HomeMy WebLinkAboutresolution.council.088-26RESOLUTION #088
(Series of 2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND EXCAVATION SERVICES, INC., AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
Cemetery Lane multimodal intersection improvements, between the City of Aspen
and -Excavation Services, Inc., a true and accurate copy of which is attached hereto
as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
Cemetery Lane multimodal intersection improvements in the amount of
$442,652,14, between the City of Aspen and Excavation Services, Inc., a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager to execute said agreement on behalf of the City of Aspen.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 14"' day of July 2026.
Racha�l Richards, May
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, July 14', 2026.
Nicole Henning, City Clerk
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CITY OF ASPEM
STANDARD CONTRACT FOR CONSTRUCTION
2026=109 Cemetery Lane Pedestrian Improvements
THIS CONTRACT, made and entered into on the 5th of June, 2026, by and
between the CITY OF ASPEN, Colorado, hereinafter called the "City", and
Excavation Services Inc. hereinafter called the "Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein
contained, and for other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereto hereby agree as
follows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,
tools, machinery, equipment, temporary utilities, transportation, and any other
facilities needed therefor, and to complete in a good, workmanlike and
substantial manner the Project as described in the Scope of Work and/or
Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully
set forth (the "Project").
2. Plans. and Specifications, Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or
Proposal appended hereto for the same approved in writing by the parties hereto.
The Project shall also be constructed and completed in strict compliance with all
laws, ordinances, rules, regulations of all applicable governmental authorities,
and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including
the approval requirements of Section 4-0&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 ($442,652.14) 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 6th, 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 of Project Documents. This Contract and the Proposal or
Scope of Work appended hereto as Exhibit "A" are intended to supplement one
another. Contract Documents shall also include General Conditions for
Construction Contracts and Special Conditions appended hereto. However, in
case of conflict this Contract for Construction shall control.
8. Chan�.es 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. Acce tance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any
work done up to the time of such payment or occupancy, but the entire work is to
be subject to the inspection and approval of City at the time when Contractor
notifies City that the Project has been completed.
13. Notice of Completion Contractor's Release City agrees to sign and file of
record within five (5) days after the substantial completion and acceptance of the
Project a Notice of Completion. If City fails to so record the Notice of Completion
within said five (5) day period, City hereby appoints Contractor as City's agent to
sign and record such Notice of Completion on City's behalf. This agency is
irrevocable and is an agency coupled with an interest. Contractor agrees upon
receipt of final payment to release the Project and property from any and all
claims that may have accrued against the same by reason of said construction.
If Contractor faithfully performs the obligations of this Contract on its part to be
performed, it shall have the right to refuse to permit occupancy of any structures
by City or City's assignees or agents until the Notice of Completion has been
recorded and Contractor has received the payment, if any, due hereunder at
completion of construction, less such amounts as may be retained pursuant to
mutual Contract of City and Contractor under the provisions of Paragraph 3
above.
14. Indemnification. Contractor agrees to indemnify and hold harmless the City,
its officers, employees, insurers, and self-insurance pool, from and against all
liability, claims, and demands, on account of injury, loss, or damage, including
without limitation claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, or any other loss of any ki dind 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 insurers) 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 policy or policies shall have no
recourse against the City of Aspen for payment of any premiums or for
assessments under any form of policy.
Any and all deductibles in the above -described insurance policies shall be
assumed by and be for the amount of, and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work
in connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the
Architect at least fifteen (15) days prior to a policy's expiration date except
for any policy expiring on the expiration date of this Contract or thereafter.
f. Failure on the part of the Contractor to procure or maintain policies providing
the required coverage, conditions, and minimum limits shall constitute a
material breach of contract upon which City may immediately terminate this
contract, or at its discretion City may procure or renew any such policy or
any extended reporting period thereto and may pay any and all premiums in
connection therewith. All moneys so paid by City shall be repaid by
Contractor to City upon demand, or City may offset the cost of the premiums
against moneys due to Contractor from City.
g. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16.
a. In 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
Kyla Smits
To Contractor:
Excavation Services Inc.
PO Sox 1159
Carbondale, CO 81623
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 shall not transfer or assign
this Contract or its
responsibilities under this Contract nosubcontract to
responsibilities under this Contract, and any attempt to d
constitute a material breach of this Contract.
others its
o so shall
Contractor.
rights and
rights and
ie void and
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. Attorneus' Fees. If either party to this Contract shall institute any action or
proceeding to enforce any right, remedy or provision contained in this Contract,
the prevailing party in such action shall be entitled to receive its attorneys' fees in
connection with such action from the non -prevailing party.
29. Severability. Any provision in this Contract, which is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or
invalid without affecting the remaining provisions, and to this end the provisions
of this Contract are declared to be severable.
30. Nondiscrimination. ®uring 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.
32. U
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
oI er 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.
If the
extends beyond the calendar year, nothing herein shall b
contract awarded
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34. Waiver and Amendment. 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.
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 Technical Specifications.
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IN WITNESS WWEREOF, the parties agree hereto have executed this Contract
for Construction on the date first above written.
CITY OF ASPEN, COLORADO0
Title:
—Signed by:
�th� 5�
[Signature]
Pete Strecker
City Manager
Date: 7/16/2026 � 3:49:22 PM MDT
DocuSigned by:
I �G�1 riGtii/%YI,G IO�y,,
32737E149ED5457...
City Attorneys Office
Tltle:
PROFESSIONAL:
—Signed by:
Justin Nuun
President
®ate: 6/9/2026 � 11:30:29 AM PDT
Page: 13 Updated:10/2024
Page: 14 Updated:10/2024
EXHIBIT A
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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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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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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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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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City of Aspen - General Conditions for Construction Contracts
the Work population of that component, the Contractor shall perform a design defects analysis. If the analysis
shows the component design to be defective, the component shall be redesigned, and the entire population of
that component shall be replaced and/or retrofitted.
13.1.6 Whenever there is a conflict between the warranties required by the Contract Documents and the warranty
provided by a Subcontractor, manufacturer or Supplier, the terms and conditions of the warranty that affords the
City the greatest protection shall be binding upon the Contractor.
13.1.7 The above warranties or other warranties agreed to by Contractor shall not limit the City's rights under other
provisions of this Article with respect to latent defects, gross mistakes, or fraud.
13.1.8 Neither the foregoing nor any provision in the Contract Documents, nor any special guarantee time limit, shall
be held to limit the Contractor's liability for defects, to less than the legal limit of liability in accordance with
the law of the place of building.
13.1.9 Any supplies or equipment, or parts thereof, corrected or furnished in replacement under this Article, shall also
be subject to the terms of the warranty provisions herein to the same extent as supplies and equipment initially
delivered. The warranty, with respect to supplies, equipment, or parts thereof, shall be equal in duration as if
initially delivered and shall run from the date of delivery of the corrected or replaced supply, or upon the date it
is placed in service, whichever is later.
13.2 Access to Work:
The Project Manager and the Project Manager ’s representatives, other representatives of the City, testing agencies and
governmental agencies with jurisdictional interests shall have access to the Work, at any time for their observation,
inspecting and testing. Contractor shall provide proper and safe conditions for such access.
13.3 Tests and Inspections:
13.3.1 The Contractor shall cooperate with material testing persons and firms, and for required inspections, and
compliance and approval tests for the Work performed by the Contractor or his/her Subcontractor(s).
13.3.2 If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically
be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in
connection therewith and furnish the Project Manager the required certificates of inspection, testing or
approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection
or Re-testing required in connection with the City’s or the Project Manager ’s acceptance of a Supplier of
materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for
approval prior to The Contractor's purchase thereof for incorporation in the Work. The cost of all inspections,
testing, re-testing and approvals in addition to the above that are required by the Contract Documents shall be
paid by the Contractor (unless otherwise specified within the special conditions). The City will conduct and
pay for the conformance tests on materials installed in-place, and the Contractor shall pay for re-testing of all
failing and non-conforming materials thereafter.
13.3.3 All inspections, tests or approvals other than those required by Laws or Regulations of any public body having
jurisdiction shall be performed by professional firms or certified materials laboratories acceptable to the Project
Manager.
13.3.4 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written
concurrence of the Project Manager, it must, be uncovered for observation. Such uncovering and testing when
required by the Project Manager shall be at the Contractor's expense.
13.3.5 Neither observations by the Project Manager nor inspections, tests or approvals by others shall relieve the
Contractor from the Contractor's obligations to perform the Work in accordance with the Contract Documents.
13.4 Uncovering Work:
13.4.1 If any Work is covered contrary to the written request of the Project Manager it must, if requested by the
Project Manager, be uncovered for the Project Manager ’s observation and replaced at the Contractor's expense.
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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.
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SPECIAL CONDITIONS
for
Cemetery Lane Intersection Improvements
Project No. _______________
1.0 GENERAL:
1.01 Clarification of Terms: The Special Conditions are intended to specify and
provide additional description, clarification, or conditions that are applicable to this
Contract. These Special Conditions amend or supplement the Standard General
Conditions of the Construction Contract and other provisions of the Contract
Documents as indicated below. All provisions which are not so amended or
supplemented remain in full force and effect.
2.0 CONTRACT TIME:
2.01 Through Bidnet a Notice of Award will be issued by the City. Through Bidnet the
Contractor shall execute all necessary pages of the contracts. Contractor shall start
the Work on April 6, 2026 upon completion of the Pre-construction Conference.
The City of Aspen has set the date for Pre-construction Conference on March 30th
at 11am in Frigid Air Conference room, Engineering Office, City Hall.
2.02 The Contractor shall execute the Work with due diligence and shall fully complete
in every detail of the Work to be done under this Contract within Completion date
October 31st, 2026. All Work shall be one hundred percent (100%) complete for
this project on or before the Completion Date. The Contractor shall be responsible
for implementing all improvements by this date.
3.0 EXPLORATION REPORTS & MATERIALS TESTING:
Exploration reports and tests of subsurface conditions at the site are not available from the Design
Engineer. The Contractor shall perform such subsurface soils investigations when deemed
necessary through a certified materials Lab. All soil sampling & compaction, concrete paving, and
hot mixed asphalt paving related testing and re-testing will be performed by a certified materials
testing laboratory acceptable to the Project Manager and at his/her direction. The City of Aspen
will contract directly with a certified materials testing laboratory and the cost of testing and re-
testing shall be paid by the City. The contractor shall be responsible for scheduling materials
testing.
4.0 PROJECT MANAGER AND THE CITY’S REPRESENTATIVE:
The Project Manager shall be a member of the City of Aspen staff.
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The Resident Project Representative (RPR) will be The Project Manager’s employee or agent at
the Site, will act as directed by and under the supervision of The Project Manager, and will confer
with The Project Manager regarding RPR’s actions.
The Project Manager and the City’s RPR shall serve as a means of communication between the
City and the Contractor and shall monitor the Work for the City.
Unless provided in writing by the Project Manager, any on-site Inspector or Representative of the
City shall not have the authority to render any binding decision nor make any binding judgments to
the Contractor pertaining to any work which may change the Contract price or time of completion,
or change the quality of Work, or change the manner in which the Work is being performed.
RPR’s dealings in matters pertaining to the Work in general shall be with Project Manager and
Contractor. RPR’s dealings with Subcontractors shall be through or with the full knowledge and
approval of Contractor. The RPR shall:
1. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample
submittals, and schedule of values prepared by Contractor and consult with Project
Manager concerning acceptability
2. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meeting, job conferences and other project related meetings, and
prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as Project Manager’s liaison with Contractor, working principally through
Contractor’s authorized representative, assist in providing information regarding the
intent of the Contract Documents.
b. Assist Project Manager in serving as Owner’s liaison with Contractor when
Contractor’s operations affect Owner’s on-Site operations.
c. Assist in obtaining from Owner additional details or information, when required for
proper execution of the Work.
4. Interpretation of Contract Documents: Report to Project Manager when clarifications and
interpretations of the Contract Documents are needed to transmit to Contractor
clarifications and interpretations as issued by Project Manager.
5. Shop Drawing and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and notify Project
Manager of availability of Samples for examination.
6. Modifications: Consider and evaluate Contractor’s suggestions for modifications on
Drawings or Specifications and report such suggestions, together with RPR’s
recommendations, to Project Manager. Transmit to Contractor in writing decisions as
issued by Project Manager.
7. Review of Work and Rejection of Defective Work:
a. Conduct on-Site observations of Contractor’s work in progress and assist Project
Manager in determining if the Work is in general proceeding in accordance with the
Contract Documents.
b. Report to Project Manager whenever RPR believes that any part of Contractor’s
work in progress will produce a completed Project that conforms generally to the
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Contract Documents or will imperil the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents,
or has been damaged, or does not meet the requirements of any inspection, test or
approval required to be made; and advise Project Manager of that part of work in
progress that RPR believes should be corrected or rejected or should be uncovered
for observation, or requires special testing, inspection or approval.
8. Inspections, Tests, and System Startups:
a. Verify that tests, equipment, and systems start-ups and operating and maintenance
training are conducted in the presence of appropriate Owner’s personnel, and that
Contractor maintains adequate records thereof.
b. Observe, record, and report to Project Manager appropriate details relative to the
test procedures and system start-ups.
9. Records:
a. Record names, addresses, , email addresses, website locations, and telephone
numbers of all Contractors, Subcontractors, and major Suppliers of material and
equipment.
b. Maintain records for use in preparing Project documentation.
10. Reports:
a. Furnish to Project Manager periodic reports as required of progress of the Work and
of Contractor’s compliance with the progress schedule and schedule of Shop
Drawing and Sample submittals.
b. Draft and recommend to Project Manager proposed Change Orders, Work Change
Directives, and Field Orders.
c. Obtain backup material from Contractor.
d. Immediately notify Project Manager of the occurrence of any Site accidents,
emergencies, acts of God endangering the Work, damage to property by fire or
other causes, or the discovery of any Hazardous Environmental Condition.
11. Payment Requests: Review Applications for Payment with Contractor for compliance with
the established procedure for their submission and forward with recommendations to
Project Manager, noting particularly the relationship of the payment requested to schedule
of values, Work completed, and materials and equipment delivered at the Site but not
incorporated in the Work.
12. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify
that materials and equipment certificates, operation and maintenance manuals and other
data required by the Specifications to be assembled and furnished by Contractor are
applicable to the items actually installed and in accordance with the Contract Documents,
and have these documents delivered to Project Manager for review and forwarding to
Owner prior to payment for that part of the Work.
13. Completion: Participate in a Substantial Completion inspection, assist in the determination
of Substantial Completion and the preparation of lists of items to be completed of
corrected.
a. Participate in a final inspection in the company of Project Manager, Owner, and
Contractor and prepare a final list of items to be completed and deficiencies to be
remedied.
b. Observe whether all items on the final list have been completed or corrected and
make recommendations to Project Manager concerning acceptance and issuance of
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the Notice of Acceptability of the Work.
14. The RPR shall not:
a. Authorize any deviation from the Contract Documents or substitution of materials
or equipment (including “or-equal” items).
b. Exceed limitations of Project Manager’s authority as set forth on the Contract
Documents.
c. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or
Contractor’s superintendent.
d. Advise on, issue directions relative to, or assume control over any aspect of the
means, methods, techniques, sequences or procedures of Contractor’s work unless
such advice or directions are specifically required by the Contract Documents.
e. Advise on, issue directions regarding, or assume control over safety practices,
precautions, and programs in connection with the activities or operations of Owner
or Contractor.
f. Participate in specialized field or laboratory tests or inspections conducted off-site
by others except as specifically authorized by Project Manager.
g. Accept Shop Drawing of Sample submittals from anyone other than Contractor.
h. Authorize Owner to occupy the Project in whole or in part.
5.0 PROGRESS SCHEDULE AND SEQUENCE OF OPERATIONS:
5.1 Prior to the pre-construction conference, the Contractor shall submit for review of
the Project Manager a critical-path chart showing the estimated progress for the
component divisions of the Work and a balanced time breakdown, showing the
estimated progress schedule for the entire Project. For purposes of comparison, the
Contractor shall submit with each progress pay estimate a form showing the actual
rate of progress to date for the component divisions and for the Project as a whole.
