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HomeMy WebLinkAboutresolution.council.011-26RE SOLUTION # 011 (Series of 2026) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT A.N�NDMENT BETV'iTEEN THE CITY OF ASPEN AND THE HASKELL COMPANY AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO, �'VHEREAS, there has been submitted to the City Council a contract amendment for the procurement of long -lead items, construction of buried piping, and construction of filtration system improvements at the City's Water Treatment Facility in Aspen, between the City of Aspen and The Haskell Company, a true and accurate copy of which is attached hereto as Exhibit "A'% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that contract amendment for the construction of buried piping and filtration system improvements at the City's Water Treatment Facility in Aspen, between the City of Aspen and The Haskell Company, 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 13th day of January 2026. Rachael E. Richards, May 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, January 13', 2026. Nicole Clty Clerk Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 2024452.01 RESO 2025-016 � I I I � I I I' Docusign Envelope ID: F6D8F7E9-2F89-4DD3-9DF1-CDCF812B5631 i �go Better Projects, Together. Docusign Envelope ID: F6D8F7E9-2F89-4DD3-9DF1-CDCF812B5631 Copyright ©2023 Water Collaborative Delivery Association. All rights reserved. WCDA NO. CMAR-109-2023 By using this WCDA template document, you agree to the terms outlined below: The Water Collaborative Delivery Association (WCDA) provides this template document for general educational purposes only. Because every project has unique characteristics and requirements, owners and other industry participants should obtain advice from an experienced CMAR professional on how the general principles and guidance contained in this publication apply to a particular project. This publication does not constitute and should not be considered to be legal advice. Parties seeking legal advice should consult with legal counsel familiar with their particular circumstances. You acknowledge that WCDA documents are protected by US and international copyright laws. Content used for any purpose must maintain unaltered copyright and other proprietary notices, including attribution to Water Collaborative Delivery Association as the source of the content. All copies you make of our content to distribute must carry the following notice: "Reproduced with permission. Copyright © 2023 Water Collaborative Delivery Association. All rights reserved." This WCDA template document cannot be sold or otherwise monetized by owners or other entities. This template can be reproduced and moded, where indicated, for procurement and education purposes only. This document was developed by WCDA with the support and review of our members via a pro bono task force of dedicated subject matter experts, including Jessica Adams -Weber, PE (HDR), David Rieken, Jr., PE, DBIA, ENV SP (Sundt Construction), Catherine Lang, Esq. (HDR), Michael C. Loulakis, Esq., FDBIA (Capital Project Strategies, LLC), Peter W. Tunnicliffe, PE, DBIA, CIRM (CDM Smith), and Paul Franke, Esq. (Polsinelli). Water Collaborative Delivery Association PO Box 13333, 951 20th Street Denver, CO 80201 303-641-0550 info(a,WaterCollaborativeDel ivery.org https://watercollaborativedelive[y.org Copyright ©2023 Water Collaborative Delivery Association I Exhibit E to CMAR Agreement — Phase I Early Work 11 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 CONTENTS ARTICLE 1 — Phase I Early Work Package Construction Price Amendment ..........1 ARTICLE2 —The Work................................................................................................ 2 ARTICLE 3 —Contract Time........................................................................................ 2 ARTICLE 4 — Phase I Early Work Package Price.......................................................2 ARTICLE 5 —Cost of the Work.................................................................................... 4 ARTICLE 6 —Excluded Costs..................................................................................... 7 ARTICLE7 —Discounts............................................................................................... 7 ARTICLE 8 —Schedule of Values............................................................................... 7 ARTICLE 9 —Interest on Past Due Payments............................................................ 7 ARTICLE 10 —Contingency........................................................................................ 8 ARTICLE11 —Savings................................................................................................ 9 ARTICLE 12 —Early Completion Bonus...................................................................10 ARTICLE13 — Retainage...........................................................................................10 ARTICLE 14 —Final Payment....................................................................................11 ARTICLE 15 —Fee for Termination for Convenience..............................................11 ARTICLE 16 —Dispute Resolution............................................................................11 ARTICLE 17 —Miscellaneous....................................................................................11 Attachment 1—Scope of the Work, Document List..................................................13 Attachment 2—Phase I Early Work Package Price and Construction General Conditions Cost Summaries......................................................................................14 Attachment 3—List of Allowances.,.. we mozoo we one mom onomm womoom swoon mmonnoonomo none nnnnnono 15 Attachment 4—Early Work Package Request for Information (RFI) Log................16 Attachment 5—CMAR Schedule of Qualifications, Assumptions, Clarifications, Exclusions...................................................................................................................17 Attachment 6—CMAR Risk Register.........................................................................19 Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 111 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 Attachment 7—Sales, Consumer, use, and Similar Taxes Tort e Work Included in the Phase I Early Work Package Price......................................................................20 Attachment O—Drawings and Specifications for the Work ..................................... 