulator compatible with either shunt or PMG systems. x Generator set monitoring and protection. x 12 and 24 VDC battery operation. x Modbus®interface for interconnecting to customer equipment. x Warranty and service. Backed by a comprehensive warranty and worldwide distributor service network. x Certifications - suitable for use on generator sets that are designed, manufactured, tested and certified to relevant UL, NFPA, ISO, IEC, Mil Std., CE, UKCA and CSA standards. ®PowerCommand 2.3 Control System power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) PowerCommand Digital Genset Control PCC 2300 Description The PowerCommand generator set control is suitable for use on a wide range of generator sets in non-paralleling applications. The PowerCommand control is compatible with shunt or PMG excitation style. It is suitable for use with reconnectable or non-reconnectable generators, and it can be configured for any frequency, voltage and po wer connection from 120-600 VAC Line-to-Line. Power for this control system is derived from the generator set starting batteries. The control functions over a voltage range from 8 VDC to 30 VDC. Features x 12 and 24 VDC battery operation. x Digital voltage regulation - Three phase full wave FET type regulator compatible with either shunt or PMG systems. Sensing is three phase. x Full authority engine communications (where applicable) - Provides communication and control with the Engine x due to thermal Control Module (ECM). x AmpSentry” protection provides industry-leading alternator overcurrent protection: - Time-based generator protection applicable to both line-to-line and line-to-neutral, that can detect an unbalanced fault condition and swiftly react appropriately. Balanced faults can also be detected by AmpSentry and appropriate acted upon. x Reduces the risk of Arc Flash overload or electrical faults by inverse time protection x Common harnessing - with higher feature Cummins controls. Allows for easy field upgrades. x Generator set monitoring -Monitors status of all critical engine and alternator functions. x Digital genset metering (AC and DC). x Genset battery monitoring system to sense and warn against a weak battery condition. x Configurable for single or three phase AC metering. x Engine starting - Includes relay drivers for starter, Fuel Shut Off (FSO), glow plug/spark ignition power and switch B+ applications. x Generator set protection –Protects engine and alternator. x Real time clock for fault and event time stamping. x Exerciser clock and time of day start/stop. x Advanced serviceability -using InPower™, a PC-based software service tool. x Environmental protection - The control system is designed for reliable operation in harsh environments. The main control board is a fully encapsulated module that is protected from the elements. x Modbus interface for interconnecting to customer equipment. x Configurable inputs and outputs -Four discrete inputs and four dry contact relay outputs. x Warranty and service - Backed by a comprehensive warranty and worldwide distributor service network. x Certifications -Suitable for use on generator sets that are designed, manufactured, tested and certified to relevant UL, NFPA, ISO, IEC, Mil Std., CE and CSA standards. Base Control Functions HMI Capability Operator adjustments - The HMI includes provisions for many set up and adjustment functions. Generator set hardware data - Access to the control and software part number, generator set rating in kVA and generator set model number is provided from the HMI or InPower. Data logs - Includes engine run time, controller on time, number of start attempts, total kWh, and load profile (control logs data indicating the operating hours at percent of rated kW load, in 5% increments. The data is presented on the operation panel based on total operating hours on the generator.) Fault history - Provides a record of the most recent fault conditions with control date and time stamp. Up to 32 events are stored in the control non-volatile memory. Alternator data -Voltage (single or three phase Line-to-Line and Line-to- Neutral) -Current (single or three phase) -kW, kVar, power factor, kVA (three phase and total) -Frequency AmpSentry:3x current regulation for downstream tripping/motor inrush management. Thermal damage curve (3-phase short) or fixed timer (2 sec for 1- Phase Short or 5 sec for 2-Phase short). Engine data -Starting battery voltage -Engine speed -Engine temperature -Engine oil pressure -Engine oil temperature -Intake manifold temperature -Comprehensive Full Authority Engine (FAE) data (where applicable) Service adjustments - The HMI includes provisions for adjustment and calibration of generator set control functions. Adjustments are protected by a password. Functions include: power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) Service adjustments (continued) -Engine speed governor adjustments -Voltage regulation adjustments -Cycle cranking -Configurable fault set up -Configurable output set up -Meter calibration -Display language and units of measurement Engine Control SAE-J1939 CAN interface to full authority ECMs (where applicable). Provides data swapping between genset and engine controller for control, metering and diagnostics. 12 VDC/24 VDC battery operations -PowerCommand will operate either on 12 VDC or 24 VDC batteries. Temperature dependent governing dynamics (with electronic governing) - modifies the engine governing control parameters as a function of engine temperature. This allows the engine to be more responsive when warm and more stable when operating at lower temperature levels. Isochronous governing -(where applicable) Capable of controlling engine speed within +/-0.25% for any steady state load from no load to full load. Frequency drift will not exceed +/-0.5% for a 33 °C (60 °F) change in ambient temperature over an 8 hour period. Droop electronic speed governing - Control can be adjusted to droop from 0 to 10% from no load to full load. Remote start mode - It accepts a ground signal from remote devices to automatically start the generator set and immediately accelerate to rated speed and voltage. The remote start signal will also wake up the control from sleep mode. The control can incorporate a time delay start and stop. Remote and local emergency stop -The control accepts a ground signal from a local (genset mounted) or remote (facility mounted) emergency stop switch to cause the generator set to immediately shut down. The generator set is prevented from running or cranking with the switch engaged. If in sleep mode, activation of either emergency stop switch will wakeup the control. Sleep mode - The control includes a configurable low current draw state to minimize starting battery current draw when the genset is not operating. The control can also be configured to go into a low current state while in auto for prime applications or applications without a battery charger. Engine starting -The control system supports automatic engine starting. Primary and backup start disconnects are achieved by one of two methods: magnetic pickup or main alternator output frequency. The control also supports configurable glow plug control when applicable. Cycle cranking -Is configurable for the number of starting cycles (1 to 7) and duration of crank and rest periods. Control includes starter protection algorithms to prevent the operator from specifying a starting sequence that might be damaging. Time delay start and stop (cooldown) - Configurable for time delay of 0-300 seconds prior to starting after receiving a remote start signal and for time delay of 0-600 seconds prior to shut down after signal to stop in normal operation modes. Default for both time delay periods is 0 seconds. Alternator Control The control includes an integrated three phase Line-to- Line sensing voltage regulation system that is compatible with shunt or PMG excitation systems. The voltage regulation system is a three phase full wave rectified and has an FET output for good motor starting capability. Major system features include: Digital output voltage regulation -Capable of regulating output voltage to within +/-1.0% for any loads between no load and full load. Voltage drift will not exceed +/-1.5% for a 40 ºC (104 ºF) change in temperature in an eight hour period. On engine starting or sudden load acceptance, voltage is controlled to a maximum of 5% overshoot over nominal level. The automatic voltage regulator feature can be disabled to allow the use of an external voltage regulator. Droop voltage regulation - Control can be adjusted to droop from 0-10% from no load to full load. Torque-matched V/Hz overload control - The voltage roll- off set point and rate of decay (i.e. the slope of the V/Hz curve) is adjustable in the control. Fault current regulation - PowerCommand will regulate the output current on any phase to a maximum of three times rated current under fault conditions for both single phase and three phase faults. In conjunction with a permanent magnet generator, it will provide three times rated current on all phases for motor starting and short circuit coordination purpose. Protective Functions On operation of a protective function the control will indicate a fault by illuminating the appropriate status LED on the HMI, as well as display the fault code and fault description on the LCD. The nature of the fault and time of occurrence are logged in the control. The service manual and InPower service tool provide service keys and procedures based on the service codes provided. Protective functions include: Battle Short Mode When enabled and the battle short switch is active, the control will allow some shutdown faults to be bypassed. If a bypassed shutdown fault occurs, the fault code and description will still be annunciated, but the genset will not shutdown. This will be followed by a fail to shutdown fault. Emergency stop shutdowns and others that are critical for proper operation are not bypassed. Please refer to the control application guide or manual for list of these faults. power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) Derate The derate function reduces output power of the genset in response to a fault condition. If a derate command occurs while operating on an isolated bus, the control will issue commands to reduce the load on the genset via contact closures or modbus. Configurable Alarm and Status Inputs The control accepts up to four alarm or status inputs (configurable contact closed to ground or open) to indicate a configurable (customer-specified) condition. The control is programmable for warning, shutdown or status indication and for labeling the input. Emergency Stop Annunciated whenever either emergency stop signal is received from external switch. Full Authority Electronic Engine Protection Engine fault detection is handled inside the engine ECM. Fault information is communicated via the SAE- J1939 data link for annunciation in the HMI. General Engine Protection Low and high battery voltage warning -Indicates status of battery charging system (failure) by continuously monitoring battery voltage. Weak battery warning -The control system will test the battery each time the generator set is signaled to start and indicate a warning if the battery indicates impending failure. Fail to start (overcrank) shutdown -The control system will indicate a fault if the generator set fails to start by the completion of the engine crack sequence. Fail to crank shutdown -Control has signaled starter to crank engine but engine does not rotate. Cranking lockout -The control will not allow the starter to attempt to engage or to crank the engine when the engine is rotating. Alternator Protection AmpSentry protective relay - A comprehensive monitoring and control system integral to the PowerCommand Control System that guards the electrical integrity of the alternator and power system by providing protection against a wide array of fault conditions in the generator set or in the load. It also provides single and three phase fault current regulation so that downstream protective devices have the maximum current available to quickly clear fault conditions without subjecting the alternator to potentially catastrophic failure conditions. Thermal damage curve (3-Phase short) or fixed timer (2 sec for 1-Phase short, 5 sec for 2-Phase short). See document R1053 for a full-size time over current curve. AmpSentry Maintenance Mode (AMM)-Instantaneous tripping, if AmpSentry Maintenance mode is active (50mS response to turn off AVR excitation/shutdown genset) for arc flash reduction when personnel are near genset. High AC voltage shutdown (59)- Output voltage on any phase exceeds preset values. Time to trip is inversely proportional to amount above threshold. Values adjustable from 105-125% of nominal voltage, with time delay adjustable from 0.1-10 seconds. Default value is 110% for 10 seconds. Low AC voltage shutdown (27)- Voltage on any phase has dropped below a preset value. Adjustable over a range of 50-95% of reference voltage, time delay 2-20 seconds. Default value is 85% for 10 seconds. Function tracks reference voltage. Control does not nuisance trip when voltage varies due to the control directing voltage to drop, such as during a V/Hz roll-off during synchronizing. Under frequency shutdown (81 u)-Generator set output frequency cannot be maintained. Settings are adjustable from 2-10 Hz below reference governor set point, for a 5-20 second time delay. Default: 6 Hz, 10 seconds. Under frequency protection is disabled when excitation is switched off, such as when engine is operating in idle speed mode. Over frequency shutdown/warning (81 o) -Generator set is operating at a potentially damaging frequency level. Settings are adjustable from 2-10 Hz above nominal governor set point for a 1-20 second time delay. Default: 6 Hz, 20 seconds, disabled. power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) Overcurrent warning/shutdown - Thresholds and time delays are configurable. Implementation of the thermal damage curve with instantaneous trip level calculated based on current transformer ratio and application power rating. Loss of sensing voltage shutdown - Shutdown of generator set will occur on loss of voltage sensing inputs to the control. Field overload shutdown - Monitors field voltage to shutdown generator set when a field overload condition occurs. Over load (kW) warning - Provides a warning indication when engine is operating at a load level over a set point. Adjustment range: 80-140% of application rated kW, 0-120 second delay. Defaults: 105%, 60 seconds. Reverse power shutdown (32)- Adjustment range: 5-20% of standby kW rating, delay 1-15 seconds. Default: 10%, 3 seconds. Reverse Var shutdown - Shutdown level is adjustable: 15-50% of rated Var output, delay 10-60 seconds. Default:20%, 10 seconds. Short circuit protection -Output current on any phase is more than 175% of rating and approaching the thermal damage point of the alternator. Control includes algorithms to protect alternator from repeated over current conditions over a short period of time. Field Control Interface Input signals to the PowerCommand control include: -Coolant level (where applicable) -Fuel level (where applicable) -Remote emergency stop -Remote fault reset -Remote start -Battleshort -Rupture basin -Start type signal -Configurable inputs - Control includes (4) input signals from customer discrete devices that are configurable for warning, shutdown or status indication, as well as message displayed Output signals from the PowerCommand control include: - Load dump signal: Operates when the generator set is in an overload condition. - Delayed off signal: Time delay based output which will continue to remain active after the control has removed the run command. Adjustment range: 0 –120 seconds. Default: 0 seconds. -Configurable relay outputs: Control includes (4) relay output contacts (3 A, 30 VDC). These outputs can be configured to activate on any control warning or shutdown fault as well as ready to load, not in auto, common alarm, common warning and common shutdown. -Ready to load (generator set running) signal: Operates when the generator set has reached 90% of rated speed and voltage and latches until generator set is switched to off or idle mode. Communications Connections Include: -PC tool interface: This RS-485 communication port allows the control to communicate with a personal computer running InPower software. -Modbus RS-485 port: Allows the control to communicate with external devices such as PLCs using Modbus protocol. Note - An RS-232 or USB to RS-485 converter is required for communication between PC and control. -Networking: This RS-485 communication port allows connection from the control to the other Cummins products. Mechanical Drawings power.cummins.com ©2019 Cummins Inc. | PDS-1569 | PD00000157 | (02/22) PowerCommand Human Machine Interface HMI320 Description This control system includes an intuitive operator interface panel that allows for complete genset control as well as system metering, fault annunciation, configuration and diagnostics. The interface includes five genset status LED lamps with both internationally accepted symbols and English text to comply with customer’s needs. The interface also includes an LED backlit LCD display with tactile feel soft-switches for easy operation and screen navigation. It is configurable for units of measurement and has adjustable screen contrast and brightness. The run/off/auto switch function is integrated into the interface panel. All data on the control can be viewed by scrolling through screens with the navigation keys. The control displays the current active fault and a time-ordered history of the five previous faults. Features x LED indicating lamps: -Genset running -Remote start -Not in auto -Shutdown -Warning -Auto -Manual and stop x 320 x 240 pixels graphic LED backlight LCD. x Four tactile feel membrane switches for LCD defined operation. The functions of these switches are defined dynamically on the LCD. x Seven tactile feel membrane switches dedicated screen navigation buttons for up, down, left, right, ok, home and cancel. x Six tactile feel