HomeMy WebLinkAboutresolution.council.059-26RESOLUTION # 059
(Series of 2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE CONTRACT BETWEEN THE CITY OF
ASPEN AND NATIONAL CAR CHARGING LLC, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to City Council a contract for the
installation of EV charging stations at city facilities, between the City of Aspen
and National Car Charging, LLC, a true and accurate copy of which is attached
hereto as Exhibit "A".
NOW, TfTREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the contract for
installation of EV charging stations in the amount of $188,953.98, between the
City of Aspen and National Car Charging LLC, 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.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12th day of May 2026. �
hael Richards,l`(Iayor
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, May 12th, 2026.
Nicole Henning, Cit� Clerk
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41?3►
CITY OF ASPEN
STANDARD CONTRACT FOR CONSTRUCTION
2026=089 Aspen Public EV Charging Station Installations 2026
THIS CONTRACT, made and entered into on the 22nd of April, 2026, by and
between the CITY OF ASPEN, Colorado, hereinafter called the "City", and
National Car Charging LLC 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 Projecfi. 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 ($188,953.98) 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 30th,2026, subject to
such delays as are permissible under the "Extension of Time for Completion"
section of this Contract.
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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 o,_f 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.
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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
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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 Cites 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
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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
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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) da s 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.
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The insurance companies issuing the
recourse against the City of Aspen for
assessments under any form of policy.
policy or policies shall have no
payment of any premiums or for
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.
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17. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake,
subsidence, theft or vandalism, any work done by Contractor in rebuilding or
restoring the work shall be paid for by City as extra work under Paragraph 8
above. If, however, the estimated cost of replacement of the work already
completed by Contractor exceeds twenty (20%) percent of the insured sum set
forth in Paragraph 15 above, City shall have the option to cancel this Contract
and, in such event, Contractor shall be paid the reasonable cost, including net
profit to Contractor in the amount of ten (10%) percent, of all work performed by
Contractor before such cancellation.
18. Notices. Any notice which any party is required or may desire to give to
any other party shall be in writing and may be personally delivered or given or
made by United States mail addressed as follows:
To City:
City of Aspen
Tim Karfs
427 Rio Grande Place
Aspen, Colorado 81611
To Contractor:
National Car Charging LLC
209 Kalamath St., Ste, 4
Denver, CO 80223
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.
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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. Assignment. 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,
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and no waiver of any default shall operate as a waiver of any other default or as
a modification of this Contract.
26. Remedies Non -Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or
permitted, but each shall be cumulative and shall be in addition to every other
remedy.
27. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law
or 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.
�9. Nondiscrimination. During 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.
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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.
Interest:
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.
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34. Waiver and Amendment. It is agreed that neither this agreement nor any
oI 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.
35. Electronic Signatures and Electronic Records. This Agreement and any
amendments hereto may be executed in several counterparts, each of which
shall be deemed an 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 ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an
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.
[X] Performance, Payment, and Maintenance Bonds.
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IN WITNESS WHEREOF, the parties agree hereto have executed this Contract
for Construction on the date first above written.
CITY OF ASPEN, COLORADO:
Slgned by:
[Signature]
3y:
Pete Strecker
Tltle: City Manager
®ate: 5/13/2026 � 5:36:50 PM PDT
DocuSlgned by:
j6WAMVA.
�27�7E149ED5457
City Attorneys Office
PROFESSIONAL:
DocuSlgned by:
Jim Burnes
Title:
Date: 4/30/2026 19:46:23 AM MDT
Page: 13
Updated:10/2024
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EXHIBIT A
Natiranal Car Char®ink LLC
2G3 kalamath St, Ste_ 4
Cenver, CO E0221 f04Q
EE15i9%-6M ! i % 1 IC',
ac.aaurtlrggratioralcar.harging_com
IrIVN_natlonalcamrurying_ cr m
City of Aspen CayofA.sp=n DATE 03=026
42r Rio Grand EL Golf Club
Aspen, CO 8161; USA 38551 C042 , Suite 1
ASFEN, C0 e4811-1510 US
tit i_.TCsFa@= F;;, 1•,�_�fi:18�F:' "=,L=S F_E-
Aspen GoIF Club J Df3
iTEAA iT.=Ai �Tlf RATE AA40l;P,tT
CP6h21 B-�•CA- CPfi621, N.�, AC Station, 2 x Type 1 Cable, 2 x Ongni port 3 6,22fi22 18,678.66
L5_F, holsters enables J1772 andPorNACS vehicfe charging}, SOA, 1-
Phase, 18' Cable; 6' Cable Management Kit, Pedestal Mount, C•"
Touch Display, Contactless Credit Card and RFID Reader;
Cellular, UL, Energy Star Power Share Jumper, 2 YR Parts
Warranty
CPE•o00-C,NIT=164,4. CP60130 Concrete Mounting Template, NA 3 96?5 288.75
f,1r:c_:—c't7-L2-1 °- �.=:at�,t'up 1 eH�el r Cable Protection, 18' length, na dye 8 ^�3 r'_CL"i 2,376.00
JTD
CC
-CD- Installation of L2 Cable Defend system, no dye 0 250_00 2,004.00
INSTALL-L2-STD
NCC- Initial StationActivation 8.Configuraton Service includes 3 O.DO 4.00
ACIT�+'ATION activation of cloud services and configuration of radio groups..
custom groups, connections_ access control, visibility control,
pricing, reports and alerts. One tinge initial service per station.