The actual rate of progress shown on the form shall only include Work completed
and shall not include stored materials.
5.2 The Contractor shall also submit for approval, prior to the pre-construction
conference, a Traffic Control Plan for each segment of the street, a narrative of the
planned sequence of construction indicating the approximate date and time duration
of any road or street restrictions or closures, utility interruptions, etc., as applicable to
this project.
5.3 The Contractor shall also submit for approval, prior to the pre-construction
conference, a Construction Management Plan (CMP). The CMP must be prepared in
accordance with the City’s CMP Requirements Manual.
5.4 In the event that the rate of actual progress of the Work falls behind the estimated
progress indicated on the approved critical-path chart and in the absence of time
extensions if any granted by the Project Manager, the Contractor shall accelerate the
Work by placing additional forces and equipment on the Project so that the Project
will be completed within the Contract Time. The Contractor shall be capable and
make available more than one work crew to perform the work on time.
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5.5 The Contractor shall provide a list of emergency (24 hour) contact name(s),
addresses and phone numbers to the Project Manager 24 hours prior to the pre-
construction conference. Emergency phone calls must be responded to in 15 minutes
or less and action must be taken on the emergency condition immediately. Such
emergency calls shall be project related corrective and restorative work and shall be
considered subsidiary to the construction bid items and at the Contractor's cost. The
Owner may initiate such corrective work at Contractor's cost if the Contractor fails to
perform the required task within one hour of an emergency call.
5.6 The Contractor shall be responsible for keeping traffic flows on the streets at all
times during and after their daily work activities. In addition, intermittent
interruptions to traffic flow must be kept to a minimum.
5.7 Project Timing and Phasing - Sequence of Operations
5.7.1 From June 1st to September 1st no construction will be permitted.
5.7.2 Notice of Cemetery Lane Trail or partial road closures must be given to the
Project Manager seven (7) days prior to the closure. Any trail closures must
provide an alternative route for trail users utilizing flaggers or other
approved alternative.
5.7.3 A proper construction phasing plan will limit trail closures to the greatest
extent practicable.
5.7.4 Full closure of Cemetery Lane will not be permitted.
5.7.5 Coordination with RFTA to minimize disruptions to the Cemetery Lane Bus
route will be required.
5.8 Staging of equipment and material shall be solely on the street section actively under
construction. Staging is not permitted on Cemetery Lane. The City will provide
parking spots for staging on Silverking Drive or Snowbunny Lane as necessary.
5.9 Bike lane and pedestrian walkways shall be maintained at all durations of the project
with minor exemptions at critical construction points. A physical barrier such as a
crowd control barrier shall be placed between the bikeway and active construction.
5.10 If sidewalks are closed an ADA compliant protected walkway shall be provided
adjacent to the work at all times.
5.11 ADA access shall be maintained to public and private facilities at all times.
5.12 Coordination with adjacent construction sites shall be required.
6.0 SURVEY CONTROL:
The Contractor shall be responsible for establishing grades from the Bench Mark(s) established
and described in the Contract Documents. At a minimum, the Contractor shall establish a
construction base line, layout staking and cut sheet(s) by an insured Colorado registered
professional land surveyor. The Contractor shall be responsible for protecting and/or re-
establishing bench mark control if necessary during the construction process.
7.0 PROTECTION OF PUBLIC FACILITIES, UTILITIES AND OTHER ADJOINING
PROPERTY:
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
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reasonable protection to prevent damage, injury, or loss to other property at the site or adjacent
thereto, and he shall be liable for any and all claims for such damage on account of his or her
failure to fully provide such protection.
The Contractor shall preserve and protect all existing vegetation such as trees, shrubs, and grass
on or adjacent to the site which do not unreasonably interfere with the construction, as may be
determined by the Project Manager.
The Contractor shall be responsible for all unauthorized cutting or damage of trees and shrubs,
including damage due to careless operation of equipment, stock piling of materials, or tracking of
sodded areas by equipment.
The Contractor shall at all times take proper precautions for the protection and or replacement or
restoration of driveways culverts, fencing, irrigation systems, irrigation crossings, mailboxes,
landscape improvements and all other public and private installations that may be encountered
during construction. Such protection or replacement shall be borne by the Contractor.
The Contractor shall work with adjacent property owners to coordinate any construction activity
that disrupts adjacent property owners’ landscaping.
The Contractor is responsible for any damage outside of the work area. Prior to starting work,
the Contractor is to provide the City with photos of areas that may be impacted by the Contractor
for the use in determination of restoration
The Contractor shall notify all public utility companies at least forty-eight (48) hours prior to
commencement of any Work in the vicinity of the utilities.
It shall be the Contractor’s responsibility to determine the exact location of utilities that may
interfere with the performance of the Work of this project by exploratory excavation sufficiently
in advance of beginning construction in an area so that potential conflicts may be resolved. It
shall be the Contractor’s responsibility to make all arrangements with the utility owner(s) for
utility relocations or adjustments and to coordinate the sequence of such work to eliminate
possible conflicts with construction progress. The cost to relocate utilities necessary for the
performance of the work shall be paid by the City. The cost to relocate utilities for the
convenience of the Contractor shall be paid by the Contractor.
Work involving changes in, or interference with, utility service shall be done at such times and in
such a manner that it will minimize interference with the proper handling and delivery of the
utility service to the receiving customers. Contractor shall notify, or arrange through the
appropriate utility company notification of, all parties that will be affected at least 48 hours prior
to the time service is disconnected or interrupted. Notice shall consist of publication in a local
newspaper and/or announcement on local radio stations as determined by the Project Manager.
Damaged utilities shall be immediately repaired and restored to service. Repair work shall be
continuous until the service is restored. The Contractor is responsible for immediate notification
of the utility company if there is any damage to a utility.
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8.0 PRESERVATION OF PERMANENT LAND SURVEY CONTROL MARKERS:
All survey control points, including benchmark and reference crosses, and range points have
been tied out by the City and range boxes set on all range points. If the range box and/or range
point is impacted by proposed construction, the Contractor will salvage the existing range box,
and if possible, preserve the range point. The Contractor will notify the City to schedule the
replacement of the range box prior to placing the top lift of pavement. If the range point or
benchmark is scheduled for removal as part of the construction, the City will reset the range
point one time at no expense to the Contractor.
If it is necessary to reset a range point or benchmark more than one time, the Contractor shall be
required to pay the City market rate per hour for the re-survey work. If the existing range box is
destroyed or damaged during construction, the City will furnish the Contractor a new range box
at a cost to the Contractor of current market rate. The Contractor shall provide the City 24-hour
notice for setting range boxes.
9.0 COOPERATION BETWEEN CONTRACTOR AND AGENCIES:
The Contractor is required to coordinate the scheduling of construction activities with other
Contractors working in adjacent areas. No damages, delay costs, or additional contract time,
claimed by the Contractor, due to construction of other projects, will be granted by the City.
The Contractor is required to coordinate the work, construction schedule, traffic control and
permitting requirements with the applicable adjacent jurisdictional agencies to include
metropolitan districts and government agencies. It is the Contractor’s responsibility to obtain
any permits as required from other government agencies.
The Contractor shall notify all affected businesses, school & bus districts and metropolitan,
government & emergency services agencies two weeks ahead of any planned road closures.
10.0 DAMAGE TO CONSTRUCTION:
The Contractor shall safeguard, until all contracted work is formally accepted, all construction,
both complete and incomplete, against damage and destruction, and should damage result, he will
be required to reconstruct at his expense in a manner conforming to the Plans and Specifications,
reconstruction shall be in a manner suitable to the Project Manager. No repair or mitigating option
for damaged Work will be accepted by the City.
11.0 JOB SITE RESTRICTIONS:
All materials to be removed from the project site or demolished on site, shall be disposed of by the
Contractor off the project site unless requested otherwise by the Project Manager. The City's
property is not available for Contractor staging or storage area, unless if permitted by the Project
Manager within the existing right of way. The City's property is not otherwise available for a
Contractor's disposal area.
12.0 WORKING HOURS:
Work will normally be permitted between 7:30 a.m. and 5:00 p.m. Monday thru Friday; other work
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hours must be approved by the City in writing. Construction activity which generates noise in
excess of 80 decibels is restricted to the hours of 9:00 am to 5:00 pm Monday thru Saturday.
13.0 DISPOSAL OF HAZARDOUS MATERIALS:
The disposal of any hazardous materials shall be the sole responsibility of the Contractor.
14.0 SALVAGE:
Stone masonry, concrete, timber and other items removed from the site shall become the property
of the Contractor, unless otherwise noted in the project documents, and disposed of off-site.
15.0 SUBCONTRACTORS AND SUPPLIERS:
Contractor shall identify in his/her sealed bid the name and address all Sub Contractors, Suppliers,
and other persons or organizations that will furnish the principal items of materials, equipment or
labor for this project.
16.0 STANDARDS USED:
All work shall be completed in accordance with this contract and the following standards used by
the City of Aspen: The current edition of the Colorado Department of Transportation Road and
Bridge Book, excluding Section 100 and as modified by the Special Conditions, City of Aspen
Engineering Design Standards, City of Aspen Construction Management Plan Requirements
Manual, City of Aspen Water Distribution Standards, and City of Aspen Electric Standards as
applicable.
17.0 PRECEDENCE OF THE CONTRACT DOCUMENTS:
The order of precedence of Contract Documents shall be as follows:
1. Addenda
2. Drawings, if any
a. Detailed Drawings
b. Standard Drawings
3. Special Conditions
4. Referenced Technical Specifications
5. Contract for Construction
6. Instruction to Bidders
7. Standard General Conditions
8. City of Aspen Engineering Design Standards
9. Construction Management Plan Requirements Manual
10. The current edition of the Colorado Department of Transportation Road and Bridge
Book excluding Section 100 and as modified by the Special Conditions.
18.0 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS:
The Contractor shall furnish Performance, Payment and Maintenance Bonds, each in an amount
equal to one hundred percent (100%) of the total Contract price as security for the faithful
performance, payment, maintenance obligations of all Contractor's Work under the Contract
Documents. Reference is made to the General Conditions for further requirements for
Performance, Payment and Maintenance Bonds.
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19.0 WARRANTY INSPECTION:
At the City's discretion, a warranty inspection will be held during sixty (60) calendar days prior to
the expiration of the warranty period under the Maintenance Bond. The Contractor shall provide
an authorized representative at such inspection to represent the Contractor's interests. All defects
identified during inspection shall be corrected at Contractor's expense at the direction of the City
immediately. Corrective Work shall be commenced within five (5) consecutive calendar days after
written notice to Contractor.
20.0 MATERIAL TESTS AND CERTIFICATES:
20.01 All materials to be incorporated into the Work may be subject to sampling, testing
by the Contractor per Section 4.0 of these special conditions, and approval and
samples furnished shall be representative of the material to be used.
20.02 Tests required to guard against unsuitable materials or defective workmanship and
to demonstrate that materials comply with the provisions of the Contract
Documents shall be paid for by the Contractor.
20.03 The procedures and methods used to sample and test materials shall be as specified
or as determined by the Project Manager. Unless otherwise specified in these
Special Conditions, samples and test shall be made in accordance with the latest
standard methods of ASTM, AWWA, AASHTO, and CDOT's edition of Standard
Specifications for Road and Bridge Construction.
20.04 The Contractor shall furnish at least one copy of test results to the Project Manager
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THE CITY OF ASPEN
Engineering Department
SPECIAL CONDITIONS – PART TWO
TECHNICAL SPECIFICATIONS
for
Cemetery Lane Pedestrian Improvements
Project No. 2026-XXX
1.00 GENERAL.
1.01 The Special Conditions, Part Two, Technical Specifications, are intended to specify
and provide additional description, clarification, or conditions that are applicable to
this Contract.
1.02 The Technical Specifications shall delineate the measurement and payment for each
item listed below, as well as emphasize the appropriate standard construction
specifications which are the Colorado Department of Transportation's Division of
Highways (DOH) Standard Specifications for Road and Bridge Construction (SSR
& BC), 2025 Edition, or as modified in these Special Conditions. Any conflicts
between the DOH Standard Specifications and the provisions herein shall be
resolved by the City Engineer of the City of Aspen, Pitkin County, Colorado.
1.03 Standards Used: The Special Conditions shall delineate the measurement and
payment for each item listed below, as well as emphasize the appropriate
construction specifications which are the Colorado Department of Transportation’s
Division of Highways (DOH) Standard Specifications for Road and Bridge
Construction (SSR & BC), 2025 Edition, or as modified in these Special
Conditions. Any conflicts between the DOH Standard Specifications and the
provisions herein shall be resolved by the City Project Manager. Additional
standards for construction within City of Aspen include:
• City of Aspen Engineering Standards
• City of Aspen Electrical Standards
• City of Aspen Construction Management Plan Manual
• IEEE C2-2023 National Electrical Safety Code
• National Electrical Manufacturers Association
• NFPA 70, The National Electric Code
• American Society for Testing and Materials
• Underwriters Laboratory
1.04 The Unit Bid Item: The cost for each Bid item listed in the Contractor’s Proposal
Form shall include the labor, equipment, materials, delivery, manufacturer's or
supplier's certification testing, insurance(s), permits, licenses, construction
surveying & staking, preparation of As-Built plans as applicable, taxes, profit and
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overhead expenses, administration, clerical, secured storage, complete in-place
installation, site restoration to original or better condition and cleanup to the
satisfaction of the City Engineer.
1.05 The City intends to award the work as one contract which will consist of Base Bid
only in the complete Bid Proposal Form. The City further intends to award the
Contract to the lowest responsible and responsive Bidder within the limits of the
funds available and to best serve its interests.
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SECTION 01 0250
MEASUREMENT AND PAYMENT
PART 1 GENERAL
1.01 SUMMARY
This section describes the procedure for Application for Payment by the Contractor.
This section establishes the basis of payment, application format, application content
and application review process required by the Owner before they will process the
application for actual payment.
1.02 RELATED SECTIONS
A. Agreement
B. Contractor’s Application for Payment
C. General Conditions
D. Section 01700 - Contract Closeout
1.03 FORMAT AND DATA REQUIRED
A. Submit Applications for Payment and all other required forms and information to the
Engineer.
B. Provide itemized data on continuation sheets.
C. Format, schedules, line items, and values: Those of the approved Schedule of Values.
1.04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT
A. Prepare Application for Payment and all other required information to Engineer in
accordance with terms and schedule established in the General Conditions,
Supplemental General Conditions and the Agreement Between Owner and Contractor,
or as otherwise negotiated between Owner and Contractor.
B. Application Form
1. Required information completed, including that for Change Orders executed prior
to the date of submittal of application.
2. Summary of dollar values to agree with the respective totals indicated on the
continuation sheets.
C. Continuation Sheets
1. Total list of all scheduled component items of Work, with item number and the
scheduled dollar value for each item.
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2. Dollar value in each column for each scheduled line item when work has been
performed.
3. Each Change Order executed prior to the date of submission shall be listed at
the end of the continuation sheets.
4. List by Change Order number and description as for an original component item
of work.
D. Contractor shall execute certification with the signature of a responsible officer of the
Contractor's firm.
1.05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS
A. When Owner or Engineer requires substantiating data, Contractor shall submit suitable
information with a cover letter identifying:
1. Project name and number.
2. Application number and date.
3. Detailed list of enclosures.
B. Submit one (1) copy of data and cover letter for each copy of application.
1.06 SCHEDULE OF VALUES
A. Refer to General Conditions for requirements.
B. Where payment is to be based on unit bid prices, correlate Schedule of Values with bid
items.
C. Where payment is to be based on fixed price, correlate Schedule of Values with
divisions and sections of specifications, unless otherwise approved by the Engineer.
D. On Bid items to be paid as lump sum that may extend beyond a single pay estimate, a
schedule of values shall be submitted to Owner a minimum of 10 days prior to Work on
that item. Adequate detail shall be given to allow a value to be placed on Work
completed during any given pay estimate. Where payment is to be based on unit Bid
prices, correlate schedule of values with divisions and sections of Specifications, unless
otherwise approved by the Engineer.