membrane switches dedicated to control for auto, stop, manual, manual start, fault reset and lamp test/panel lamps. x Two tactile feel membrane switches dedicated to control of circuit breaker (where applicable). x Allows for complete genset control setup. x Certifications: Suitable for use on generator sets that are designed, manufactured, tested and certified to relevant UL, NFPA, ISO, IEC, Mil Std., CE and CSA standards. x LCD languages supported: English, Spanish, French, German, Italian, Greek, Dutch, Portuguese, Finnish, Norwegian, Danish, Russian and Chinese Characters. Communications connections include: x PC tool interface - This RS-485 communication port allows the HMI to communicate with a personal computer running InPower. x This RS-485 communication port allows the HMI to communicate with the main control board. Mechanical Drawing Software InPower (beyond 6.5 version) is a PC-based software service tool that is designed to directly communicate to PowerCommand generator sets and transfer switches, to facilitate service and monitoring of these products. Environment The control is designed for proper operation without recalibration in ambient temperatures from -40 ºC to +70º C (-40 ºF to 158 ºF) and for storage from -55 ºC to +80 ºC (-67 ºF to 176 ºF). Control will operate with humidity up to 95%, non-condensing. The HMI is designed for proper operation in ambient temperatures from -20 ºC to +70 ºC (-4 ºF to 158 ºF) and for storage from -30 ºC to +80 ºC (-22 ºF to 176 ºF). The control board is fully encapsulated to provide superior resistance to dust and moisture. Display panel has a single membrane surface, which is impervious to effects of dust, moisture, oil and exhaust fumes. This panel uses a sealed membrane to provide long reliable service life in harsh environments. The control system is specifically designed and tested for resistance to RFI/EMI and to resist effects of vibration to provide a long reliable life when mounted on a generator set. The control includes transient voltage surge suppression to provide compliance to referenced standards. For more information contact your local Cummins distributor or visit power.cummins.com ©2019 Cummins Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. PDS-1569 | PD00000157 | (02/22) Certifications PowerCommand meets or exceeds the requirements of the following codes and standards: -NFPA 110 for level 1 and 2 systems. -ISO 8528-4: 1993 compliance, controls and switchgear. -CE marking: The CE marking is only valid when equipment is used in a fixed installation application. Material compliance declaration is available upon request. - UKCA marking: The UKCA marking is only valid when equipment is used in a fixed installation application. Material compliance declaration is available upon request. -EN50081-1,2 residential/light industrial emissions or industrial emissions. -EN50082-1,2 residential/light industrial or industrial susceptibility. -ISO 7637-2, level 2; DC supply surge voltage test. - Mil Std 202C, Method 101 and ASTM B117: Salt fog test. -UL 6200 recognized and suitable for use on UL 2200 Listed generator sets. -CSA C282-M1999 compliance -CSA 22.2 No. 14 M91 industrial controls. - PowerCommand control systems and generator sets are designed and manufactured in ISO 9001 certified facilities. Warranty All components and subsystems are covered by an express limited one year warranty. Other optional and extended factory warranties and local distributor maintenance agreements are available. AmpSentry Protection AmpSentry Protection is a comprehensive power monitoring and control system integral to the PowerCommand Control that guards the electrical integrity of the alternator and power system from the effects of overcurrent, short circuit, over/under voltage, under frequency and overload. Current is regulated to 300% for both single phase and 3 phase faults when a short circuit condition is sensed. An overcurrent alarm will sound if the generator set is operating for an extended period at a potentially damaging current level, to warn the operator of an impending problem before it causes a system failure. If an overcurrent condition persists for the time pre-programmed in the time current characteristic for the alternator, the PMG excitation system is de-energized to avoid alternator damage. The overcurrent protection is time delayed in accordance with the alternator thermal capacity, allowing current to flow until secondary fuses or circuit breakers operate, isolating the fault and thus achieving selective coordination (discrimination). This enhances power service continuity by eliminating the need for a main line breaker mounted on the generator set, for generator set protection and the possibility of nuisance tripping of that breaker. After the fault is cleared, AmpSentry Protection softly loads the generator set by a controlled ramping of output voltage to rated level, allowing the generator set to resume normal operation without potentially damaging voltage overshoot. Fixed over/under voltage and under frequency time delayed set points also provide a degree of protection for load equipment. Over/under voltage conditions trigger a shutdown message on the digital display screen. Under frequency conditions prompt both a warning and shutdown message, depending on the length of time and magnitude of variance under rated frequency. AmpSentry Protection includes an overload signal that can be used in conjunction with Onan transfer switches to automatically shed load, preventing a potential generator set shutdown. The overload signal is programmable for operation at a specific kW level, on the basis of an under-frequency condition, or both. AmpSentry provides excellent, matched protection for the alternator, without the danger of nuisance tripping. The exact time current characteristics of AmpSentry are shown in the PowerCommand Control AmpSentry Time-Over-Current Characteristic Curve. Form Number R-1053. 1234510203040501001000500.1 .5 1 5 10 50 100 500 1000 110% OVERLOAD THRESHOLD (Amp Sentry Disabled Below 110% Rated Current) CURRENT IN MULTIPLES OF GENERATOR SET RATING ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ .1 .5 1 5 10 50 100 500 1000 1234510203040501001000500CURRENT IN MULTIPLES OF GENERATOR SET RATING ALTERNATOR THERMAL DAMAGE THRESHOLD Figure 5–19. PowerCommand® Control AmpSentry™ Time-Over-Current Characteristic Curve Plus Alternator Damage Curve. (Note: This curve is applicable to all Cummins PowerCommand Generator Sets.) Units equipped with the PowerCommand control with AmpSentry provide this protection. If a higher level of protection is desired, PowerCommand also provides the following inherent protections on all phases: •Short circuit •Over voltage •Under voltage •Loss of field •Reverse power 2024 EPA Exhaust Emission Compliance Statement C70 N6 Standby 60 Hz Spark Ignited Generator Set Cummins Inc.Data and specification subject to change without notice EPA-1303k (10/23) Compliance Information: The engine used in this generator set complies with U.S. EPA emissions regulations under the provisions of 40 CFR Part 60, Stationary Emergency Spark-Ignited emissions limits when tested per ISO 8178 D1. Engine Manufacturer:Cummins Inc. EPA Certificate Number:RCEXB05.9ALB-009 Effective Date:9/15/2023 Date Issued:9/15/2023 EPA Engine Family (Cummins Emissions Family):RCEXB05.9ALB Engine Information: Model:QSJ5.9G-G3 Bore:4.02 in. (102 mm) Engine Nameplate HP:113.6 Stroke:4.72 in. (120 mm) Type:4 Cycle, In-Line, 6 Cylinder Displacement:359.0 cu. in. (6 liters) Aspiration:Turbocharged and Aftercooled Compression Ratio:8.5:1 Emission Control Device:Electronic Air/Fuel Ratio Control and Closed-Loop Breather System Exhaust Stack Diameter:4.0 in (102 mm) U.S. Environmental Protection Agency Station Emergency SI Emission Limits Grams per BHP-hr Grams per kWm-hr Natural Gas NOx VOC CO NOx VOC CO EPA Emissions Limit 2.0 1.0 4.0 2.7 1.3 5.4 Grams per BHP-hr Grams per kWm-hr Propane (LP)NOx VOC CO NOx VOC CO EPA Emissions Limit 2.0 1.0 4.0 2.7 1.3 5.4 Tests conducted using alternate methods, instrumentation, fuel or reference conditions can yield different results. Engine operation with excessive air intake or exhaust restriction beyond published maximum limits, or with improper maintenance, may result in elevated emission levels. C70 N6 RCEXB05.9ALB-009 Natural Gas Propane (LP) Exhaust Emission Data Sheet C70 N6 60 Hz Spark Ignited Generator Set EPA Emissions Cummins Inc.Data and specification subject to change without notice EDS-1233d (08/19) Engine Information: Model:QSJ5.9G-G3 Bore:4.02 in. (102.1 mm) Type:4 cycle, in-line, 6 cylinder Stroke:4.72 in. (119.9 mm) Aspiration:Turbocharged and Aftercooled Displacement:359 cu. in. (5.9 liters) Compression Ratio:8.5:1 Emission Control Device:Electronic Air/Fuel Ratio & Closed- Loop Breather System Natural Gas Propane Performance Data Standby Standby BHP @ 1800 RPM (60 Hz)113.6 113.3 Fuel Consumption (SCFH)970.0 390.3 Exhaust Gas Flow (CFM)768.0 741.0 Exhaust Gas Temperature (°F)1226.0 1273.7 Air to Fuel Ratio 23.4 21.7 Exhaust Emission Data HC (Total Unburned Hydrocarbons)*0.85 0.48 NOx (Oxides of Nitrogen as NO2)1.17 1.71 CO (Carbon Monoxide)0.95 1.44 All values above are cited: g/BHP-hr HC (Total Unburned Hydrocarbons)*407 244 NOx (Oxides of Nitrogen as NO2)179 290 CO (Carbon Monoxide)225 361 All values above are cited: ppmv *HC includes NMHC, VOC, POC, and ROC constituents (Non-Methane HC, Volatile Organic Compounds, Precursor Organic Compounds and Reactive Organic Compounds. Test Conditions Data is representative of steady-state engine speed (± 25 RPM) with full load (±2%). Pressures, temperatures, and emission rates were stabilized. Fuel Specification:Natural Gas: Dry gas received from Supplier (1000 BTU/SCF) Propane: Meets the requirements for Commercial Grade Propane under the ASTM D1835 Standard Specification for Liquefied Gases. Fuel Temperature:60 ± 9 °F at flow transmitter Fuel Pressure:14.73 PSIA ± 0.5 PSIA at Flow Transmitter Intake Air Temperature:77 ± 9 °F at inlet Barometric Pressure:22.92 in Hg ± 1 in. Hg Humidity:NOx measurement corrected to 75 grains H2O/lb dry air The NOx, HC, CO and PM emission data tabulated here are representative of test data taken from a single engine under the test conditions shown above. These data are subjected to instrumentation and engine-to-engine variability. Field emission test data are not guaranteed to these levels. Actual field test results may vary due to test site conditions, installation, fuel specification, test procedur es and instrumentation. Engine operation with excessive air intake or exhaust restriction beyond published maximum limits, or with improper maintenance, may results in elevated emission levels. C70 N6 Natural Gas Propane Sound data C70 N6 60 Hz Cummins Inc. Data and specification subject to change without notice MSP-1253 (10/17) Sound pressure level @ 7 meters, dB(A) See notes 1-6 listed below Configuration Position (note 1)8 Position average12345678 Standard –unhoused Infinite exhaust 74.6 78.8 77.4 80.7 77.1 80.9 78.6 78.7 78.7 F216-2 weather protective enclosure, aluminium Mounted 76.7 80.8 79.3 82.8 79.7 82.4 79.6 79.8 80.5 F231-2 sound attenuated level 1 enclosure, aluminium Mounted 74.5 73.8 69.5 72.1 72 71.9 69.4 74.6 72.6 F217-2 sound attenuated level 2 enclosure, aluminium Mounted 70 71.2 68.6 70.6 70.6 70.5 67.5 71.4 70.2 Sound power level, dB(A) See notes 2-4, 7 and 8 listed below Configuration Octave band center frequency (Hz)Overall sound power level31.5 63 125 250 500 1000 2000 4000 8000 Standard –unhoused Infinite exhaust 53.8 70.3 81.5 90.6 99.2 101.2 101.0 95.9 91.6 106.1 F216-2 weather protective enclosure, aluminium Mounted 55.4 89.6 96.6 93.2 100.2 100.3 99.2 96.1 93.5 106.4 F231-2 sound attenuated level 1 enclosure, aluminium Mounted 56.8 73.1 82.1 88.8 95.7 96.4 95.2 91.5 86.7 101.6 F217-2 sound attenuated level 2 enclosure, aluminium Mounted 56.7 72.7 82.0 87.0 94.0 92.3 90.5 87.1 82.8 98.3 Exhaust sound power level, dB(A) See note 2 and 9 listed below Open exhaust (no muffler) @ rated load Octave band center frequency (Hz)Overall sound power level31.5 63 125 250 500 1000 2000 4000 8000 41.3 78.0 86.2 84.9 94.7 95.0 96.2 98.8 96.9 103.8 Note: 1. Position 1 faces the generator front per ISO 8528-10. The positions proceed around the generator set in a counter-clockwise direction in 45° increments. All positions are at 7 m (23 ft) from the surface of the generator set and 1.2 m (48 in) from floor level. 2. Sound levels are subject to instrumentation, measurement, installation and manufacturing variability. 3. Data based on full rated load. 4. Sound data for generator set with infinite exhaust do not include exhaust noise. 5. Sound pressure levels are measured per ANSI S1.13 and ANSI S12.18, as applicable. 6.Reference sound pressure is 20 μPa. 7. Sound power levels per ISO 3744 and ISO 8528-10, as applicable. 8. Reference power = 1 pw (10-12 W). 9. Exhaust sound power levels are per ISO 6798, as applicable. C70 N6 F217-2 sound attenuated level 2 enclosure, aluminium Mounted Cummins Inc. Data and specification subject to change without notice PTS-421 (10/17) Prototype Test Support (PTS) 60 Hz test summary Generator set models Representative prototype C70 N6 C80 N6 C100 N6 Model: C100 N6 Alternator: UC274D Engine: QSJ5.9G The following summarizes prototype testing conducted on the designated representative prototype of the specified models. This testing is conducted to verify the complete generator set electrical and mechanical design integrity.Prototype testing is conducted only on generator sets not sold as new equipment. Maximum surge power: 105.7 kW The generator set was evaluated to determine the stated maximum surge power. Maximum motor starting: 130 kVA The generator set was tested to simulate motor starting by applying the specified kVA load at low lagging power factor (0.4 or lower). With this load applied, the generator set recovered to a minimum of 90% rated voltage. Alternator temperature rise: The highest rated temperature rise (120 °C) test results are reported as follows to verify that worst case temperature rises do not exceed allowable NEMA MG1 limits for class H insulation. Tests were conducted per IEEE 115, rise by resistance and embedded detector, with the rated voltages. Only the highest temperatures are reported. Location Maximum rise (ºC) Alternator stator 75 Alternator rotor 95 Exciter stator N/A Exciter rotor N/A Torsional analysis and testing: The generator set was tested to verify that the design is not subjected to harmful torsional stresses. A spectrum analysis of the transducer output was conducted over the speed range of 1650 to 1950 RPM. Cooling system:50 °C ambient 0.5 in. H2O restriction The cooling system was tested to determine ambient temperature and static restriction capabilities. The test was performed at full rated load in elevated ambient temperature under static restriction conditions. Durability: The generator set was subjected to a minimum 100 hour endurance test operating at variable load up to the Standby rating based upon MIL-STD-705 to verify structural soundness and durability of the design. Electrical and mechanical strength: The generator set was tested to several single phase and three phase faults to verify that the generator can safely withstand the forces associated with short circuit conditions. The generator set was capable of producing full rated output at the conclusion of the testing. Steady state performance: The generator set was tested to verify if the steady state operating performance was within the specified maximum limits. Voltage regulation: ± 1% Random voltage variation: ± 1% Frequency regulation: ± 0.25% Random frequency variation: ± 0.25% Transient performance: The generator set was tested to verify single step loading capability as required by NFPA 110 and verify acceptable voltage and frequency response on load addition or rejection. The following results were recorded at 0.8 power factor: Full load acceptance: Voltage dip: 35.3% Recovery time: 5.2 seconds Frequency dip: 19.5% Recovery time: 8.4 seconds Full load rejection: Voltage rise: 24.7% Recovery time: 3.3 seconds Frequency rise: 13.4% Recovery time: 6.4 seconds Harmonic analysis: (per MIL-STD-705B, method 601.4) Line to Line Line to Neutral Harmonic No load Full load No load Full load 3 0.04 0.15 0.15 0.15 5 0.2 0.2 0.2 0.2 7 0.6 0.6 0.6 0.6 9 0.02 0.04 0.04 0.04 11 0.52 0.52 0.52 0.52 13 0.26 0.26 0.26 0.26 15 0.0 0.0 0.0 0.0 Prototype Test Support (PTS) C70 N6 Cooling system data C70 N6 Cummins Inc. Data and specification subject to change without notice MCP-1123 (09/17) High ambient air temperature radiator cooling system Max cooling @ air flow static restriction, unhoused (inches water/mm water) Housed in free air, no air discharge restriction 0.0/0.0 0.25/6.4 0.5/12.7 0.75/19.1 1.0/25.4 F216 F231 F217 Fuel type Duty Rating (kW)Maximum allowable ambient temperature, degree C 60 Hz Natural Gas Standby 70 55 55 55 N/A N/A 55 55 55 High ambient air temperature radiator cooling system Max cooling @ air flow static restriction, unhoused (inches water/mm water) Housed in free air, no air discharge restriction 0.0/0.0 0.25/6.4 0.5/12.7 0.75/19.1 1.0/25.4 F216 F231 F217 Fuel type Duty Rating (kW)Maximum allowable ambient temperature, degree C 60 Hz Propane Standby 70 55 55 55 N/A N/A 55 55 55 Notes: 1. Data shown are anticipated cooling performance for typical generator set. 2. Cooling data is based on 1000 ft (305 m) site test location. 3. Generator set power output may need to be reduced at high ambient conditions. Refer generator set data sheet for derate schedules. 