CPCLDm 5yrPrepaid Commercial Cloud Plan. Prepaid Commercial Cloud 6 1155?.00 91346Z0
+�OMMERC.IAL Plan subscription with station management features such as:
Custom Video uploads and Automatic Software Updates, driver
and fleet management features including_ Access Control and
;Pricing & Automatic Payment Collection, as well as energy and
power management features which include Power Sharing.
Reaktim,e dashboards and reports provided for applicable
features. Station Activation purchase required.
"Must be ordered by late June to retain this price due to change
in ChargePoint Software product p'an'*
C1136000- 5prepaid yearc%ofChargePointAssure for CPoGC10,statons_ 3 1,615_00 41545:CO
ASSURE 5 Includes Parts and Labor Warranty, Remote Technical Support,
On -Site Repairs when needed, Unlimited Configuration
Changes, and Reporting.
Installation Labor 0, Install 3 CP60C10 series chargers 50 amp breakers max and 1 5 1183C.00 51,83a.00
one used CT4COb
in parking lot.
iii install new meter &i co.inectfed From HCE transfonier.
iii) Install new electrical panel.
iv) Run new iconduitand wire from service to chargers_
v) Use existing 2" conduit across rvad.Add new conduitwhere
a_ ON FICtENTIAl,L
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EXHIBIT A
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GC-25-4.doc - Page 1
City of Aspen - General Conditions for Construction Contracts
General Conditions for Construction Contracts
(Version GC-25-4)
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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,
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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,
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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.
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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.
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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.
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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.
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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”.
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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.
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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):
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.)
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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.
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(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.
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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.
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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.
Docusign Envelope ID: CADCAD3B-93F7-83B1-8096-E0EC4268A52ADocusign Envelope ID: 91769610-0549-84A7-8360-80B8CF6E72D4
Electric Vehicle
Public Charging
Infrastructure
Masterplan
Page | 2
Table of Contents
Executive Summary .................................................................................................................. 3
Electric Vehicle Charging Infrastructure Action Items and Responsibility Outlines .......... 5
Introduction ........................................................................................................................... 5
Approach to Creating Action Items and Responsibility Outlines ...................................... 5
Infrastructure Action Items ................................................................................................... 6
New Charging Stations ........................................................................................................ 6
Existing Stations .................................................................................................................. 8
Policy Action Items ............................................................................................................... 9
Paid Charging Policies ......................................................................................................... 9
EV Parking Policies............................................................................................................ 10
Operations Responsibility Outlines ................................................................................... 11
Action Responsibilities ....................................................................................................... 11
Budget Responsibilities ...................................................................................................... 14
Topics for Further Consideration .......................................................................................... 15
Supporting Information .......................................................................................................... 16
Current State of Electric Vehicles and Charging Infrastructure ....................................... 16
Aspen’s Existing EV Charging Stations .............................................................................. 16
Local EV Charging Station Usage Trends .......................................................................... 17
Regional EV Registration Trends ....................................................................................... 21
Charging Station Cost Estimates ...................................................................................... 23
Overview of Costs .............................................................................................................. 23
Cost Variables ................................................................................................................... 23
Appendix ................................................................................................................................. 24
Page | 3
Executive Summary
This document, the City of Aspen Electric Vehicle Public Charging Infrastructure Masterplan,
provides a series of action items and responsibility outlines for how the City of Aspen should
advance its public charging infrastructure over the next five years. A high-level summary of each
of these action items and responsibility outlines is listed below. Detailed action items and
responsibility outlines, as well as the rationale for them, can be found in the “Electric Vehicle
Charging Infrastructure Action Items and Responsibility Outlines” section.
Infrastructure Action Items
New Charging Stations
1. Install new charging stations toward a goal of having a total of 40 publicly available
charging plugs, plus or minus 5 plugs (± 5), in the City of Aspen inventory by the end of
2026. Use a 25%, or higher, year-over-year growth rate of electric vehicle (EV)
registrations in the local, tri-county region as the trigger to continue installing charging
stations each year toward the goal number of plugs.
2. Prioritize the installation of new charging stations at the locations on the “Recommended
Site List”, pending the necessary evaluations of the site at the time of installation.
3. Prioritize the installation of Level 2 charging stations over Direct Current Fast Charging
(DCFC) charging stations.
4. Prioritize the installation of banks of multiple charging stations at individual locations
whenever possible.
Existing Charging Stations
5. Replace existing charging stations when they no longer properly provide a charge and/or
they become more expensive to repair than replace.
Policy Action Items
Paid Charging Policies
1. Begin charging EV drivers a fee to use City of Aspen-owned charging stations. The fees
should vary depending on the type of charging station. The fees’ exact amount will be
informed by an Aspen Electric Utility rate study and determined through collaboration
with other service providers in the local region. The fees should be implemented in 2022
for DCFC charging stations and 2023 for Level 2 charging stations. The fees should be
applied to City-owned charging stations that are located on the Holy Cross Energy grid
on this timeline as well.
EV Parking Policies
2. Implement rules regarding EV parking at charging stations that complement the adopted
fee for charging, such as those that would inhibit overstays at charging stations.
3. Maintain the current cost to park at all charging station sites.
Page | 4
4. Maintain the existing EV parking permit that is available for EVs to park for free in
Residential Parking Zones until a sunset date at the end of 2023, at which time the
permit can be reevaluated.
Operations Responsibility Outlines
Action Responsibilities
1. City departments and external partners have committed to assuming responsibility for
the actions necessary for charging station installation and maintenance in this outline:
Operations Responsibility Outline #1.
Budget Responsibilities
2. Budget responsibility for the components of charging station installation and
maintenance is assigned to the committed City departments in this outline: Operations
Responsibility Outline #2.