E. If separate payment is requested for materials suitably stored but not installed, paid
invoices for the item shall be submitted.
F. The Schedule of Values line item for mobilization shall be paid for as a lump sum and
shall include all fixed costs for the Work; by way of example, mobilization and de-
mobilization, bond and insurance costs, etc. The first partial pay request shall include not
more than 75% of this Bid amount; 25% of this Bid amount shall be paid on the final pay
request.
1.07 PREPARATION OF APPLICATION FOR FINAL PAYMENT
A. Contractor shall complete Application form as specified for progress payments.
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B. Continuation sheets used for presenting the final statement of accounting as specified in
Section 01700-Contract Closeout.
1.08 SUBMITTAL PROCEDURE
A. Submit Application for Payment and all required information to Engineer for review in
accordance with the established schedule. Application and all related forms shall be
properly executed by signature of a responsible officer of the Contractor's firm.
B. Engineer to review and verify Application for Payment within established schedule.
Contractor shall make corrections noted by Engineer and re-submit three copies of
Application to Engineer.
C. When Engineer finds the Application complete and correct, Engineer will transmit two
copies of the complete Application packet to Owner for processing.
1.09 BASIS OF PAYMENT
Progress payments will be made on the basis of Engineer’s opinion of completed work of
individual project components, plus suitably stored materials on-hand, per the approved
Schedule of Values and in accordance with the terms of the General Conditions and
Agreement
A. LUMP SUM PRICES
1. Where lump sum prices are given for a described portion of the work, that price
shall cover all materials, equipment and labor necessary to acquire, deliver, store
and install that portion of the work, complete and in place, as shown and
indicated in the drawings and as described in the Project Manual.
2. Quantities given in the bid form are estimates for the purpose of evaluating bids.
Consequently, some differences may arise in actual and bid quantities.
3. Quantities given for lump sum items, including earthwork, are estimates only.
The Contractor should satisfy himself as to the actual quantities required to
complete the work described in the plans and these specifications. Unit costs for
earthwork will not be employed to determine payment.
B. UNIT PRICE BID ITEMS
1. Payment for work included in unit price bid items shall be based on the
completed value of each unit in such quantity actually installed as measured and
determined by the Engineer unless the approved Schedule of Values provides
sufficient detail for measurement and payment of partial progress of work.
2. Unit pricing shall include all materials, equipment and labor necessary to
complete the bid item as shown and indicated in the project documents.
3. Quantities given in the bid form are estimates for the purpose of evaluating bids.
Consequently, some differences may arise in actual and bid quantities.
4. Contractor or Owner may request re-negotiation of Unit Price for an item if the
actual field measured work done for that item differs from the estimated quantity
by more than 50% under the following terms:
a. Contractor shall not make any claim for damages for any work item for
which the actual field measurement does not differ from the estimated
quantity by more than 50%, higher or lower.
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b. Re-negotiated Unit Prices shall be based on actual costs to Contractor for
the specific work item plus a reasonable allowance for overhead and
profit.
c. Re-negotiating the Unit Price shall not increase or decrease the Unit Price
by more than 10 percent.
d. Contractor shall submit to Owner satisfactory data substantiating the
actual costs and overhead rate to perform the Work covered by the Unit
Price being re-negotiated.
5. No payment will be made if the entire bid item is unused.
C. MINOR CONTRACT REVISIONS
1. If provided on the Bid Schedule, the Minor Contract Revisions line item is for the
sole use of Owner at Owner’s discretion for changes to the project.
2. The Contractor’s shall include the dollar amount provided by the Owner for Minor
Contract Revisions in his base bid total.
3. The intent of this line item is to provide the Owner’s designated project manager
a mechanism to approve minor changes to the work, either from Contractor
requested changes or from Owner modification, without unnecessary project
delay and without further approval by the Owner.
4. The Owner shall retain all unused monies in this line item.
5. The Owner shall direct Contractor in writing when this line item is to be used
along with the amount to be included in the Application for Payment.
D. ALLOWANCES
1. If provided on the Bid Schedule, an Allowance line item is for the sole use of
Owner at Owner’s discretion for changes to the project.
2. Allowance line items shall be administered per conditions of GC-11.02.
3. The Owner shall direct Contractor in writing when this line item is to be used
along with the all pertinent specifying information for purchase by contractor.
4. Contractor shall submit purchase receipts documenting the cost of owner
requested materials with pay application for reimbursement.
E. STORED MATERIALS
1. If separate payment is requested for materials suitably stored but not installed,
paid invoices for the materials shall be submitted.
2. Stored materials will be paid at invoice cost plus a maximum of ten percent
markup to cover submittals, delivery and handling.
3. Requests for materials stored offsite must be approved by Engineer. Request
must contain name and address of storage location, property owner, insurance
summary covering equipment, description of measures to protect equipment from
physical and environmental damage, photo documentation of protection in place
and identification of material (Owner, project and equipment), and letter granting
Owner legal right to entry and retrieval of materials.
1.10 BID ITEMS – CORRESPONDING WITH BID FORM
A. Bid Item #1 – Mobilization/Demobilization
1. Description
a. This line item is for the Contractor’s mobilization and demobilization to
and from the site for Work under this contract.
2. Specific inclusions, exclusions or special considerations
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a. This line item shall include all labor, materials and equipment involved
with mobilization and demobilization to the site.
3. Payment Basis
a. Lump Sum
B. Bid Item # 2 – Traffic Control
1. Description
a. This line item is for the traffic control required for the roadway and for
Cemetery Lane Trail for the Work.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials and equipment involved
with furnishing, erecting, cleaning, maintaining, resetting, repairing,
replacing, moving, removing, and disposing of the construction traffic
control devices. All construction traffic control devices that are not
permanently incorporated into the project will remain the property of
the Contractor.
b. Traffic control devices that are left in place during non-working hours,
including configurations such as lane closures, temporary
channelization or detours, are not considered active traffic control and
will not be paid for as such.
c. Cleaning and maintaining of traffic control devices are not considered
traffic control activities subsidiary to the Traffic Control Management,
Traffic Control Inspection, or flagging items. Cleaning and maintaining
devices is included in the basis of payment.
d. Payment will be made for Traffic Control Management for each
calendar day.
e. The quantity to be measured for flagging will be the total number of
actual flagging hours that are used as authorized per an approved
Method of Handling Traffic (MHT). Payment will not be made for time
spent by flaggers to set up and take down construction traffic control
devices. Payment will not be made for additional flaggers necessary
to cover flagger break times and shall be included in the cost of work.
f. Notice by the Contractor to the Owner is required a minimum of
seven (7) days before any proposed Cemetery Lane Trail Closures.
Flaggers will be required for any trail closures to direct trail users
around closures.
3. Payment Basis
a. Day
C. Bid Item # 3 – Erosion and Sediment Control Plan and Management
1. Description
a. This line item is for the erosion and sediment control plan and
management required for the Work.
2. Specific inclusions, exclusions or special considerations.
a. This line item shall include all labor, materials, and equipment involved
with the installation, maintenance, monitoring and operation of the erosion
and sediment control plan and management.
b. This line item shall include all necessary permit fees for erosion and
sediment control plan and management, as applicable.
3. Payment Basis
a. Lump Sum
D. Bid Item #4 – Construction Surveying
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1. Description
a. This line item is for the construction surveying, calculating, and staking
necessary for the construction of all elements of the project.
2. Specific inclusions, exclusions or special considerations
a. The work shall be done under the supervision of a Professional Land
Surveyor (PLS) or Professional Engineer (PE) who is experienced in and
competent in road and bridge surveying and licensed in the State of
Colorado.
b. This line item shall include all personnel, survey equipment, safety
equipment, materials, and traffic control necessary to perform the required
construction surveying and staking.
c. Payment for construction surveying will be the contract lump sum bid and
will be full compensation for all surveying work necessary to complete the
project as shown on the plans, to include all resetting of stakes, marks,
monuments Secondary and Primary Control points, and preparing
supplemental or amended Project Control Diagrams.
d. Partial payment for construction surveying, as determined by the Engineer,
will be made as the work progresses. The Contractor shall submit a
schedule of contractor construction surveying time before the first partial
payment is made.
e. Copies of all Survey Records for all completed survey work shall be
submitted to the Engineer prior to payment of the monthly estimate.
3. Payment Basis
a. Lump Sum
E. Bid Item #5 – As-builts
1. Description
a. This line item is for the production of as-constructed as-builts for the Work,
in accordance with these construction documents and City of Aspen
Engineering, Water Distribution, and Electric Standards.
2. Specific inclusions, exclusions or special considerations
a. This line item includes the labor, equipment, and materials required for
production of as-constructed as-builts for the Work, in accordance with
these construction documents and City of Aspen Engineering, Water
Distribution, and Electric Standards.
b. This line item includes locates of all sub-grade utilities, existing and
installed for the Work.
3. Payment Basis
a. Lump Sum
F. Bid Item #6 – Irrigation Reset/Repair
1. Description
a. This line item is for the reset and repair of irrigation necessary to complete
the Work.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include the labor, materials, and equipment required for
irrigation reset/repair as found during the course of construction.
3. Payment Basis
a. Lump Sum
G. Bid Item #7 – Full depth asphalt removal
1. Description
a. This line item is for the full-depth removal of asphalt as identified in the
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contract documents.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include the labor, materials, and equipment required for
full-depth asphalt removal as identified in the contract documents. The
Work shall include cutting asphalt in reasonably close conformity with the
dimensions in the contract documents to create lines of weakness in order
to facilitate controlled breaking for removal.
b. The Work shall also include the labor, materials, and equipment required
for disposal of removed asphalt.
3. Payment Basis
a. Square foot (SF)
4. Estimated Quantity: 2,091 SF
H. Bid Item #8 – Asphalt milling – T-Top patch
1. Description
a. This line item is for the milling necessary to install a T-Top patch of asphalt
as identified in the contract documents.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include the labor, materials, and equipment required for
asphalt milling as identified in the contract documents.
3. Payment Basis
a. Square foot (SF)
4. Estimated Quantity: 563 SF
I. Bid Item #9 – Curb and gutter removal
1. Description
a. This line item is for the demolition of existing curb and gutter within the
project extents as identified on the contract documents.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials, and equipment necessary
for the demolition of existing curb and gutter identified per these project
documents, complete and in place. The Work shall include the sawing of
concrete in reasonably close conformity with the dimensions included in
the contract documents to create lines of weakness in order to facilitate
controlled breaking for removal.
b. This line item shall include the labor, materials, equipment, and other fees
associated with the disposal of demolished curb and gutter, as required.
3. Payment Basis
a. Linear foot
4. Estimated Quantity: 41 LF
J. Bid Item #10 – 2’ Concrete Drainage Pan Removal
1. Description
a. This line item is for the demolition of existing concrete drainage pan within
the project extents as identified on the contract documents.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include all labor, materials, and equipment necessary
for the demolition of existing concrete drainage pan identified per these
project documents, complete and in place. The Work shall include the
sawing of concrete in reasonably close conformity with the dimensions
included in the contract documents to create lines of weakness in order to
facilitate controlled breaking for removal.
b. This line item shall include the labor, materials, equipment, and other fees
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associated with the disposal of demolished concrete drainage pan, as
required.
K. Bid Item #11 – Concrete sidewalk Removal
1. Description
a. This line item is for the demolition of existing sidewalk, also known as the
Cemetery Lane Multi-use Trail within the project extents as identified on
the contract documents.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials, and equipment necessary
for the demolition of existing sidewalks identified per these project
documents, complete and in place. The Work shall include the sawing of
concrete in reasonably close conformity with the dimensions included in
the contract documents to create lines of weakness in order to facilitate
controlled breaking for removal.
b. This line item shall include the labor, materials, equipment, and other fees
associated with the disposal of demolished sidewalk, as required.
3. Payment Basis
a. Square foot
4. Estimated Quantity: 568 SF
L. Bid Item #12 – Concrete Bus Pad Removal
1. Description
a. This line item is for the demolition of existing the existing concrete bus pad
within the project extents as identified on the contract documents.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials, and equipment necessary
for the demolition of the existing concrete bus pad identified per these
project documents, complete and in place. The Work shall include the
sawing of concrete in reasonably close conformity with the dimensions
included in the contract documents to create lines of weakness in order to
facilitate controlled breaking for removal.
b. This line item shall include the labor, materials, equipment, and other fees
associated with the disposal of demolished sidewalk, as required.
3. Payment Basis
a. Square foot
4. Estimated Quantity: 493 SF
M. Bid Item #13 – Signage to be removed and replaced, as needed
1. Description
a. This line item is for the removal and replacement of existing signs and
installation of new signs within the project extents to accommodate work
as identified on the contract documents.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials, and equipment necessary
for the removal and replacement of existing signage as identified per these
project documents.
3. Payment Basis
a. Lump Sum
N. Bid Item #14 – All pavement marking to be removed and replaced within project limits
1. Description
a. This line item is for the removal, replacement, and new placement of
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pavement markings within the project limits, as identified in these contract
documents.
2. Specific inclusions, exclusions or special considerations
a. This line item includes the labor, materials, and equipment necessary for
removal, replacement, and new placement of all pavement marking within
the project limits, as identified in these contract documents, complete and
in place.
3. Payment Basis
a. Lump Sum
O. Bid Item #15 – 6” Barrier Curb w/ 18” Gutter Pan
1. Description
a. This line item is for the construction of concrete curb, gutter, or
combination curb and gutter as described in these contract documents,
complete and in place.
2. Specific inclusions, exclusions or special considerations
a. This line item includes the labor, materials, and equipment necessary for
construction of concrete curb, gutter, or combination curb and gutter for
the Work.
3. Payment Basis
a. Linear foot
4. Estimated Quantity: 140 LF
P. Bid Item #16 – 2’ Concrete Drainage Pan
1. Description
a. This line item is for the construction of concrete drainage pan as described
in these contract documents, complete and in place.
2. Specific inclusions, exclusions or special considerations
a. This line item includes the labor, materials, and equipment necessary to
construction concrete drainage pan for the Work.
3. Payment Basis
a. Linear foot
4. Estimated Quantity: 76 LF
Q. Bid Item #17- Steel-Backed Timber Guardrail
1. Description
a. This line item is for the supply and construction of a Steel-Backed Timber
Guardrail as described in these contract documents, complete and in
place.
2. Specific inclusions, exclusions or special considerations
a. This line item includes the labor, materials, and equipment necessary to
construction of the steel-backed timber guardrail in accordance with the
U.S. Department of Transportation FHWA Standards for the Work.
3. Payment Basis
a. Linear foot
4. Estimated Quantity: 66 LF
R. Bid Item #18 – HMA (Grade SX) (Roadway)
1. Description
a. This line item is for the construction of one or more courses of hot mix
asphalt on a prepared base per the contract documents, and in conformity
with the lines, grades, thicknesses, and typical cross sections shown on
the plans or established.
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2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials, and equipment necessary
to construction one or more courses of hot mix asphalt on a prepared base
per the contract documents, and in conformity with the lines, grades,
thicknesses, and typical cross sections shown on the plans or established,
complete and in place.
b. This line item shall include aggregate, asphalt cement, asphalt recycling
agent, additives, hydrated lime, and all other necessary work to complete
each HMA item.
c. This line item shall include excavation, preparation, and tack coat of areas
to be patched.
3. Payment Basis
a. Cubic Yard
4. Estimated Quantity: 20 CY
S. Bid Item #19 – Aggregate base course (class 6)
1. Description
a. This line item is for furnishing and placing one or more courses of
aggregate and additives, if required, on a prepared subgrade, complete
and in place.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials, and equipment necessary
to furnish and place one or more courses of aggregate and additives, if
required, on a prepared subgrade.
3. Payment Basis
a. Cubic Yard
4. Estimated Quantity: 190 CY
T. Bid Item #20 – 6” Concrete Islands
1. Description
a. This line item is for the construction of concrete islands, curb ramps and
rock gardens as described in these contract documents, complete and in
place, and in conformity with the lines and grades shown on the plans or
established.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include the labor, equipment, and materials required to
construct the concrete islands, curb ramps, and rock gardens. This shall
include all excavation, forms, concrete placement, concrete finishing,
expansion joints, curing, and rocks required to complete the Work.
b. All work necessary and incidental to the construction of concrete islands
and curb ramps shall be included in the Work.