4. Cooling performance may be reduced due to several factors including but not limited to: Incorrect installation, improper operation, fouling of the cooling system, and other site installation variables. C70 N6 Natural Gas60 Hz Standby 70 F217 55 F217 5570StandbyPropane60 Hz Cummins Inc. Data and specification subject to change without notice ADS-205 (02/18) Alternator data sheet Frame size: UC2G Characteristics Weights: Wound stator assembly: 287 lb 130 kg Rotor assembly: 276 lb 125 kg Complete alternator: 816 lb 370 kg Maximum speed: 2250 rpm Excitation current: Full load: 2 Amps No load: 0.5 Amps Insulation system: Class H throughout 1 ׎׎׎׎ Ratings (1.0 power factor) 60 Hz 50 Hz (Based on specific temperature rise at 40 °C ambient temperature) Double delta 4 lead Double delta 120/240 120/240 110-120 220-240 125 °C rise ratings kW/kVA 63/63 75/75 57/57 105 °C rise ratings kW/kVA 59/59 66/66 50/50 3 ׎׎׎׎ Ratings (0.8 power factor) Upper broad range LBR* 347/600 Broad range (Based on specified temperature rise at 40 °C ambient temperature) 120/208 240/416 139/240 277/480 190-208 380-416 347/600 110/190 220/380 120/208 240/415 127/220 254/440 150 °C Rise ratings kW kVA 79 98 88 110 82 103 88 110 70 88 70 88 65 81 125 °C Rise ratings kW kVA 75 94 83 104 80 100 83 104 68 85 68 85 63 79 105 °C Rise ratings kW kVA 70 88 76 95 75 94 76 95 60 75 60 75 57 71 80 °C Rise ratings kW kVA 60 75 66 83 65 81 66 83 54 68 54 68 50 63 3 ׎׎׎׎ Reactances (per unit, ± 10%) (Based on full load at 105 °C rise rating) Synchronous 2.48 2.02 2.02 1.77 2.15 1.80 1.52 Transient 0.18 0.15 0.15 0.13 0.17 0.14 0.12 Subtransient 0.12 0.10 0.10 0.09 0.11 0.10 0.08 Negative sequence 0.13 0.11 0.11 0.10 0.13 0.11 0.09 Zero sequence 0.09 0.08 0.08 0.08 0.09 0.08 0.07 3 ׎׎׎׎ Motor starting Maximum kVA (Shunt) 260 260 260 189 (90% sustained voltage) (PMG) 306 306 306 236 Time constants (Sec) Transient 0.030 0.030 0.030 0.030 Subtransient 0.008 0.008 0.008 0.008 Open circuit 0.750 0.750 0.750 0.750 DC 0.007 0.007 0.007 0.007 Alternator data sheet 105 °C Rise ratings kW kVA 277/480 76 95 PMG)306 Cummins Inc. Data and specification subject to change without notice ADS-205 (02/18) Alternator data sheet Frame size: UC2G Windings (@ 20° C) Stator resistance (Line to Line, Ohms) 0.1200 0.0720 0.1660 0.1200 Rotor resistance (Ohms) 0.9300 0.9300 0.9300 0.9300 Number of leads 12 12 6 12 * Lower broad range 110/190 thru 120/208, 220/380 thru 240/416.                       ! "#$   !!"  #! $  "  #  ""  $   "#     %&%' &( )%)*% +,,-%+%( )   #  .   / "" . 0 1!"# 0  #2 " %&'(&(&&   / "" . 0 $ #" #0  3  3  #     "!##     /    !$1 4*+5675  !# 18 4* 9 ! /    $" " / # $ #"3  "!##    3  # #  "" $ # )""!# *! !(!+: 9 9   && ,#: ;< 5 ;<   1  / # =!$      /  $ " .   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" # 0    / /  "" "    / "" . 0 1!"# 0  #  ### ! #     %G H /  0 +)75  # %5) +56 %G 6 /  0 +)75  # %5) +56 %G  /  0 +)75  # %5) +56 /    $ !/! !"#  "" #. 0 /     =!$   # $ !  0  #  /  $ "  =!#    "  3  @3 8"3  # " #     #   $8 1 #    "" #. 0  # 18  # 8 * !  0 =!$  #" !     1 #3 83 $1#$  # 3 #0  03   5 5    03    0 3 "   3 ."" #0 3  #  $   51!"# 0 !! $! 1 !" #  #  # 18    0  /  # /     Z  1!"# 0 )!!" .""3 !!" [ 3  # !; 0 # $! " 1 $""8 #0 #  #  # 18    Z  1!"# 0 )!!"  0  /  #  .  #   $    " #  # #    "" #. 0    "" 0      1" /   ! 0      "" / ""     # $ !  0 #. &      #   $ "#3    $!   #    W)$  -1"W / ! # \#    !  18   / 8    "1"  !   $ !/! 1!"   !    / $     %G $ #0   /  18   # )$ ]!" +0 83   4* 9 !3  # $   $ #0 "" "$# 18    *  "3 ""3  # ,"!$1 0       =!$  $! 1 [1"8  #     / " #   !0       !!"  08 / 6  8  #!3 1" 83  03 #!. ;  #  [1"        1"8 /      $; $  /  $"   0#  *+3 %,3 F-3 )+3    "   ## /  $   &   $"     "   ##3 "     $ !/!    "  !  $ !/!#  !$$  , . 9  %  3  7# + 3 *  "3 * 66    / "" .   4* 9 !^ %)(576 ) $ 7 Y , 9!" 3 , ,# 3 4* 9 !  6/# !7 %!  &#83 Y!"8 3 6   &#83 +" H3  81 !$4)#-9(10:(&&, )5H7 H ,0  /  6(&7,21 *(1(5$725$&&(6625,(6 power.cummins.com ©2021 Cummins Inc. | NAAC-5943-EN / PDA059R693 (06/21) Specification Sheet Battery Charger-6 Amp A045D925 60Hz/50Hz Description Features Cummins®fully automatic battery chargers are designed to both recharge your batteries, and extend your battery’s life in applications where it is stored for long periods of time. This charger can handle poor power quality, exposure to extreme weather and rough handling. To maximize battery life, a 3-stage charging cycle is implemented. The three charging stages are bulk stage, absorption stage and maintenance stage. During the bulk stage, the charger uses its full amp output to do the heaviest charging, quickly bringing your battery to about 75% of capacity. In the absorption stage, the current slows, adjusting for maximum charging efficiency while it gently tops off the battery to about 98% of capacity. During the maintenance stage, a lower, closely- regulated, constant voltage is applied to maintain full charge and prevent discharge. Unlike some “trickle chargers,” the float charger won’t apply more current than necessary to maintain full charge. Batteries can be connected indefinitely, without harm; in fact, the float charge extends battery life. Protection –Surge protected to IEEE and EN standards. All models include single pole cartridge type fuses mounted on the printed circuit board to protect against input or output overcurrent. Lightweight and Silent –Lighter than transformer types, completely silent but still provides full output when overloaded outlets drop AC voltage below the normal 115V. Monitoring –Status LED indicators are provided to show the condition or charging status of the battery. When the red LED is on, it indicates that the battery is discharged and is recharging at the ‘BULK’ rate. When both the red and green LEDs are on, the battery is charging at the ‘midrange’ rate. When the green LED is on, the battery is 90% charged and ready for use. Construction –Made using epoxy-potted cases making it the ultimate in durability, completely waterproof and able to withstand numerous caustic chemicals and gases, as well as being shockproof. Fault Indication –The charger senses and indicates the following fault conditions: Defective or damaged cells, under-voltage at the battery, battery drawing more current than charger can replace, loss of power or extremely low AC voltage at the charger, other battery fault conditions and charger failure. Compatibility –Works with Sealed Lead Acid (SLA), Absorbed Glass Mat (AGM) and Gel type batteries. Low Electromagnetic and Radio Frequency Interference –This product meets FCC class B for conducted and radiated emissions. Listed –This product is UL listed according to the UL 1236 Standard. Warranty –This product has a two year warranty Battery Charger-6 Amp A045D925 60Hz For more information contact your local Cummins distributor or visit power.cummins.com ©2021 Cummins Inc. All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. NAAC-5943-EN / PDA059R693 (06/21) Specifications Performance and Physical Characteristics Output:Nominal voltage 12 VDC Float voltage – 12 V batteries 13.0-13.6 VDC at 0-2 amps Maximum output current 6 A @ 12 VDC nom Input:Voltage AC 115, 208, 240 ±10%, 90-135 Frequency 60 Hz ±5% Battery:Maximum battery size 150 Amp Hours Maximum recharge time 20 hours Approximate net weight 4 lbs. (1.81 Kg) Approximate dimensions: height x width x depth-in(mm) 2.25 x 6.4 x 3.5 (57 x 162 x 89) Ambient temperature operation: At full rated output -40°F to 122 °F (-40 °C to 50 °C) Warning: Back feed to a utility system can cause electrocution and/or property damage. Do not connect generator sets to any building electrical system except through an approved device or after building main switch is open. Warning: For professional use only. Must be installed by a qualified service technician. Improper installation presents hazards of electrical shock and improper operation, resulting in severe personal injury and/or property damage. power.cummins.com ©2022 Cummins Inc. AC-150 PDAC-150 (05/23) Specification Sheet Battery and Accessories Battery Specifications Battery Part Number Group Size CCA Reserve Capacity Battery Voltage Length Width Height Ship Weight lbs. Quarts Electrolyte 0416-1330 24XL 810 146 Wet 12 10.3 9.0 6.6 43 5.9 0416-1051 26 530 80 Wet 12 8.2 6.8 8.1 31 3.7 0416-0796 31 725 150 Wet 12 12.7 6.0 9.3 62 4.2 0416-0980 31 1000 185 Wet 12 13.0 6.8 9.5 59 4.2 A045P632 34 850 NA Wet 12 10.3 6.6 8.0 NA NA 0416-1291 34 800 100 Sealed 12 10.0 6.9 7.9 38 4.0 A030Y976 4D 1050 290 Wet 12 20.7 8.7 10.0 100 NA 0416-0439 8D 1400 430 Dry 12 20.8 10.7 9.5 110 16.0 0416-1105 8D 1400 430 Wet 12 20.8 10.8 9.5 125 16.0 A062X621 24 800 135 Wet 12 10.1 6.8 8.7 42 N/A A062X622 34 800 120 Wet 12 10.2 6.9 7.9 38 N/AA062X62234800Wet12 cummins.com ©2022 Cummins Inc. | AC-150 PDAC-150 (05/23) Application – Diesel Continued Model Current Spec Battery Size* Supported Part Number* Battery CCA* Genset Minimum CCA Battery Voltage Starting (Genset) Voltage Required Battery Quantity DQKAA D 8D 0416-0439 1400 1400 12 24 4 DQKAB D 8D 0416-0439 1400 1400 12 24 4 DQKAD F 8D 0416-0439 1400 2200 12 24 4 DQKAE F 8D 0416-0439 1400 2200 12 24 4 DQKAF F 8D 0416-0439 1400 2200 12 24 4 DQKAN D 8D 0416-0439 1400 2200 12 24 4 DQLE L 8D 0416-0439 1400 2200 12 24 6 DQLF L 8D 0416-0439 1400 2200 12 24 6 DQPAA D 8D 0416-0439 1400 1800 12 24 2 DQPAB D 8D 0416-0439 1400 1800 12 24 2 DSGAB M 24XL 0416-1330 810 1100 12 12 2 DSGAC M 24XL 0416-1330 810 1100 12 12 2 DSGAD E 24XL 0416-1330 810 1100 12 12 2 DSGAE E 24XL 0416-1330 810 1100 12 12 2 DSHAD F 24XL 0416-1330 810 1500 12 12 2 *First line refers to standby battery size and the second line refers to cold starting battery size for C10 D6 –C360 D6. Application – Gas Listed below, by set model, is the specific battery size designed to fit the skid mounted battery rack (larger batteries, if required, may not fit the standard skid mounted rack.) Model Current Spec Battery Size* Supported Part Number* Battery CCA* Genset Minimum CCA Battery Voltage Starting (Genset) Voltage Required Battery Quantity* C20 N6 A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C22 N6 A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C25 N6 A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C30 N6 A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C30 N6H A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C36 N6 A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C36 N6H A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C40 N6 A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C45 N6 A 24 34 A062X621 A062X622 800 800 850 12 12 2 C40 N6H A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C45 N6H A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C50 N6 A 24 34 A062X621 A062X622 800 800 850 12 12 2 C50 N6H A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C60 N6 A 24 34 A062X621 A062X622 800 800 850 12 12 2 C60 N6H A 26 34 0416-1051 A045P632 545 850 545 12 12 1 C70 N6 A 24 34 A062X621 A062X622 800 800 850 12 12 2 C80 N6 A 24 34 A062X621 A062X622 800 800 850 12 12 2 C100 N6 A 24 34 A062X621 A062X622 800 800 850 12 12 2 *First line refers to standby battery size and the second line refers to cold starting battery size for C20 N6 –C40 N6. C70 N6 A 34 A062X622 800 850 12 12 2 Sheet 1 of 2Part Name: A054X752 Revision: ADrawing Name: A054X753 Revision: A                       !" #!$$%! 1  2             " )"      (  ""     "  )  2  3!   "     "  "     )"  4   "  )  4   "  )35!#$%!$6$70#&8 &35!#&$%!$6$7 #35!$$%!$6$7 $35! $% 90 : "   (  8$ %!$6$7;<$8#= , > ? )$6$ 7 9; :  (    "  )35!$6#$%!$6$7;<$8#= &35!&$6##$6#%!$6$7;<$8#= #35!$$6%!$6$7;<$8#= $35!$%;<$8#= $35! $$%;<$8#= 90": "  (  &35% ;<$8#= "    )     1   ""  =$$3! 1    8$$3! 90:    (  =$3%;<$8#= +  )-   @ ;<$8#=  0    ) )! !AB      +  --CD>>E "   E 1   0   E 1  +""  <              - !$    ? ##/3-/; C3,/E$/$$F$/$3 GC/F3GEC!AB#///!AB$E /83-/; C#3,/E$/$F$/3 GC$F83GEC!AB&///!AB6$E , -   H )   D>" E      +" E (   "   +<" E (    1,1I" E A  ""   $/3; C3E 4    /#3; C3E A #/$83; C$#3E  " /83; C&3E ,   #/&3C0+EC/3E J  )" +      -  1 <  < (  J  )   < +   0 +! ,<1! ,D1$$+>;$$$ ;<$8#=    -  0 +! ,D1 ;  -"   > ( ;#$;<$8     ;<$8#= ! ! "   -D"   &F&3K>CF=$3KE ! ! "   -+   &F&3K>C$F&3KE D"       L/&- C$$$E      $$$     D    ""    )#=14M+DA<2!   +  +14 B;,=&8$8&#8 ,/-   "/      C E #/3C0+EC/&=3E 2   )@  )- 0+   0  0  )" -   <      =/#$3; C&/=83E     /&$3; C#/=3E      &/$3; C/&##3E 0  )" -   !  Please see CB outline drawing for lug and termination details Please see CB outline drawing for lug and termination details , -0      $$    A  #/$$3C0+EC#=/$&3E      /$$3; C8/##3E     #$/$$3; C$/3E      #&/$$3; C/83E D-- +   ) +   --   B  "  -  ""   A!2,;,B*  "   H" )      *;,        + - -        ;        + - -       -    " (  />  -   /A    / /( 2<! 2   2<!     <02+  ( " <02+    1 )- @ 2+ H "   -  @   2+2     2+    < (      < (  -   )- < D-- ; -  %- @  1.5700150200300400600800900200030004000500070008000900010000.5.6.7.8.912345678910152030405060708090100600015001000500.005 .006 .007 .008 .009 .01 .015 .02 .03 .04 .05 .06 .07 .08 .09 .1 .15 .2 .3 .4 .5 .6 .7 .8 .9 1 1.5 2 3 4 5 6 7 8 9 10 20 30 40 50 60 70 80 90 100 15 200 300 400 500 600 700 800 900 1000 1500 2000 3000 4000 6000 7000 8000 9000 5000 100001.5.6.7.8.91.52345678910152030405060708090100MULTIPLES OF RATED CURRENT TIME IN SECONDS.005 .006 .007 .008 .009 .01 .015 .02 .03 .04 .05 .06 .07 .08 .09 .1 .15 .2 .3 .4 .5 .6 .7 .8 .9 1 1.5 2 3 4 5 6 7 8 9 10 15 20 30 40 50 60 70 80 90 100 150 200 300 400 500 600 700 800 900 1000 1500 2000 3000 4000 5000 6000 7000 8000 9000 10000 TIME IN SECONDS1/2 CYCLE (60 Hz) 1/2 CYCLE (50 Hz)150200300400500600700800900100015002000300040005000600070008000900010000150 MULTIPLES OF RATED CURRENT 1 CYCLE (60 Hz) 1 CYCLE (50 Hz) MAXIMUM CLEARING TIME (AT 50 Hz)(AT 60 Hz) 110 125 150 MAXIMUM SINGLE-POLE TRIP TIMES AT 25°C BASED ON NEMA AB-4 2003 150 A 125 A 110 A HD, HG, HJ, HL MOLDED CASE CIRCUIT BREAKERS CHARACTERISTIC TRIP CURVE NO. 50-4 CIRCUIT BREAKER INFORMATION Circuit Breaker Continuous Maximum Number Prefix Ampere Rating AC Voltage of Poles HD, HG, HJ, HL 110–150 600 2, 3 This curve is to be used for application and coordination purposes only. The EZ-AMP overlay feature at the bottom of the page should be used during coordination studies. All time/current characteristic curve data is based on 40°C ambient cold start. Terminations are made with conductors of appropriate length and ratings. 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In line with Cummins Power Generation policy of continuous development and improvement, information may change at any time without notice. The users should therefore make sure that before commencing any work, they have the latest information available. The latest version of this instruction sheet is available on QuickServe Online (https://qsol.cummins.com/info/index.html). 2 Safety Precautions 2.1 General Safety Precautions WARNING Hot Pressurized Liquid Contact with hot liquid can cause severe burns. Do not open the pressure cap while the engine is running. Let the engine cool down before removing the cap. Turn the cap slowly and do not open it fully until the pressure has been relieved. WARNING Moving Parts Moving parts can cause severe personal injury. Use extreme caution around moving parts. All guards must be properly fastened to prevent unintended contact. WARNING Toxic Hazard Used engine oils have been identified by some state and federal agencies to cause cancer or reproductive toxicity. Do not ingest, breathe the fumes, or contact used oil when checking or changing engine oil. Wear protective gloves and face guard. WARNING Electrical Generating Equipment Incorrect operation can cause severe personal injury or death. Do not operate equipment when fatigued, or after consuming any alcohol or drug. English A052L825 (Issue 2)- Original Instructions Page 1 of 5© 2015 Cummins Power Generation, Inc. All rights reserved. A052M016 WARNING Toxic Gases Substances in exhaust gases have been identified by some state and federal agencies to cause cancer or reproductive toxicity. Do not breathe in or come into contact with exhaust gases. WARNING Combustible Liquid Ignition of combustible liquids is a fire or explosion hazard which can cause severe burns or death. Do not store fuel, cleaners, oil, etc., near the generator set. WARNING High Noise Level Generator sets in operation emit noise, which can cause hearing damage. Wear appropriate ear protection at all times. WARNING Hot Surfaces Contact with hot surfaces can cause severe burns. Wear appropriate PPE when working on hot equipment and avoid physical contact with hot surfaces. WARNING Electrical Generating Equipment Incorrect operation and maintenance can result in severe personal injury or death Make sure that only suitably trained and experienced service personnel perform electrical and/or mechanical service. WARNING Toxic Hazard Ethylene glycol, used as an engine coolant, is toxic to humans and animals. Wear appropriate PPE. Clean up coolant spills and dispose of used coolant in accordance with local environmental regulations. WARNING Combustible Liquid Ignition of combustible liquids is a fire or explosion hazard which can cause severe burns or death. Do not use combustible liquids like ether. WARNING Automated Machinery Accidental or remote starting of the generator set can cause severe personal injury or death. Isolate all auxiliary supplies and use an insulated wrench to disconnect the starting battery cables (negative [–] first). A052L825 (Issue 2) Page2of5 WARNING Fire Hazard Materials drawn into the generator set are a fire hazard. Fire can cause severe burns or death. Keep the generator set and the surrounding area clean and free from obstructions. WARNING Fire Hazard Materials drawn into the generator set are a fire hazard. Fire can cause severe burns or death. Make sure the generator set is mounted in a manner to prevent combustible materials from accumulating under the unit. WARNING Fire Hazard Accumulated grease and oil are a fire hazard. Fire can cause severe burns or death. Keep the generator set and the surrounding area clean and free from obstructions. Repair oil leaks promptly. WARNING Fire Hazard Materials drawn into the generator set are a fire hazard. Fire can cause severe burns or death. Keep the generator set and the surrounding area clean and free from obstructions. NOTICE Keep multi-class ABC fire extinguishers handy. Class A fires involve ordinary combustible materials such as wood and cloth. Class B fires involve combustible and flammable liquid fuels and gaseous fuels. Class C fires involve live electrical equipment. (Refer to NFPA No. 10 in applicable region.) NOTICE Before performing maintenance and service procedures on enclosed generator sets, make sure the service access doors are secured open. NOTICE Stepping on the generator set can cause parts to bend or break, leading to electrical shorts, or to fuel, coolant, or exhaust leaks. Do not step on the generator set when entering or leaving the generator room. 2.2 Generator Set Safety Code Before operating the generator set, read the manuals and become familiar with them and the equipment. Safe and efficient operation can be achieved only if the equipment is properly operated and maintained. Many accidents are caused by failure to follow fundamental rules and precautions. A052L825 (Issue 2) Page 3 of 5 WARNING Electrical Generating Equipment Incorrect operation and maintenance can result in severe personal injury or death. Read and follow all Safety Precautions, Warnings, and Cautions throughout this manual and the documentation supplied with the generator set. 2.3 Electrical Shocks and Arc Flashes Can Cause Severe Personal Injury or Death WARNING Electric Shock Hazard Voltages and currents present an electrical shock hazard that can cause severe burns or death. Contact with exposed energized circuits with potentials of 50 Volts AC or 75 Volts DC or higher can cause electrical shock and electrical arc flash. Refer to standard NFPA 70E or equivalent safety standards in corresponding regions for details of the dangers involved and for the safety requirements. Guidelines to follow when working on de-energized electrical systems: • Use proper PPE. Do not wear jewelry and make sure that any conductive items are removed from pockets as these items can fall into equipment and the resulting short circuit can cause shock or burning. Refer to standard NFPA 70E for PPE standards. • De-energize and lockout/tagout electrical systems prior to working on them. Lockout/Tagout is intended to prevent injury due to unexpected start-up of equipment or the release of stored energy. • De-energize and lockout/tagout all circuits and devices before removing any protective shields or making any measurements on electrical equipment. • Follow all applicable regional electrical and safety codes. In summary: • Do not tamper with or bypass interlocks unless you are authorized to do so. • Understand and assess the risks - use proper PPE. • Make sure that an accompanying person who can undertake a rescue is nearby. 