Page | 5
Electric Vehicle Charging Infrastructure Action Items
and Responsibility Outlines
Introduction
In early 2017, Aspen City Council adopted the Aspen Community Electric Vehicle Readiness
Plan (the “Readiness Plan”). The Readiness Plan was the City’s first step toward strategic
planning for the incorporation of electric vehicles, and their associated infrastructure, in the
community. Today, projections foresee EV adoption growing rapidly in the coming years with
some expecting there to be 4,000 – 5,000 EVs in the local region by 2026 (currently there are
under 1,000 EVs in the local region). Accordingly, Aspen needs an updated iteration of the
Readiness Plan, particularly focused on the strategic planning of EV charging infrastructure.
This plan, the City of Aspen Electric Vehicle Public Charging Infrastructure Masterplan (the
“Masterplan”), provides action items and responsibility outlines for the expansion and
management of municipally-owned and -operated EV charging infrastructure for the next five
years: 2021 through 2026. Near the end of the useful life of this Masterplan, a new planning
process should be undertaken to evaluate the successes and potential shortcomings of the plan
and how EV charging infrastructure should be strategically approached for the following five
years.
For background information on EVs, how they operate, and the benefits associated with driving
an EV, please continue to refer to the Readiness Plan. The focus of this Masterplan will
primarily be on public EV charging infrastructure.
View of Aspen from Smuggler Mountain. Photo by Shelia Babbie.
Approach to Creating the Action Items and Responsibility
Outlines
This Masterplan is a product of collaboration between the City of Aspen Climate Action Office,
Electric Utility, Engineering, Parking, Streets, Transportation, and GIS departments. Key
external stakeholders from the Colorado Energy Office and Holy Cross Energy were included in
this process as well. These internal and external stakeholders were each in one or more of
three different subgroups depending on their area of expertise. The three subgroups:
Infrastructure, Policy, and Operations, met separately to address the necessary deliverables of
the Masterplan in a detailed and efficient manner.
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Furthermore, a set of external partners, including individuals from the Aspen Skiing Company,
Roaring Fork Transportation Authority (RFTA), and the Pitkin Country Elected Officials
Transportation Committee (EOTC), provided useful input and expert opinions on a handful of
discrete items within this Masterplan. A full list of those involved in the Masterplan can be found
in Attachment A in the Appendix.
An additional source of input was a community survey. This community survey was made
available to community members who own EVs and those who are considering purchasing an
EV in the future. The survey gathered responses on the community members’ expected habits
at public charging stations and their preferred locations for the installation of new charging
stations. The survey results were considered by the stakeholder group when crafting the action
items of this Masterplan, especially those related to the siting of new charging stations.
Each action item and responsibility outline is listed below and followed by a rationale statement,
when necessary, to provide relevant contextual information.
Infrastructure Action Items
New Charging Stations
Infrastructure Action Item #1 Rationale
There are currently 14 plugs in the City’s public charging inventory. This goal would require
adding approximately 26 more plugs over the next five years. A new DCFC charging station is
slated to be installed at the new Aspen City Hall building in summer 2021, thus adding one plug
to the City’s inventory. Therefore, the goal would require approximately 12 dual-cord, Level 2
charging stations to be installed by the end of 2026, given the preference for Level 2 charging
stations listed in Action Item #3 of this section. The estimated total purchase cost for these new
stations would be approximately $108,000. The cost of installation would be between $11,000
and $21,000 for each charging station, depending on site conditions. Detailed information on the
cost of installing charging stations can be found in the “Charging Station Cost Estimates” portion
of the “Supporting Information” section.
Holy Cross Energy, using the State of Colorado’s EV growth projections and their own
observations, has developed their own projection for EV ownership in the local region. Holy
Cross Energy anticipates a 34% YOY growth in EV registrations in the local region in the
coming years. Growth at this pace would result in 4,000 – 5,000 EVs registered in the local
region by 2026 (there are currently less than 1,000 EVs in the local region). More information on
the historic and projected growth in EV ownership can be found in the “Regional EV Registration
Trends” portion of the “Supporting Information” section. Using a 25% YOY growth rate in
Infrastructure Action Item #1
Install new charging stations toward a goal of having a total of 40 ± 5 plugs in the City’s
public charging inventory by the end of 2026 and allocate the necessary resources to
achieve this goal.
New charging stations should continue to be installed when EV registration growth in the
local, tri-county region (Pitkin, Eagle, and Garfield counties) is at, or above, 25% year-over-
year (YOY).
Page | 7
registrations in the local region as a trigger for new installations generally aligns with the YOY
growth rate of charging plugs required to reach 40 ± 5 plugs by the end of 2026. Observing a
25% YOY, or higher, growth rate in EV registrations at the start of each calendar year before
installing more charging stations will provide a form of checks and balances on the stated goal
number of plugs. Although the anticipated growth in EV registrations is 34% YOY, the
Infrastructure Subgroup opted for a conservative approach to the number of new charging plugs
to install by the end of 2026, hence the 25% YOY growth rate trigger for installing new plugs.
Infrastructure Action Item #2 Rationale
The Recommended Site List outlines the 12 best locations to install new charging stations, in
alignment with the goal number of installations outlined in Action Item #1, and are not ranked in
order of prioritization. This list is not prioritized because charging station installation at these
sites should utilize contemporary infrastructure projects whenever possible to aggregate and
minimize costs. Sites will require further, on-the-ground analysis prior to installation to confirm
their suitability for installation. Attachment B in the Appendix outlines the siting criteria process
that developed the Recommended Site List.