21 Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 1V Package Price Amendment Docusign Envelope ID: F6D6F7E9�2F694DD3-9DF1-CDCF312D5631 Exhibit D.1 Phase I Early Work Package Price Amendment Effective Date of this Amendment: January 13' , 2026 Effective Date of CMAR Construction Agreement and General Conditions February 11 ", 2025 Owner. City of Aspen CMAR: The Haskell Company Facility: Castle Creek Water Treatment Facility Project: Water Treatment Facility Improvements Project Owner Project No.: 2024452 CMAR Project No.: 6704228 This Phase I Early Work Package Amendment (this "Amendment") is entered into pursuant to Paragraph 2.1.2 of that certain Construction Agreement with an Effective Date referenced above (the "Agreement"), by and between the Owner and the CMAR, for the Project identified in the Agreement. The Agreement is supplemented by, among other things, the General Conditions between the Owner and the CMAR dated the Effective Date and attached to the Agreement (the "General Conditions"). The Owner and CMAR desire to establish a Phase I Early Work Package Price for the Work defined and described below and in the other Contract Documents relating to such Work. This Amendment, when accepted by the Owner, shall be a Contract Document and part of the Agreement for all purposes. To the extent there exists any conflict between this Amendment and the Agreement, this Amendment shall govern and control the respective rights, duties, and obligations of the Parties hereto with regard to the Scope of the Work, Phase I Early Work Package (including Cost of the Work and CMAR's Fee where applicable), Owner's Contingency and CMAR's Contingency (where applicable; such CMAR Contingency being a part of the Cost of the Work), Owner Allowances, and the terms, provisions, and conditions of Attachments 1-8 attached hereto and incorporated herein by this reference, including any CMAR exclusions mutually agreed upon by the CMAR and the Owner. Capitalized terms used herein but not defined herein shall have the meanings given them in the Agreement, General Conditions, and other Contract Documents, ARTICLE 1 Phase I Early Work Package Construction Price Amendment This Phase I Early Work Package Price Amendment includes the following documents attached hereto and incorporated by this reference: Attachment 1 Attachmenfi 2 Attachment 3 Attachment 4 Scope of Work, Document List Phase II Construction Price and Construction General Conditions Cost Summaries in a Form Developed by Owner and CMAR List of Allowances Early Work Package Request for Information (RFI) Log Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 1 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 Attachment 5 CMAR Schedule of Qualifications, Assumptions, Clarifications, and Exclusions Attachment 6 CMAR Risk Register Attachment 7 Sales, Consumer, Use, and Similar Taxes for the Work included in the Phase I Early Work Package Price Attachment 8 Construction Drawings and Specifications for the Work ARTICLE 2 The Work The Work to be performed under this Amendment is limited to fihe construction and completion of the Work and improvements described in Attachment 1 and Attachment 3 attached hereto, in strict accordance with the Contract Documents, subject only to the CMAR's Schedule of Qualifications, Assumptions, Clarifications, and Exclusions attached as Attachment 5 hereto. ARTICLE 3 Contract Time 3.1 Substantial and Final Completion The CMAR shall achieve Substantial Completion of all Work under the Contract Documents by April 30111, 2027. The "Commencement Date" shall be the later of: (a) the issuance of a Phase I Notice to Proceed by the Owner with the Construction Phase Work, or (b) the Effective Date of this Amendment. The final day of the Contract Time shall be the "Substantial Completion Date." The CMAR shall achieve Final Completion of all Work and the Punch List within 30 days after the Substantial Completion Date (the "Close -Out Period"). The final day of the Close- out Period shall be the "Final Completion Date." The Contract Time, Commencement Date, Substantial and Final Completion Dates, and other milestones for performance of the Work, including critical path items, are more particularly described in the Project Construction Schedule shall be submitted in accordance with paragraph 5.2 of the General Conditions. 3.2 Notwithstanding Paragraph 3.1 of this Amendment, the Owner may designate separate periods of time and dates of Substantial Completion of discrete phases of the Project, in which case, each phase shall have a separate number of days from the Commencement Date to achieve Substantial Completion, and a separate Final Completion Date, and designated Close -Out Period. ARTICLE 4 Phase I Early Work Package Price 4.1 As full consideration for performance and furnishing of the Work, and subject to the other terms and conditions of the Contract Documents, the Owner shall pay the CMAR the following (the "Phase II Construction Price") (check applicable box): Copyright ©2023 Water Collaborative Delivery Association I Exhibit D.1 to CMAR Agreement — Phase I Early Work 2 Package Price Amendment Docusign Envelope ID: HMHE9-2F89-4DD3-9DF1-CDC F812B5631 vIal A ❑The Lump®Sum Contract amount of $[NUMBER]; subject to Change Orders and other applicable provisions of the Contract Documents and this Amendment that permit or require an increase in the Lump -Sum Contract amount. 4.1.2 0 An amount equal to the Cost of the Work (defined below) plus the CMAR's Fee (defined below) paid in proportion to the Work performed, provided, however, the CMAR guarantees that the sum of the Cost of the Work and the CMAR's Fee shall not exceed $14,941,117.00 (the "GMP" or "Guaranteed Maximum Price"). The Guaranteed Maximum Price is the amount beyond which the Phase I Early Work Package Price may not exceed, subject to Change Orders and other applicable provisions of the Contract Documents and this Amendment that permit or require an increase in the GMP. 4.1.3 ®Any authorized amount of Allowances as detailed in Attachment 3 of this Phase I Early Work Package Price Amendment. �!