3 Instruction 3.1 Installation of Enclosure Kits A052M016 and A052M018 This instruction sheet describes the installation of enclosure kits A052M016 and A052M018. Read these installation instructions completely and become familiar with safety warnings, cautions and installation procedure before starting. 1. Wipe surfaces where insulation will be attached with a rag and water to remove physical debris. Let dry. 2. Remove the release liner from the insulation pieces and apply the insulation in the location shown in the figure below. Be sure to press down firmly on all areas of insulation to engage the pressure-sensitive adhesive. A052L825 (Issue 2) Page4of5 A052M016 A052M016 No. Description No. Description 1 Panel Insulation 3 Inlet Duct 2 Hex Flange Head Screw FIGURE 1. ENCLOSURE KIT ATTACHED TO GENERATOR SET 3. Make sure there is no debris in the mounting holes. 4. Make sure the sloped end of the inlet duct is on the bottom, as shown in the figure above. 5. Bolt the inlet duct to the enclosed generator set. 6. Tighten the bolts. Torque to 4.4 - 5.9 ft-lb (6 - 8 Nm). A052L825 (Issue 2) Page 5 of 5 6(&7,21 *(1(5$725'5$:,1*6  ,17(5&211(&76 Sheet 1 of 3Part Name: A051E742 Revision: ADrawing Name: A051E743 Revision: A Sheet 2 of 3Part Name: A051E742 Revision: ADrawing Name: A051E743 Revision: A3&& ECO-168340 Sheet 1 of 4Part Name: A051E744 Revision: BDrawing Name: A051E745 Revision: B+ ECO-168340 Sheet 2 of 4Part Name: A051E744 Revision: BDrawing Name: A051E745 Revision: B ECO-168340 Sheet 3 of 4Part Name: A051E744 Revision: BDrawing Name: A051E745 Revision: B CSSNA POWER GEN CSSNA POWER GEN UL,CSA,RoHSPGG 1-01-01-116. This item impacts compliance with these External Regulations: Regulatory Review and Approval is required prior to changing this item per Sheet 1 of 3Part Name: A051P365 Revision: ADrawing Name: A051P366 Revision: A Sheet 2 of 3Part Name: A051P365 Revision: ADrawing Name: A051P366 Revision: A Cummins Data Classification:Cummins ConfidentialThis document (and the information shown thereon) isConfidential and Proprietary and shall not be disclosed to othersin hard copy or electronic form, reproduced by any means, or usedfor any purpose without written consent of Cummins Inc.Part Number: A050P698 Part Revision: EPart Name: OUTLINE,GENSETDrawing Category: Detail State: Released Document Generated: 13MAY2021 14:20 GMTSheet 1 of 2 Sheet 1 of 5Part Name: A051N157 Revision: CDrawing Name: A051N158 Revision: C Sheet 2 of 5Part Name: A051N157 Revision: CDrawing Name: A051N158 Revision: C Sheet 3 of 5Part Name: A051N157 Revision: CDrawing Name: A051N158 Revision: C Sheet 4 of 5Part Name: A051N157 Revision: CDrawing Name: A051N158 Revision: C 6(&7,21 $7663(&,),&$7,216  '5$:,1*6 POWERCOMMAND® OTEC TRANSFER SWITCH POWERCOMMAND®40-11 CONTROL | OPEN TRANSITION | 40 A-1000 A AUTOMATIC TRANSFER SWITCH | SERVICE ENTRANCE RATED DESCRIPTION The OTEC series transfer switch provides the basic features typically required for primary source and generator set monitoring, generator set starting and load transfer functions for emergency standby power applications. They are suitable for use in emergency, legally required, and optional standby circuits in commercial and light industrial applications. The OTEC transfer switch features the new PowerCommand®40-11 control with a comprehensive feature list to suit a wide variety of ATS applications. FEATURES PowerCommand®40-11 control –A fully featured microprocessor-based control with LCD digital display and tactile-feel soft-switches for easy operation and screen navigation. Control highlights include front panel PC software configuration, three phase sensing on both sources, sync check, phase rotation and imbalance sensing, and event logging. Additional optional features include load shed from standby source, Modbus RTU and TCP network communication, and configurable output contact modules. Completely network compatible with the new Cummins transfer switch remote annunciator. Please see the S-6560 PowerCommand®40-11 control specification sheet for the full description, benefits, and features. Overcurrent disconnect device –Square D UL Listed 489 molded case circuit breaker. Programmed transition –Open transition timing can be adjusted to completely disconnect the load from both sources for a programmed time period, as recommended by NEMA MG-1 for transfer of inductive loads. Advanced transfer switch mechanism –Unique bi- directional linear actuator provides virtually frictionless constant force, straight-line transfer switch action during automatic operation. Positive interlocking – Mechanical and electrical interlocking prevent source- to-source connection through the power or control wiring. Main contacts –Heavy-duty silver alloy contacts used with multi-leaf arc chutes are rated for motor loads or total system load transfer. They require no routine contact maintenance. Continuous load current not to exceed 80% of switch rating and tungsten loads not to exceed 30% of switch rating. Ease of service and access –Single-plug harness connection and compatible terminal markings simplify servicing. Access space is ample. Door- mounted controls are field-programmable; no special tools are required. Complete product line –Cummins is a single source supplier with a wide range of equipment, accessories, and services to suit virtually any backup power application. Warranty and service - Products are backed by a comprehensive warranty and a worldwide network of distributors with factory-trained service technicians. SIID: T3Ym25c6nrcxNtOE5Fm69qZYX9Wh1BQwGFo1FzEiMVi4GQSJme80jpP5zGg5HubcXGYj6suXVrors0W6AUD9xw==sheet for the full description, sheet for the full description,benefits,benefits,and and featuresft backup power application.backup power application. AUTOMATIC TRANSFER SWITCH |SERVICE ENTRANCE RATED POWERCOMMAND®OTEC TRANSFER SWITCH SPEC SHEET - SERVICE ENTRANCE RATED TRANSFER SWITCH MECHANISM ƒA bi-directional linear motor actuator powers the transfer switch. This design provides virtually friction-free, constant force, straight- line transfer switch action with no complex gears or linkages. ƒIndependent break-before-make action is used for both 3-pole and 4- pole/switched neutral switches. On 4-pole/switched neutral switches, this action prevents objectionable ground currents and nuisance ground fault tripping that can result from overlapping designs. ƒA mechanical interlock prevents simultaneous closing of normal and emergency contacts. ƒElectrical interlocks prevent simultaneous closing signals to normal and emergency contacts and interconnection of normal and emergency sources through the control wiring. ƒHigh pressure silver alloy contacts resist burning and pitting. Separate arcing surfaces further protect the main contacts. Contacts are mechanically held in both normal and emergency positions for reliable, quiet operation. ƒContact wear is reduced by multiple leaf arc chutes that cool and quench the arcs. Barriers separate the phases to prevent interphase flashover. A transparent protective cover allows visual inspection while inhibiting inadvertent contact with energized components. ƒSwitch mechanism, including contact assemblies, is UL 1008 certified to verify suitability for applications requiring high endurance switching capability for the life of the transfer switch. Withstand and closing ratings are validated using the same set of contacts, further demonstrating the robust nature of the design. SPECIFICATIONS Voltage rating Upto480VAC,50or60Hz. Arc interruption Multiple leaf arc chutes provide dependable arc interruption. Neutral bar A full current-rated neutral bar with lugs is standard on enclosed 3-pole transfer switches. Auxiliary contacts Two isolated contacts (one for each source) indicating switch position are provided for customer use. Contacts are normally open, and close to indicate connection to the source. Wired to terminal block for easy access. Rated at 10 A Continuous and 250 V AC maximum. Operating temperature -13 ˚F (-25 ˚C) to 140 ˚F (60 ˚C) Storage temperature -40 ˚F (-40 ˚C) to 140 ˚F (60 ˚C) Humidity Up to 95 % relative, non-condensing Altitude Up to 10,000 ft (3,000 m) without derating Surge withstand ratings Control tested to withstand voltage surges per EN60947-6-1. Total transfer time (source-to-source) Will not exceed 6 cycles at 60 Hz with normal voltage applied to the actuator and without programmed transition enabled. Manual operation* Transfer switch mechanisms are equipped with means to manually transfer. All sources must be de-energized before manual operation is attempted. Overcurrent disconnect device Service entrance switches have a Square D UL 489 listed molded case circuit breaker. 1000 Amp switches also have a current transformer and integral residual ground fault protection *See Operator Manual for further details. SIID: T3Ym25c6nrcxNtOE5Fm69qZYX9Wh1BQwGFo1FzEiMVi4GQSJme80jpP5zGg5HubcXGYj6suXVrors0W6AUD9xw==T3Y 25 6 NtOE5F 6O 9T3Ym25c6nrcxNtOE5Fm6T3Ym25c6nrcxNtOE5Fm6Sttt40˚F(40 ˚F(40 ˚C) to 140 ˚F(60˚C)40 ˚C) to 140 ˚F(60˚C)T3Ym25c6nrcxNtOE5Fm6669qZYX9Wh1BQwGFo1FzEiMVi4GQSJme80jpP5zGg5HubcXGYj6suXVrors0W6AUD999 POWERCOMMAND®OTEC TRANSFER SWITCH SPEC SHEET - SERVICE ENTRANCE RATED TRANSITION MODES Open delayed transition –In this transition mode the time required for the transfer switch to transfer between sources is adjustable so that the load- generated voltages decay to a safe level before connecting to an energized source. Recommended by NEMA MG-1 to prevent nuisance tripping breakers and load damage. Adjustable 0.5 secs - 10 minutes, and default 0.5 seconds. Open in-phase translation –Initiates open transition transfer when in-phase monitor senses both sources are in phase (voltage, phase, and frequency). Operates in a break-before-make sequence. Includes ability to enable programmed transition as a backup. The module waits indefinitely for synchronization unless the ‘Return to programmed transition’ function is active in which case after 2 minutes it performs a programmed delayed transfer. UL 1008 WITHSTAND AND CLOSING RATINGS (WCR) Withstand and Closing Ratings (WCR) are stated in symmetrical RMS amperes. Frame Amperage With specific MCCB (kA at 480V) Square-D breaker part number Cummins part number Trip unit A (3-pole only) 40 35 HGM36040 0320-2346-75 Standard Thermal Magnetic 70 HGM36070 0320-2346-74 100 HGM36100 A035E003 125 HGM36125 0320-2346-73 B 150, 200, 225, 250 65 LJM36250CU31X A046F867 Micrologic 3.3 (LI) C 300, 400, 600 65 PJM36060U31C 0320-2410-02 Micrologic 3.0 (LI) D 800 65 RJF36080U31A A058R115 Micrologic 3.0A (LI) 1000 65 RJF36100U44A 0320-2563-01 Micrologic 6.0A (LSIG) TRANSFER SWITCH LUG CAPACITIES Frame Amperage rating (A) Emergency and load power cables Emergency and load neutral cables Service power cables Service neutral Cables per phase Cable size Number of Cables Cable size Cables per phase Cable size Number of Cables Cable size A 40, 70, 100, 125 1 #12 AWG-2/0 CU/AL Emerg #14 AWG-2/0 CU/AL Load 2 #14 AWG-2/0 CU/AL 1 #14 AWG-3/0 CU/AL 1 #14 AWG- 2/0 CU/AL B 150, 200, 225, 250 1 #6 AWG-400 MCM CU/AL 2 #6 AWG-400 MCM CU/AL 1 #2 OWG-600 MCM CU or #2 AWG-500 MCM AL 1 #6 AWG - 400 MCM CU/AL C 300, 400, 600 2 250-500 MCM CU/AL 4 250-500 MCM CU/AL 3 3/0-500 MCM CU/AL 2 250-500 MCM CU/AL D 800, 1000 4 250-500 MCM CU/AL 8 250-500 MCM CU/AL 4 #2 AWG-600 MCM CU/AL 4 250-500 MCM CU/AL *All lugs 90°C rated and accept copper or aluminum wire unless indicated otherwise. Refer to the latest NFPA 70 Article 310 - Conductors for general wiring for the ampacity calculations. Vrors0W6AUD9xw==250 500SIID: T3Ym25c6nrcxNtOE5Fm69qZYX9Wh1BQwGFo1FzEiMVi4GQSJme80jpP5zGg5HubcXGYj6suXVTc5Zwzm5GV D TRANSITION MODES A 125 35 A 125 POWERCOMMAND®OTEC TRANSFER SWITCH SPEC SHEET - SERVICE ENTRANCE RATED ENCLOSURE The transfer switch and control are wall-mounted in a key-locking enclosure. Wire bend space complies with 2017 NEC. OTEC SERVICE ENTRANCE DIMENSIONS –TRANSFER SWITCH IN UL TYPE 1 ENCLOSURE Frame Amperage rating (A) Height Width Depth Weight in mm in mm in mm lb kg A 40, 70, 100, 125, 3-pole 45.8 1164 32 814 16.3 413 337 153 B 150, 200, 225, 250 73.6 1869 32.3 820 19.7 499 523 237 C 300, 400, 600 74.5 1892 34.4 873 20.1 510.4 562 255 D 800, 1000 90 2286 39 991 26.3 667 825 374 OTEC SERVICE ENTRANCE DIMENSIONS –TRANSFER SWITCH IN UL TYPE 3R ENCLOSURES Frame Amperage rating (A)Height Width Depth Weight in mm in mm in mm lb kg A 40, 70, 100, 125, 3-pole 45.8 1164 32 814 16.3 413 364 165 B 150, 200, 225, 250 73.6 1869 32.3 820 19.7 499 611 277 C 300, 400, 600 74.5 1892 34.4 873 20.1 510.4 650 295 D 800, 1000 90 2286 39 991 26.3 667 1080 490 OTEC SERVICE ENTRANCEDIMENSIONS –TRANSFER SWITCH IN UL TYPE 12 ENCLOSURE Frame Amperage rating (A)Height Width Depth Weight in mm in mm in mm lb kg A 40, 70, 100, 125, 3-pole 45.8 1164 32 814 16.3 413 346 157 B 150, 200, 225, 250 73.6 1869 32.3 820 19.7 499 593 269 C 300, 400, 600 74.5 1892 34.4 873 20.1 510.4 633 287 D 800, 1000 90 2286 39 991 26.3 667 1063 482 ENCLOSURE ACCESS FOR CABLE INSTALLATION AND MAINTENANCE All frames allow for top, side, and bottom cable entry. NEC Requires Minimum 36” Front Access. Additional front clearance is needed to remove the mechanism. Refer to the outline drawing. OTEC DRAWING PART NUMBERS Frame Amperage rating (A) Outline Drawing Type 1, 3R, or 12 A 40, 70, 100, 125 (3-pole)A074K704 B 150, 200, 225, 250 A074K715 C 300,400, 600 A074K729 D 800, 1000 A074K743 WIRING DIAGRAM PART NUMBERS Frame Amperage rating (A) Wiring Diagram Utility to Genset (120 –480 V) Interconnection A 40, 70, 100,125 (3-pole)A074P733 A065H780B150,200, 225, 250 A074P729C300, 400, 600 D 800, 1000 xw==XVrors0W6AUD9xXVrors0W6AUD9xX5HubcXGYj6suXUtility to GensetQjpgVi4GQSJme80jpP5zGgAmperagerating(A)1FzEiMVFrameSIID: T3Ym25c6nrcxNtOE5Fm69qZYX9Wh1BQwGFo3Ym25cFrameqc6nrcxNtOE5Fm69qZAmperagerating(A)ZYX9Wh1BQ GF gTZZYX9Wh1BQwGFoType1or12TcZZYX9Wh1BQwGFooTcZo It ti 1 V 5 X x Refer to drawings for specific weights and dimensions A 3-pole 125 awi 3R1B1B3R3R1B A074K704 A 3-pole 125 A074P733 POWERCOMMAND®OTEC TRANSFER SWITCH SPEC SHEET - SERVICE ENTRANCE RATED SUBMITTAL DETAIL The Product codes below have been shortened for brevity. In long form, each four-letter product code will be preceded with an OTECSEX, where X = A, B, C, D. For example, OTECSEB_A045-7 Model ƒ40, 70, 100, 125 A, (3-pole) ƒ150, 200, 225, 250 A ƒ300, 400, 600 A ƒ800, 1000 A Poles ƒA028 Poles –3 (solid neutral) ƒA029 Poles –4 (switched neutral) (not available for 40-125 A) Application ƒA035 Utility-to-genset Frequency ƒA044 60 Hz ƒA045 50 Hz Phase ƒA041 single phase, 2-wire or 3-wire ƒA042 three phase, 3-wire or 4-wire Voltage ratings ƒR020 120V ƒR038 190V ƒR021 208V ƒR022 220V ƒR023 240V ƒR024 380V ƒR025 416V ƒR035 440 V ƒR026 480 V Enclosure ƒB001 Type 1: Indoor use, provides some protection against dirt (similar to IEC type IP30) ƒB002 Type 3R: Intended for outdoor use, provides some protection from dirt, rain and snow (similar to IEC type IP34) ƒB010 Type 12: Indoor use, some protection from dust (similar to IEC type IP61). Standards ƒS043 Listing-UL 1008 certification ƒA080 IBC seismic certification Control voltage ƒM033 12V, Genset starting voltage ƒM034 24V, Genset starting voltage Control options ƒM032 Elevator signal relay ƒM081 MODBUS RS485 Communication module ƒM079 integral control power supply provides DC voltage to control from source power. ƒM086 Ethernet communication module. ƒL216 1X auxiliary relay I/O module ƒL217 2X auxiliary relay I/O module Auxiliary relays Relays are UL Listed, and factory installed. All relays provide (2) normally closed isolated contacts rated 10A @ 600 VAC. Relay terminals accept (1) 18 gauge to (2) 12-gauge wires per terminal. ƒL101 24 VDC coil - installed, not wired (for customer use). ƒL102 24 VDC coil - emergency position –relay energized when switch is in source 2 (emergency) position. ƒL103 24 VDC coil - normal position - relay