3. Payment Basis
a. Square Feet
4. Estimated Quantity: 705 SF
U. Bid Item #21 – 4” Concrete Trail Colored Sandiego Buff
1. Description
a. This line item is for the construction of concrete trail and curb ramps as
described in these contract documents, complete and in place, and in
conformity with the lines and grades shown on the plans or established.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include the labor, equipment, and materials required to
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construct the concrete trail and curb ramps. This shall include all
excavation, forms, concrete placement, concrete finishing, expansion
joints, and curing required to complete the Work.
b. All work necessary and incidental to the construction of trail and curb
ramps shall be included in the Work.
3. Payment Basis
a. Square Feet
4. Estimated Quantity: 625 SF
V. Bid Item #22 – 8” Reinforced Concrete Bus Pad
1. Description
a. This line item is for the construction of reinforced concrete bus pad as
described in these contract documents, complete and in place, and in
conformity with the lines and grades shown on the plans or established.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include the labor, equipment, and materials required to
construct the reinforced concrete bus pad. This shall include all
excavation, forms, concrete placement, concrete finishing, expansion
joints, and curing required to complete the Work.
b. All work necessary and incidental to the construction of reinforced
concrete bus pad shall be included in the Work.
3. Payment Basis
a. Square Feet
4. Estimated Quantity: 653 SF
W. Bid Item #23 – ADA ramps
1. Description
a. This line item is for the construction of concrete ADA ramps as described
in these contract documents, complete and in place, and in conformity with
the lines and grades shown on the plans or established.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include the labor, equipment, and materials required to
construct the concrete ADA ramps. This shall include all excavation, forms,
concrete placement, concrete finishing, expansion joints, and curing
required to complete the Work.
b. All work necessary and incidental to the construction of ADA ramps shall
be included in the Work
3. Payment Basis
a. Each
4. Estimated Quantity: Three (3)
X. Bid Item #24 – ADA Detection Pad
1. Description
a. This line item is for the construction of ADA truncated dome detection pads
as described in these contract documents, complete and in place, and in
conformity with lines and grades shown on the plans.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include the labor, equipment, and materials required to
construct the ADA detection pads. This shall include all cutting and
placement required to complete the Work.
b. All work necessary and incidental to the construction of the ADA detection
pads shall be included in the Work.
3. Payment Basis
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a. Each
4. Estimated Quantity: Three (3)
Y. Bid Item #25 – 2” Manhole Riser
1. Description
a. This line item is for the supply and installation of 2” manhole risers as
described in these contract documents, complete and in place, and in
conformity with the lines and grades shown on the plans.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include the labor, equipment, and materials required to
install the 2” manhole riser for the Work.
b. All work necessary and incidental to the construction of the 2” manhole
riser shall be included in the Work.
3. Payment Basis
a. Each
4. Estimated Quantity: Three (3)
Z. Bid Item #26 – Advanced RRFB
1. Description
a. This line item consists of the supply, layout, and installation of an
advanced warning Rectangular Rapid Flash Beacon (RRFB) as described
in these contract documents, complete and in place.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include the labor, layout, equipment, and materials
required to install the advanced RRFB for the Work.
b. All work necessary and incidental to the construction of the advanced
RRFB shall be included in the Work.
3. Payment Basis
a. Each
4. Estimated Quantity: Two (2)
AA. Bid Item #27 – RRFB
1. Description
a. This line item consists of the supply, layout, and installation of a
Rectangular Rapid Flash Beacon (RRFB) as described in these contract
documents, complete and in place.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include the labor, layout, equipment, and materials
required to install the RRFB for the Work.
b. All work necessary and incidental to the construction of the RRFB shall be
included in the Work.
3. Payment Basis
a. Each
4. Estimated Quantity: Two (2)
BB. Bid Item #28 – RRFC Push Button
1. Description
a. This line item consists of the supply, layout, and installation of a
Rectangular Rapid Flash Beacon (RRFB) push button as described in
these contract documents, complete and in place.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include the labor, layout, equipment, and materials
required to install the RRFB push button for the Work.
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b. All work necessary and incidental to the construction of the RRFB push
button shall be included in the Work.
3. Payment Basis
a. Each
4. Estimated Quantity: Two (2)
CC. Bid Item #29 – S4 Pull Box
1. Description
a. This line item consists of the supply, layout, and installation of the pull box
for electrical secondary cable needed for the RRFB system as described in
these contract documents, complete and in place.
2. Specific inclusions, exclusions, or special considerations
a. This line item shall include the labor, layout, equipment, and materials
required to install the S4 pull box for the Work.
b. All work necessary and incidental to the installation of the S4 pull box shall
be included in the Work.
3. Payment Basis
a. Each
4. Estimated Quantity: Two (2)
DD. Bid Item #30 – Trenching
1. Description
a. This line item is for the trenching necessary to install the conduit runs as
described in the project documents.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials, and equipment involved
with excavation, compaction, bedding and backfill, complete and in place.
3. Payment Basis
a. Linear Feet
4. Estimated Quantity: 400 LF
EE. Bid Item #31 – 4” Schedule 40 PVC Conduit - Electric
1. Description
a. This line item is for the supply, layout, and installation of new 4”
Schedule 40 PVC conduit for electrical secondary cable, as described
in the project documents, along and across Cemetery Lane.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials and equipment involved
with the supply, layout, and installation of 4” Schedule 40 PVC conduit,
secondary electric cable, including all bends, spray paint for conduit
indication, marking tape, and tracer wire, complete and in place.
b. This line item shall include all labor, materials, and equipment involved in
installation of conduit, pulling electric secondary cable from the meter
along Cemetery Lane, and the general layout of the conduit to facilitate
the installation of the RRFB sign system.
c. All the work necessary and incidental to the installation of the PVC
Conduit shall be included in the Work.
3. Payment Basis
a. Linear Feet
4. Estimated Quantity: 400 LF
FF. Bid Item #32 – 4” Schedule 40 PVC Conduit (Empty) – Electric
1. Description
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a. This line item is for the supply, layout, and installation of new 4”
Schedule 40 PVC conduit for future We-Cycle electrification, as
described in the contract documents.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials and equipment involved
with the supply and installation of new 4” Schedule 40 PVC conduit,
including all bends, marking tape, and tracer wire, complete and in place.
b. All the work necessary and incidental to the installation of the PVC
Conduit (empty) shall be included in the Work.
3. Payment Basis
a. Linear Foot
4. Estimated Quantity: 400 LF
GG. Bid Item #33 – Trail Storm System
1. Description
a. This line item is for the supply, layout and installation of a new 12” Trench
Drain, 4” Schedule 40 PVC Storm pipe, storm cleanout, and replacement,
in kind, of the Cemetery Lane Trail as described in the project documents.
2. Specific inclusions, exclusions or special considerations
a. This line item shall include all labor, materials, and equipment involved
with the supply, layout, and installation of the storm system, complete and
in place, within the Cemetery Lane Trail.
b. The line item shall include all labor, materials, and equipment involved in
the supply, layout, and installation of a 12” trench drain, 4” Schedule 40
PVC storm pipe, including all bends, one (1) storm cleanout, and coring
the existing drywell. Care must be taken to avoid the snowmelt in the
adjacent private driveway. This line item will include tracer wire,
excavation, compaction, forms, concrete placement, concrete finishing,
expansion joints, and curing required to replace in kind the 4” concrete trail
in Sandiego Buff to complete the Work.
c. The line item shall include all labor, materials, and equipment involved in
the cleaning of the drywell, including the hauling and disposal of all waste
materials collected from the drywell to complete the Work.
d. All the work necessary and incidental to the installation of the Trail Storm
System shall be included in the Work.
3. Payment Basis
a. Lump Sum
HH. Bid Item #34 – Earthwork
1. Description
a. This line item is for the construction necessary to establish a stormwater
swale in the landscape buffer, as described in the project documents,
along Cemetery Lane.
2. Specific inclusions, exclusions, or special considerations
a. This line item includes all labor, materials, and equipment involved with the
creation of a stormwater swale in the landscape buffer, including any
removal of plantings (excluding trees), grading, and soil stabilization
necessary to complete the Work.
b. All the work necessary and incidental to earthwork needed to establish a
stormwater swale in the landscape buffer shall be included in the Work.
3. Payment Basis
a. Lump Sum
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II. Bid Item #35 – Re-seeding and Sod
1. Description
a. This line item is for the supply and installation of any seed mixes and sod
necessary to establish the stormwater swale and to repair sod along the
trail as a result of the Work.
2. Specific inclusions, exclusions, or special considerations
a. This line item includes all the labor, materials, and equipment involved with
the re-seeding, sodding, and watering, complete and in place.
b. Only an approved Pitkin County Seed mix may be used for re-seeding.
Watering to ensure proper seeding shall be included in the Work. Re-
seeding shall be done on the landscape swale and all other disturbed
areas in the right-of-way.
c. Any private property sod damaged as a result of the Work will be replaced
in kind.
d. All the work necessary and incidental to the re-seeding and sodding shall
be included in the Work.
3. Payment Basis
a. Lump Sum
END OF SECTION
Docusign Envelope ID: F561E562-F460-88EE-8386-33B782BDADE7Docusign Envelope ID: 946FC3D0-EA6E-8DF5-8323-D4B30FC8843D
SECTION 01300
SUBMITTALS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Product options
B. Product submittals
C. Product substitution procedures
1.2 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only: Any product
meeting those standards or description.
B. Products Specified by Naming One or More Manufacturers: products of one
of manufacturers named and meeting specifications, no options or
substitutions allowed.
C. Products Specified by Naming One or More Manufacturers with
Provision for Substitutions: Submit request for substitution for any
manufacturer not named in accordance with the following article.
1.3 PRODUCT SUBMITTALS
A. Submit paper and one pdf electronic copy of each submittal utilizing the City’s
submittal transmittal form to the City’s Project Manager electronically via email.
The Contractor must submit the submittal signed, no submittals from vendors.
B. Product submittals are required for all construction related to subdivisions, new
utility main installation, and all water mains and any other project the City
deems is significant enough to warrant or as required by Specifications.
C. Duplicate submittals will not be required if a copy is already on file with City.
D. All submittals shall be approved prior to construction. All submittals shall be
submitted at the beginning of the project unless specifically approved for later
submittal.
E. Submittals include but are not limited to:
1. All piping, fittings, appurtenances for storm pipe.
2. All conduit and appurtenances for electric primary and fiber.
3. The trench drain.
4. The timber guard rail.
5. Aggregate gradation and proctors to be used for bedding and backfill.
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6. Concrete and asphalt materials.
7. All other materials utilized during construction of infrastructure.
8. Road closure plans and schedules.
1.4 PRODUCT SUBSTITUTION PROCEDURES
A. Substitutions may be considered when a product becomes unavailable through
no fault of Contractor.
B. Document each request with complete data substantiating compliance of
proposed Substitution with Specifications.
C. A request constitutes a representation that Contractor:
1. Has investigated proposed product and determined that it meets or
exceeds quality level of specified product.
2. Will provide same warranty for Substitution as for specified product.
3. Will coordinate installation and make changes to other Work which
may be required for the Work to be complete with no additional cost
to City.
4. Waives claims for additional costs or time extension which may
subsequently become apparent.
5. Will reimburse Engineer for review or redesign services associated
with re- approval by City, as necessary.
D. Substitutions will not be considered when they are indicated or implied on Shop
Drawing or Product Data submittals, without separate written request, or when
acceptance will require revision to Specifications or prior agreements and
requirements.
E. Substitution Submittal Procedure:
1. Submit one electronic request for Substitution for consideration.
Limit each request to one proposed Substitution.
2. Submit Shop Drawings, Product Data, and certified test results
attesting to proposed product equivalence. Burden of proof is on
proposer.
3. Engineer will notify Contractor in writing of decision to accept or reject
request.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
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SECTION 01310
CONSTRUCTION SCHEDULES
PART 1 GENERAL
1.01 SUMMARY
A. Within ten (10) days after effective date of agreement or by the pre-construction
conference, the Contractor shall submit a critical path project schedule covering the
duration of the project, beginning with the Notice to Proceed and indicating Substantial
Completion and “Contract Completion”. The purpose of the Project Schedule shall be to:
1. Assure adequate planning, scheduling and reporting during the execution of the
Work by the Contractor.
2. Assure coordination of the Work of the Contractor and various Subcontractors at
all tiers.
3. Establish a critical path for the completion of the Work to assist the Contractor,
Owner, and Engineer in monitoring the progress of the Work and evaluating
proposed changes to the Contract Duration and the Project Schedules resulting
from changes in the Work and/or potential weather delays.
4. Assist in the coordination of construction activities so as to complete the Work
within the Contract Time.
B. The Project Schedule shall be based upon the Critical Path Method (CPM) for planning,
scheduling and progress reporting of the Work.
C. The Project Schedule shall include a graphic network prepared by the Contractor. The
Contractor shall transmit all schedule submissions to the Owner or his representative as
both a printed or plotted pure logic diagram and a bar chart with an accompanying
computer disk of the schedule. The computer disk shall be in a file format published by
Primavera Project Planner (Windows versions), Primavera Sure Trak, or Microsoft
Projects.
D. The Contractor shall provide a Network, which shall be a reasonable representation of
how the Work is planned to be performed and shall be used to monitor the progress of
the work of the Contract. All costs associated with the development and maintenance of
the schedule shall be borne by the Contractor Description.
1.02 SCHEDULING
A. The Contractor shall submit a preliminary Project Schedule as stated above. The Owner
or his representative shall review the preliminary Project Schedule and return comments
to the Contractor within ten (10) working days after receipt. The Contractor then shall
have five (5) working days to review the schedule and return it to the Owner or his
representative for review. The five (5) working day review and review cycles shall
continue until an acceptable schedule is received by the Owner. The owner's review of
the project schedule is for compliance with this article and other contractor requirements.
Acceptance by the owner of the contractor's project schedules does not relieve the
contractor of any of his responsibility whatsoever for the accuracy or feasibility of the
project schedule, or of the contractor's ability to meet the contract completion date, nor
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does such acceptance expressly or impliedly warrant, acknowledge or admit the
reasonableness of the activities, logic, duration or, when included, cost loading of the
contractor's project schedule. An approved schedule shall be required prior to
submission of the first progress payment in accordance with the Contract Documents.
The following guidelines must be met:
1. The Project Schedule shall contain a sufficient number of activities to allow
effective monitoring of the progress of the work.
2. Each activity shall contain only the work of a single trade or subcontractor.
3. Each activity shall be less than fifteen (15) working days in duration.
Procurement and material delivery, surveying and shop drawing approvals may
exceed fifteen (15) working days in duration. Activities exceeding fifteen (15)
working days in duration shall be separated into two or more individual activities
of less than sixteen (16) working days by area, type of work, etc. to allow for
effective monitoring of the Work.
4. Each activity shall include a description of the work, original duration, contractor
or subcontractor performing the work, the equipment and manpower required to
do the work, all specific area, phasing or milestone classifications and the
activity's relationship to other activities (contained in the Methods Statement).
5. The Project Schedule shall begin with the Notice to Proceed and end with
Contract completion activities. A critical path (zero float path) through Contract
completion must be generated.
6. Normally anticipated weather conditions shall be included in the Project
Schedule.
7. Anticipated utility relocation activities must be shown in the schedule as they
affect the contractor's activities.
8. Failure by the Contractor to include any element of work required for
performance of the Contract shall not excuse the Contractor from completing all
work within the Contract Time.
9. Work times shall be included showing number of days per week, shifts per day
and hours per shift.
10. The Project Schedule shall contain activities for the anticipated submittal cycle of
equipment or materials that could affect timely completion of the project.
11. The schedule shall include activities for anticipated procurement and delivery of
material or equipment with lead times greater than three (3) weeks.