The City’s GIS team has also created a “heatmap” of the locations in Aspen that would be best
suited for new charging stations based on the scores assigned to the quantitative criteria, such
as proximity to transit hubs, proximity to electrical transformers, etc. This “heatmap” can be
found in Attachment C in the Appendix and will be useful for City staff, as well as future
iterations of the Masterplan, when considering potential new sites for charging stations.
Infrastructure Action Item #3 Rationale
Level 2 charging station units, and associated warranties, are significantly less expensive than
their DCFC counterparts. In order to provide the most charging stations to meet public demand,
while being most cost efficient, it would behoove the City to prioritize Level 2 charging station
Infrastructure Action Item #2
Prioritize charging station installation at the sites listed in the Recommended Site List:
• S Galena St. & E Durant Ave. (near the existing DCFC charging station)
• Current Aspen City Hall (Armory building) alleyway
• N 8th St. & W Hallam St.
• Aspen Ice Garden
• Red Brick Recreation Center and Center for the Arts
• Francis Whitaker Park (S Monarch St.)
• Old Powerhouse Building
• Herron Park
• E Bleeker St. & N Monarch St.
• Koch Lumber Park
• E Main St. & N Monarch St.
• E Cooper Ave. and S Spring St.
Infrastructure Action Item #3
Prioritize the installation of Level 2 charging stations over DCFC charging stations except in
circumstances where the costs of DCFC charging stations are signficiantly reduced via grant
opportunities or similar cost mitigation avenues.
Page | 8
installations. Detailed charging station cost information to support this rationale can be found in
the “Charging Station Cost Estimates” portion of the “Supporting Information” section.
DCFC charging stations are also best suited for locations with short-term parking (under one
hour). Level 2 charging stations are better suited for the majority of Aspen’s parking areas
(which permit longer-term parking), such as the Residential Parking Zones and the Rio Grande
Parking Garage. Data collected from the City’s existing charging stations indicate that most EVs
are using the charging stations for 2 – 3 hours. Thus, the typical public charging needs in Aspen
can be best accommodated by Level 2 charging stations.
Infrastructure Action Item #4 Rationale
Installing banks of charging stations at park and ride and parking lot sites is suggested for the
following reasons:
• These locations are often free to park (which is an added bonus for the EV driver).
• Parking at these locations encourage transit ridership and would reduce congestion in
the downtown core.
Existing Charging Stations
Infrastructure Action Item #5 Rationale
There has been discussion around replacing charging stations that are no longer able to provide
data to the City, which is the case for the oldest charging stations in the City’s inventory.
However, the Infrastructure Subgroup determined that as long as a charging station is still
useful to an EV driver (i.e., the charging station is still able to provide a charge reliably), then the
charging station should not be replaced in order to conserve City funds and resources.
Infrastructure Action Item #4
Prioritize the installation of banks of multiple charging stations at individual locations
whenever possible, particularly at park and ride or parking lot locations with close proximity
to transit.
Infrastructure Action Item #5
Continue utilizing an existing charging station until:
• The unit no longer functions properly to provide EV drivers with a charge; or
• The unit becomes more costly to repair than replace entirely.
When an existing charging station meets one or both of these criteria, the relevant
stakeholders, as identified in the “Operations Responsibility Outlines” section, should pursue
replacement.
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Policy Action Items
Paid Charging Policies
Policy Action Item #1 Rationale
The City does not currently charge a fee for the use of any of its charging stations, regardless of
type. However, implementing a fee on the timeline listed in this action item would align the City’s
charging stations with industry standards. A significant majority of DCFC charging stations in the
local region and comparable locations are currently charging EV drivers a fee to use the station.
While most Level 2 charging stations in the local region and comparable locations are currently
free for the EV driver to use, it is expected that many Level 2 charging stations will begin
charging a fee in the near future. As such, it is sensible for the City to begin to charge a fee at
DCFC charging stations in the near-term and Level 2 charging stations shortly thereafter.
This action item was screened with regional partners to ensure that the timeline to implement a
fee for charging will not create significant unintended consequences as other jurisdictions plan
their fees as well. This screening was also conducted to ensure that charging fees in the local
region have the potential to be generally consistent.
The kilowatt hour (kWh) rate the customer will pay is generally expected to fall between
$0.10/kWh and $0.30/kWh. This range is subject to change depending on the results of the
Aspen Electric Utility’s rate study and changes in market forces. Fees for EV charging should
aim to be cost competitive with the cost of gasoline. It is expected that the customer rate to
charge at City charging stations will be in this range based on two factors:
• First, these fees are consistent with the fees that other municipalities, counties, utilities,
businesses, and other organizations in the local region are currently charging or
planning to charge. Fees charged in these comparable locations typically range from
free to $0.25/kWh for Level 2 stations and free to $0.45/kWh for DCFC stations.
• Second, the Aspen Electric Utility confirmed that this range is an appropriate estimate
given their knowledge of current and future customer electric rates as well as what would
be required to cover the costs of supplying electricity to EV drivers.
Policy Action Item #1
Begin charging EV drivers a fee to use publicly available charging stations owned- and-
operated by the City on the following dates:
• Level 3 DCFC: 1/1/2022.
• Level 2: 1/1/2023. Station usage and number of EVs registered in the region should
be evaluated with up-to-date 2022 data prior to implementing a fee at Level 2
stations.
Rely on the Aspen Electric Utility to inform the fee for charging, depending on the results of
their relevant rate study and time of use considerations. The Aspen Electirc Utility is
commited to coordinating with other service providers in the region on the exact fee amount
to ensure a general consistency throughout the region. The same rates should be applied to
City of Aspen charging stations located on the Holy Cross Energy grid on the same
implementation timeline. Once a fee is determined, it must be formally approved through the
City’s fee ordinance process.