„���" The compensation to be paid shall be limited to the Phase I Early Work Package Price established pursuant to this Amendment, as the same may be adjusted under applicable provisions of the Contract Documents and this Amendment. To the extent the CMAR's cost to complete the Work exceeds the Lump -Sum Contract amount described in Paragraph 4.1.1 above (in cases where a Lump Sum Phase Early Work Package Price has been selected by the Parties) or the Cost of the Work plus the CMAR's Fee exceeds the Guaranteed Maximum Price (in cases where a GMP Phase I Early Work Package Price has been selected by the Parties in accordance with Paragraph 4.1.2 above), as modified, the CMAR shall bear such costs in excess of the applicable Phase I Early Work Package Price without reimbursement or additional compensation from the Owner. 4.2.1 Payment for Work performed shall be as set forth in Article � of the General Conditions. 4.3 CMAR FEE ® Check if applicable. ❑Check if not applicable. The Fee ("CMAR's Fee" or "Fee") payable by the Owner to the CMAR equals 6% of the Cost of the Work and is included in, and a part of, the Early Work Package Contract Price agreed upon by the Owner and the CMAR pursuant of this Amendment. The CMAR's Fee includes all the CMAR's home office overhead and profit. Construction General Conditions Costs are an element of the Cost of Work and are not included in the CMAR's home office overhead. 4.3.1 Adjustment in the CMAR's Fee shall be made as follows: 4.3.1.1 The CMAR's Fee of 6% of the Cost of the Work shall be multiplied by the Cost of the Work included in additive changes in the Work as provided in Article 7 of the Agreement and Article 7 of the General Conditions, and such CMAR Fee, together with the Cost of the Work Copyright ©2023 Water Collaborative Delivery Association I Exhibit ®.1 to CMAR Agreement — Phase I Early Work 3 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F89-4DD3-9DF1-CDCF812B5631 reflected in such additive change in the Work shall be added to the GMP. ®eductive Change Orders shall result in a corresponding decrease in the CMAR's Fee, 4NOW 1.2 For delays in the Work not caused by the CMAR, except as provided in Paragraph 5.3 of the Agreement and Article 5 of the General Conditions, in all situations in which (a) the Phase I Early Work Package Price is based on the Cost of the Work plus the CMAR's Fee (with or without a GMP), the Phase I Early Work Package Price shall be increased by the increase in the Cost of the Work (including Construction General Conditions Costs hereinafter defined) resulting from such delay, plus CMAR's Fee on such increased Cost of the Work. 4.3.1.3 In the event the Owner ®irective, as defined in Article 1 CMAR will be as follows: issues a Field Order or Owner Change of the Agreement, compensation to the 4.3.1.3.1 Cost of the Work plus a Fee of 6°/®. 4.3.1.4 If the CMAR written agreement to L or uninsured loss, the is retained by the Owner pursuant to a separate �dertake construction or replacement of an insured CMAR shall be paid an additional fee in the same proportion that the CMAR's Fee bears to the estimated Cost of the Work for the replacement. 4.3.1.5 For the CMAR's and Owner's Contingency used as provided for in Article 10 of this Amendment, the CMAR's Fee of 69/o and not beforehand. ARTICLE 5 Cost of the Work The Cost of the Work ("Cost of the Work"), when determining fihe Early Work Package Price based on a GMP, consists of all costs incurred in connection with the Work, including, without limitation, the following, unless such items are expressly stated to be excluded costs: 5.� Wages and salaries including payroll taxes and benefits paid for labor in the direct employ of the CMAR in the performance of the Work, including compensation for craft or trade labor performed by CMAR's personnel. 5.2 Construction General Conditions Costs, as negotiated between the Owner and the CMAR. 5.3 Without duplication of the Construction General Conditions Costs, cost of all employee benefits and taxes, including, but not limited to, workers' compensation, unemployment compensation, Social Security, health, welfare, training, drug testing, and other nonprofit sharing or non -retirement benefits as required by law, labor agreements, or paid under the CMAR's standard personnel policy, to the extent such costs are based Copyright ©2023 Water Collaborative Delivery Association I Exhibit D.1 to CMAR Agreement — Phase I Early Work 4 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 on wages and salaries of CMAR's employees included in the Cost of the Work under Paragraphs 5.1 and 5.2 hereof. Holidays and vacations are excluded from payroll taxes and other employee benefits and shall be billed directly to the Project and considered reimbursable under the terms of the Contract Documents. Payroll taxes, insurance, and other benefits of the CMAR's non®exempt hourly employees are not included in the CMAR's hourly rate schedule. Reasonable transportation, travel, hotel, and moving expenses of the %MAR personnel incurred in connection with the Work. 5.5 Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection and testing if not provided by the Owner; transportation, storage, and handling. 5.6 Payments made by the CHAR to Subcontractors for work performed under the Contract Documents. _, Cost, including transportation and maintenance, of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers that are used or consumed in the performance of the Work, less salvage value or residual value; and cost less salvage value on such items used, but not consumed, that remain the property of the CMAR. 5.8 Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether provided by the CMAR or rented from Others, in each case agreed -upon rates in effect in the market in which the Project is located and including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs. Rental from unrelated third parties shall be reimbursed at the aforementioned agreed -upon rate(s). 5.9 Cost of the premiums for all insurance and surety bonds which the CMAR is required to procure or deems necessary, including major Subcontractors and equipment system suppliers, and as approved by the Owner, including any additional premium incurred because of any increase in the GMP. 5.10 Sales, use, gross receipts, or other taxes, tariffs, duties, or impositions or exactions related to the Work for which the CMAR is liable. 