12. The progress schedule shall include all activities for all work on the project,
including subcontracted work, delivery dates for critical material, submittal and
review periods, milestone requirements and no work periods. Where the project
has specific phases, each phase shall be described separately for each salient
feature.
1.03 METHODS STATEMENT
A. A Methods Statement shall be included for all work items that fall on the critical path of
the construction schedule. This Methods Statement shall be a detailed narrative
describing each feature and all work necessary to complete the feature. The Methods
Statement shall be submitted with the Construction Schedule. The following format is
required.
1. Feature: name of the feature.
2. Responsibility: Contractor, subcontractor, supplier, utility, etc. responsible of the
feature.
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3. Procedures: procedures to be used to complete the work. The procedure to be
used shall include general information regarding methods such as forming,
excavation, placing, heating, curing, backfill and embankment, trenching,
protecting the work, etc. When separate or different procedures are to be
employed by the Contractor due to seasonal or project phasing requirements,
such differing procedures shall be described in the procedure statement.
4. Production Rates: the planned quantity of work per day for each feature
5. Labor Force: the labor force planned to do the work.
6. Equipment: the number, types, and capacities of equipment planned to do the
work.
7. Work Times: the planned time for the work to include:
a. Number of work days per week.
b. Number of shifts per day.
c. Number of hours per shift.
B. At the Owner’s request, the Contractor shall update the Methods Statement, or any part
thereof, and submit it with the next monthly schedule update.
1.04 PROJECT SCHEDULE UPDATES
A. The Project Schedule updating shall be done on a monthly basis. The revision shall
indicate actual progress to date, changes resulting from change orders, and planned
changes necessary to complete the Work in accordance with the Contract Documents.
B. Should the Project Schedule update indicate that the project is more than ten (10) days
behind schedule it shall be revised to indicate the means which the Contractor shall use
to regain the Contract Completion Date.
C. Updating the Project Schedule to reflect actual progress made up to the date of a
schedule update shall not be considered revisions to the Project Schedule.
D. Failure by the Contractor to update the schedule shall result in a material breach of
contract and will also result in the withholding of progress payments until an acceptable
update is submitted by the Contractor and accepted by the Owner.
1.05 TIME IMPACT ANALYSIS FOR CHANGE ORDERS, DELAYS & CONTRACTOR
REQUESTS
A. When Change Orders are initiated or delays are experienced a Time Impact Analysis
shall be completed to determine the effect on the Contract Completion Date. The
durations of effected activities shall be altered as mutually agreed upon and the
schedule recalculated. The Contract Completion Date will not be extended unless the
schedule recalculation indicates a completion date beyond the current Contract
Completion Date. A delay must impact the critical path of the Project Schedule as a
condition to extending the Contract Completion Date.
B. Delays caused by weather shall be reviewed at the monthly update meetings. Seasonal
weather conditions shall be considered and included in the planning and scheduling of
all work influenced by high or low ambient temperatures, wind, and/or precipitation to
ensure completion of all work within the Contract Time. Seasonable weather conditions
shall be determined by an assessment of average historical climatic conditions.
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C. Float is not for the exclusive use or benefit of either the Owner or the Contractor.
Extension of the Contract Time will be granted only to the extent the equitable time
adjustments to the activity or activities affected by the Change Order or delay exceeds
the total (positive or zero) float of a critical activity (or path) and extends the Contract
Time as set forth in the Contract.
1.06 SUBMITTALS
A. CONTRACTOR shall submit one (1) electronic format (PDF) copy of submittals, in
addition to two (2) paper copies of submittals, one (1) copy which will be retained
or distributed by the OWNER/ENGINEER.
1. Do not submit fewer than two (2) copies.
B. Distribution
1. After review, OWNER/ENGINEER will distribute copies of schedules to:
a. One (1) copy to Resident Project Representative.
b. One (1) copy to CONTRACTOR to be kept on file at CONTRACTOR's
field office.
c. Remainder to CONTRACTOR for his distribution following modifications if
required.
C. Schedule recipients will report promptly to ENGINEER and CONTRACTOR, in writing,
any problems anticipated by the projections shown on the schedules.
END OF SECTION
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SECTION 01700
CONTRACT CLOSEOUT
PART 1 GENERAL
1.01 SUMMARY
A. Work to be performed under this section shall include all labor, equipment, materials and
miscellaneous items necessary to provide all documents, information and items as
specified herein.
1.02 PROJECT RECORD DOCUMENTS.
A. Maintain at the job site one record copy of the following (updated daily):
1. Drawings
2. Specifications
3. Addenda.
4. Reviewed Shop Drawings.
5. Change Orders.
6. Other Modifications to Contract.
7. Field Test Records.
B. Do not use record documents for construction purposes. Maintain documents in clean,
dry legible condition, apart from documents used for construction.
C. Label each document "Record Document". Mark all information with contrasting color
using ink. Keep each record current. Do not permanently conceal any work until
required information is recorded.
D. Record following information on Drawings:
1. Northing and Easting coordinates for all building corners and all buried pipes and
utilities (at ends, changes in alignment, fittings and valves). Coordinates shall be
in the project coordinate system.
2. Building Locations and depth of foundation elements.
3. Horizontal and vertical location of underground utilities.
4. Location of internal utilities and appurtenances concealed in construction.
5. Structural, architectural, mechanical and electrical installations.
6. Field changes of dimension and detail.
7. Changes by Change Order or field order.
8. Details not on original Contract Drawings.
E. Record following information on Specifications:
1. Manufacturer, trade name, catalog number and supplier of each product and item
of equipment actually installed.
2. Changes by change order or field order.
3. Other matters not originally specified.
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F. Maintain Shop Drawings as record documents recording changes made after review as
specified for Drawings above.
G. At completion of project, deliver record documents to Engineer with transmittal letter
containing date, project title and number, contractor's name and address, title and
number of each record document, and certification that each document is complete and
accurate. Submittal shall be signed by Contractor or his authorized representative.
1.03 CLOSEOUT PROCEDURES
A. The following project closeout procedure defines the responsibilities of the Contractor,
Owner and Engineer in closing the project. Closeout may be conducted by areas or
portions of the work if required by the project or requested by Owner.
1. Step 1: Contractor advises Engineer in writing that he has reached "Substantial
Completion" and provides a list of items to be completed or corrected.
a. Completion of all testing and training required.
b. Have all utilities connected and operational.
c. Dismantled and removed temporary construction facilities.
2. Step 2: Engineer inspects the work to determine if it is substantially complete
and issues a Certification of Substantial Completion plus a "punch list" of items to
be completed or corrected.
3. Step 3: Contractor completes and/or corrects all punch list items and notifies in
writing that his work is ready for final inspection. At this time, a final application
for payment is submitted to the Engineer.
a. Engineer’s and Contractor’s punch list of deficiencies from the substantial
completion inspection stating how each item has been corrected or
otherwise resolved.
b. Submit a final meter reading for all utilities, a measured record of stored
fuel and chemicals and similar data as of the time of final inspection.
c. Complete listing of all consumables and spare parts used by the
contractor to service the elector-mechanical equipment after testing.
d. Submittal of Record Drawings.
e. Notify the Engineer that the facility is ready for the final inspection
including the punch list items and that all marred or damaged finishes
have been repaired or restored in the notification letter.
4. Step 4: Engineer makes final inspection. When the Work is found to be
acceptable under the Contract Documents, and the contract fully performed,
Engineer will issue a final Certificate of Payment.
1.04 RE-INSPECTION FEES
A. Should the Contractor fail to complete and/or correct all punch list items such that
additional inspections are required by the Engineer, the Contractor will be billed at the
Engineer's current rate for additional services. If the Contractor has any question with
regard to any items on the punch list, he is to request clarification before final inspection.
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1.05 FINAL PAPERWORK
A. Prior to release of final payment, the General Contractor shall deliver the following items
to the Engineer:
1. Inspection Certificates, as applicable.
2. Equipment and material guarantees/warranties.
3. General Contractor's two-year guarantee of materials and workmanship.
4. Materials and Equipment Manuals and Spare Parts as specified.
5. All other guarantees, warranties and submittals, as specified.
6. Receipts for extra materials delivered to the Owner.
7. Make final change-over of locks and deliver keys.
8. Final application for payment.
9. Contractor's Affidavit of Compliance.
10. Contractor’s subcontractor claim release form.
Final Project Record Documents. The purpose of final project record documents
is to provide factual information regarding all aspects of work, both concealed
and visible, to enable future modification of work to proceed without lengthy and
expensive sire measurement, investigation, and examination.
a. Transfer of Data to Drawings
1) Carefully transfer all data to a clean set of drawings, coordinating
changes as required.
2) Clearly indicate at each affected detail and other drawing, a full
description of changes made during construction, and the actual
location of items to be located.
3) Call attention to each entry by drawing a “cloud” around the area/s
affected.
4) Make changes neatly, consistently, and with the proper media to
assure longevity and legibility.
b. Transfer of Data to other Documents
1) If documents other than drawings have been kept clean during
progress of work, and if entries thereon have been orderly and
acceptable to the Engineer, the job set of those documents other
than drawings will be accepted as final record documents.
2) If any such document is not acceptable to the Engineer, secure a
new copy of that document from the Engineer at Engineer’s usual
charge for reproduction and handling, and carefully transfer the
changed data to the new copy for acceptance by the Engineer
c. Changes subsequent to acceptance
1) Contractor has no responsibility for recording changes in work
subsequent to final completion, except for changes resulting from
warranty work.
11. Contractor acknowledgement of Date of Substantial Completion.
12. Provide copy of all certificates and approvals required from outside agencies, i.e.
State Electrical Board.
13. The above items are described in following articles or applicable sections of the
Specifications.
14. Inspection Certificates. Each subcontractor shall, upon completion of the Work,
secure in triplicate from any state or local governing bodies having jurisdiction in
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dictating that the Work is in strict accordance with the applicable codes and
deliver the same to the General Contractor for transmittal to the Owner.
1.06 WARRANTY
A. The General Contractor and each subcontractor shall remedy any defects due to faulty
materials or workmanship and pay for any damage to other Work resulting therefore,
which shall appear in his Work within the specified Warranty Period, as specified in the
Supplementary General Conditions. The Contractor’s warranty shall begin upon
issuance of the Notice of Acceptance and in accordance with the terms of any special
warranties provided in the Contract. The Owner shall give notice of observed defects
with reasonable promptness.
B. A final warranty inspection will be required thirty (30) days prior to expiration of the
warranty.
C. Upon completion of his Work, the General Contractor shall deliver to the Engineer in
duplicate, a written warranty based on the provision of the Article properly signed and
notarized. Warranty shall be address to the Owner and assembled in a binder with a
durable plastic cover and with a table of contents.
D. The warranty period shall begin upon acceptance by Owner with written Notice of
Substantial Completion.
E. In the event that multiple or phased system startups are required, warranty periods will
begin upon acceptance by Owner with written Notice of Substantial Completion for each
system after successful startup of the complete system.
F. Equipment warranties shall be the greater of the manufacturer’s standard warranty and
the project warranty requirement stated in the Supplemental General Conditions.
1.07 MISCELLANEOUS KEYS, SWITCHES AND WRENCHES
A. At the completion of the project, all loose keys for hose bibs, adjustment keys and
wrenches for door closers and panic hardware, keys of electric switches, electrical
panels, etc., shall be accounted for and turned over to the General Contractor for
transmittal to the Owner.
1.08 SPARE PARTS
A. The contractor shall provide all spare parts and products as specified in the technical
specifications. Contractor shall submit an itemized list of all items furnished describing
each item and citing all appropriate specification sections and paragraphs. Each item
shall be packed for long term storage and marked or tagged for easy identification.
1. Items shall be delivered to the project site to an area designated by the Owner.
2. The contractor shall provide an inventory of delivered items and obtain a receipt
from the Owner after inspection. The inventory shall be delivered with an
affidavit stating these are the specified spare parts or products delivered by the
manufacturer or supplier of the installed equipment or material.
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1.09 FINAL CLEANING.
A. Prior to final inspection, the contractor shall clean all interior and exterior surfaces
exposed to view but shall avoid disturbing natural weathering of exterior surfaces.
1. Exterior Cleaning (During Construction)
a. Construction debris shall be confined in strategically located container(s)
covered to prevent blowing by wind. Debris shall be removed from the
work area to container daily. Debris shall be hauled from the site once a
week at a minimum.
b. Keep weeds and other vegetation trimmed to 3 inch max height.
c. Remove soils, sand, and gravel deposited on paved areas and walks as
required to prevent muddy or dusty conditions.
d. Comply with stormwater general permit requirements and monitor and
employ best management practices.
2. Exterior Cleaning (Final Cleaning)
a. Remove trash and debris containers from the site. Reseed areas
disturbed by location of debris containers.
b. Broom clean all paved surfaces.
c. Rake clean other surfaces of grounds.
B. The contractor shall comply with all safety standards and shall not bury or burn waste on
the site.
1.10 CERTIFICATE OF FINAL COMPLETION
A. The Owner/Engineer will issue a Certificate of Final Completion in writing after
successful plant startup with proper operation and control, correction of all punch
list items, receipt and acceptance of the verification letter, and all items in Project
Closeout section are completed.
END OF SECTION
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SECTION 31 1000
SITE CLEARING
PART 1 - SITE CLEARING GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and
Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
• Protecting existing trees, shrubs, groundcovers, plants and other vegetation to remain or as
designated by Owner in pre-construction conference.
• Removing existing trees, shrubs, groundcovers, plants and other vegetation.
• Clearing and grubbing.
• Stripping and stockpiling topsoil.
• Removing above- and below-grade site improvements.
• Disconnecting, capping or sealing, and abandoning site utilities in place and removing site utilities.
• Removing existing fill.
B. Related Sections include the following:
• Division 31 Section "Earth Moving" for soil materials, excavating, backfilling, and site grading.
• Division 31 Section “Temporary Erosion and Sedimentation Control” for storm water erosion and
sediment mitigation.
1.3 DEFINITIONS
A. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles;
friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably
free of subsoil, clay lumps, gravel, and other objects more than 2 inches (50 mm) in diameter; and free of
subsoil and weeds, roots, toxic materials, or other nonsoil materials.
B. Tree Protection Zone: Area surrounding individual trees or groups of trees to be protected during
construction, and defined by the drip line of individual trees or the perimeter drip line of groups of trees,
unless otherwise indicated.
1.4 MATERIAL OWNERSHIP
A. Except for stripped topsoil or other materials indicated to be stockpiled or to remain on Owner's property,
cleared materials shall become Contractor's property and shall be removed from Project site.
1.5 SUBMITTALS
A. Photographs or videotape, sufficiently detailed, of existing conditions of trees and plantings, adjoining
construction, and site improvements that might be misconstrued as damage caused by site clearing.
B. Record drawings, identifying and accurately locating capped utilities and other subsurface structural,
electrical, and mechanical conditions. Information required may also be included in Division 1 Section
"Project Record Documents."
1.6 QUALITY ASSURANCE
A. Preconstruction Conference: Conduct conference at Project site as directed by Owner’s Representative
prior to start of construction. Contractor to comply with requirements, which may also be included in
Division 1 Section "Project Management and Coordination."
1.7 PROJECT CONDITIONS
A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used
facilities during site-clearing operations.
• Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without
permission from Owner and authorities having jurisdiction.
• Provide alternate routes around closed or obstructed traffic ways if required by authorities having
jurisdiction.
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B. Improvements on Adjoining Property: Authority for performing indicated removal and alteration work on
property adjoining Owner’s property will be obtained by Owner before award of Contract. Authority and
permits for performing indicated removal and alteration work on adjacent rights-of-way shall be obtained
by Contractor.
• Do not proceed with work on adjoining property until directed in writing by Owner’s
Representative.
C. Protect improvements on City’s property.
D. Salvable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises
where indicated.
E. Utility Locator Service: Notify utility locator service for area where Project is located before site clearing.
F. Do not commence site clearing operations until temporary erosion and sedimentation control measures are
in place.
G. Restore damaged improvements to their original condition, as acceptable to parties having jurisdiction.
PART 2 - SITE CLEARING PRODUCTS
2.1 SOIL MATERIALS
A. Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in Division 31 Section
"Earth Moving," (PART 2 – PRODUCTS).