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Applying the same rates and timeline to charging station locations on both the Aspen Electric
and Holy Cross Energy Grids will create consistency across all City charging stations and will
make interpreting charging costs easier for EV drivers.
EV Parking Policies
Policy Action Item #2 Rationale
Complementary rules of this nature will encourage courteous EV driver etiquette. EV drivers
would be encouraged to only dwell for the allowable time and this would increase turnover at
charging stations so that more drivers can utilize them.
Policy Action Item #3 Rationale
Currently, the cost to park at charging stations is the same as the cost to park in a regular
parking space. When a fee to charge is applied to charging stations, EV drivers will still be
utilizing the City’s parking and should continue to pay the relevant parking costs as a result. The
only existing exception to this is the permit for EVs to park for free in Residential Parking Zones,
as referenced in Policy Action Item #4 below.
Policy Action Item #4 Rationale
This parking permit incentivizes EV ownership by allowing EV drivers to park for free in
Residential Parking Zones and is an effective bridge policy to make it less expensive for EV
drivers to park and charge in Aspen. Such an incentive is worthwhile to promote as EV
ownership continues to rise. However, a sunset date should be built into the existing policy, as
the incentive may no longer be necessary or effective at that time.
Policy Action Item #2
When a fee for charging is applied to City charging stations, the City should also implement
supporting charging station rules. For example:
• Increase fee after allowable time limit: If a car overstays at a station beyond the
allowable time limit, the fee charged for charging should be increased for the
remainder of the stay.
Policy Action Item #3
Maintain the current cost to park at all charging station sites and manage payment for
parking through the existing Parking Department systems.
Policy Action Item #4
Continue the existing EV parking permit that is available for EVs to park for free in
Residential Parking Zones until a sunset date of 12/31/2023. At this point the City can
reevaluate the permit.
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Operations Responsibility Outlines
Action Responsibilities
Operations Responsibility Outline #1
The City departments and external partners in this outline have committed to being
responsible for the listed actions required to install new charging stations and maintain
existing stations. Actions are listed in the left column of the table and the City department(s)
or external partner(s) responsible for the action is listed in the right column.
Maintain Existing Network of Public Charging Stations
Maintain and extend warranties Climate Action Office, Parking
Regular station check-ups Parking
Receive notice of station service needs Parking
Perform initial diagnoses and minor repairs when
station is down* Parking
Schedule and manage significant repairs Parking
Build relationships/contracts with local and national
service providers for repairs* Parking
Snow removal Streets
Maintain parking spot striping Streets
Maintain and update EV-specific signage Parking
Enforce parking and charging regulations Parking
Upgrade Existing Network of Public Charging Stations
Follow industry trends Colorado Energy Office ReCharge
Coach
Maintain information and data on station inventory Climate Action Office
Identify replacement/update opportunities Climate Action Office, Parking
Locate funding for replacements/updates Climate Action Office
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Installation of New Public Charging Stations
Project Management Climate Action Office
Identify site and timing for installation
Climate Action Office Coordinate all involved parties
Manage funding applied to installation
Installation Management Engineering
Procurement of station and relevant materials Engineering
Obtain relevant permits Engineering
Create and manage bid for construction Engineering
Manage electrical requirements Electric Utility
Neighborhood communications Communications
Station installation Engineering, Contracted Electrician
Connect station to power Electric Utility, Contracted Electrician
Connect station to charging network Parking, Contracted Electrician
Parking spot striping Streets
EV-specific signage Parking
Wrap-up Management Climate Action Office
Pin station on charging station network map Climate Action Office
Celebrate installation and inform community Climate Action Office,
Communications
Add station information to internal inventory Climate Action Office
Measure Usage and Analyze Data from Stations
Regularly pull usage data and organize Climate Action Office, GIS
Produce quarterly reports and share internally GIS
Page | 13
Compile community-wide station data (HCE stations,
private stations, etc.) when available for future
planning
Parking, Climate Action Office, GIS
Communications
Provide information for new EV drivers Parking
Receive customer complaints Parking
Provide information for residential chargers Building
Receive all other incoming EV questions Parking
Update website, update partners Climate Action Office,
Communications
Liaise with automotive dealers to provide utility
information re: charging and liaise with the DMV to
provide charging information to drivers
ReCharge Coach, Electric Utilities,
CORE, Parking
Manage EV parking permits Parking
Electric Management
Set and manage rate structures for electricity
provided to stations and rates for the drivers’ cost of
charging
Electric Utility, ReCharge Coach,
Climate Action Office
*New Resources Required to Support Action Responsibilities
• Parking Department
o The Parking Department will explore training to make a staff member a Certified
ChargePoint Installer. Staff who complete the Certified ChargePoint Installer
program can further support the installation of new ChargePoint charging stations
and better maintain existing charging stations, thus requiring less of external
contractors.
o In order to develop relationships with local and national service providers for
repairs, the Parking Department will coordinate with the City’s Capital Asset
Department, which may already maintain some of these relevant relationships
and contracts.
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Budget Responsibilities
Operations Responsibility Outline #2
The City departments listed in this outline have committed to being responsible for the
designated budget items associated with the installation of new charging stations or the
maintenance of existing charging stations.
Budget Item
Department
Responsible for
Budget Item
Budget Item
Currently
Funded?
Funding
Secured for
Future?
When Will
Future
Funding be
Needed?
Network
Connection
Climate Action Office
in the near-term
Yes
Need funds for
new stations 2023
Warranties
Climate Action Office
in the near-term
Parking in the long-
term
Yes Need funds for
new stations 2023
Maintenance Parking No No 2022
Electricity
Climate Action Office
until a rate is applied
at charging stations.