5.11 Permits, fees, licenses, tests, royalties, damages for infringement of patents or copyrights, including costs of defending related suits for which the CHAR is not responsible as set forth in Paragraphs 3.4.4 and 9.8 of the General Conditions, and deposits lost for causes other than the CMAR's negligence. 5.12 Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work during the Construction Phase and for a period of 30 days following the Date of Substantial Completion, provided that such losses, Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 5 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F89-4DD3-9DF1-CDCF812B5631 expenses, damages, or corrective work did not arise from the gross negligence or willful misconduct of the CMAR. 5.13 All costs associated with establishing, equipping, operating, maintaining, and ,joobilMZ �-r 4 rn the field office. 5.14 All costs associated with demobilizing and remobilizing I office and the CMAR's workforce, including Subcontractor workforces, because of a suspension of the Work by the Owner. 5.15 Reproduction costs, photographs, facsimile transmissions, long-distance telephone calls, data processing costs and services, postage, express delivery charges, data transmission, telephone (including cell phone) service, and computer -related costs at the Worksite to the extent such items are used and consumed in the performance of the Work or are not capable of use after completion of the Work. 5.16 Costs associated with safely storing and maintaining pre -purchased equipment for installation in Phase I Early Work Package. Owner to provide storage in existing on -site building and maintain and pay for climate control in building. 5.17 Cost of removal of all nonhazardous substances, debris, and waste materials. 5.18 Costs incurred due to an emergency affecting the safety of persons or property. 5.19 Costs related to the Work for safety, OSHA, EEO, and other regulatory reporting as well as Project time, personnel, and data records and reports. Payment of OSHA fines of the CMAR or its Subcontractors is not an allowable Cost of Work. 5.20 Additional costs resulting from laws, ordinances, rules, regulations, and taxes enacted after the date of the Contract Documents. 5.21 Self -insured retentions and deductibles resulting from any insured loss or casualty. 5.22 All costs directly incurred in the performance of the Work or in connection with the Project, and not included in the CMAR's fee as set forth in Article 4. 5.23 Any Contingencies identified and selected in Article 10 hereof. 5.24 Allowances, when authorized, become a part of the Cost of the Work. Allowances are not included in the CMAR's Contingency. If an Allowance is projected to be exceeded, the Owner shall be required to fund the additional incremental cost and the Contract Price shall be adjusted accordingly. The initial list of Allowances is included as Attachment 3 of this Phase I Early Work Package Amendment. Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work Package Price Amendment Docusign Envelope ID: F6D3F7E9-2F39-4DD3-9DF1-CDCF312B5631 ARTICLE 6 Excluded Costs . _ �a-. . . GMP, does not )rincipal office or offices other than the Site office, except as specifically provided in .•h 5.3 and/or other costs and expensesare not necessary iot otherwise support, ��'� Except only to the extent that the costs enumerated in this Paragraph 6.2 are covered by the Builder's Risk Policy of insurance required by the Contract Documents and the proceeds of such policy are actually paid to the Owner on account of such costs. 6.3 Costs incurred due to the gross negligence orwillful misconduct by the CMAR, any Subcontractor, anyone directly or indirectly employed by them, or anyone for whom they are liable, or to the failure of the CMAR to fulfill a specific responsibility to the Owner set forth in the Contract Documents. 6.4 legal, mediation, and arbitration fees and costs arising from disputes between the Owner and the CMAR. 6.5 Costs that would cause the Guaranteed Maximum Price to be exceeded. 6.6 Owner -furnished scope of work as defined on Attachment 5. ARTICLE 7 Discounts ❑ Check if applicable (only applies to GMP Contract pricing). All discounts for prompt payment shall accrue to the Owner to the extent such payments are made directly by the Owner. ARTICLE 8 Schedule of Values The Phase I Early Work Package Price shall be broken out on the Schedule of Values, to be attached to this Amendment, and shall reflect all requirements of the Contract Documents. ARTICLE 9 Interest on Past Due Payments Amounts unpaid more than 30 days after the invoice date shall bear interest at 1 interest rate in effect on the date hereof in the state in which the Project is located unless otherwise agreed to by the Owner and the CMAR pursuant to a written Change Order. Copyright ©2023 Water Collaborative ®elivery Association � Exhibit ®.1 to CMAR Agreement — Phase I Early Work % Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 ARTICLE I Contingency The following Contingencies are hereby established by the Owner and the CMAR, shall be included in the Cost of the Work (where applicable), and shall be held, used, and disbursed in accordance with this Article 10 (check applicable box[es]): 10.1 ❑ A CMAR Contingency in the amount of [$NUMBER] [NUMBER% OF THE COST OF THE WORK] for use by the CMAR for Rework or Work covered up prior to inspection. Such Contingency may be drawn upon by the CMAR at any time for any reason. 10.2 ❑x Separate Owner Contingency and CMAR Contingency. The amount of the CMAR Contingency and, where applicable, Owner Contingency, shall be as follows: 10.2.1 For Owner Contingency, the sum of $273,750.00. 10.2.2 For CMAR Contingency, the sum of $644,968.00, which is available for the CMAR's exclusive use, including for unanticipated costs it has incurred that are not the basis for a Change Order. 10.2.3 The sfiatus of the CMAR Contingency and Owner Contingency shall be reported by the CMAR to the Owner at each Weekly Progress Meeting and Monthly Payment Application. 10.3 Unused CMAR Contingency on Work remaining at Final Completion of the Work shall be treated as follows: returned to Owner. 10.4 As used in this Article 10, "Owner Contingency" means the dollar amounts set forth in the Pre construction Phase and Construction Phase budgets for the Project and is included in the Early Work Package Price and used and controlled solely and exclusively by the Owner for the Owner's sole and exclusive use on the Project. 