energized when switch is in source 1 (normal) position ƒL201 12 VDC coil installed, not wired (for customer use) ƒL202 12 VDC coil - emergency position –relay energized when switch is in source 2 (emergency) position ƒL203 12 VDC coil - normal position - relay energized when switch is in source 1 (normal) position Optional features ƒM080 Anti-condensation heater for outdoor enclosures. ƒL214 Load shed from standby source ƒM085 Load power monitoring Accessories ƒAC-170 Accessories specification sheet Miscellaneous ƒM003 Terminal block - 30 points (not wired) Warranty ƒG004 2-years, comprehensive ƒG007 5-years, comprehensive ƒG014 3-years, comprehensive ƒG015 10-years, comprehensive Shipping ƒA051 Packing -export box (800 –1000 A) ƒRequest for quotation (RFQ) ƒZ555 Nonconfigurable spec [ETO] SIID: T3Ym25c6nrcxNtOE5Fm69qZYX9Wh1BQwGFo1FzEiMVi4GQSJme80jpP5zGg5HubcXGYj6suXVrors0W6AUD9xw==StandardsStandards ƒƒG015 10G015 10--yearyears, comprehensives, comprehensive 125 A, (3-pole) A028 Poles –3 (solid neutral) A035 Utility-to-genset A044 60 Hz A042 three phase, 3-wire or 4-wire R026 480 V B002 Type 3R: S043 Listing-UL 1008 certification M033 12V, Genset starting voltage M081 MODBUS RS485 Communication module M079 integral control power supply provides DC voltage to control from source power Relays are UL Listed, and factory installed. All relays provide (2) normally closed isolated contacts rated 10A @ 600 VAC. Relay terminals accept (1) 18 gauge to (2) 12-gauge wires per terminal L202 12 VDC coil -emergency position –relay energized when switch is in source 2 (emergency) position L203 12 VDC coil -normal position -relay energized when switch is in source 1 (normal) position G004 2-years, comprehensive POWERCOMMAND®OTEC TRANSFER SWITCH SPEC SHEET - SERVICE ENTRANCE RATED CODES AND STANDARDS All switches are UL 1008 Listed and labeled suitable only for use as service equipment –normal source only, with UL 50E Type Rated cabinets and UL Listed CU-AL terminals. NEC®Suitable for use in emergency, legally required and Standby and Critical Operations Power Systems (COPS) applications per NEC 700, 701, 702 and 708. All switches comply with NEMA ICS 10.ISO®All switches are designed and manufactured in facilities certified to ISO 9001. All switches comply with NFPA 70, 99 and 110 (Level 1).IBC®All switches are certified to IBC 2021. All switches comply with IEEE 446 Recommended Practice for Emergency and Standby Power Systems. EMC Display controllers meet the following Electromagnetic Compatibility (EMC) standards: EN 61000-6-2 Generic Immunity Standard for the Industrial Environment. EN 61000-6-4 Generic Emission Standard for the Industrial Environment. For more information, please contact your local Cummins distributor or visit cummins.com. Our energy working for you. ™ ©2023 Cummins Inc. S-6557 OTEC Spec Sheet Service Entrance - PD00000753 - Rev. 08/24 All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. 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D  #  [1"        1"8 /      $D $  /  $"   0#  *+3 %,3 I-3 )+3    "   ## /  $   &   $"     "   ##3 "     $ !/!    "  !  $ !/!#  !$$  , . )8$ Z  _  `  % #!" , J76 ) -! ,   )-, *a !$$  !" 9  0  =7 )  ) " 3 * JJ I ) +    / "" .   4* 9 !b %)(56 ) $  Y , 9!" 3 , ,# 3 4* 9 !  6/%"#7 %!  * #83 $1 3 7   !#83 Y!  3 = 81!"#!&-!9(:*09;( )5J J ,0  /  SIID: 6u5PPVrU5zCOpHSj59ZowqZYX9Wh1BQwGFo1FzEiMVgHYD2ABmVA7UQs1a1KVMesXGYj6suXVrors0W6AUD9xw==1aaaaaaaaaaaaaaaaaaaa1K1111111VMesXGYj6suXVrors0W6AY Y ,,9!" 9!" 9!" ,, POWERCOMMAND®40-11 TRANSFER SWITCH CONTROL OTEC TRANSFER SWITCHES DESCRIPTION The PowerCommand®40-11 Transfer Switch Control is a sophisticated microprocessor- based control with the basic features you need for primary source and generator set monitoring, generator set starting and load transfer functions for emergency standby power applications. The control human machine interface (HMI) includes a LCD display with tactile-feel soft- switches for easy operation and screen navigation. All data on the control can be viewed by scrolling through screens with a display scroll button. The control displays the current active fault, fault occurrences and time ordered history of the 10 previous faults with respect to Real Time Clock Stamp and Engine Running Time. FEATURES Digital display – The PowerCommand ®40- 11 offers a clear back-lit LCD 4-line text display, showing system status, contextual icons and warnings. The display is also equipped with 5 red and 4 green LEDs indicating operational status. Modbus network communication – Modbus network communications capable. Optional Modbus RTU RS485 connection (1 serial port) and TCP Ethernet communication module (1 RJ45 port). Diagnostics and reporting – Detailed event logging with enhanced fault codes, alert lists, power event history, and source statistics enhances diagnostic capability during service events and provides the ability to meet any reporting requirements. PC & Front Panel Configurations –The modules can be easily configured using the PC software. Selected front panel editing is also available. Ease of service and access – Built-in plug- and-play control with minimized point-to-point connections and compatible terminal markings simplify servicing. SIID: rnU_V5Kl5Z5Pc5wE2UQIc6ZYX9Wh1BQwGFo1FzEiMVi4GQSJme80jpP5zGg5HubcXGYj6suXVrors0W6AUD9xw==Optional Modbus RTU RS485 connection (1Optional Modbus RTU RS485 connection (1 == POWERCOMMAND®40-11 TRANSFER SWITCH CONTROL SPEC SHEET Complete product line – Cummins is a single source supplier with full scope of power system solutions, integration, and service capability, from paralleling to system level controls,switchgear, and remote connectivity. Warranty and service – Products are backed by a comprehensive warranty and a worldwide network of distributors with factory- trained service technicians. HUMAN MACHINE INTERFACE (HMI) CAPABILITIES Tactile push button to select ‘MODE’ function Tactile push button to select ’AUTO’ modeTactile push button selects ‘MANUAL’ mode Tactile push button selects ‘STOP’ mode Common Alarm Status LED LED indicates source available Tactile push button transfers load to S2 Tactile push button transfers load to S1 Info button Display scroll button LED indicates source power connected Isometric (ISO) projecƟon: front views SIID: rnU_V5Kl5Z5Pc5wE2UQIc6ZYX9Wh1BQwGFo1FzEiMVi4GQSJme80jpP5zGg5HubcXGYj6suXVrors0W6AUD9xw==== POWERCOMMAND®40-11 TRANSFER SWITCH CONTROL SPEC SHEET CONTROL FUNCTIONS TRANSFER INHIBIT When transfer inhibit external input is active, the control does not automatically transfer the transfer switch to a standby source even when the preferred source fails. RETRANSFER INHIBIT When retransfer inhibit external input is active, the control does not automatically retransfer the transfer switch to a preferred source even when the preferred source returns. REAL TIME CLOCK This feature is used by the control for fault and event time stamping and as a reference for exerciser schedules and exception schedules. TEST –REMOTE Test feature allows the user to automatically test the standby source and the transfer switch. The test command can be issued from the remote source. The test has following types available: ƒRemote Start On Load ƒRemote Start Off Load ELEVATOR SIGNAL This optional feature allows an elevator connected to the system to come to a complete stop before the switch transfers. EXERCISER SCHEDULER The Scheduler allows the user to configure pre-set automatic starting and stopping of the Generator (when in Auto mode). BANK 1 / BANK 2 Each Bank of the Exercise Scheduler is used to give up to 8 scheduled runs per bank, 16 in total. This run schedule is configurable to repeat every 7 days (weekly) or every 28 days (monthly). Do Not Transfer, Off Load and On Load. Each scheduler bank configured differently either to weekly or monthly based exercises. SOURCE AVAILABILITY This feature monitors the frequency and voltage sensors on the preferred and standby sources to determine and declare the availability status of the two sources, irrespective of which source is connected to the load. It declares the states as event codes. Preferred/Standby Available - active inactive. VOLTAGE SENSING 3-phase sensing on Source 1 and Source 2 (up to 600 Vac with no need for additional PTs). Plant battery voltage monitoring. ALPHANUMERIC DISPLAY ƒS2 Voltage L1-N ƒS2 Voltage L-L ƒS2 Frequency ƒS1 Voltage L1-N ƒS1 Voltage L-L ƒS1 Frequency ƒBattery voltage ƒCurrent alarms with icons ƒEvent log ƒScheduler ƒAbout LOAD SHED This feature allows the user to shed/disconnect the electrical load from a standby source. This feature is typically used to reduce non-emergency load demand on the generator when the generator is in an overload condition. SIID: rnU_V5Kl5Z5Pc5wE2UQIc6ZYX9Wh1BQwGFo1FzEiMVi4GQSJme80jpP5zGg5HubcXGYj6suXVrors0W6AUD9xw==The Scheduler allows the user to configure The Scheduler allows the user to configure tt titti dti ftt titti dti f shed/disconnect the electrical load from a shed/disconnect the electrical load from a == POWERCOMMAND®40-11 TRANSFER SWITCH CONTROL SPEC SHEET RELAY EXPANSION MODULE DSE2157 This feature allows the user to provide additional output to the control system, up to 16 user configurable dry contact sets - 8 NO, 8 Form-C. TIME DELAYS The following adjustable time delays are built into the transfer switch control. External modules to accomplish these delays are not required. ƒStart Delay (Also known as Time Delay Engine Start, TDES adjustable from 0 to 10 hours) ƒWarming (Also known as Time Delay Normal to Emergency, TDNE adjustable from 0 to 1 hour) ƒElevator Delay (Also known as Time Delay Elevator, TDEL adjustable from 0 to 5 minutes) ƒNon-sync Transfer Time (Also known as Time Delay Programmed Transition, TDPT adjustable from 0.5 s to 10 minutes) ƒReturn Delay (Also known as Time Delay Emergency to Normal, TDEN adjustable from 0 to 5 hours) ƒCooling (Also known as Time Delay Engine Cool-down, TDEC adjustable from 0 to 1 hour) LED INDICATOR LIGHTS ƒAuto mode (RED) ƒSource 1 available (GREEN) ƒSource 2 available (GREEN) ƒSource 1 connected to load (GREEN) ƒSource 2 connected to load (GREEN) ƒCommon Alarm indicator (RED) ƒSelect Operating mode (RED) ƒStop mode (RED) ƒManual Mode (RED) EVENTS LOG The control displays information on up to 10 events displayed in chronological order, beginning with the most recent event, about either source. The event information includes the following: ƒFailure modes ƒWarning ƒTests and exercises ƒUser-driven inputs (e.g., override, transfer inhibit) SUPPORTED APPLICATIONS APPLICATION TYPES ƒUtility - Generator Set COMMUNICATIONS The PowerCommand®40-11 Transfer Switch Control features an optional network communication module. Features include: ƒOptional Modbus® RTU RS485 communication module (1 isolated serial port) TCP Ethernet communication module (1 RJ45 port) ƒUSB port for service tool interface PROTECTION PHASE ROTATION AND VOLTAGE IMBALANCE SENSING ƒSource 1 and Source 2 UNDER-VOLTAGE SENSING ƒ3-phase normal, 3-phase emergency Accuracy: ±2 % of full-scale phase to phase ƒPhase to neutral voltage range 50Vac to 414Vac. ƒPhase to phase voltage range 86Vac to 717Vac. OVERVOLTAGE SENSING ƒ3-phase normal, 3-phase emergency Accuracy: ±2 % of full-scale phase to phase ƒPhase to neutral voltage range 52Vac to 416Vac. ƒPhase to phase voltage range 90Vac to 720Vac. SIID: rnU_V5Kl5Z5Pc5wE2UQIc6ZYX9Wh1BQwGFo1FzEiMVi4GQSJme80jpP5zGg5HubcXGYj6suXVrors0W6AUD9xw==Common Alarm indicator (RED)Common Alarm indicator (RED) ƒƒSelect OperatingSelect Operating mode (d(RED)RED)ƒ33-phase normal 3phase normal 3-phase emergencyphase emergency UD9DDDx == POWERCOMMAND®40-11 TRANSFER SWITCH CONTROL SPEC SHEET OVER/UNDER FREQUENCY SENSING ƒNormal and emergency ƒAccuracy: ±0.2 Hz ƒFrequency range 3.5 –75 Hz SYNC CHECK ƒFor in-phase transfer ENVIRONMENT Operating Temperature Range Control operates over an ambient temperature range: -30 ºC to 70 ºC. Storage Temperature Range The control operates after being exposed to Storage Temperatures in the range of -40 ºC to 85ºC. Ingress Protection The front panel is to be IP65. Sun Protection Suitable for outdoor use with respect to exposure to Ultraviolet Light, Water exposure and Immersion in accordance with UL 746C. CODES AND STANDARDS The PC40-11 control is a UL Recognized Component Marked for United States and Canada. Capable of being used on systems compliant with NFPA 70, 99 and 110 (Level 1). The PC40-11 control fulfills the requirements of UKCA standard product directives. Control and display as installed in a transfer switch enclosure comply with NEMA 4X and IP65 at the transfer switch level -if the transfer switch enclosure is also NEMA 4X & IP65 compliant. RoHS The control is RoHS compliant.NEC® Capable of being used on systems suitable for use in emergency, legally required and Standby and Critical Operations Power Systems (COPS) applications per NEC 700, 701, 702 and 708. Fulfills the requirements of relevant European product directives.LVD The unit is designed to comply with European directive 72/23/EEC by complying with harmonized European safety standard BS EN 60950. EMC The control is tested to meet the following CE Electromagnetic Compatibility (EMC) standards for EN 61000 series (electromagnetic compatibility): x EN 61000-6-2 Generic Immunity Standard x EN 61000-6-4 Generic Emissions The control is IEEE C37.90.2 certified. Capable of being used on IEEE 446 compliant systems; Recommended Practice for Emergency and Standby Power Systems. For more information, please contact your local Cummins distributor or visit cummins.com Our energy working for you™ All rights reserved. Cummins is a registered trademark of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy worki ng for you.” are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. Cummins Inc. Box 3005 Columbus, IN 47202-3005 U.S.A. 1-800-CUMMINS™(1-800-286-6467) cummins.com S6560_PC40-11 Spec Sheet-EN PD00000756 - Produced in U.S.A. Rev. 08/24 ©2023 Cummins Inc. SIID: rnU_V5Kl5Z5Pc5wE2UQIc6ZYX9Wh1BQwGFo1FzEiMVi4GQSJme80jpP5zGg5HubcXGYj6suXVrors0W6AUD9xw==energy working for youenergy working for you™™== OTECSE125 Cummins Data Classification:Cummins ConfidentialThis document (and the information shown thereon) isConfidential and Proprietary and shall not be disclosed to othersin hard copy or electronic form, reproduced by any means, or usedfor any purpose without written consent of Cummins Inc.Part Number: A074P729 Part Revision: BPart Name: DIAGRAM,SCHEMATICDrawing Category: Detail State: Released Document Generated: 30NOV2023 13:54 GMTSheet 1 of 6 Cummins Data Classification:Cummins ConfidentialThis document (and the information shown thereon) isConfidential and Proprietary and shall not be disclosed to othersin hard copy or electronic form, reproduced by any means, or usedfor any purpose without written consent of Cummins Inc.Part Number: A074P729 Part Revision: BPart Name: DIAGRAM,SCHEMATICDrawing Category: Detail State: Released Document Generated: 30NOV2023 13:54 GMTSheet 2 of 6 Cummins Data Classification:Cummins ConfidentialThis document (and the information shown thereon) isConfidential and Proprietary and shall not be disclosed to othersin hard copy or electronic form, reproduced by any means, or usedfor any purpose without written consent of Cummins Inc.Part Number: A074P729 Part Revision: BPart Name: DIAGRAM,SCHEMATICDrawing Category: Detail State: Released Document Generated: 30NOV2023 13:54 GMTSheet 3 of 6 Cummins Data Classification:Cummins ConfidentialThis document (and the information shown thereon) isConfidential and Proprietary and shall not be disclosed to othersin hard copy or electronic form, reproduced by any means, or usedfor any purpose without written consent of Cummins Inc.Part Number: A074P729 Part Revision: BPart Name: DIAGRAM,SCHEMATICDrawing Category: Detail State: Released Document Generated: 30NOV2023 13:54 GMTSheet 4 of 6 Cummins Data Classification:Cummins ConfidentialThis document (and the information shown thereon) isConfidential and Proprietary and shall not be disclosed to othersin hard copy or electronic form, reproduced by any means, or usedfor any purpose without written consent of Cummins Inc.Part Number: A074P729 Part Revision: BPart Name: DIAGRAM,SCHEMATICDrawing Category: Detail State: Released Document Generated: 30NOV2023 13:54 GMTSheet 5 of 6 6(&7,21 67$5783$1':$55$17< Page 1 Cummins Sales and Service CXVWRPHU&RQWUDFWRU Pre Commissioning Inspection Form The intent of this form is for the contractor to prepare for equipment to be commissioned by a certified Cummins Field Service Power Generation Technician. Filling out this form is required and will minimize delays due to equipment failing to meet requirements. Completing this checklist in its entirety should minimize the need for additional billing beyond the previously provided commissioning quote. The items listed are the responsibility of the contractor and not Cummins Sales and Service. Project Name/End User:_______________________________________ Contractor: _________________________________________________ $ddress:______________________Contact:___________________ %XVLQHVV3KRQHBBBBBBBBBBBBBBB&HOO3KRQHBBBBBBBBBBBBBBBBBBB (PDLO BBBBBBBBBBBBBBBBBBBBBB ON SITE INFORMATION ,I\HVZKHQLVWKHLQVSHFWRUVFKHGXOHGIRUBBBBBBBBBBBBBBB On-Site Contact Information:_______________________________________ Address:_______________________________________________________ 7LPH5HTXHVWHG2QVLWHBBBBBBBBBBBBBBBBB Sub location of Generator (ie. Roof, basement, floor): ______________________ Does the facility have the following: Loading Dock Elevator <HV 1R 1$ Access (from WUXFNDQGORDGEDQNparking to generatorLQIHHW):BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 3DUNLQJ,VSDUNLQJDYDLODEOHRQVLWHIRUVHUYLFHWUXFN<HV 1R 3HUPLWV+DYHDOOQHFHVVDU\DLUTXDOLW\DQGORFDOSHUPLWVEHHQVHFXUHG )XHO7DQN7HVWLQJ,VIXHOWDQNWHVWLQJUHTXLUHG<HV 1R Page 2 ON SITE INFORMATION CONTINUED YES NA NO Is the facility occupied and is customer aware there will be power outages after generator is started? Will there be any site safety training needed for technician prior to beginning? On site contact for training: __________________________ Will customer representative be on site for operator