Once a rate is applied,
responsibility shifts to
the Aspen Electric
Utility if station is
located on the Aspen
Electric grid. Climate
Action Office retains
responsibility if station
is located on the Holy
Cross Energy grid.
Yes
Need funds
ongoing, can
recoup from
charging rate
2022
Installation:
New Station
Purchases
Climate Action Office Yes, Capital
Budget
Will need more,
depending on
future
installations
2023
Installation:
Electrical Labor
and Materials
Engineering No
No, but could be
included in
adjacent project
budgets
2023
Installation:
Excavation
Labor and
Materials
Engineering No
No, but could be
included in
adjacent project
budgets
2023
Page | 15
Note: The “Charging Station Cost Estimates” portion of the “Supporting Information” section
contains an overview of the costs associated with installing new charging stations and an
explanation of the variables that affect cost from site to site. Attachment D in the Appendix
contains a more detailed breakdown of all of the expected costs associated with installing new
charging stations.
The departments listed as responsible for a component of the budget to install and/or maintain
charging stations should collectively coordinate with the City Finance Department during the
implementation of this Masterplan to ensure these budgets are effectively established and
managed.
Topics for Further Consideration
The topics in this section are related to EV charging infrastructure but were either not fully
addressed by the stakeholder subgroups or were outside of the scope of this Masterplan. These
topics are worthy of further discussion and City staff should pursue these conversations upon
the implementation of this Masterplan.
Public-Private Partnerships
The stakeholders of this Masterplan generally support the installation of charging stations
through public-private partnerships (PPPs) in the public Right of Way (ROW). In such an
instance, a private entity would cover the cost of a new charging station and its installation in the
ROW if given approval by the City. Given the high price tag associated with installing new
charging stations, PPPs are a valuable tool to advance EV charging infrastructure in Aspen
while minimizing costs to the City. Accordingly, City staff, specifically the Engineering
Departments, Aspen Electric Utility, Parking Department, and City Attorney’s Office, should
collaborate to develop robust and uniform protocols for these PPPs. The terms of the
agreement for a PPP should be well established, including terms regarding charging station
data access, paid charging fee restrictions, charging station upkeep, and charging station
transfer of management.
Regional Approaches
While regional partners, and the insights they provided, were referenced throughout this
Masterplan, collaboration between the City of Aspen, other jurisdictions, and partner
organizations should continue in areas related to EVs. In particular, the relevant parties in the
local region should continue to coordinate on electric utility approaches to EV charging,
implementing more electric mass transit (electric buses), and creating pathways to share
updates on EV policies.
Fleet Electrification
The City should continue to advance the electrification of its internal fleet of vehicles. While a
select number of City departments have EVs, they should be far more pervasive across the
organization. The Climate Action Office intends to engage City staff in a process to determine
the best approaches to EV adoption in the City fleet during summer 2021.
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Main Street, Aspen Traffic
Supporting Information
Current State of Electric Vehicles and Charging
Infrastructure
Aspen’s Existing EV Charging Stations
The City of Aspen installed its first EV charging stations in 2015 and has since expanded the
charging stations it provides to the public. As of spring 2021, the City of Aspen owns and
operates eight publicly available EV charging stations (two DCFC chargers and six dual-cord,
Level 2 chargers) for a total of 14 charging plugs. Currently all City charging stations operate on
the Aspen Electric Utility, with the exception of a single station at the Brush Creek Park and
Ride, which operates on Holy Cross Energy. All City charging stations are currently free to use,
with the exception of the cost of parking when applicable. See Attachment E in the Appendix for
a map of the City’s EV charging stations and Attachment F in the Appendix for background
information regarding the different types of EV charging infrastructure.
In addition to the inventory of City-owned charging stations, there are numerous privately-owned
charging stations available for patrons of businesses, hotels, or other organizations in Aspen
and its Urban Growth Boundary (UGB). As of winter 2021, there were 21 private plugs within
City limits and 29 additional plugs located within the UGB, amassing a total of 50 plugs in the
Aspen area. These plugs are predominantly Level 2 chargers. These figures do not include
charging that takes place at private residences.
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Charging Plugs in the Aspen Area
City of Aspen 14
Private (within City Limits) 21
Private (within the UGB) 29
Total Plugs in the Aspen Area 64
S Galena Street DCFC Charging Station with Nissan Leaf
Local EV Charging Station Usage Trends
In late 2020 and early 2021, City GIS created a GIS Insights webpage that creates
visualizations of the data collected by the City’s EV charging stations and parking meters. Below
are some examples of the key information produced by the insights webpage that informed this
Masterplan.
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Notes:
• This data comes from nine of the City of Aspen’s 14 publicly available plugs, as only
nine plugs are capable of gathering data.
• Figures 1, 2, and 3 use a color key wherein dark red colored months are periods of high
usage and light blue colored months are periods of low usage.
Figure 1
Figure 1 highlights the patters of
usage the City’s charging stations
experience on a month-to-month
basis. This figure indicates that
charging stations are used most
frequently during Aspen’s peak
season months in the winter and
summer.
Figure 2
Figure 2 demonstrates what days
of the week charging stations are
most frequently used. Charging
stations tend to be utilized the most
on the weekends but are also
utilized consistently throughout the
week.
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Figure 3
Figure 3 explains the typical durations of charging sessions at the stations. Most charging
sessions last between 2-3 hours and take place during the peak business hours of 7am and
6pm.