10.5 As used in this Article 10, the "CMAR Contingency" means the dollar amount set forth in Paragraph 10.1 or Paragraph 10.2.2 hereof for cost the CMAR incurs as a result of any unforeseen event or circumstance that are not the basis for a Change Order, and other costs and expenses not included in a Change Order but reimbursable as a Cost of the Work, as applicable. Adjustments to the amount of the CMAR Contingency and the milestones, if any, for release of unused CMAR Contingency, if any, are as set forth in Paragraph 10.5.1. In no event shall the CMAR Contingency be used for Owner -directed changes in the Scope of the Work or the design for the Project. 10.5.1 The CMAR shall track, report, and reconcile the CMAR Contingency and any savings (where applicable) to the Owner on each pay application. Where applicable, at each of the milestones described in Paragraph 10.2.3 above, any savings realized by the CMAR in the Cost of the Work and other services provided by the CMAR hereunder for the period covered thereby shall be added to the CMAR's Contingency and a report shall be prepared and provided by the CMAR Copyright ©2023 Water Collaborative Delivery Association I Exhibit D.1 to CMAR Agreement — Phase I Early Work g Package Price Amendment Docusign Envelope ID: F6D8F7E9�2F89�4DD3-9DF1®CDCF812B5631 to the Owner identifying the amount of savings and any additions or subtractions made to the CMAR's Contingency, in each case in accordance with this Amendment. Unless otherwise provided to the contrary herein, the CMAR Contingency does not include the CMAR's Fee (where applicable), which shall be added to the CMAR Contingency to reach the GMP. The CMAR Contingency will be allocated to specific line items in the Schedule of Values through the use of a Contingency Expenditure (each a "Contingency Expenditure") signed by the Owner and the CMAR, including a description of the items covered by the CMAR Contingency Expenditure. The allocation of the CMAR Contingency shall not increase the GMP or Lump Sum Phase I Early Work Package Price, as applicable, and in no event shall the CMAR be entitled to any increase in the GMP or Lump Sum Phase I Early Work Package Price, as applicable, for any phase or the Project as a whole beyond that established by this Amendment in any case or cI rcumstance where the CMAR has exhausted the entire CMAR Contingency and has not previously obtained the Owner's prior written agreement to any such Increase. 10.5.2 The Owner shall not unreasonably withhold approval of a Contingency Expenditure to use the CMAR Contingency so long as (a) the Contingency amount accessed does not cause the GMP, as applicable, to be exceeded, and (b) the CMAR uses the CMAR Contingency for items required for the Project that are recoverable as part of the Work under the Contract Documents, but do not justify an increase in the GMP or Lump Sum Phase I Early Work Package Price, as applicable. 10.5.3 Any unused CMAR Contingency remaining at Substantial Completion of the Project shall be treated as follows: returned to Owner, ARTICLE 11 Savings ❑ Check if applicable. � Check if not applicable. Where a GMP has been selected by the Parties in accordance with Paragraph 4.1.2 hereof, if the sum of the actual Cost of the Work and the CMAR'S Fee is less than the GMP, as such GMP may have been adjusted over the course of the Project, the net positive difference ("savings") shall be shared as follows: [NUMBER]% to CMAR and [NUMBER]% to the Owner. In such event, savings shall be calculated and paid as part of the Final Payment under Article 14 of this Amendment and Paragraph 3.9 of the General Conditions, with the understanding that to the extent the CMAR incurs costs after Final Completion that would have been payable to the CMAR as a Cost of the Work, the Parties shall recalculate the savings considering the costs so incurred, and the CMAR shall be paid by the Owner accordingly. Unless otherwise agreed to in writing by the Owner and the CMAR, unused CMAR Contingency remaining at Final Completion of the Work shall be disbursed in accordance with Paragraph 10.3 hereof. Copyright ©2023 Water Collaborative ®elivery Association � Exhibit ®.1 to CMAR Agreement — Phase I Early Work 9 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 ARTICLE 12 Early Completion Bonus ❑ Check if applicable. ❑x Check if not applicable. If the CMAR substantially completes the Work prior to the Substantial Completion Date in accordance with the terms and provisions of the Agreement and other Contract Documents, the CMAR shall be paid on the Final Completion Date an early completion bonus in the amount of $[NUMBER] per Jay for each day the Project was completed prior to the Substantial Completion Date. Such bonus shall be subject to a maximum cap of $[NUMBER]. ARTICLE 13 Retainage From each progress payment, the Owner may retain funds in accordance with this Article 13 of the amount otherwise due after deduction of any amounts as provided in Paragraph 3.3 of the General Conditions and in no event shall such percentage exceed any applicable statutory requirements. If the Owner chooses to use this retainage provision, then: 13.1 Retention in the amount of 5% (tied to state public contracting requirements) shall be withheld from each Progress Payment until the Work is 100% complete. '13.2 Retention for the Phase I Early Work Package Price shall be released upon Final Completion of the Work, subject to the CMAR providing lien releases and a consent of surety. The Owner, at its sole discretion, may elect to release retention for a Subcontractor prior to Final Completion if the Subcontractor has satisfactorily completed its Scope of Work and has provided final lien releases for its Work. 13.2.1 ❑Check if applicable. At the request and expense of the CMAR, a substitution of securities may be made for any monies retained by the Owner to ensure performance under the Contract Documents to the extent permitted by state law. Securities equivalent in value to the retention amount required by the Contract Documents for each Certificate for Payment shall be deposited by the CMAR with a state or federally chartered bank in the state of [INSERT STATE] ("Escrow Agent"), which shall hold such securities pursuant to the Escrow Agreement referred to in Subparagraph 13.2.3 until retention is due in accordance with this Agreement. Securities shall be valued as often as conditions of the securities market warrant, but in no case less than once per month. The CMAR shall deposit additional securities so that the current market value of the total of all deposited securities shall be at least equal to the total required amount of retention. 