training? On site contact for operator training: _____________________________ MECHANICAL LOCATION AND PLACEMENT OF THE GENERATOR SET YES NA NO Generator is properly secured to pad or vibration isolators Generator Enclosure and/or Room is free of all debris No airflow obstructions to the engine or generator are present for cooling combustion (See &XPPLQV7-030 or Installation manual of generator set) Room is designed for adequate inlet and outlet airflow GASEOUS FUEL Natural Gas/LP Vapor/LP Liquid YES NA NO Natural gas and/or LPG fuel supply is connected. Fuel piping is the appropriate size based on full-load CFH/BTU requirement. Pipe size after service regulator: _________________ Service regulator(s), (if supplied), fuel strainer(s), flexible fuel line(s) and manual shut off are installed Fuel pressure after service regulator is:___________inches of H2O I have read and fully understand the fuel requirements for this equipment, I am verifying that the piping and fuel supply meets or exceeds those requirements. I also understand failure to meet the requirements will result in additional charges. ________________________________ ____________________________ Contractor “requestor” Signature Date Page 3 DIESEL FUELED GENERATORS YES NA NO Flexible fuel connections, (supply and return) are connected to generator and piping. Day tank installed, wired and plumbed (lines free of obstruction) to genset and main fuel tank if applicable. Only black iron pipe for fuel lines, never use copper or galvanized pipe. All tanks filled with enough fuel to perform startup and testing. A return line from engine to day tank and day tank to main tank should be in place EXHAUST SYSTEM YES NA NO Exhaust wrapped or isolated to prevent accidental activation of fire protection devices and sprinklers. Exhaust flex-pipe is installed at engine exhaust outlet (The silencer and flex-pipe are supplied with the generator set). Silencer is installed with appropriate supports (no weight should be placed on the exhaust outlet of the genset). Exhaust system has proper expansion joints and wall thimbles (Thimbles are required for wall or roof penetration). GENERATOR ELECTRICAL CONNECTIONS YES NA NO Load conductors connected to breakers Flexible connections used on all conduit connections to the generator set output box Remote start interconnection stranded wiring is installed between the generator set and the automatic transfer switch(s) and annunciator. AC Power conductors in dedicated conduit separate from any DC control or network wiring Ground fault connected/functioning on generator, if supplied AC power wired to the coolant heaters (Do NOT energize) Check for AC oil pan heater, control heater or generator winding heater (Needing AC wiring) Generator is grounded in compliance with local codes If applicable, louver motors are operational and connected to generator controls Page 4 GENERATOR ELECTRICAL CONNECTIONS CONTINUED YES NA NO Annunciator mounted in a location where someone can observe a fault of the remote generator system Where is annunciator located? ______________________ Are there additional ancillary devices/equipment that need to be integrated into the system? If yes, please define__________________ Battery charger mounted (free of vibration, weather, accessible for an operator to observe easily) and connected to the appropriate AC and DC wiring to operate the charger. TRANSFER SWITCH ELECTRICAL CONNECTIONS YES NA NO Conductors connected for Utility, Load and Emergency Remote start interconnection stranded wiring is installed between the generator set and the automatic transfer switch(s). Four Pole Transfer Switch: Is generator neutral grounded? DAY OF STARTUP YES NA NO Training of facility personnel will be done on the same day as start up. Additional trips for operational training will be an additional charge. Can transfer switch be tested at time of generator startup? (There will be a power interruption)Note: After hours testing could result in additional charges. If the associated switchgear and/or ATS(s) are not SURYLGHGE\Cummins, will the manufacturer's representative be on site? Exercise with or without load? ___________________ If known, Transfer Time delay set recommendations Generator Set to exercise Day:_______ Time:_______ ________________________________ ____________________________ Contractor “requestor” Signature Printed Name Date: _______________ Please complete this form and return to schedule start upLIQRWUHWXUQHG within business days prior to scheduleG startupLWPD\EHGHOD\HG. I understand that the start-up date may have to be rescheduled at my expense if the above items have not been completed properly. Warranty Statement Global Commercial Warranty Statement Generator Set English Original Instructions -2017 A028U870 (Issue 5) Effective Date: --XO\-201 Page 1 of 2 A028U870 Issue  Limited Warranty Commercial Generating Set This limited warranty applies to all Cummins Power Generation£ branded commercial generating sets and associated accessories (hereinafter referred to as "Product"). This warranty covers any failures of the Product, under normal use and service, which result from a defect in material or factory workmanship. Warranty Period: The warranty start date† is the date of initial start up, first rental, demonstration or 18 months after factory ship date, whichever is sooner. See table for details. Continuous Power (COP) is defined as being the maximum power which the generating set is capable of delivering continuously whilst supplying a constant electrical load when operated for an unlimited number of hours per year. No overload capability is available for this rating. Prime Power (PRP) is defined as being the maximum power which a generating set is capable of delivering continuously whilst supplying a variable electrical load when operated for an unlimited number of hours per year. The permissible average power output over 24 hours of operation shall not exceed 70% of the PRP. For applications requiring permissible average output higher than stated, a COP rating should be used. Limited-Time Running Power (LTP) is defined as the maximum power available, under the agreed operating conditions, for which the generating set is capable of delivering for up to 500 hours of operation per year. Emergency Standby Power (ESP) is defined as the maximum power available during a variable electrical power sequence, under the stated operating conditions, for which a generating set is capable of delivering in the event of a utility power outage or under test conditions for up to 00 hours of operation per year. The permissible average power output over 24 hours of operation shall not exceed 70% of the ESP. Environmental Protection Agency – Stationary Emergency (EPA-SE) is defined as being the maximum power available during a variable electrical power sequence, under the stated operating conditions, for which a generator set is capable of delivering in the event of a utility power outage or under test conditions and used in strict accordance with the EPA NSPS for stationary engines, 40 CFR part 60, subparts IIII and JJJJ, where a reliable utility must be present. The permissible average power output over 24 hours of operation shall not exceed 70% of the EPA-SE. Data Center Continuous (DCC) is defined as the maximum power which the generator is capable of delivering continuously to a constant or varying electrical load for unlimited hours in a data center application. Base Warranty Coverage Duration (Whichever occurs first) Rating Months Max. Hours COP 12 Unlimited PRP 12 Unlimited LTP 12 500 hrs ESP 24 00 hrs EPA-SE 24 Unlimited DCC 24 Unlimited † Warranty start date for designated rental and oil and gas model Products is determined to be date of receipt of Product by the end customer. Cummins Power Generation££££ Responsibilities: In the event of a failure of the Product during the warranty period due to defects in material or workmanship, Cummins Power Generation£ will only be responsible for the following costs: ƒAll parts and labor required to repair the Product. ƒReasonable travel expenses to and from the Product site location. ƒMaintenance items that are contaminated or damaged by a warrantable failure. Owner Responsibilities: The owner will be responsible for the following: 00 ESP 24 hrs Effective Date: --XO\-201 Page 2 of 2 A028U870 Issue  ƒNotifying Cummins Power Generation£ distributor or dealer within 30 days of the discovery of failure. ƒInstalling, operating, commissioning and maintaining the Product in accordance with Cummins Power Generation£’s published policies and guidelines. ƒProviding evidence for date of commissioning. ƒProviding sufficient access to and reasonable ability to remove the Product from the installation in the event of a warrantable failure. ƒIncremental costs and expenses associated with Product removal and reinstallation resulting from non-standard installations. ƒCosts associated with rental of generating sets used to replace the Product being repaired. ƒCosts associated with labor overtime and premium shipping requested by the owner. ƒAll downtime expenses, fines, all applicable taxes, and other losses resulting from a warrantable failure. Limitations: This limited warranty does not cover Product failures resulting from: ƒInappropriate use relative to designated power rating. ƒInappropriate use relative to application guidelines. ƒInappropriate use of an EPA-SE application generator set relative to EPA’s standards. ƒNormal wear and tear. ƒImproper and/or unauthorized installation. ƒNegligence, accidents or misuse. ƒLack of maintenance or unauthorized repair. ƒNoncompliance with any Cummins Power Generation£ published guideline or policy. ƒUse of improper or contaminated fuels, coolants or lubricants. ƒImproper storage before and after commissioning. ƒOwner’s delay in making Product available after notification of potential Product problem. ƒReplacement parts and accessories not authorized by Cummins Power Generation£. ƒUse of Battle Short Mode. ƒOwner or operator abuse or neglect such as: operation without adequate coolant or lubricants; overfueling; overspeeding; lack of maintenance to lubricating, cooling or air intake systems; late servicing and maintenance; improper storage, starting, warm-up, run-in or shutdown practices, or for progressive damage resulting from a defective shutdown or warning device. ƒDamage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set. This limited warranty does not cover costs resulting from: ƒDifficulty in gaining access to the Product. ƒDamage to customer property. A “Data center” is defined as a dedicated facility that house computers and associated equipment for data storage and data handling. Reliable utility is defined as utility power without routine or regularly scheduled black-outs. Please contact your local Cummins Power Generation£ Distributor for clarification concerning these limitations. CUMMINS POWER GENERATION££££ RIGHT TO FAILED COMPONENTS: Failed components claimed under warranty remain the property of Cummins Power Generation£. Cummins Power Generation£ has the right to reclaim any failed component that has been replaced under warranty. Extended Warranty: Cummins Power Generation£offers several levels of Extended Warranty Coverage. Please contact your local Cummins Power Generation £Distributor for details. www.power.FXPPLQVcom THE WARRANTIES SET FORTH HEREIN ARE THE SOLE WARRANTIES MADE BY CUMMINS POWER GENERATION ££££ IN REGARD TO THE PRODUCT. CUMMINS POWER GENERATION££££ MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT IS CUMMINS POWER GENERATION££££ LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. This limited warranty shall be enforced to the maximum extent permitted by applicable law. This limited warranty gives the owner specific rights that may vary from state to state or from jurisdiction to jurisdiction. Product Model Number:_______________________ Product Serial Number:________________________ Date in Service:______________________________ power.cummins.com Copyright 2017 Cummins Inc. All rights reserved. Cummins, the “C” logo, PowerCommand, AmpSentry, and InPower are trademarks of Cummins Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. :DUUDQW\6WDWHPHQW 7UDQVIHU6ZLWFK([WHQGHG:DUUDQW\ (QJOLVK 2ULJLQDO,QVWUXFWLRQV   ,VVXH Effective Date: 01-January-2017 Page 1 of 1118-0003 (Issue 5) &RS\ULJKW‹&XPPLQV,QF Limited 2 Year Comprehensive Extended Warranty – G004 Transfer Switch and Paralleling Systems When purchased, this limited extended warranty applies to all Cummins Power Generation£branded Transfer Switches, Paralleling Systems and associated accessories (hereinafter referred to as "Product"). This warranty covers any failures of the Product, under normal use and service, which result from a defect in material or factory workmanship. Warranty Period: The warranty start date is the date of initial start up, first rental, demonstration or 18 months after factory ship date, whichever is sooner. The coverage duration is 2 years from warranty start date. Cummins Power Generation££ Responsibilities: In the event of a failure of the Product during the extended warranty period due to defects in material or workmanship, Cummins Power Generation£will only be responsible for the following costs: ƒAll parts and labor required to repair the Product. ƒReasonable travel expenses to and from the Product site location. ƒMaintenance items that are contaminated or damaged by a warrantable failure. Owner Responsibilities: The owner will be responsible for the following: ƒNotifying Cummins Power Generation£ distributor or dealer within 30 days of the discovery of failure. ƒInstalling, operating, commissioning and maintaining the Product in accordance with Cummins Power Generation£’s published policies and guidelines. ƒProviding evidence for date of commissioning. ƒProviding sufficient access to and reasonable ability to remove the Product from the installation in the event of a warrantable failure. In addition, the owner will be responsible for: ƒIncremental costs and expenses associated with Product removal and reinstallation resulting from non-standard installations. ƒCosts associated with rental of generating sets used to replace the Product being repaired. ƒCosts associated with labor overtime and premium shipping requested by the owner. ƒAll downtime expenses, fines, all applicable taxes, and other losses resulting from a warrantable failure. Limitations: This limited extended warranty does not cover Product failures resulting from: ƒInappropriate use relative to designated power rating. ƒInappropriate use relative to application guidelines. ƒFailures due to normal wear, corrosion, varnished fuel system parts, lack of reasonable and necessary maintenance, unauthorized modifications and/or repair, and use of add-on or modified parts. ƒImproper and/or unauthorized installation. ƒOwner’s or operator’s negligence, accidents or misuse. ƒNoncompliance with any Cummins Power Generation£published guideline or policy. ƒImproper storage before and after commissioning. ƒOwner’s delay in making Product available after notification of potential Product problem. Limitations Continued: ƒReplacement parts and accessories not authorized by Cummins Power Generation£. ƒUse of Battle Short Mode ƒOwner or operator abuse or neglect such as: operation without adequate coolant or Limited 2 Year Comprehensive Extended Warranty – y G004 Page 2 of 1118-0003 (,VVXH)Effective Date:-DQXDU\ &RS\ULJKW‹&XPPLQV,QF lubricants; overfueling; overspeeding; lack of maintenance to lubricating, cooling or air intake systems; late servicing and maintenance; improper storage, starting, warm-up, run-in or shutdown practices, or for progressive damage resulting from a defective shutdown or warning device. ƒDamage to parts, fixtures, housings, attachments and accessory items that are not part of the generating set. This limited extended warranty does not cover costs resulting from: ƒDifficulty in gaining access to the Product. ƒDamage to customer property. ƒRepair of cosmetic damage to enclosures. www.cumminspower.com CUMMINS POWER GENERATION££RIGHT TO FAILED COMPONENTS: Failed components claimed under warranty remain the property of Cummins Power Generation£. Cummins Power Generation£has the right to reclaim any failed component that has been replaced under warranty. THE WARRANTIES SET FORTH HEREIN ARE THE SOLE WARRANTIES MADE BY CUMMINS POWER GENERATION £IN REGARD TO THE PRODUCT. CUMMINS POWER GENERATION£ MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT IS CUMMINS POWER GENERATION£LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. This limited extended warranty shall be enforced to the maximum extent permitted by applicable law. This limited extended warranty gives the owner specific rights that may vary from state to state or from jurisdiction to jurisdiction. Product Model Number:_______________________ Product Serial Number:________________________ Date in Service:______________________________ power.cummins.com Copyright 201 Cummins *OD All rights reserved. Cummins Power Generation, the “C” logo, and Cummins are trademarks of Cummins Inc. PowerCommand, AmpSentry, InPower and “Our energy working for you.” are trademarks of Cummins Power Generation Inc. Other company, product, or service names may be trademarks or service marks of others. Specifications are subject to change without notice. NA1-971.doc NA1 NOTICE OF INTENT TO AWARD Date : 8/12/25 RE: City of Aspen Project #2025-260 Rubey Pump Station Generator and Access Road We are pleased to inform you that following a competitive Invitation to Bid, a determination was made that your bid was the lowest responsible and responsive bid. Accordingly, the City of Aspen hereby accepts your bid to perform the work outlined in the bid documents for an amount not to exceed One Hundred Fifty Seven Thousand Eight Hundred Thirty Seven Dollars and Sixty Seven Cents ($157,837.67), subject to approval by the City Manager or the Aspen City Council. This contract will be presented to the City Council for approval at their next regular meeting. Your attendance is not necessary although you are most welcome to attend. In accordance with the provisions set forth in the Contract Documents, you must comply with the following conditions precedent within seven (7) consecutive calendar days of the hand delivery or fax transmission of this notice: 1. You must deliver three copies of the executed Contract Documents. 