Spring Street Level 2 Charging Station
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Figure 4
Figure 4 provides a snapshot of where the EVs that are charging at the City’s stations are
coming from within Colorado. The larger the size of the orange bubble on the map, the more
EVs originated from that location. While most EVs are coming from the Roaring Fork Valley, a
significant amount are also coming from the Front Range region. The City’s charging stations
have also recorded EVs from across the country, with most of those EVs originating in
California, Washington, Arizona, Texas, and Florida.
EV-only Parking Spot. Photo by Jane Wilch.
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Regional EV Registration Trends
EV ownership is on the rise across Colorado and the local, tri-county region is experiencing that
trend as well. The trends in the growth of EV ownership, both battery electric vehicles (BEVs)
and plug-in hybrid electric vehicles (PHEVs), are available from county-specific vehicle
registration data. The graphs below illustrate the increases in EV ownership of BEVs and
PHEVs combined at the regional (Figure 5) and Pitkin County-specific (Figure 6) levels.
Figure 5
Figure 6
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Regional YOY EV Registration Growth Pitkin County-Specific YOY
EV Registration Growth
Since 2010 68% 50%
Past 5 Years 34% 33%
EV ownership has grown substantially in recent years and is expected to continue to increase.
The State of Colorado set a goal of having 940,000 light duty EVs on the road by 2030, along
with a series of growth projections for EV ownership in Colorado in coming years. Using this
data and the historical growth in the local region, Holy Cross Energy (HCE) created their own
projection for EV ownership in the local region. Both the State’s and Holy Cross Energy’s growth
projections are highlighted below (Figure 7).
Figure 7
The State’s Low Growth, Medium Growth, and High Growth Models assume a 9%, 24%, and
44% YOY growth rate, respectively. Holy Cross Energy’s growth model for the local region
assumes a 34% YOY growth rate. This level of anticipated growth is substantial. The local
region currently has under 1,000 registered EVs, but under the Holy Cross Energy growth
projection, it can be anticipated that there would be nearly 30,000 EVs registered in the local
region by 2033. That projection indicates that there would be 4,000 – 5,000 registered EVs
in the local region by 2026, which is the timeline for the longevity of the action items and
responsibility outlines listed in this Masterplan. Stakeholders recognized the need to continue
advancing Aspen’s EV charging infrastructure at a pace that is close to projected EV ownership
growth. This pace is generally reflected in the action items and responsibility outlines put forth in
this Masterplan.
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Charging Station Cost Estimates
Overview of Costs
The costs associated with installing new EV charging stations can vary significantly depending
on the station type and the proximity of the station to an appropriate electrical source. Below is
an overview of the average costs that the City and other regional partners have incurred when
installing new charging stations. These costs encompass the equipment, labor, and permits/fees
required to install charging stations. Attachment D in the Appendix contains a more detailed
breakdown of the costs to install new charging stations.
Average Cost to Install Average Cost to Install with
ECI
Level 2 $22,918 $29,918
DCFC $61,416 $76,416
Cost Variables
Electric Community Investment Fee (ECI)
One variable cost when installing a new EV charging station is whether or not the station incurs
an Aspen Electric Utility ECI fee. This fee will apply when an electrical panel service upgrade is
required to put in a new charging station. Not every charging station installation will incur the
ECI fee (for example, stations installed in a parking garage or associated with a large building
may not require a panel upgrade). As such, the cost of installation with and without the ECI fee
were separated in the table above. The ECI fee is also not a fixed rate and is dependent on the
level of infrastructure upgrade required. For the sake of simplicity, the table above incorporates
an actual ECI fee that was applied to a recent City charging station installation that required a
relatively average infrastructure improvement.
Beneficial electrification, such as electric vehicle charging infrastructure, has impacts on the
overall demand that the community places on the electric utility grid. Thus, it is a prudent policy
for these new demands to be captured and accounted for with the ECI fee. This allows the
Aspen Electric Utility to account for incremental increases in demand and upgrade the
supporting infrastructure accordingly.
Labor and Materials
Another variable cost is that of excavation labor and materials. The cost of excavation rises as
the distance between a charging station and the electric transformer grows. A general rule of
thumb that can be used to estimate future excavation costs is: $100/foot of trenching distance.
Equipment
The significant difference between the cost to install a Level 2 charging station and a DCFC
station can primarily be attributed to the cost of the unit itself and the station’s associated
warranty cost. DCFC units (approximately $30,400 - $34,700) can be seven times more
expensive than their Level 2 counterparts (approximately $4,900 - $5,300), while warranties
follow a similar cost structure wherein costs are three times higher for DCFC stations compared
to Level 2 stations (approximately $6,800 vs. $2,200).
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Appendix
Attachment A: Stakeholder Group
Project Manager
Seamus Crowley, Project Analyst, City of Aspen Climate Action Office
Project Management Support
Laura Armstrong, Sustainability Programs Administrator, City of Aspen Climate Action Office
Ashley Perl, Climate Action Manager, City of Aspen Climate Action Office
Primary Stakeholders
Chris Bilby, Research and Program Engineer, Holy Cross Energy
Tyler Christoff, Director of Utilities, City of Aspen Utilities
Ron Christian, Electric Superintendent, City of Aspen Utilities
Jack Danneberg, Project Manager, City of Aspen Engineering
Justin Forman, Field Operations Manager, City of Aspen Utilities
Bridgette Kelly, GIS Program Manager, City of Aspen Engineering
John Kreuger, Director of Transportation, City of Aspen Transportation
Stefan Johnson, Transportation Program Manager, CLEER & ReCharge Colorado Coach
Willy McFarlin, Assistant Street Superintendent, City of Aspen Streets
Mitch Osur, Director of Parking and Downtown Services, City of Aspen Parking
Pete Rice, Division Manager, City of Aspen Engineering
Andy Rossello, Utilities Engineer, City of Aspen Utilities
Jeffrey Winter, Transportation Technician, City of Aspen Transportation
Josh Zeeb, GIS Analyst, City of Aspen Engineering
External Partners who Provided Discrete Input
Ryland French, Director of Facility Operations and Energy, Aspen Skiing Company
David Pesnichak, Regional Transportation Administrator, Pitkin County EOTC
Jason White, Assistant Planner, RFTA
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Attachment B: Charging Station Siting Criteria
The Recommended Site List was developed using the following process:
1. A weighted siting scoring criteria was developed by stakeholders. Stakeholders
determined what constitutes a good charging station location and then each applied a
weight of 1 – 5 (1 being the least important and 5 being the most important) to each
criterion. An average weight for each criterion was then created. A list of all criteria and
the associated weights assigned to the criteria can be found at the bottom of this
attachment.