13.2.2 ❑Check if applicable. At the request and expense of the CMAR, a substitution of an irrevocable Letter of Credit can be provided in lieu of a specified retainage. 13.2.3 A prerequisite to the substitution of securities in lieu of retention or the deposit of retention into escrow shall be the execution by the CMAR, the Owner, and Escrow Agent of an Escrow Agreement for Deposit of Securities in Lieu of Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 1 � Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F89-4DD3-9DF1-CDCF812B5631 Retention and Deposit of Retention. The CMAR shall submit the Selection of Retention Options and the Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention not later than the date when 50% of the Work has been completed. ARTICLE 14 Final Payment Final payment of the balance of the Early Work Package ("Final Payment") shall be made to the CMAR within 30 days after the CMAR has applied for Final Payment, including submissions required under Subparagraph 3.9.3 of the General Conditions. Release of remaining retention shall be made to the CMAR within forty4lve (45) days after the Notice of Completion has been recorded by the Owner. ARTICLE 15 Fee for Termination for Convenience Check applicable box. 15.1 ❑ A fixed termination fee in the amount of [NUMBER]% of the Phase I Early Work Package Price. 15.2 ❑ A ter�r�inatiori fee caicuiated as foiiows: f I . 15.3 ®No termination fee shall be due or payable. ARTICLE 16 Dispute Resolution The method of dispute resolution shall be as selected in the General Conditions. ARTICLE 17 Miscellaneous Except as modified herein, the Agreement remains in full force and effect. 17.1 This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. Facsimile or electronic signatures hereon shall be deemed originals for all purposes. Copyright ©2023 Water Collaborative ®elivery Association � exhibit ®.1 to CMAR Agreement — Phase I Early Work 11 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F89-4DD3-9DF1-CDCF812B5631 IN WITNESS THEREOF, the parties hereto have executed This Agreement is entered into as of the Effective Date defined above. OWNER: City of Aspen Signed by: pp PLfG 5ffv�c,�,�w ®Y: ...7.75,3FAUDD9A0A30............................................................. PRINT NAME: PRINT TITLE: Pete Strecker City Manager CONSTRUCTION MANAGER AT -RISK (CMAR): THE HASKELL COMPANY —� Signed by: 3Y. ............a............. �G943EB0264A6424...............................0... PRINT NAME: PRINT TITLE: 1/2/2026 11:39:32 PM EST Approved as to form: ,j�Doc�u-Signed by: n 32737E149ED5457.1. City Attorneys Office Bryan R Bedell Vice President Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work IZ Package Price Amendment Docusign Envelope ID: F6D3F7E9-2F89-4DD3-9DF1-CDCF312E5631 Attachment 1—Scope of the Work, Document List Lar 117,11,01KS - Fhls includes mechanical piping, equipment demolition of existing materials, and nstallation of new piping and equipment. The west filter building will have an added )lower room equipped with a new coiling door and a new elevated slab. A 30" buried )ypass line will beinstalled connecting the East Filter• -•to the West Filter Building i facilitate flexibility with plant operations, will be two �2" culverts with flared end sections installed across the fire access road to help with stormwater flow located on the north side of the jobsite. There will be a new laydown area constructed to the South of the existing plant fence line. The hill will be cleared of all trees and leveled to accommodate two trailers, a laydown area, parking, and a truck turnaround area. Dmcur��ent List This proposal is based an the fallo�aring documents ��arhich are listed in the order of precedence should there be any discrepancies. 1. Drawings: a. 202.5-08-20-Aspen WTF Improvements Final Design 60% b. 2025-09-12_DRYING BEDS 1 AND 2_81 c. 2025-09-12_WEST FLOCC SED BASINS_21 d_ Clearwell Markups - Chemical Injection Box e. _2025-1 1-21 _EARLY WORKS GMP REVISION 1 - 90%West Filter Building 2. Specifications: a. 202.5.08.19 Aspen WTF Vol 1 60% b. 2025.08.19 Aspen WTF Vol 2 60% c. 90% Equipment Specifications L 2624 19 Motor Control Centers iL 26 29 23 Variable Frequency Motor Controllers iii. 26 32 1 3A 6 Gas Engine Generators iv. 26 36 23 Automatic Transfer Switches v. 43 11 10 Positive Displacement Blowers A. 43 11 1 0.1 Positive Displacement Blowers Data Sheet vii. 43 24 13 Vertical Turbine Pump viii. 43 24 13.1 Backwash Pump DS ix. 46 61 13 Multi -Media Filtration - General x. 46 61 13.2 Filter Troughs xi. 46 61 13.3 Filter Underdrains 3. Engineering Reports: a. Geotech Report 1124-6012 b_ Basis of Design Report - ATTACHMENT B Aspen WTF Improvements Preliminary BDR-corrected.pdf 4. RFI's and Responses per the RFI Log dated 1 1/1 7/2025 provided in Exhibit A to this document. 5_ Ernails from Garver a. Sound Absorbing Panel - 12111 b. Light Fixture Schedule - 11124 See Construction Documents on Attachment 3. Copyright ©2023 Water Collaborative ®elivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 13 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F89-4DD3-9DF1-CDCF812B5631 Attachment Z- Phase I Early Work Package Price and Construction General Conditions Cost Summaries fi704228 Aspen Eariy Works GMP Presentation Project Summary The estimate and schedule herein are based on a blend of historical and current market data. Material shortages, supply chain disruption;, and skilled labor shortages produce extreme and unpredictable market volatility. These factors create uncertainty in directional pricing and project timelines, both of which are exacerbated over tirne. Haskell commits to communicating with transparency and expediency as We become aware of market fluctuations that effect this proposal. 