2. You must deliver Performance, Payment, and Maintenance bonds on the City forms. 3. You must deliver proof of insurance coverage, with the City of Aspen named as co-insured, as specified in Contract Documents and proof of Workman’s Compensation coverage. 4. You must obtain a license to do business within the City of Aspen. Contact the Finance department for more information or apply online at www.cityofaspen.com. Failure to comply with these conditions within the specified time will entitle the City of Aspen to consider your bid abandoned, to annul this Notice of Award. Within seven (7) days after you comply with these conditions or following the City Council approval, whichever occurs last, the City of Aspen will return to you one fully signed counterpart of the contract, together with a “Notice to Proceed”. Thank you for your bid and congratulations on being the successful bidder for this project. Sincerely, By: Andy Rossello, P.E. __________________________________________________________________________________________________________________ _ CC1-971.doc Page 12 **CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ____________________) ) SS. COUNTY OF __________________) On this _______ day of ________________________________, 20____, before me appeared ___________________________________________________, to me personally known, who, being by me first duly sworn, did say that s/he is ___________________________________ of _______________________________________________________ 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: _______________________ PB1-971.doc ** PB1 Page 1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, _______________________ __________________________________________________________________ having a legal business (Principal’s Name) address at _____________________________________________________________________________, a _______________________________________________ as Principal, hereinafter called “Principal”, and (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) a corporation organized under the laws of the State of _______________________, 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, as Obligee, hereinafter called “City”, in the amount of: _______________________________________________________________________ ($___________), in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present. WHEREAS, Principal has by written agreement dated ____________________________, 20____, entered into a contract with City for ___________________________________ in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, if Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions 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 incurred 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 force and effect. The Surety hereby waives notice of any 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 contract between such bidder and City, and make available as work progresses (even though there should be a default or succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, including other costs and damages for 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 paragraph, shall mean the total amount payable by City to Principal under the Contract and any amendments thereto, less the amount properly paid by City to Principal. (3) Any contract or 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. PB1-971.doc ** PB1 Page 2 This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Section 38-26- 106, C.R.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 fees and expert witness fees, including, without limitations, the fees of engineering or architectural consultants. Surety, for value received, hereby stipulates and agrees that to indemnify and save harmless the City to the extent of any and all payments in connection with the carrying out of the contract 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 employees from and against all claims and actions and all expenses incidental to the defense of such claims or actions, based upon or arising 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 action shall accrue on this Bond to or for 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 day of ________________________________, 20____. PRINCIPAL: (seal) By: Attest: __________________________________ Title: SURETY: ________________________________________________________________________________ (seal) By: Attest: Title: NOTE: Accompany this bond with certified copy of General Power of Attorney from the Surety to include 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. _____________________________________________________________________________________________________________________ YB1-971.doc **YB1 Page: 1 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as, having a legal business (Principal’s Name) address at , (Principal’s Address) a , as Principal, hereinafter called “Principal”, and (Corporation, Partnership, or Individual) , (Surety’s Name) , (Surety’s Address) a corporation organized under the laws of the State of , 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, as Obligee, hereinafter called “City”, in the amount of : ($ ), in lawful money of the United States for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly unto these present. WHEREAS, Principal has by written agreement dated , 20___, entered into a contract with the City for a project entitled: ______________________________________________________(project no._________ ) in accordance with the Contract Documents which Contract Documents is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants hereinafter defined, for all labor and material used or reasonably required for the use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as having a direct contract with the Principal or with subcontractor of the Principal for 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 Surety 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 claimant, 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 shall commence hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal shall have given written notice to any of the following: The Principal, the City, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the material for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work of labor was done or performed. Such notice shall be served by mailing the same registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, City or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Colorado. _____________________________________________________________________________________________________________________ YB1-971.doc **YB1 Page: 2 (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed 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 jurisdiction in and for the County of Pitkin, State of Colorado. 4. The amount of this Bond shall be reduced to the extent of any payment or payments made hereunder, inclusive of the payment by surety of 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 Bond 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 right of any beneficiary hereunder, whose claim may be unsatisfied. SIGNED AND SEALED this day of ______________________________________, 20____. PRINCIPAL: (seal) By: Attest: Title: SURETY: ________________________________________________________________________________ (seal) By: Attest: Title: 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 date of Contract). If Principal is a Partnership, all partners should execute Bond. MB1-971.doc **MB1 Page: 1 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as __________________________________, of _______________________________________, as Principal, hereinafter referred to as "Principal", and ______________________________________________________________________________________ , a corporation organized under the laws of the State of ____________________________ , 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: ______________________________________________________________________________________ Dollars ($_____________________), lawful money of the United States of America, for the Payment of which sum, well 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: WHEREAS, said Principal has entered into a written Contract with the obligee dated ___________________, for furnishing all equipment, labor, tools and materials for: _____________________________________________________ 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 hereto and made a part hereof. NOW THEREFORE, The conditions of the foregoing obligations are such that if the said Principal shall well and truly perform all the covenants and conditions of this Contract on the part of said Principal to be performed, and repair or replace all defects for a period of two year(s) as provided herein, and protect and save harmless the City of Aspen, Colorado, from all loss and damages to life or property suffered or sustained by any person, firm or corporation, caused by said Principal or his agents or his employees, in the performance of said work, or by, or in consequence of any negligence, carelessness, or misconduct in guarding and protecting same, 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. This Bond guarantees that the material and equipment furnished and used, and workmanship employed in the performance of the work described in this Contract will be of such character and quality as to 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 period of two year(s) from the date of the issuance of the Certificate of Completion. This Bond guarantees that the said Principal will keep and maintain the subject work without additional charge or cost to the City of a period specified, and make such repairs or replacement of any defective construction as the City may deem necessary. MB1-971.doc **MB1 Page: 2 The said Principal shall not be required to maintain any part of the improvement under this guarantee which, after its completion and acceptance shall have been removed or altered by the City or its agent. SIGNED AND SEALED this day of ________________________________, 20___. PRINCIPAL: (seal) By: Attest: Title: SURETY: ________________________________________________________________________________ (seal) By: Attest: Title: (Accompany this bond with certified copy of General Power of Attorney from the Surety Company to include the date of the bond.) NA1-971.doc NA1 NOTICE TO PROCEED Date: RE: Project 2025-260 Rubey Pump Station Generator and Access Road Dear Mr. , Enclosed please find an executed copy of the Contract Documents for the above referenced project. You are hereby informed to attend a mandatory Pre-construction Conference and you are authorized to commence construction thereafter as set forth in the Contract Documents. The Commencement Date of the contract performance time is the date fixed for the Pre-construction Conference. The date for the Pre-construction Conference will be set by Andy Rossello or his designated representative. If you have any questions concerning this project please do not hesitate to call Andy Rossello, Project Manager Utilties at (970) 429-1999. Again, thank you for your bid and you continued interest in this project. Sincerely, CITY OF ASPEN By: Andy Rossello, P.E. Project Manager, Utilities ENG-304 DCL1 Daily Construction Log 427 Rio Grande Place, Aspen, Colorado 81611 PROJECT # 2025-260 PROJECT TITLE: - Rubey Pump Station Generator and Access Road PROJECT LOCATION: 220 American Lane, Aspen Co 81611 DATE: PAGE OF WEATHER: TRAFFIC CONDITIONS: WORKING DAYS USED WORKING DAYS LEFT CONTRACTOR : SUPERINTENDENT: INSPECTOR: BID ITEM DESCRIPTION CONTRACT QUANTITY TODAY’S QUANTITY TOTAL TO DATE SUMMARY OF TODAY’S WORK AND COMMENTS: CONTRACTOR: CITY INSPECTOR: DATE: APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 AMENDED PAGE 1 OF 1 PAGES TO OWNER: City of Aspen PROJECT: Rubey Pump Station Generator and Access Road APPLICATION NO: 1 Distribution to: c/o Andy Rossello, P.E. Aspen, CO 81611 APPLICATION DATE: PERIOD TO: OWNER CONTRACT FOR: 2025-260 Rubey Pump Station Generator and Access Road FROM CONTRACTOR: PROJECT NOS.: CONTRACT DATE: CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- Application is made for payment, as shown below, in connection with the Contract. mation and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the 1. ORIGINAL CONTRACT SUM $ Contractor for Work for which previous Certificates for Payment were issued and pay- 2. Net change by Change Orders $ ments received from the Owner, and that current payment shown herein is now due. 3. CONTRACT SUM TO DATE (Line 1 +2) $ CONTRACTOR: 4. TOTAL COMPLETED & STORED TO DATE $ By: Date: 5. RETAINAGE: a. 5% % of Completed Work $ State of: Colorado County of: Pitkin Subscribed and sworn to before b. 5% % of Stored Material $ me this day of 6. 7. 8. 9. $ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in $0.00 $0.00 previous months by Owner Total approved this Month $0.00 TOTALS $0.00 $0.00 NET CHANGES by Change Orders $0.00 BY: BY: DATE: DATE: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con- tractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Notary public : My commission expires: ARCHITECT & CONSTRUCTION MANAGER'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED ........................................................................................... $ (Attach explanation if the amount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified.) Total Retainage (Line 5a + 5b) TOTAL EARNED LESS RETAINAGE (Line 4 less Line 5 Total) LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) CURRENT PAYMENT DUE BALANCE TO FINISH, INCLUDE RETAINAGE (Line 3 less Line 6) $ $ $ $ Rubey Pump Station Generator and Access RoadPay ApplicationItem Number Description QuantityQuantity TypeMaterials Cost (Each)Labor & Misc Cost (Each)Labor & Materials. Total Cost Previous App This App1Construction Management Plan1LS$0.002Mobilization1LS$0.003Detouring and Traffic Control1LS$0.004Earthwork for access road including overexcavation and subgrade and road base installation for access Rd.110 C.Y.$0.005 Excavation and Backfill for Generator 3 C.Y.$0.006 Trenching and Conduit for Controls and Electrical 35 LF$0.007 Trenching for Stormwater and Drainline connection 160 LF$0.008 Concrete Pad installation 1 LS$0.009 Access Road Backfill and Compaction 1 LS$0.0010 Automatic Transfer Switch Installation 1 LS$0.0011 Electrical for Generator and HCE Coordination 1 LS$0.0012 Trenching and Gas Line install 170 LF$0.0013 Crane and Equipment to set Generator 1 LS$0.0014 Commission Generator 1 LS$0.0015 Erosion and Sediment Control 1 LS$0.0016 Site Restoration/Revegetation 1 LS$0.0017Asphalt repair2 Tons$0.0018 Pitkin County Permits 1 LS$0.0019 MISC. PERMITS (Holy Cross, Black Hills)1LS$0.00$0.00Add/Alt 1 Asphalt install for Access Road 50 Tons$0.00Materials Cost Total:$0.00Labor Cost Total:$0.00Labor and Materials Total: $0.00$0.00Total This AppREVISION: 0DESCRIPTION: ISSUED FOR CONSTRUCTIONDATE: 2022-02-03Sheet 1 of 1 Change Order Form Revision 1/19/2024 Page 1 of 2 Change Order Form General Information Vendor Change Order Number Date of Issuance Project Name Project Number Project Completion Date Project Manager COA Account Code Project Information Description Of Service Description Of Change Order Change Order Form Revision 1/19/2024 Page 2 of 2 Contract Information Original Contract Amount $ Previous Change Order(s) $ Change Order Amount (If Over $100k Change Order To Be Presented To Council For Approval) $ Final Contract Amount (Including All Change Orders) $ Revised Completion Date Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 4. Procurement Officer (Required) 5. City Attorney (Required Based On Value Of Thresholds) 6. City Manager (Required Based On Value Of Thresholds) Original contract, if applicable all other change orders, and vendor quote for requested change order must be attached to this document. For additional information: See Procurement Policy ***CR2 CLAIM RELEASE Contractor For valuable consideration, the sufficiency of which is hereby acknowledged, the undersigned Contractor hereby releases the City of Aspen and waives all rights to file a claim for labor, services, machinery, tools, equipment, or materials furnished prior to , while engaged as a Contractor for the work on the 2025-260 Rubey Pump Station Generator and Access Road Project, in the City of Aspen, Pitkin County, Colorado. Furthermore, the undersigned waives any and all rights the undersigned may have to file a lien, notice of claim, lis pendens or legal action against the City of Aspen, pursuant to Section 38-26-107, C.R.S., or to make any claim whatsoever against the City of Aspen, or its bond, for labor services, supplies, machinery, tools, equipment or materials furnished in connection with the above described work.. In the event an employee or agent or other person hired by the undersigned Contractor to perform the work under the contract brings a claim against the City of Aspen for payment of labor or materials, or both, the undersigned Contractor agrees to indemnify the City of Aspen and to satisfy fully any such claim brought against the City of Aspen, its employees and officers. Attest: Corporate Seal Conntractor By: STATE OF COLORADO ) ) SS. COUNTY ) Before me , a notary public and for County, Colorado personally appeared known to me personally to be the person(s) whose signature(s) in my presence this day of , A.D. 199 . My commission expires: (Seal) Notary Public CR1.971.DOC ***CR2 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, equipment, or materials furnished prior to , while engaged as a Sub-Contractor to _____________________________, the Contractor, for the work on Project 2025-260 Rubey Pump Station Generator and Access Road, in the City of Aspen, Pitkin County, Colorado. Furthermore, the undersigned waives any and all rights the undersigned may have to file a lien, notice of claim, lis pendens or legal action against the City of Aspen, pursuant to Section 38-26-107, C.R.S., or to make any claim whatsoever against the City of Aspen, or its bond, for labor services, supplies, machinery, tools, equipment or materials furnished in connection with the above described work.. In the event an employee or agent or other person hired by the undersigned 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-Conntractor By: STATE OF COLORADO ) ) SS. COUNTY ) Before me , a notary public and for County, Colorado personally appeared known to me personally to be the person(s) whose signature(s) in my presence this day of , A.D. 20 . My commission expires: (Seal) Notary Public 2.971.DOC ***CR2 PROJECT CLOSURE FORM ADVERTISEMENT AND FINAL ACCEPTANCE Date: _______________ Contact Person Company Address City, State Zip Re: Rubey Pump Station Generator and Access Rd. City Project #: 2025-260 You are hereby notified that the following advertisement for Final Payment appeared in a local newspaper dated . "After thirty (30) consecutive calendar days from the date of second publication for project closure and release of retainage, the City of Aspen will pay to Contractor's Name, Contractor, the full retainage on the project. All persons having claims for labor, rentals, services, or materials furnished under this Contract, who shall not have been paid therefore, shall present the same to the City of Aspen in writing and verified prior to date specified above, or the City of Aspen shall be free of all obligations and liabilities for attempting to withhold payment to the Contractor." Subject to the terms of the Contract Documents the Final Payment will be attached and forwarded in the amount of ($____). Acceptance of which the Contractor thereby warrants that all persons doing work upon or furnishing materials for work under this Agreement have been paid in full. Failure to sign, approve and return one copy of this form, or to protest, within ten (10) consecutive calendar days constitutes proof of receipt and acceptance by the Contractor of the final amount due under the Agreement. Please acknowledge by your signature below that the final amount of the Contract was paid and that the terms and conditions set forth above and in the Contract Documents relating to final payment are understood and accepted. Contractor CLOSURE1.doc _________________________________________________________________________________________________________ APA APPENDIX A: Plan Drawings Know what'sbelow.before you dig.CallRALOT 25.640 AC.