2. Stakeholders assigned metrics for the scoring of the quantitative criteria based on the
following scoring scale:
o 5: Site meets criteria extremely well
o 4: Site meets criteria well
o 3: Site meets criteria
o 2: Site could meet criteria with effort
o 1: Site will not meet criteria
3. Stakeholders shared locations that they believed would be well suited for new charging
stations. Community members’ suggested locations for new charging stations were
included in this list as well.
4. City GIS staff analyzed the assigned scores, in conjunction with the weights assigned to
the criteria, and identified the top scoring sites, which make up the Recommended Site
List. City GIS staff also created a “heatmap” of the best potential areas for new charging
stations using the weighted siting criteria and scores assigned to quantitative criteria,
which can be found in Attachment C.
The qualitative weighted criteria, as listed below, were not included in the analysis to develop
the Recommended Site List because of the subjective nature of these criteria. It was not
feasible to assess sites for these qualitative criteria without knowing the exact location of a
potential new charging station and evaluating that location in person. The qualitative weighted
criteria should be used when comparing potential installation sites in the future to determine the
best location for a given charging station.
Criteria Weight
(1-5 range) Siting Criteria
Quantitative Criteria
4.6 Close proximity to suitable electrical point of connection (transformer)
4.3 Electrical connection (transformer) has sufficient capacity for a charging
station
4.0 Suitability to maintain safe sidewalk passage
3.7 Potential to utilize/partner with projects that involve excavation to reduce
costs of installation
3.6 Suitable for a block of multiple chargers
3.1 Proximity to connection points for other modes of transportation
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3.0 Proximity to multi-family housing
2.9 Not located in the downtown core (to avoid cars parking in tow away zones
overnight)
2.6 Suitable for workplace charging (proximity to commercial spaces)
2.5 Proximity to APCHA workforce housing
Qualitative Criteria
4.0 Site Safety (includes lighting, snow removal, ease of access)
3.9 Potential to be compliant with zoning and ROW requirements at the time of
installation
3.8 Minimal trenching required through paved areas (low asphalt and curb
costs)
3.5 Americans with Disabilities Act (ADA) accessibility compliance potential
3.4 Highly visible (to incentivize and educate others)
3.2 Proximity to desirable locations and services
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Attachment C: Charging Station Siting “Heatmap”
An interactive version of this “heatmap” will be made available to City staff during the
implementation of this Masterplan. City staff can use this tool to plan the siting of new charging
stations more strategically. The “heatmap” provides information on site suitability with a level of
specificity that is more refined than one city block.
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Attachment D: Detailed Charging Station Installation Costs
Level 2 Estimate
Station Permits/Fees Installation TOTAL
TOTAL
with
ECI
Level 2
Charger $4,903 Electrical Permit $200
Electrical
Labor +
Materials
$3,500
$22,918
$29,918
Activation
+
Validation
$0 ROW +
Permanent
Encroachment
$950
Excavation
Labor +
Materials
$9,000
Network $2,132 Signage $50 Warranty $2,183
Sum $9,218 Sum $1,150 Sum $12,550
DCFC Estimate
Station Permits /Fees Installation TOTAL
TOTAL
with
ECI
DCFC
Charger $34,680 Electrical Permit $300
Electrical
Labor +
Materials
$6,000
$61,416
$76,416
Activation
+
Validation
$0 ROW +
Permanent
Encroachment
$950
Excavation
Labor +
Materials
$9,000
Network $3,655 Signage $50 Warranty $6,781
Sum $45,116 Sum $1,250 Sum $15,050
Note: Activation and validation costs have typically been free to the City of Aspen through its
purchasing agreements with National Car Charging. If the City changes its charging station
provider, this service may no longer be free and could cost approximately $1,000 per station.
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Attachment E: Existing City EV Charging Stations Map
Note: 12 out of the 14 charging plugs in the City’s inventory are listed in the map here. The
additional two plugs are located at the Brush Creek Park and Ride lot.
Attachment F: EV Charging Infrastructure Basics
There are three types of charging stations, or plugs, that EVs can use to charge. Descriptions of
the basic characteristics of the different types of charging are listed below:
Level 1
• Power Required: standard, 120 Volt (V) wall outlet
• Charging Speed: 5 miles of charge per hour, 20 hours to reach a full charge
• Typical Use: home charging or infrequently used fleet vehicles (entails plugging into a
three pronged outlet and does not require installation of a charging station)
Level 2
• Power Required: 240V outlet
• Charging Speed:10-20 miles of charge per hour, 2-5 hours to reach full charge
• Typical Use: home charging, public parking, workplace charging
Level 3 or DCFC
• Power Required: 480V current
• Charging Speed: 60-80 miles of charge per 20 minutes
• Typical Use: transportation corridor charging, public parking, short-term commercial
parking