00 00 GENERAL CONDITIONS - CMAR $1,293T243 8.8% $1,293,243.19 01 00 GENERAL REQUIREMENTS -GMAR $657,537 4.5% $fi57,536.54 01 05 05 SELF PERFORM $4,631,045 31.fi% $4,631,044.89 02 40 DEMOLfTION &ABATEMENT 5203,523 1.4% $203,523.fill D4 00 MASONRY $11,397 0/ $11,397.00 08 30 SPECIAL DOORS $'i5,000 0.1% $15,000.00 09 20 00 MISCELLANEOUS ARGHITEGTURAL $96,464 0.7% $96,464.00 26 00 ELECTRICAL $1,032,575 7.0% $130321575.00 26 3213.16 GAS ENGINE GENERATOR $183,236 1.2% $183,236.00 26 36 23 AUTOMATIC TRANSFER SWITCHES $451193 0.3% $45,193.00 100 SITEWORK 5353,803 2.4% $3531803.00 40 60 I&C $2,479,165 16.9% $2,479,165.00 4311 10 POSITIVE DISPLACEMENT BLOWERS 5137,800 0.9% $1377800.00 43 2413 VERTICAL TURBINE PUMPS $469,896 3.2% $469,896.00 46 6113 FILTER MEDIA $254,556 1.770 $2541555.60 46 61 16 FILTERTROUGHS $2481900 1.770 $248,900.00 46 61 19 FILTER tJNDERDRAINS S786,047 5.470 $786,046.67 Gontractor Contingency 5.00% $644,969 4.4°!0 $fi44,968.94 Builders Risk Insurance $103524 $101524 0.1% $10,524.00 General Liability Insurance 1.20% $1761008 1.2% $1761008.42 P&P Bond $1061260 $106,260 0.7% $106,260.00 GMAR FEE 6.00% $830,228 5.7% $830r228042 INDIRECT•STS SUBTOTAL Sl.w767T990 Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 14 Package Price Amendment Docusign Envelope ID: F6D8F7E9�2F39-4DD3-9DF1-CDCF312B5631 Attachment JiiiiiiiiiiiiiiiiiiiiiiiL1St of Allowances Project Allowances -Included in Base Price The follotving do not include ASPEN WTP CMAR EARLY WORKS GMP CLARIFICATIONS AND ASSUMPTIONS allowances are included in the estimate. Allowances are defined as cost of �vorl< only and indirect costs such as bonds, insurances) and fees. 1 Building Permit $ 125,000.00 2 APR ; Structure Analysis $ 15,000.00 3 Material Testing $ 10,000.00 4 Process Pipe Painting $ 500000800 5 Laydown Area Final Grading and Storni%vater Drainage Design for Permanent Works$ 50,000.00 6 ki"Vater Meter Install Allowance $ 5,000.00 7 Concrete klVall Repair $ 25,000.00 8 Asbestos Abatement Allowance $ 50,000.00 9 Additional Demo Allowance $ 30,000000 10 Overhead Doors $ 15,000.00 11 I&C Package $ 21479,165,00 12 Door Supply (door and hardware) $ 2,250.00 Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work I S Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 Attachment 4—Early Work Package Request for Information (RFI) Log Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 16 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 Attachment 5 (;MAR Schedule of Qualifications, Assumptions, Clarifications, Exclusions Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 1 � Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 Attachment 6 CMAR Risk Register Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 19 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F89-4DD3-9DF1-CDCF812B5631 Attachment 7 sales, Consumer, use, and similar Taxes for the Work Included in the Phase I Early Work Package Price Sales and use tax for consumable materials is included, as well as for construction equipment rentals. Materials permanently incorporated into the project are considered to be tax exempt, and as such, a tax exemption certificate shall be furnished by Owner to CMAR for the Project. Copyright ©2023 Water Collaborative Delivery Association I Exhibit D.1 to CMAR Agreement — Phase I Early Work 20 Package Price Amendment Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 Attachment 8 Drawings and Specifications for the Work Copyright ©2023 Water Collaborative Delivery Association � Exhibit D.1 to CMAR Agreement — Phase I Early Work 21 Package Price Amendment a a a a a a a a a a a a a a s a s a a m o o m m m m u m a m m u m m m m o m m O O s O _ O O O O O O O 0 O O O INN U U U U U U U U U U U U U U U U U U U U No N N Cl N �p N m o 0 0 0 0 o N m N N N N N N N 1' �G 0 y m O 2 O O m m a y m p c a a O O O F N NU 6 � Mn m NNy 0CUO aL .O V$ aNR La5m W y C� �> cc LNO ,� m m m m a 4611,m pNd C m O m mm1 U � m y NO 6111 yLO N 0 m U U y C aLOUnIIII m tL a °c$ m u m m a >0 >, >� i� = y m mia m`a 3 `-c° cmi m �m me oia O L Q `I m N d cV E d N 0 a J aa!"Il�c C '6 >> n a O y O c d s V u V L U M a L ,6 0 y 3 O ` C$ C m Y I-Im C d I. w ooY nao-: 2"3LL m`"omm m mm m c ca= •a a'mo_' 7 Fdascdm vO.9ahi 3m� 38 m mo aL UDcaI m'c-no p a¢ c o cUp amc a Ly u r _ a$ a dc m d m U Z aIx 0 C C > c N y,IIII: O O p III,Q m m c O C U m m O d IS — IS % O . � a O m � n m _O =UNom am3 mmE m Yo tm� an A c aqOm c 0 0 cm AIII IV m m o o y L m acudu -aUom N c F J 3 Ln i mcmcmi c o Xcd 1 m m u- m n m .� g> ay, co 3 0 >• m N y�• ` m a5mm 3ya �Hrna� mc�c a s a 3 'and �^ cy LL fl o n o o a s o c ai "� a w m 0 m O U m CJ o d c c= .2 m d U> C y C y LL p y C '] •2 E O m Q O N O N d y — O y O LL N m T m= 0 m a c> C O O �ma �U u m oa` a m ut im N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O pp = m N � N u-� N U] 10 �O 10 N N N N N N N N N N N ON O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N a TNT O h N H N C pc a a n a a v c - 75 3 73 m m m imp C C c0 C C C m Y Y m W y W W W W a y a m a a o m Q n a a a a m A m a m a 0 u = 2 = = cg rn m w w m — ISm ISm N m w c c e c 'm c o m 0 a mm mm a m o m o x ao aU aU dU aodoa a a a m m a oc o m L'a c w_ - a m Ec�va o O>, m E m m y o `w `° > E m '� w m m c m v m ai c� a m 3 .tm. a o o UUmLm. C 3 m d N d m< m 6 U m C LL mm Odmomrn 0 mny $rnm` m 50mm waCOm o y ma am £m>. Y='mU`2w U Q<Em U3 YC>a6U 1 c Q (O LL yO O mo P1 o m o oco cma L o c a 00 O oam >m 0 u rn y L I :? o '� .d o $ o` .� o x m y is L U o c c n a m m m n o d u o a °c c o tC a y c m c E m v c o m y L S m t ? 3 u ? 0 _ c m _ m y m a m c y `o t o m 16 0 m m r A2 w n `� a o d o u .9 `o y U c c c u p a n 5 > - a €d 2 -u a Am. mm mrogc1. um a 2 a - •-y a a d a Nc > E •.°-i E m t .-dn ro y:y m'.aa7r ymdc daxa m 0 E yas n mooaa mN o m o 3 E d Y m m ._ c•..y L t t y upi O m 0 m co 0 m 0 j y O 6 L m E o U y m 'C :t y 3 N yyCIJ d •• O m J a U> > W T 61 LL� d L LJ m L % L b d >.... a Q J m m c i N d O m m N_^m O m V m m m 6 dDa y N a m W C C W 6 01 LL c 'y N a p t' Ct J N_ O C U m ;O L C o W X m U fa O 3� y=-° t7 o c x am m o `o 'at m U m s _ u c 10 c a c d a>'i fi 3: In m` o m m y Anm m u d a X �£5c75pL m U m p 0 0 O a R N O � U m L° m u a 0 LU W O p au v� 0 o U U U C Cy 'C U L u o m Y Y m O y. N O m O O O O O O y y 0 - 3 3 3 2 c o ayi � 3 m aa Q t y m m a; m m m o w U) in m m m w U) w (n a a m ca m in N 0 d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m o 0 0 0 0 0 o O o a o 0 N IrIII t'f O N m c7 c7 m V V t�J N t�f c7 CJ Q �VIIIN / 2 G / 0 2 / E O \ O 2 # k L R / w ± 0 c ƒ 6 k f > j E : q § 2 Docusign Envelope ID: F6D8F7E9-2F89-4DD3-9DF1-CDCF812D5631 a ASPEN WTP CMAR EARLY WORKS GMP CLARIFICATIONS AND ASSUMPTIONS Owner Furnished Scoaes of Work The following items are assumed to be completed by the Owner and not included in our estimate. 1 . 