±220 AMERICAN LANECOBCCDph 970.945.5544 fx 970.945.5558 www.mountaincross-eng.com826 1/2 Grand Avenue Glenwood Springs, CO 81601ENGINEERING, INC.Civil and Environmental Consulting and DesignMOUNTAIN CROSSCivil Site PlanCITRINE LLC 2023. ALL RIGHTS RESERVED.BAR IS ONE INCH ONORIGINAL DRAWING.ISSUEDATENO.REVISIONCHKDWNLEADDSGNAPVRESPONSIBLE ENGINEERPE # 35964 PROJNOSCALEDWG NOREVCITY OF ASPEN540 E. MAIN STREETASPEN, CO 81611710 Kipling StSuite 406Lakewood, CO 80215744 Horizon CtSuite 135Grand Junction, CO 81506RUBEY PUMP STATION220 AMERICAN LANEASPEN, COLORADO 81611GENERAL NOTES:1. The erosion control measures are shown schematically on the plan sheets. The Contractor isresponsible for placing the erosion control measures as required to protect the site from erosion andtransportation of sediment from the site. The Owner's representative and the Engineer may requiremore or less erosion control measures.2. Erosion control measures shall be placed before construction begins and/or placed immediatelyafter disturbance. Construction activities shall be phased to minimize soil exposure. Sedimenttrapping practices shall be installed and stabilized before site grading or other construction isinitiated.3. All disturbed areas and soil stockpiles shall be surface roughened, mulched, or seeded andmulched to protect from erosive forces if they will remain exposed and inactive for periods longerthan fourteen (14) days, or if soil will be exposed during winter, so erosion will not occur duringspring snow melt. Disturbed areas shall be mulched, or seeded and mulched within seven (7) daysafter final grade is reached.4. The contractor shall inspect all erosion and sediment control devices after any precipitation eventduring construction, and make any necessary repairs immediately thereafter. At a minimum,erosion and sediment control devices shall be inspected monthly. An inspection log shall be kepton-site for review by Officials until the project is complete.5. Dust control during construction shall be provided by the use of watering. Disturbed areas andstockpiles shall be sprayed with water as necessary to control dust.6. Rock socks will be placed at any stormwater runoff points of concentration as necessary toprevent erosion and sedimentation from disturbed areas.7. Silt fence shall be installed along the edge of areas disturbed by construction and aroundstockpiles. Silt fence shall be staked every six feet and buried six inches at the bottom of the fence.8. Topsoil shall be spread on all disturbed areas and revegetated per the landscape plan. If thelandscape plan does not specify vegetation in area disturbed, area shall be seeded with Co-op"Mountain Mix" native grass seed hand broadcast at a rate of 30 pounds/acre, raked in and mulchedwith certified weed free straw mulch. The seed may be drill seeded as an alternative to handbroadcast, raked and mulched. Grass or straw mulch shall be crimped in place.9. Contractor responsible to obtain all necessary permits and/or approvals prior to beginningconstruction.10. Existing utility locations are estimated from utility locates performed by others and bestavailable information. Contractor responsible to coordinate locating all utilities, potholing ifnecessary. Contractor responsible for any and all damage to utility lines.11. Contractor to coordinate with geotechnical engineer for recommendations concerning trenchstability, safety, and shoring.12. Concrete shall conform to the requirements of ACI 301. Minimum strength: f'c = 4500 psi at 28days. Placement shall conform to ACI 614.13. Rebar shall conform to the requirements of ASTM A615 Deformed Steel, Grade 60. Concreteexposed to earth: 3" clear. Concrete exposed to weather: 2" clear.14. Maintain horizontal and vertical separations between utilities per Tables 3.2.7.1 & 3.2.7.2 ofthe City of Aspen Water Distribution Standards.15. Project benchmark per surveyor. Call to coordinate.16. Stockpiles to be located on-site in designated location. Stockpiles to be covered to preventoffsite material transport.17. Temporary restroom facilities to be provided by porta-potty pumped and maintained byqualified contractor.18. Concrete washout to be kiddie-pool type and disposed of in appropriate location.19. Water line to be constructed per specifications of City of Aspen.20. Traffic control to be per M.U.T.C.D. and applicable specifications.21. Water equipment and lines to be swabbed for disinfection.22. All work on meter and motor-operated butter-fly valve to be completed within 24 hour periods.EEROSION CONTROL LEGENDFEF F SILT FENCE ROCK SOCK ENot to ScaleNot to Scale GAS TRENCH DETAIL ANot to ScaleC CONDUIT TRENCH DETAIL Not to ScaleB DRIVEWAY SECTION Not to ScaleC DRIVEWAY DRAIN Not to ScaleDDph 970.945.5544 fx 970.945.5558 www.mountaincross-eng.com826 1/2 Grand Avenue Glenwood Springs, CO 81601ENGINEERING, INC.Civil and Environmental Consulting and DesignMOUNTAIN CROSSCivil DetailsCITRINE LLC 2023. ALL RIGHTS RESERVED.BAR IS ONE INCH ONORIGINAL DRAWING.ISSUEDATENO.REVISIONCHKDWNLEADDSGNAPVRESPONSIBLE ENGINEERPE # 35964 PROJNOSCALEDWG NOREVCITY OF ASPEN540 E. MAIN STREETASPEN, CO 81611710 Kipling StSuite 406Lakewood, CO 80215744 Horizon CtSuite 135Grand Junction, CO 81506RUBEY PUMP STATION220 AMERICAN LANEASPEN, COLORADO 81611 ph 970.945.5544 fx 970.945.5558 www.mountaincross-eng.com826 1/2 Grand Avenue Glenwood Springs, CO 81601ENGINEERING, INC.Civil and Environmental Consulting and DesignMOUNTAIN CROSSCivil SpecificationsCITRINE LLC 2023. ALL RIGHTS RESERVED.BAR IS ONE INCH ONORIGINAL DRAWING.ISSUEDATENO.REVISIONCHKDWNLEADDSGNAPVRESPONSIBLE ENGINEERPE # 35964 PROJNOSCALEDWG NOREVCITY OF ASPEN540 E. MAIN STREETASPEN, CO 81611710 Kipling StSuite 406Lakewood, CO 80215744 Horizon CtSuite 135Grand Junction, CO 81506RUBEY PUMP STATION220 AMERICAN LANEASPEN, COLORADO 81611 ph 970.945.5544 fx 970.945.5558 www.mountaincross-eng.com826 1/2 Grand Avenue Glenwood Springs, CO 81601ENGINEERING, INC.Civil and Environmental Consulting and DesignMOUNTAIN CROSSCivil SpecificationsCITRINE LLC 2023. ALL RIGHTS RESERVED.BAR IS ONE INCH ONORIGINAL DRAWING.ISSUEDATENO.REVISIONCHKDWNLEADDSGNAPVRESPONSIBLE ENGINEERPE # 35964 PROJNOSCALEDWG NOREVCITY OF ASPEN540 E. MAIN STREETASPEN, CO 81611710 Kipling StSuite 406Lakewood, CO 80215744 Horizon CtSuite 135Grand Junction, CO 81506RUBEY PUMP STATION220 AMERICAN LANEASPEN, COLORADO 81611 CONCRETE SLAB, LIGHT BROOM FINISH 6" COMPACTED AGGREGATE BASE COMPACTED SUBGRADE6"#4 REBAR STEEL REINFORCEMENT, CENTER IN SLAB, 12" O.C. EACH WAY 3" TYP.12"#4 CONT. BAR 12 6" CONCRETE SLAB. SEE DETAIL B FOR MORE INFORMATION. 8'-6"4'-0"CITRINE LLC 2025. ALL RIGHTS RESERVED.1 2 3 4 5 6 D BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 ISSUE DATENO.REVISION CHKDWN LEAD DSGN APV RESPONSIBLE ENGINEERPE # 0058751REUSE OF DOCUMENTS: THIS DOCUMENT, AND THE IDEAS AND DESIGNS INCORPORATED HEREIN, AS AN INSTRUMENT OF PROFESSIONAL SERVICE, IS THE PROPERTY OF CITRINE LLC AND IS NOT TO BE USED, IN WHOLE OR IN PART, FOR ANY OTHER PROJECT WITHOUT THE WRITTEN AUTHORIZATION OF CITRINE LLC.©PROJ NO SCALE DWG NO REV CITY OF ASPEN 540 E. MAIN STREET ASPEN, CO 81611 710 Kipling St Suite 406 Lakewood, CO 80215 744 Horizon Ct Suite 135 Grand Junction, CO 81506 C B A S-300 0 STANDBY POWER SYSTEM STRUCTURAL CONCRETE SLAB FOR GENERATOR 2024-0149 NONE 0 05/15/2025 ISSUED FOR CONSTRUCTION AMC -TT TT RUBEY PUMP STATION 220 AMERICAN LANE ASPEN, COLORADO 81611 A CONCRETE SLAB PLAN VIEW NO SCALE B TYPICAL SECTION NO SCALE COLORA D O L ICE NS E DPR O FESSIONA L E N GINEERHUN G T RA N MAY-15-2025 UTILITY XFMR 75kVA (E) M CT CABINET (E) (GROUND LEVEL) PNL HP1 (E) XFMR T1 (E) PNL LP1 (E) (EXTERIOR)(INTERIOR) PORTABLE GENERATOR CONNECTION PANEL (E) 200A SERVICE SWITCH 3P2T (E) DOOR (E) GEN CONNECTION PANEL 4"C (E) 3P2T CT (E) 4"C (E) LP1 (E)HP1 (E) T1 (E) FAN (E) M 1 CTRL PNL3 RETAINING WALL (E) METER (E) RETAINING WALL (E) CT (E) (E) (E) 1 2 2 3P2T CITRINE LLC 2025. ALL RIGHTS RESERVED.1 2 3 4 5 6 D BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 ISSUE DATENO.REVISION CHKDWN LEAD DSGN APV RESPONSIBLE ENGINEERPE # 56002REUSE OF DOCUMENTS: THIS DOCUMENT, AND THE IDEAS AND DESIGNS INCORPORATED HEREIN, AS AN INSTRUMENT OF PROFESSIONAL SERVICE, IS THE PROPERTY OF CITRINE LLC AND IS NOT TO BE USED, IN WHOLE OR IN PART, FOR ANY OTHER PROJECT WITHOUT THE WRITTEN AUTHORIZATION OF CITRINE LLC.©PROJ NO SCALE DWG NO REV CITY OF ASPEN 540 E. MAIN STREET ASPEN, CO 81611 710 Kipling St Suite 406 Lakewood, CO 80215 744 Horizon Ct Suite 135 Grand Junction, CO 81506 C B A E-300 0 STANDBY POWER SYSTEM ADDITION EXISTING ELECTRICAL POWER PLANS AND SINGLE-LINE RISER DIAGRAM 2024-0149 NONE 0 05/15/2025 ISSUED FOR CONSTRUCTION AMC -DGK DGK RUBEY PUMP STATION 220 AMERICAN LANE ASPEN, COLORADO 81611 KEY NOTES EC TO CONFIRM EXISTING CONDUIT STUB-UP LOCATIONS AS SHOWN ON DRAWINGS. REMOVE EXISTING CONDUCTORS FROM SERVICE SWITCH TO HP1. EXISTING CONDUIT TO BE REUSED. REFERENCE NEW WORK PLANS FOR ADDITIONAL INFORMATION. 3 1 ELECTRICAL CONTRACTOREC EXISTING EQUIPMENT TO BE DEMOLISHED LEGEND EXISTING EQUIPMENT TO REMAIN UNLESS OTHERWISE NOTED M ELECTRICAL UTILITY METER PANELPNL UTILITY METERING CIRCUIT TRANSFORMER CABINETCT CONTROL EXISTING EQUIPMENT TO REMAIN(E) CTRL ELECTRICAL TRANSFORMERXFMR THREE POLE, DOUBLE THROW3P2T REMOVE EXISTING CONDUCTORS FROM UTILITY XFMR TO SERVICE SWITCH. EXISTING CONDUIT AND CT CABINET TO BE REUSED. REFERENCE NEW WORK PLANS FOR ADDITIONAL INFORMATION. 2 EXISTING ELECTRICAL SINGLE-LINE RISER DIAGRAMA NO SCALE EXISTING ELECTRICAL PLAN (PARTIAL)B NO SCALE EXISTING EXTERIOR EQUIPMENT - FRONT ELEVATIONC NO SCALE ELECTRICAL GENERATORGEN MAY-15-2025 GENERATOR ATS UTILITY XFMR 75kVA (E) DI G N RTU N SOURCE E SOURCE START ALARM RUN GND N LINE LINE 5 M CT CABINET (E) 6 #14 CU 4 #12 CU, #12 GND 4 #3/O CU, #6 GND 4 #1/O CU, #6 GND CONDUCTOR SCHEDULE A B C Y 8 #14 CUZ N E L OTEC ATS 125A (N) G GENERATOR 70kW / 88kVA 277/480V 3Ø (N) RTU (N) (GROUND LEVEL) PNL HP1 (E) 20A 20A PNL LP1 125A XFMR T1 (E) PNL LP1 (E) (EXTERIOR)(INTERIOR) 5 J PULLBOX 24"W X 24"H X 6"D (N) B (E) A A Z C A B 7 6 N 3"C (E)2"C (N) 1 1 2 1"C (N) 3 4 Y C C Z 3/4"C (N) 3/4"C (N) 4"C (E) 2"C (N) 2"C (N) CT (E) 4"C (E) LP1 (E)HP1 (E) T1 (E)CTRL PNLMETER (E) RETAINING WALL (E) ATS (N) 2"C (N) PULLBOX (N) 4"C (E) DOOR (E)CT (E) FAN (E) 2"C (N) 3"C (E) RETAINING WALL (E) (E) 1"C (N) PULL BOX (N) OTEC ATS (N) M7 3 4 "C (N) 6 6 9 CITRINE LLC 2025. ALL RIGHTS RESERVED.1 2 3 4 5 6 D BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 ISSUE DATENO.REVISION CHKDWN LEAD DSGN APV RESPONSIBLE ENGINEERPE # 56002REUSE OF DOCUMENTS: THIS DOCUMENT, AND THE IDEAS AND DESIGNS INCORPORATED HEREIN, AS AN INSTRUMENT OF PROFESSIONAL SERVICE, IS THE PROPERTY OF CITRINE LLC AND IS NOT TO BE USED, IN WHOLE OR IN PART, FOR ANY OTHER PROJECT WITHOUT THE WRITTEN AUTHORIZATION OF CITRINE LLC.©PROJ NO SCALE DWG NO REV CITY OF ASPEN 540 E. MAIN STREET ASPEN, CO 81611 710 Kipling St Suite 406 Lakewood, CO 80215 744 Horizon Ct Suite 135 Grand Junction, CO 81506 C B A E-301 0 STANDBY POWER SYSTEM ADDITION NEW WORK ELECTRICAL POWER PLANS, SINGLE-LINE RISER DIAGRAM AND CONTROL WIRING DIAGRAM 2024-0149 NONE 0 05/15/2025 ISSUED FOR CONSTRUCTION AMC -DGK DGK RUBEY PUMP STATION 220 AMERICAN LANE ASPEN, COLORADO 81611 KEY NOTES EC TO CONFIRM NEW CONDUIT ROUTING AND STUB-UP LOCATIONS AS SHOWN ON DRAWINGS. REFERENCE CIVIL AND STRUCTURAL DRAWINGS FOR ADDITIONAL INFORMATION. ROUTE NEW CONDUCTORS IN EXISTING CONDUIT FROM UTILITY XFMR TO ATS VIA CT CABINET. EC MAY REUSE EXISTING CONDUCTORS IF THEY ARE OF SUFFICIENT LENGTH. DO NOT SPLICE CONDUCTORS. PROVIDE DEDICATED 120 VOLT CIRCUIT FOR 1500W COOLANT HEATER. PROVIDE ONE 120 VOLT CIRCUIT TO SERVE BATTERY CHARGER, BATTERY HEATER, AND OIL PAN HEATER. TOTAL CONNECTED LOAD: 467W. ELECTRICAL CONTRACTOR SHALL TERMINATE ALL COMPONENTS AT DESIGNATED AC TERMINAL CONNECTIONS WITHIN THE GENERATOR ENCLOSURE. AT A MINIMUM, PER NEC 702.6, SIGNALS SHALL INCLUDE "GENERATOR MALFUNCTION" (ALARM) AND "ATS TRANSFERRED TO GENERATOR" (E SOURCE). TLECC TO PROVIDE RTU INPUTS FOR SIGNALS AS SHOWN IN AUX POWER AND CONTROL WIRING DIAGRAM. PER NEC 725.49(A), CONTROL CIRCUITS ROUTED IN THE SAME RACEWAY AS POWER CIRCUITS MUST USE THE SAME INSULATION RATING AS THE POWER CIRCUITS. EXISTING WALL PENETRATION. NEW WALL PENETRATION. EXACT LOCATION AND CONDUIT ROUTING TO BE DETERMINED IN THE FIELD. REFERENCE NEW WORK PANEL SCHEDULE. SECURE ATS CABINET TO WALL USING (6) 0.25" DIA. x 1.875" KH-EZ SCREW ANCHORS (1 SCREW AT EACH CORNER OF CABINET, AND (1) AT MID-HEIGHT ON EACH SIDE). 4 2 1 3 TIMBERLINE ELECTRIC & CONTROLS CORP.TLECC EXISTING WIRING LEGEND NEW WIRING EXISTING EQUIPMENT TO REMAIN(E) NEW EQUIPMENT(N) MAIN CIRCUIT BREAKERMCB MAIN LUG ONLYMLO 5 GROUNDG NEUTRALN ELECTRICAL CONTRACTOREC J ELECTRICAL JUNCTION BOX PANELPNL UTILITY METERING CIRCUIT TRANSFORMER CABINETCT CONTROLCTRL ELECTRICAL TRANSFORMERXFMR M ELECTRICAL UTILITY METER AUTOMATIC TRANSFER SWITCHATS 6 7 8 NEW ELECTRICAL SINGLE-LINE RISER DIAGRAMA NO SCALE NEW ELECTRICAL PLAN (PARTIAL)C NO SCALE NEW EXTERIOR EQUIPMENT - FRONT ELEVATIOND NO SCALE NEW WORK PANEL SCHEDULE LP1E NO SCALE AUX POWER AND CONTROL WIRING DIAGRAMB NO SCALE ELECTRICAL GENERATORGEN 9 MAY-15-2025 2245 W Saddle Way, Taylorsville Utah 84129 Mechanical, Electrical, and Power Generation. Installation, Repair, and Maintenance. City of Aspen Colorado 427 Rio Grande Place Aspen, CO 81611 RE: propose scope of work for project Rubey Pump Generator install 220 American Lane Aspen, CO 81611 Prime contract  Pre-Construction meeting to verify the following o Proposed location of trenching and road closure. o Remove complete sidewalk to right of door starting from edge of door to east. o Install ATS on Strut on furthest wall to east o Conduit from New ATS to existing Fused Disconnect o Conduit and underground from generator to new ATS o Yes or no on Adder for access road.  Permitting o Submit permitting to City of Aspen once proposed scope is approved based on plans provided by the City of Aspen.  Stake out and paint out area for generator install  If approved stake out area for access road  Call for public locate  Perform in house locate for private verification  Call for land surveyor as called out in Civil site plan, section 4.4, and section 7.0 to verify stakes and bench marks. Make corrections as needed Install of generator:  Remove sidewalk to right of access door to furthest east and dispose of concrete  Mount ATS to wall on East side using strut  Dig conduit underground  Dig NG Trench  If needed place bedding in trenches  Place underground conduit  Call for underground inspection  Call for Black Hills install  Backfill conduit and NG area  Remove native material and form road bed per plans  Install road bed.  Perform back fill compaction test(s) as required  Request nuclear test for soil compaction  Form to replace slab and install generator pad.  Pour pad to specifications 2245 W Saddle Way, Taylorsville Utah 84129 Mechanical, Electrical, and Power Generation. Installation, Repair, and Maintenance.  Install generator  Pull conductors per plans  Request outage with Holy Cross  Remove existing circuits from existing sub panel LP1E  Reinstall circuits in new panel LP1E  Install circuits from existing CT cabinet to ATS and from ATS to existing disconnect.  Call for power to panel inspection  Call for Holy Cross re-energization  Plummer to set regulator and fittings from regulator to generator.  Purge gas line  Call for Onan/Cummins start up. Alternate  Lay asphalt to City supplied specifications Both  Re-seed area with native grass.  No trees to be disturbed  Final sign off. Amendments: Received amendment 1 & 2