3rd Party Special Inspections �. Final Keying of doors 3. Power and water consumption costs 4. Chemical deliveries during construction and for new systems during start-up S. Water meters supply Division 1 -General Conditions 1 .1 Due to the phasing of the work, it is expected that there will be multiple equipment warranty dates. 1 .2 CONTINGENCY - This proposal includes a Contractor Contingency of S% of direct costs. An Owner's Contingency is recommended to be included separately for change in design or scope not anticipated or included. 1 .3 ESCALATION AND BID VALIDITY PERIODS - The GMP for this project has been calculated based on the current prices for the component building materials and delivery times provided by suppliers as well as reasonable bid validity periods. Haskell requested bid validity periods for an assumed enough time to execute an amendment to our current agreement, and sufficient time to execute contracts with subcontractors and vendors. Docusign Envelope ID: F6D8F7E9-2F89-4DD3-9DF1-CDCF812B5631 ao ASPEN WTP CMAR EARLY WORKS GMP CLARIFICATIONS AND ASSUMPTIONS Bidders were only willing to hold bids for 60 days. Haskell has excluded any additional bid day increases due to timing of execution and the potential escalation of commodities and materials to be incorporated into the work. Haskell will diligently negotiate in good faith to minimize or eliminate any escalation of bid day values. If experienced, this is assumed to be Owners Contingency item. 1 .4 Builders Risk and Payment and Performance Bonds are quoted values. 1 .5 This proposal includes Subcontractor Default Insurance (SDI). 1 .6 Installation of temporary utility services (water, sewer, electric) are included as required for construction activities. It is assumed that all temporary utilities, except sewer, required for the project will be tied into permanent utilities and that these permanent utilities are readily accessible, of adequate size to handle additional capacity and that temporary on -site facilities can be located as necessary to prevent the need for any substantial overhead and/or underground temporary utilities. 1 .7 An Allowance for the Building Permit has been included. Actual cost of the permit has not been established at this time. 1 .8 City of Aspen Engineering Department Construction Management Plan and Engineering Department Development Review are assumed to be at no cost. 1 .9 Snow removal and plowing is included for construction access locations only. 1 .10 This GMP assumes an additional GMP will be executed to finish the scope of the project. This GMP does not include close out cost or demobilization if the project is cancelled or delayed. It does not include any General Conditions or General Requirements cost related to any delay of work between GMPs. 1 .1 1 Sales and use tax for consumable materials is included, as well as for construction equipment rentals. Materials permanently incorporated into the project are considered to be tax exempt, and as such, a tax exemption certificate shall be furnished by Owner to CMAR for the Project. 1 .12 Any additional security outside of the plant fence line is excluded Division 2 - Existina Conditions 2.1 The salvage of any materials, equipment, or furniture resulting from demolition activities is not included. Any salvage of existing WTP FF&E assets shall be performed by Owner. 2.2 No additional demolition beyond what is shown in the current documents at time of bid is included. 2.3 Existing condition surveys and vibration monitoring of existing structures are excluded beyond the Allowance for GPR /Structure Analysis. Division 3 -Concrete 3.1 Electrical housekeeping pads are assumed to be 4" thick. Division 4 -Mason 4.1 Masonry is assumed to not be load bearing in new buildings. 4.2 All exterior walls are assumed to be 8" smooth face CMU w/ 2" Rigid insulation board and 4" sealed brick veneer. Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 <� ASPEN WTP CMAR EARLY WORKS GMP CLARIFICATIONS AND ASSUMPTIONS Division 09 - Miscellaneous Architectura 9.1 No signage has been included 9.2 No temp protection for existing flooring. 9.3 3-5/8" 20 gauge studs assumed 9.4 Level 4 finish assumed Division 26 -Electrical 26.1 Only equipment for the West Filters has been included 26.2 West filter power will have to be refed into the new electrical building for permanent power feed. 26.3 It is assumed that the electrical equipment can be stored in the Equipment Storage Building on site Division 31 -Earthwork 31 .1 No blasting has been included. 31 .2 Proposed grades are assumed to be at existing elevations when not shown on the plans. 1.3 GMP assumes that rock can be removed by mechanical means and methods via excavator and hydraulic hammer equipment, or similar. 31 .4 Storm water outlet between Backwash Pond 1 and 2 and groundwater is assumed to be pumped to a sediment pond on site and then shall flow offsite once the silt has dropped out. 1.5 Assumed temporary drainage for the laydown area to go to sand filter. 1.6 Limits of disturbance for clearing and grubbing, site cut and fill, and access road through and to the site laydown are represented in "Temporary Site Laydown Drawing". 1.7 GMP assumes that brush and small trees can be chipped and spread onsite. Division 32 -Exterior Improvements PaPav i ng 32.1 GMP includes temporary pavement for yard pipe installation upon backfilling of underground utilities through existing main plant corridor. Division 33 -Utilities 33.1 Trench dewatering is included. 33.2 No cathodic protection is included. 33.3 All test water for utilities can be sent back into the existing Sanitary Sewer lines. 33.4 All water needed for testing is assumed to be provided free of charge by Owner. Docusign Envelope ID: F6D8F7E9-2F894DD3-9DF1-CDCF812B5631 41 ASPEN WTP CMAR EARLY WORKS GMP CLARIFICATIONS AND ASSUMPTIONS Division 40 - Process Interconnections 40.1 It is assumed that all connections to be made can be made with existing systems being isolated. No additional cost has been included to perform isolation to facilitate interconnections. 40.2 Testing of piping is assumed to be performed against existing valving and components. Those components are assumed to be competent. Division 40 - I&C 40.3 All in line instruments will be installed by the mechanical subcontractor. 40.4 All equipment for the west filter building is included. 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