PART 3 - SITE CLEARING EXECUTION
3.1 PREPARATION
A. Protect and maintain benchmarks, survey control points, monuments, property line pins and other reference
points from disturbance during construction. If disturbed or destroyed, restore or replace at no cost to
Owner.
B. Provide erosion control measures to prevent soil erosion and discharge of soil -bearing water runoff or
airborne dust from leaving project site.
C. Locate and clearly flag trees and vegetation to remain or to be relocated.
D. Protect existing site improvements to remain from damage during construction.
• Restore or replace damaged improvements to their original condition, as acceptable to Owner.
3.2 TREE PROTECTION
A. Erect and maintain temporary fencing around drip line of individual trees or around perimeter drip line of
groups of trees to remain before starting site clearing. Remove fence when construction is complete.
• Do not store construction materials, debris, or excavated material within fenced area.
• Do not permit vehicles, equipment, or foot traffic within fenced area.
• Maintain fenced area free of weeds and trash.
B. Do not excavate within tree protection zones, unless otherwise indicated.
C. Where excavation for new construction is required within drip line of trees, hand clear and excavate to
minimize damage to root systems. Use narrow-tine spading forks, comb soil to expose roots, and cleanly
cut roots as close to excavation as possible.
• Cover exposed roots with burlap and water regularly.
• Temporarily support and protect roots from damage until they are permanently relocated and
covered with soil.
• Coat cut faces of roots more than 1-1/2 inches (38 mm) in diameter with an emulsified asphalt or
other approved coating formulated for use on damaged plant tissues.
• Cover exposed roots with wet burlap to prevent roots from drying and backfill with soil as soon as
possible.
D. Repair or replace trees and vegetation indicated to remain that are damaged by construction operations, in
a manner approved by Owner’s Representative.
• Employ a qualified arborist, licensed in jurisdiction where Project is located, to submit details of
proposed repairs and to repair damage to trees and shrubs.
• Replace trees that cannot be repaired and restored to full-growth status, as determined by the
qualified arborist.
3.3 UTILITIES
A. Contractor will locate, identify, arrange for disconnect and seal or cap off utilities indicated to be removed
before site clearing.
• Verify that utilities indicated as abandoned have been disconnected and capped before proceeding
with site clearing.
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• Arrange with utility companies having jurisdiction to shut off indicated utilities.
B. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted
under the following conditions and then only after arranging to provide temporary utility services according
to requirements indicated:
• Notify Owner’s Representative not less than two days in advance of proposed utility interruptions.
• Do not proceed with utility interruptions without Owner’s Representative’s written permission.
C. Excavate for and remove underground utilities indicated to be removed.
D. Removal of underground utilities may also be included in Division 2 Sections covering site utilities.
Removal of underground utilities may also be included in Division 15 Mechanical or Division 16 Electrical
Sections.
E. After removal of underground utilities, as indicated, properly cap and/or plug existing lines to remain in
accordance with authorities having jurisdiction.
3.4 CLEARING AND GRUBBING
A. Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new construction.
Removal includes digging out stumps and obstructions and grubbing roots.
• Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated.
• Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such
roots and branches obstruct installation of new construction.
• Grind stumps and completely remove roots, obstructions, and debris extending to a depth of 18
inches (450 mm) below exposed subgrade.
• Use only hand methods for grubbing within drip line of remaining trees.
• Chip removed tree branches and disposed off site unless otherwise notified by the City Project
Manager.
B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further
excavation or earth moving is indicated.
• Place fill material in horizontal layers not exceeding a loose depth of 8 inches (200 mm), and
compact each layer to a density equal to adjacent original ground.
3.5 TOPSOIL STRIPPING
A. Remove sod and grass before stripping topsoil.
B. Strip topsoil to whatever depths are encountered or as determined by Geotechnical Engineer in a manner to
prevent intermingling with underlying subsoil or other waste materials.
• Remove subsoil and nonsoil materials from topsoil, including trash, debris, weeds, roots, and other
waste materials.
C. Stockpile topsoil materials away from edge of excavations without intermixing with subsoil. Grade and
shape stockpiles to drain surface water. Cover to prevent windblown dust.
• Limit height of topsoil stockpiles to 72 inches unless authorized by Owner’s Representative.
• Do not stockpile topsoil within drip line of remaining trees.
• Dispose of excess topsoil as specified for waste material disposal.
• Stockpile surplus topsoil to allow for respreading a thicker layer of topsoil.
3.6 SITE IMPROVEMENTS
A. Remove existing above and below grade improvements as indicated and as necessary to facilitate new
construction.
B. Remove slabs, paving, curbs, gutters, and aggregate base as indicated on plans.
• Unless existing full-depth joints coincide with line of demolition, neatly saw -cut length of existing
pavement to remain before removing existing pavement. Saw-cut faces vertically.
• Paint cut ends of steel reinforcement in concrete to remain to prevent corrosion.
C. Remove existing fill. Refer to Geotechnical Investigation and/or drawings for information regarding
suitability for re-use and estimates of location/extent of existing fill.
3.7 DISPOSAL
A. Disposal: Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste
materials including trash and debris, and legally dispose of them off Owner's property.
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• Separate recyclable materials produced during site clearing from other nonrecyclable materials.
Store or stockpile without intermixing with other materials and transport them to recycling facilities.
END OF SECTION 31 1000
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SECTION 31 2000
EARTH MOVING
PART 1 - EARTH MOVING GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and
Division 1 Specification Sections, apply to this Section.
B. Additional information concerning earth moving may be found on the civil drawings, and the City of Aspen
Construction and Excavation Standards. CDOT Standard Specifications 2019 Edition will be utilized in
conjunction. In case of conflict between the drawings, jurisdictional criteria and the information specified
herein, the more stringent requirements shall govern.
1.2 SUMMARY
A. This Section includes the following:
• Preparing and grading subgrades for slabs-on-grade, walks, pavements, lawns and grasses, and
general landscaping.
• Excavating and backfilling for buildings and structures including over -excavation of existing
unsatisfactory on-site soil materials and replacement with structural fill.
• Drainage course for slabs-on-grade.
• Subbase and base course for asphalt or concrete paving. Subsurface drainage backfill for walls and
trenches.
B. Related Sections include the following:
• Division 31 Section "Site Clearing" site stripping, grubbing, stripping and stockpiling topsoil, and
removal of above- and below-grade improvements and utilities.
• Division 33 Section "Subdrainage" for drainage of foundations, slabs-on-grade, walls, and
landscaped areas.
• Division 31 Section “Trenching and Backfilling” for excavating and backfilling of utilities.
• Division 31 Section “Temporary Erosion and Sedimentation Control” for erosion and sedimentation
control measures.
C. Permits and Fees: Obtain and pay for all permits and fees required for the work of this section, including
erosion and sediment control and water quality permits required by the City of Aspen and the Colorado
Department of Public Health and Environment, Water Quality Control Division.
1.3 DEFINITIONS
A. Backfill: Soil material used to fill an excavation.
• Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support
sides of pipe.
• Final Backfill: Backfill placed over initial backfill to fill a trench.
B. Base Course: Course placed between the subbase course and hot-mix asphalt paving.
C. Bedding Course: Course placed over the excavated subgrade in a trench before laying pipe.
D. Borrow Soil: Satisfactory soil imported from off -site for use as fill or backfill approved by Geotechnical
Engineer.
E. Drainage Course: Course supporting the slab-on-grade that also minimizes upward capillary flow of pore
water.
F. Excavation: Removal of all material of whatever character required for the work encountered above
subgrade elevations and to lines and dimensions indicated, including boulders. See Section 3.4 for
definition of unclassified and classified excavation.
G. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and
dimensions as directed or approved by Owners Representative and the testing and inspections agency to
correct unsatisfactory conditions. Authorized additional excavation and replacement material will be paid
for according to Contract Provisions for changes in the Work.
H. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions
without direction by Owners Representative. Unauthorized excavation including disposition of over
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excavated materials and other work resulting from slides, cave -ins, swelling, upheaval, or remedial work,
as well as remedial work directed by Owners Representative, shall be without additional compensation.
I. Fill: Fill is all material placed to raise the grade of the site or to backfill excavation, upon which the
Geotechnical Engineer has made sufficient tests and observations to enable him to issue a written statement
that, in his opinion, the fill has been placed and compacted in accordance with the requirements of these
specifications.
J. Structural Fill: Select granular material for use below floor slabs and to 5 -feet-0-inches beyond building
lines. On-site material may be used if approved by the Geotechnical Engineer.
K. Underslab Gravel: Imported Class 6 road base per Colorado Department of Transportation Standard
Specifications for Road and Bridge Construction (current addition) or material approved by Geotechnical
Engineer.
L. Rock Excavation: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders
of rock material that exceed [1 cu. yd. (0.76 cu. m)] for Bulk Excavation or [3/4 cu. yd. (0.57 cu. m)] for
footing, trench, and pit excavation which in the Geotechnical Engineer’s opinion cannot be removed by
rock excavating equipment equivalent to the following in size and performance ratings, without systematic
drilling, ram hammering, ripping, or blasting, when permitted:
• Excavation of Footings, Trenches, and Pits: Late-model, track-mounted hydraulic excavator;
equipped with a 42-inch- (1065-mm-) wide, maximum, short-tip-radius rock bucket; rated at not
less than 138-hp (103-kW) flywheel power with bucket-curling force of not less than 28,090 lbf
(125 kN) and stick-crowd force of not less than 18,650 lbf (83 kN); measured according to SAE J-
1179.
• Bulk Excavation: Late-model, track-mounted loader; rated at not less than 210-hp (157-kW)
flywheel power and developing a minimum of 48,510-lbf (216-kN) breakout force with a general-
purpose bare bucket; measured according to SAE J-732.
M. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical
appurtenances, or other man-made stationary features constructed above or below the ground surface.
N. Subbase Course: Course placed between the subgrade and base course for hot -mix asphalt pavement, or
course placed between the subgrade and a cement concrete pavement or a cement concrete or hot -mix
asphalt walk.
O. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill
immediately below subbase, drainage fill, or topsoil materials.
P. Utilities: Include on-site underground pipes, conduits, ducts, and cables, as well as underground services
within buildings.
1.4 SUBMITTALS
A. Material Test Reports: Provided by the City of Aspen from a qualified testing agency indicating and
interpreting test results for compliance of the following with requirements indicated:
• Classification according to ASTM D 2487 of each on -site or borrow soil material proposed for fill
and backfill.
• Laboratory compaction curve according to ASTM D 698 for each on -site or borrow soil material
proposed for fill and backfill.
B. Pre-excavation Photographs or Videotape: Show existing conditions of adjoining construction and site
improvements, including finish surfaces that might be misconstrued as damage caused by earth moving
operations. Submit before earth moving begins.
1.5 QUALITY ASSURANCE
A. Comply with applicable codes, ordinances, regulations, references and standards in effect at bid date:
1. Uniform Building Code (UBC) or International Building Code (IBC) per jurisdiction criteria.
2. American Society for Testing and Materials (test methods as specified hereafter)(ASTM).
3. State and local codes.
B. In case of conflict between the above codes, regulations, references and standards and these specifications,
the more stringent requirements shall govern.
C. Testing Agency: The City of Aspen will employ a qualified independent Geotechnical testing agency.
Contractor shall furnish testing agency access to work, facilities and incidental labor required for testing.
Notify the testing and inspection agency not less than 48 hours in advance of all w ork requiring testing.
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D. Geotechnical Engineer: All materials and operations under this section of the specifications shall be
executed under the supervision of a Geotechnical Engineer who will place qualified personnel on the site
during earth moving operations as necessary.
The Geotechnical Engineer shall approve all foundation excavations and give written approval of the
completed foundations to the Owner’s Representative at the following times:
1. When excavations are first open.
2. Just prior to placing of concrete, shall test and control the fill compaction, approve the materials and
method of placing and compacting and give written approval to the Owner’s Representative that all
bearing surfaces and fill requirements have been insp ected.
3. The Contractor shall be responsible to notify the Geotechnical Engineer when tests are to be made.
E. For approval of imported or on-site fill material, notify the Geotechnical Engineer at least four (4) working
days in advance of intention to import material, designate the proposed borrow area and permit the
Geotechnical Engineer to sample as necessary from the borrow area for the purpose of making acceptance
tests to prove the quality of the material. The Geotechnical Engineer report on the acceptability shall be
final and binding.
F. Reference Standards:
Compaction Standard: Standard Proctor Density ASTM D698.
G. Preconstruction Conference: Conduct conference at Project site as directed by Owner’s Representative
prior to start of construction. Contractor to comply with requirements, which may also be included in
Division 1 Section "Project Management and Coordination."
1.6 PROJECT CONDITIONS
A. Existing Utilities: Locations, sizes and depths or invert elevations of existing utilities as shown on the
drawings are based on information provided by others, and believed to be correct, but may not be
absolutely so. Such information is therefore presented only as approximations and should be verified
prior to construction. Protect from damage any sewer, water, gas, electric, phone or other pipe, lines or
conduits uncovered during the work until they have been exam ined by the Owner’s Representative. If
such lines are found to be abandoned and not in use, remove affected sections without extra cost. If such
lines are found to be in use, carefully protect and carry on work around them. If Owner’ Representative
deems it advisable to move such lines, Owner will pay cost of moving. Do not interrupt utilities serving
facilities occupied by Owner or others unless permitted in writing by Owner’s Representative and then
only after arranging to provide temporary utility services according to requirements indicated.
• Contact utility-locator service for area where project is located before excavating.
• Notify Owner’s Representative not less than two (2) days in advance of proposed utility
interruptions.
• Do not proceed with utility interruptions without Owner’s Representative's written permission.
B. Demolish and completely remove from site existing underground utilities indicated to be removed.
Coordinate with utility companies to shut off services if lines are active.
C. Remove all existing fill deemed by Geotechnical Engineer to be unsatisfactorily placed.
D. Existing Contours and Elevations: Contours and spot elevations of existing ground elevations at the site,
and approximate elevations of finish grade cuts, fills, and excavations for the Work are shown on
Drawings. Contours and elevations for existing ground lines [are based on information provided by
others, and] are believed to be correct, but may not be absolutely so. Existing contours and elevations
should therefore be considered approximate and should be verified at the site prior to construction.
E. Verification of Existing Conditions: Visit the site prior to submission of bids. Verify existing
conditions, elevations, and contours. In the event of discrepancies between existing conditions and those
indicated on the Contract Documents or survey, con tact the Owner’s Representative for clarification.
F. Existing Benchmarks: Carefully preserve and maintain existing benchmarks, monuments, property line
pins, and other reference points. If disturbed or destroyed, restore or replace by a Professional Land
Surveyor at no additional cost to Owner.
G. Frost Protection: When freezing temperatures may be expected, do not excavate to the full depth
indicated unless the footing or slabs are to be poured immediately after the excavation has been
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completed. If placing of concrete is delayed, protect the bottoms of excavations from frost until concrete
is placed.
4.7 WARRANTY
Settlement in backfill, fill or in structures built over backfill or fill, which may occur within the specified
project warranty period, shall be corrected at no cost to the Owner. Any structures damaged by settlement
shall be restored to their original condition by the Contractor, at no cost to the Owner.
PART 2 - EARTH MOVING PRODUCTS
5.1 SOIL MATERIALS
A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from
excavations.
B. Satisfactory Soils: Shall meet approval of Geotechnical Engineer and shall be free of rock or gravel larger
than 3 inches (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious
matter. Clean, on-site, natural soils, or imported materials, as approved by the Geotechnical Engineer.
C. Unsatisfactory Soils: Soil Classification Groups GP, SP, CH, MH, OL, CH, MH, OH, and PT according to
ASTM D 2487, A-2-6, A-2-7, A-4, A-5, A-6, and A-7 according to AASHTO M 145, or a combination of
these groups, as identified by the Geotechnical Engineer.
• Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum
moisture content at time of compaction.
D. Backfill and Fill: Approved by Geotechnical Engineer.
E. Structural Fill: Approved by Geotechnical Engineer.
F. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and
natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1 ½-inch (37.5-mm) sieve and
not more than 12 percent passing a No. 200 (0.075-mm) sieve.
G. Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and
natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1 ½-inch (37.5-mm) sieve and
not more than 8 percent passing a No. 200 (0.075-mm) sieve
H. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and
natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1 ½-inch (37.5-mm) sieve and
not more than 12 percent passing a No. 200 (0.075-mm) sieve.
I. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and
natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch (25-mm) sieve and not
more than 8 percent passing a No. 200 (0.075-mm) sieve.
J. Drainage Course: Narrowly graded mixture of washed crushed stone, or crushed or uncrushed gravel;
ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1 ½-inch (37.5-mm) sieve
and 0 to 5 percent passing a No. 8 (2.36-mm) sieve.
K. Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and natural sand;
ASTM D 448; coarse-aggregate grading Size 67; with 100 percent passing a 1-inch (25-mm) sieve and 0
to 5 percent passing a No. 4 (4.75-mm) sieve.
L. Sand: ASTM C 33; fine aggregate, natural, or manufactured sand.
M. Impervious Fill: Clayey gravel and sand mixture capable of compacting to a dense state.
2.2 GEOTEXTILES
A. Subsurface Drainage and Separation Geotextile: Nonwoven needle-punched geotextile, manufactured for
subsurface drainage applications, made from polyolefins or polyesters; with elongation greater than 50
percent; complying with AASHTO M 288. Utilize Miraf i 140N or as recommended by Geotechnical
Engineer.
PART 3 - EARTH MOVING EXECUTION
3.1 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement,
lateral movement, undermining, washout, and other hazards created by earth moving operations.
B. Preparation of subgrade for earth moving operations including removal of vegetation, topsoil, debris,
obstructions, and deleterious materials from ground surface is specified in Division 31 Section "Site
Clearing."
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C. Protect and maintain erosion and sedimentation controls, which are specified in Division 31 Section
"Temporary Erosion and Sediment Control," during earth moving operations. Provide erosion control
measures to prevent erosion or displacement of soils and discharge of soil bearing water runoff or airborne
dust to adjacent properties and rights-of-way.
D. Protect subgrades and foundation soils against freezing temperatures or frost. Provide protective insulating
materials as necessary.
E. Cold Weather Work: Prevent frost from entering bearing stratus upon which construction will take place or
in areas where fill will be placed in that season.
3.2 DEWATERING
A. Prevent surface water and subsurface ground water from entering excavations, from ponding on prepared
subgrades, and from flooding Project site and surrounding area.
B. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation.
• Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in
excavations. Do not use excavated trenches as temporary drainage ditches.
• Install a dewatering system to keep subgrades dry and convey ground water away from excavations.
Maintain until dewatering is no longer required.
• Obtain and comply with all provisions of the Colorado Department of Public Health and
Environment, Water Quality Control Division, Construction Dewatering Permit.
C. Protection of Persons and Property:
1. Provide all necessary measures to protect workmen and passersby. Barricade open excavations
occurring as part of the Work, as required by municipal or other authorities having jurisdiction.
2. Protect adjacent streets, roadways, and properties throughout the entire operation. Protect newly
graded areas from destruction by weather or runoff. Protect structures, utilities, sidewalks,
pavements, and other improvements from damage caused by settlement, lateral movement,
undermining, washout, and other hazards created by earth moving operations.
3.3 EXPLOSIVES
A. Explosives: Do not use explosives.
3.4 EXCAVATION, GENERAL
A. Unclassified Excavation: All excavation (other than rock excavation) is considered as unclassified and is
defined as removal of all material encountered, regardless of soil type. Excavate to subgrade elevations
regardless of the character of surface and subsurface conditions encountered. Unclassified excavated
materials may include soil materials, and obstructions. Unclassified excavation is considered normal
excavation, and no extra costs will be allowed.
1. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock,
replace with satisfactory soil materials.
2. Remove material of every nature or description encountered in obtaining required lines and grades.
Excavate and/or place and compact fill to provide for building pad elevation(s) required by
drawings.
3. Excavate wide enough at foundations and retaining walls to permit erection and removal of forms,
application of damp-proofing or waterproofing.
4. Pitch grading around excavations to prevent water from running into excavated areas.
5. Pre-rip hardpan and soft bedrock with single-tooth ripper or other suitable equipment to facilitate
excavation with conventional earth-moving equipment.
6. Bearing soils disturbed by excavating equipment must be recompacted to 95 percent of maximum
Standard Proctor Density (ASTM D698) prior to placing concrete.
7. Exposed areas which will receive fill once properly cleaned, shall be scarified to a minimum depth
of 8-inches, conditioned to near optimum moisture content, and compacted.
B. Classified Excavation: Excavate to subgrade elevations. Material to be excavated will be classified as earth
excavation and rock excavation. Do not excavate rock until it has been classified and cross sectioned by
Owner’s Representative.
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• Earth excavation includes excavating pavements and obstructions visible on surface; underground
structures, utilities, and other items indicated to be removed; together with soil, boulders, and other
materials not classified as rock or unauthorized excavation.
a. Intermittent drilling; ram hammering; or ripping of material not classified as rock excavation
is earth excavation.
C. Stability:
1. Slope sides of excavations in compliance with OSHA requirements and local codes or ordinances.
Shore and brace where sloping is not possible because of space restrictions or stability of material
excavated.
2. Continuously monitor cut slopes for distress. Take all necessary precautions to safeguard workers,
structures, and utilities.
3. Provide all necessary shoring, sheeting, or bracing of sides of excavations required to prevent
caving, erosion, and gullying. Provide underpinning of existing structures or other improvements
adjacent to excavations which are subject to damage.
D. Unanticipated Conditions: Notify the Owner’s Representative immediately upon finding evidence of
previous structures or filled materials which penetrate below designated excavation levels, groundwater
or water-bearing strata, or other conditions which are not shown or which cannot be reasonably assumed
from existing surveys and geotechnical reports. Secure the Owner’s Representative instruction before
proceeding with further work in such areas.
E. Rock Excavation: Includes removal and disposal of rock. Remove rock to lines and subgrade elevations
indicated to permit installation of permanent construction. Rock excavation in unconfined areas is defined
as removal and disposal of material which in the Geotechnical Engineer’s opinion, cannot be excavated
without continuous and systematic drilling and blasting, or continuous use of a suitable ripper or other
special equipment.
• Unanticipated Rock Excavation: Rock excavation that is not indicated on existing surveys or which
cannot be reasonably assumed from geotechnical studies of the site, and which could not have been
anticipated without extensive investigations. Unanticipated rock excavation shall be subject to
change order procedures or previously agreed upon unit prices.
3.5 EXCAVATION FOR STRUCTURES
A. Excavate to indicated elevations and dimensions within a tolerance of plus or minus 0.10 -foot. If
applicable, extend excavations a sufficient distance from structures for placing and removing concrete
formwork, for installing services and other constructi on, and for inspections.
• Excavations for Footings and Foundations: Do not disturb bottom of excavation. Excavate by hand
to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades
to leave solid base to receive other work.
• Pile Foundations: Stop excavations 6 to 12 inches (150 to 300 mm) above bottom of pile cap before
piles are placed. After piles have been driven, remove loose and displaced material. Excavate to
final grade, leaving solid base to receive concrete pile caps.
• Excavation for Underground Tanks, Basins, and Mechanical or Electrical Utility Structures:
Excavate to elevations and dimensions indicated within a tolerance of plus or minus 1 inch (25
mm). Do not disturb bottom of excavations intended as bearing surfaces.
• Excavation Below Slab on Grade, Walks, or Pavement: Overexcavate sub-grade soils within the
proposed footprint of the building slab -on-grade to a minimum depth as recommended in Geotech
Report and replace with on-site or imported materials as approved by Geotechnical Engineer.
B. Existing man-made fill shall be removed under structures as required by the Geotechnical Engineer.
3.6 EXCAVATION FOR WALKS AND PAVEMENTS
A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and subgrades.
B. Scarify subgrade soils beneath exterior slabs, sidewalks and pavements to a minimum depth of 8 -inches,
moisture condition and recompact as specified.
C. Existing man-made fill shall be removed under walks and pavements as required by the Geotechnical
Engineer.
3.7 EXCAVATION FOR UTILITY TRENCHES
A. Refer to Division 31 Section “Trenching and Backfilling,” for excavating and backfilling of utilities.
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3.8 SUBGRADE INSPECTION
A. Notify Geotechnical Engineer when excavations have reached required subgrade.
B. If Owner’s Representative and Geotechnical Consultant determines that unsatisfactory soil is present,
continue excavation and replace with compacted backfill or fill material as directed.
C. Proof-roll subgrade below the building slabs and pavements with heavy pneumatic-tired equipment to
identify soft pockets and areas of excess yielding. Remove and replace soft areas. Do not proof -roll wet
or saturated subgrades.
• Completely proof-roll subgrade in one direction, repeating proof-rolling in direction perpendicular
to first direction. Limit vehicle speed to 3 mph (5 km/h).
• Proof-roll with a loaded 10-wheel, tandem-axle dump truck weighing not less than 15 tons.
• Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as determined
by Owner’s Representative, and replace with compacted backfill or fill as directed.
D. Authorized additional excavation and replacement material will be paid for according to Contract
provisions for changes in the Work.
E. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction
activities, as directed by Owner’s Representative, without additional compensation.
3.9 UNAUTHORIZED EXCAVATION
A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete
foundation or footing to excavation bottom, without altering top elevation. Lean concrete fill, with 28 -
day compressive strength of 2500 psi (17.2 MPa), may be used when approved by Geotechnical Engineer.
If approved by Geotechnical Engineer, structural fill placed at 100 percent ASTM D698, 2 percent below
to 1 percent above optimum moisture may be used.
• Fill unauthorized excavations under other construction or utility pipe as directed by Owner’s
Representative.
3.10 STORAGE OF SOIL MATERIALS
A. Stockpile borrow soil materials and excavated satisfactory soil materials in approved locations without
intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust.
• Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining
trees.
3.11 BACKFILL
A. Place and compact backfill in excavations promptly, but not before completing the following:
• Construction below finish grade including, where applicable, subdrainage, damp-proofing,
waterproofing, and perimeter insulation.
• Surveying locations of underground utilities for Record Documents.
• Testing and inspecting underground utilities.
• Removing concrete formwork.
• Removing trash and debris.
• Removing temporary shoring and bracing, and sheeting.
• Installing permanent or temporary horizontal bracing on horizontally supported walls.
• Acceptance of subgrade by Geotechnical Engineer.
B. Place backfill on subgrades free of mud, frost, snow, or ice.
3.12 UTILITY TRENCH BACKFILL
A. Refer to Division 31 Section “Trenching and Backfilling,” for excavating and backfilling of utilities.
3.13 SOIL FILL
A. Preparation: Remove vegetation, topsoil, debris, unsatisfactory soil materials, obstructions, and deleterious
materials from ground surface before placing fills.
1. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill
material will bond with existing material.
2. In areas of fill, scarify natural soil following removal of unsatisfactory material, to a depth of 8 -
inches.
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B. Place and compact fill material in layers to required elevations per the geotechnical report and as follows:
• Under grass and planted areas, use satisfactory soil material.
• Under walks and pavements, use satisfactory soil material.
• Under steps and ramps, use engineered fill or structural fill as approved by Geotechnical Engineer.
• Under building slabs, use engineered fill or reconditioned on-site soils or imported fills of native
soils as approved by Geotechnical Engineer.
• Under footings and foundations, use engineered fill or reconditioned on -site soils or imported fills
of native soils as approved by Geotechnical Engineer.
C. Place soil fill on subgrades free of mud, frost, snow, or ice.
3.14 SOIL MOISTURE CONTROL
A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to
optimum or to 3 percent over optimum moisture content for clay soils, or within 2 percent of optimum
moisture content for granular soils. Refer to geotechnical study for additional recommendations.
• Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain frost or ice.
• Remove and replace or scarify and air dry otherwise satisfactory soil material that exceeds optimum
moisture content beyond the tolerances described above and is too wet to compact to specified dry
unit weight.
3.15 COMPACTION OF SOIL BACKFILLS AND FILLS
A. Place backfill and fill soil materials in layers not more than 8 inches (200 mm) in loose depth for material
compacted by heavy compaction equipment, and not more than 4 inches (100 mm) in loose depth for
material compacted by hand-operated tampers.
B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and uniformly
along the full length of each structure.
C. Compact soil materials to not less than the following percentages of maximum dry unit weight according
to ASTM D 698:
• Under exterior flatwork, slabs, steps, and pavements, scarify and recompact top 8 inches (300 mm)
of existing subgrade and each layer of backfill or fill soil material at 95 percent.
• Underfootings and interior floor slabs, excavate to approved natural soils, in fill condition, compact
to 95 percent.
• Under lawn or unpaved areas, scarify and recompact top 6 inches (150 mm) below subgrade and
compact each layer of backfill or fill soil material at 90 percent.
• Compact foundation wall backfill to 95 percent.
• Compact scarified subgrade soils to 95 percent.
• Compact retaining wall backfill to 95 percent.
3.16 GRADING
A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with
compaction requirements and grade to cross sections, lines, and elevations indicated.
• Provide a smooth transition between adjacent existing grades and new grades.
• Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances.
B. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades
to required elevations within the following tolerances:
• Lawn or Unpaved Areas: Plus or minus 0.10 feet.
• Walks: Plus or minus 0.10 feet.
• Pavements: Plus or minus 0.10 feet.
• Grading inside Building Lines: Finish subgrade to a tolerance of ½-inch (13 mm) when tested with
a 10-foot (3-m) straightedge.
3.17 SUBBASE AND BASE COURSES
A. Place subbase and or base course on subgrades free of mud, frost, snow, or ice.
B. On prepared subgrade, place subbase and or base course under pavements and walks as follows:
• Install separation geotextile, if requested by Geotechnical Engineer, on prepared subgrade according
to manufacturer's written instructions, overlapping sides and ends.
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• Place base course material over subbase course under hot-mix asphalt pavement.
• Shape subbase and or base course to required crown elevations and cross-slope grades.
• Place subbase and or base course 6 inches (150 mm) or less in compacted thickness in a single layer.
• Place subbase and or base course that exceeds 6 inches (150 mm) in compacted thickness in layers
of equal thickness, with no compacted layer more than 6 inches (150 mm) thick or less than 3 inches
(75 mm) thick.
• Compact subbase and or base course at optimum moisture content to required grades, lines, cross
sections, and thickness to not less than 95 percent of maximum dry unit weight according to
ASTM D 698.
C. Pavement Shoulders: Place shoulders along edges of subbase and base course to prevent lateral movement.
Construct shoulders, at least 12 inches (300 mm) wide, of satisfactory soil materials and compact
simultaneously with each subbase and base layer to not less than 95 percent of maximum dry unit weight
according to ASTM D 698.
3.18 DRAINAGE COURSE
A. Place drainage course on subgrades free of mud, frost, snow, or ice.
B. On prepared subgrade, place and compact drainage course under cast-in-place concrete slabs-on-grade as
follows:
• Install subdrainage geotextile if required by Geotechnical Engineer on prepared subgrade according
to manufacturer's written instructions, overlapping sides and ends.
• Place drainage course 6 inches (150 mm) or less in compacted thickness in a single layer.
• Place drainage course that exceeds 6 inches (150 mm) in compacted thickness in layers of equal
thickness, with no compacted layer more than 6 inches (150 mm) thick or less than 3 inches (75
mm) thick.
• Compact each layer of drainage course to required cross sections and thicknesses to not less than 95
percent of maximum dry unit weight according to ASTM D 698.
3.19 FIELD QUALITY CONTROL
A. Testing Agency: The City of Aspen will engage a qualified independent geotechnical engineering testing
agency to perform field quality-control testing.
B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent
earth moving only after test results for previously completed work comply with requirements.
C. Footing Subgrade: At footing subgrades, at least one test of each soil stratum will be performed to verify
design bearing capacities. Subsequent verification and approval of other footing subgrades may be based
on a visual comparison of subgrade with tested subgrade when approved by Owner’s Representative.
D. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167,
ASTM D 2922, and ASTM D 2937, as applicable. Perform field moisture tests in accordance with ASTM
D3017. Tests will be performed at the following locations and frequencies at a minimum:
• Paved and Building Slab Areas: At subgrade and at each compacted fill and backfill layer, at least
1 test for every 2000 sq. ft. (186 sq. m) or less of paved area or building slab, but in no case fewer
than 3 tests.
• Foundation Wall Backfill: At each compacted backfill layer, at least 1 test for each 100 feet (30 m)
or less of wall length, but no fewer than 2 tests.
E. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction
specified, scarify and moisten or aerate, or remove and replace soil to depth required; recompact and retest
until specified compaction is obtained.
3.20 PROTECTION
A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash
and debris.
B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces
become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations
or weather conditions.
• Scarify or remove and replace soil material to depth as directed by Owner’s Representative; reshape
and recompact.
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C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with
additional soil material, compact, and reconstruct surfacing.
• Restore appearance, quality, and condition of finished surfacing to match adjacent work, and
eliminate evidence of restoration to greatest extent possible.
3.21 DISPOSAL OF SURPLUS AND WASTE MATERIALS
A. Disposal: Transport surplus satisfactory soil to designated storage areas on City of Aspen property.
Stockpile or spread soil as directed by The City Engineer / Designee, or Project Manager.
1. Remove waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it
off Owner's property.
END OF SECTION 31 2000
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SECTION 31 2333
TRENCHING AND BACKFILLING
PART 1 - TRENCHING AND BACKFILLING GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and
Division 1 Specification Sections, apply [if provided,] to this Section.
B. Additional information concerning trenching and backfilling may be found on the civil drawings, in the
project geotechnical study/report, City of Aspen Engineering Standards and City of Aspen Construction
and Excavation Standards for Work in the Public Right-of-. In case of conflict between the drawings,
jurisdictional criteria and the information specified herein, the more stringent requirements shall govern.
1.2 SUMMARY
A. This Section includes the following:
• Subsurface drainage backfill for walls and trenches.
• Excavating and backfilling for utility trenches.
• Excavating and backfilling trenches for buried mechanical and electrical utilities and pits for buried
utility structures.
• Excavating and backfilling trenches within building lines.
B. Related Sections include the following:
• Division 31 Section "Site Clearing" for site stripping, grubbing, stripping topsoil, and removal of
above- and below-grade improvements and utilities.
• Division 33 Section “Subdrainage Systems” for drainage of foundations, slabs-on-grade, walls, and
landscaped areas.
• Division 31 Section “Earth Moving” for soil materials, site excavating, filling and grading.
• Division 31 Section “Temporary Erosion and Sedimentation Control” for erosion and sediment
control.
• Division 33 Section “Water Utility Distribution Piping” for water main installation.
• Division 33 Section “Storm Utility Drainage Piping” for storm sewer system installation.
• Division 33 Section “Sanitary Utility Sewerage Piping” for sanitary sewer main installation.
C. Shoring Design: Provide the services of a professional engineer to design all shoring, bracing, and
underpinning required to protect the safety of workers and integrity of adjacent existing structures or other
improvements. Submit shoring plan to the City Engineering Department with a CMP plan as detailed in the
standards.
1.3 DEFINITIONS
A. Backfill: Soil material or controlled low-strength material used to fill an excavation.
• Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support
sides of pipe.
• Final Backfill: Backfill placed over initial backfill to fill a trench.
B. Base Course: Course placed between the subbase course and hot-mix asphalt paving.
C. Bedding Course: Course placed over the excavated subgrade in a trench before laying pipe.
D. Borrow Soil: Satisfactory soil imported from off-site for use as backfill approved by Geotechnical
Engineer.
E. Unclassified Excavation: Removal of all material of whatever-character required for the work encountered
above subgrade elevations and to lines and dimensions indicated, including boulders.
F. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and
dimensions as directed or approved by Owner’s Representative and the testing and inspections agency to
correct unsatisfactory conditions. Authorized additional excavation and replacement material will be paid
for according to Contract provisions for changes in the Work.
G. Bulk Excavation: Excavation more than [10 feet (3 m)] in width and more than [30 feet (9 m)] in length.
H. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions
without direction by Owners Representative. Unauthorized excavation including disposition of
overexcavated materials and other work resulting from slid es, cave-ins, swelling, upheaval, or remedial
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work, as well as remedial work directed by Owners Representative, shall be without additional
compensation.
I. Rock Excavation: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders
of rock material that exceed [1 cu. yd. (0.76 cu. m)] for bulk excavation or [3/4 cu. yd. (0.57 cu. m)] for
footing, trench, and pit excavation that cannot be removed by rock excavating equipment equivalent to the
following in size and performance ratings, without systematic drilling, ram hammering, ripping, or blasting,
when permitted:
• Excavation of Footings, Trenches, and Pits: Late-model, track-mounted hydraulic excavator;
equipped with a 42-inch- (1065-mm-) wide, maximum, short-tip-radius rock bucket; rated at not
less than 138-hp (103-kW) flywheel power with bucket-curling force of not less than 28,090 lbf
(125 kN) and stick-crowd force of not less than 18,650 lbf (83 kN); measured according to SAE J-
1179.
• Bulk Excavation: Late-model, track-mounted loader; rated at not less than 210-hp (157-kW)
flywheel power and developing a minimum of 48,510-lbf (216-kN) breakout force with a general-
purpose bare bucket; measured according to SAE J-732.
J. Subbase Course: Course placed between the subgrade and base course for hot -mix asphalt pavement, or
course placed between the subgrade and a cement concrete pavement or a cement concrete or hot -mix
asphalt walk.
K. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill
immediately below subbase, drainage fill, or topsoil materials.
L. Utilities: Includes on-site underground pipes, conduits, ducts, and cables, as well as underground services
within buildings.
M. Controlled Low Strength Material (CLSM): Controlled Low Strength Materials (CLSM) consists of a well -
graded mixture of mineral aggregates, cementitious materials, water and admixtures. Other common names
for CLSMs include: flowable fill, flowfill, non-shrink backfill, fly ash fill and controlled density fill.
1.4 SUBMITTALS
A. Product Data: For the following:
• Each type of plastic warning tape.
B. Samples: Contractor to submit representative samples of all materials proposed for use in bedding and
trench backfilling operations to the testing and inspections agency for analysis and determination of
compliance with the requirements specified herein.
C. Material Test Reports: Provided by Owner from a qualified testing agency indicating and interpreting test
results for compliance (Contractor is responsible for all scheduling and assurance of testing standards) of
the following with requirements indicated:
• Classification according to ASTM D 2487 of each on -site or borrow soil material proposed for fill
and backfill.
• Laboratory compaction curve according to ASTM D 698 for each on -site or borrow soil material
proposed for fill and backfill.
D. Pre-Excavation Photographs or Videotape: Show existing conditions of adjoining construction and site
improvements, including finish surfaces that might be misconstrued as damage caused by earthwork
operations. Submit before earthwork begins.
E. CLSM: The Contractor will be required to submit a mix design and test data for approval, prior to
excavating the area for which CLSMs are proposed for use. All materials of this category placed without
previous approval, or which do not perform as specified, will be rejected by the Owner and all costs incurred
for removal and replacement of these materials will be at the Contractor’s expense.
1.5 QUALITY ASSURANCE
A. Testing Agency:
1. All testing and inspections required herein will be performed by an independent testing and
inspection agency employed by the Owner. Contractor is responsible for all scheduling and
assurance of testing per the City of Aspen Engineering Standards.
2. Notify the testing and inspection agency not less than 48 hours in advance of all work requiring
testing or inspection services.
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B. Regulatory Requirements: Comply with all applicable requirements of the Occupational Safety and
Health Administration and local and State rules, regulations, and ordinances concerning shoring, bracing,
or sloping of excavations and safety of workers. Saf ety of workers is the responsibility of the Contractor.
C. Coordination: Coordinate scheduling and procedures for trench excavation, bedding, and backfilling
with other Sections whose work relates to or is affected by this work.
D. Pre-Construction Conference: Conduct conference at Project site as directed by Owner’s Representative
prior to start of construction. Contractor to comply with requirements, which also may be included in
Division 1 Section "Project Management and Coordination."
1.6 PROJECT CONDITIONS
A. Existing Utilities: Locations, sizes and depths or invert elevations of existing utilities as shown on the
drawings are [based on information provided by others, and are] believed to be correct, but may not be
absolutely so. Such information is therefore presumed only as approximations and should be verified prior
to construction. Do not interrupt utilities serving facilities occupied by Owner or others unless permitted
in writing by Owner’s Representative and then only after arranging to provide tempora ry utility services
according to requirements indicated.
• Notify Owner’s Representative not less than two (2) days in advance of proposed utility
interruptions.
• Do not proceed with utility interruptions without Owner’s Representative's written permission.
• Contact utility-locator service for area where Project is located before excavating.
B. Demolish and completely remove from site existing underground utilities indicated to be removed.
Coordinate with utility companies to shut off services if lines are active.
C. Existing Bench Marks: Carefully preserve and maintain existing bench marks, monuments, property line
pins, and other reference points. If disturbed or destroyed, restore or replace them at no additional cost to
the Owner.
D. Verification of Existing Conditions: Visit the site prior to submission of bids. Verify existing conditions,
elevations, and utility locations. In the event of discrepancies between existing conditions and those
indicated on the Contract Documents or su rvey, contact the Owner’s Representative for clarification.
1.7 WARRANTY
Settlement in backfill, fill or in structures built over backfill or fill, which may occur within the specified
project warranty period, shall be corrected at no cost to the Owner. Any structures damaged by settlement
shall be restored to their original condition by the Contractor, at no cost to the Owner.
PART 2 - TRENCHING AND BACKFILLING PRODUCTS
2.1 MATERIALS
A. Utility Trench Bedding Materials
1. Granular Bedding: Well graded mixture of sound mineral aggregate complying with Class 67
(Modified) gradation in accordance with the following table:
Class 67 (Modified) Gradation
Nominal Size Percent Passing by Weight
¾” 90-100
3/8” 20-55
No. 4 5-10
No. 8 5-10
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In the event the excavation or over excavation for bedding is below the water table, the sub -
bedding material shall consist of ¾-inches to 1-1/2-inches rock (or larger if approved), placed in
accordance with the Agency have authority.
2. Sand Bedding: Clean, well-graded sand, not more than 5% by weight passing a No. 200 sieve.
B. Utility Trench Backfill Materials:
1. Existing soils obtained from trench excavations, including granular or aggregate base course from
removed pavements, broken and pulverized claystone or claystone -sandstone bedrock may be used
for backfilling trenches, provided it meets any special requirem ents of the Utility Agency and
Geotechnical Engineer. Bedrock must be processed and broken or pulverized so that the
maximum particle or fragment size does not exceed three-inches (3-inches).
C. Unsuitable Utility Trench Materials: Materials unsuitable for bedding and backfilling include highly organic
soils, ASTM D2487 Group PT topsoil, and soils containing roots, vegetable matter, trash, and debris.
2.2 CONTROLLED LOW STRENGTH MATERIAL (CLSM)
A. Controlled Low Strength Material: Self compacting, flowable concrete material produced from the
following:
• Portland Cement: ASTM C 150, Type II minimum 50 lbs/cu. yd. Per CDOT Standard Specifications
Section 206.
• Fly Ash: ASTM C618, Class C or F. Can be substituted up to 40% of weight of Portland Cement.
• Coarse Aggregate: In accordance with the grading and quality requirements of ASTM C 33 for Size
No. 467, No. 57, or No. 67.
• Fine Aggregate: In accordance with the grading and quality requirements of ASTM C33.
• Foaming Agent: ASTM C 869.
• Water: ASTM C94/C 94 M.
• Air-Entraining Admixture: ASTM C 260.
• Admixtures: Admixtures that do not contain calcium chloride and are in accordance with ASTM C
494 for concrete may be used. Admixtures shall be compatible with the cement and other
admixtures.
B. Produce low-density, controlled low strength material with the following physical properties:
• Total cementitious material: 50 to 95 lb/cy.
• Fly Ash by Weight: Maximum 40% of total cementitious materials.
• Air-entrained to total air content: 4% to 8%.
• The mix shall have a slump between 7 and 10 inches as per AASHTO Designation T 119 -82 or
ASTM C 143.
• Fine Aggregates: Between 50% and 60% by volume of total aggregate.
• Compressive strength at 28 days: 50 to 150 psi when molded and cured in accordance with ASTM
D 4832.
• Maximum water-cement ration: 3.5:1.
2.3 ACCESSORIES
A. Shoring and Bracing: Provide all materials for shoring and bracing, such as sheet piling, uprights, stringers,
and cross-braces, in good and serviceable condition, as required for safety and by governing authorities.
B. Detectable Warning Tape: Acid- and alkali-resistant polyethylene film warning tape manufactured for
marking and identifying underground utilities, a minimum of 6 inches (150 mm) wide and 4 mils (0.1 mm)
thick, continuously inscribed with a description of the utility; colored as follows:
• Red: Electric.
• Yellow: Gas, oil, steam, and dangerous materials.
• Orange: Telephone and other communications.
• Blue: Water systems.
• Green Sewer systems.
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PART 3 - TRENCHING AND BACKFILLING EXECUTION
3.1 EXAMINATION
A. Verification of Conditions: Examine areas and conditions under which the work of this Section will be
performed. Do not proceed with the work until unsatisfactory conditions have been corrected.
Commencement of work implies acceptance of all areas and c onditions.
3.2 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement,
lateral movement, undermining, washout, and other hazards created by earthwork operations.
B. Preparation of subgrade for earthwork operations including removal of vegetation, topsoil, debris,
obstructions, and deleterious materials from ground surface is specified in Division 31 Section "Site
Clearing."
C. Protect and maintain erosion and sedimentation controls, which are specified in Division 31 Section
"Temporary Erosion and Sediment Control," during earthwork operations.
D. Existing Utilities:
1. General: Location of existing utilities shown on the plans are approximate only. The Contractor
shall be responsible to locate all existing underground utilities in areas of the work. If utilities are
to remain in place, provide protection during excavation and backfilling operations. Should
uncharted or incorrectly charted piping or other utilities be encountered during excavations,
consult the Owner’s Representative immediately for direction. Cooperate with the Utility Agency
in keeping respective services and facilities in operation. Repair damaged utilities to the
satisfaction of the Utility Agency.
2. Active Utilities: Do not interrupt existing utilities serving facilities occupied and used by the
Owner or by adjacent properties, except when permitted in writing by the Owner’s Representative,
and then only after acceptable temporary utility services have been provided. Remove or relocate
utilities only as indicated or specified.
3. Inactive Utilities: Report inactive or abandoned utilities encountered in excavating or grading
operations, and remove, plug, or cap as required. In the absence of specific requirements, plug or
cap such utility lines at least 5-feet -0-inches outside new building walls, or as required by local
requirements.
4. Removal: Demolish and completely remove from the project site all existing underground utilities
indicated to be removed. Coordinate with Utility Agencies for discontinuance of services if lines
are active.
E. Protection of Persons and Property:
1. Provide all necessary measures to protect workmen and passersby. Barricade open excavations
occurring as part of the work, as required by municipal or other authorities having jurisdiction.
2. Protect adjacent streets, structures, and other improvements from damage caused by settlement,
undermining, washout, and other hazards created by trench excavations.
F. Protect subgrades and trench bottoms soils against freezing temperatures or frost. Provide protective
insulating materials as necessary.
G. Cold Weather Work: Prevent frost from entering bearing strata upon which construction will taken place
or in areas where fill will be placed in that season.
3.3 DEWATERING
A. Prevent surface water and subsurface or ground water from entering excavations, from ponding on prepared
subgrades, and from flooding Project site and surrounding area.
B. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system
components necessary to convey water away from excavations and to collection or runoff areas. Establish
and maintain temporary drainage ditches and diversions away from trench excavations. Do not use trench
excavations as temporary drainage ditches.
C. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation.
• Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in
excavations. Do not use excavated trenches as temporary drainage ditches.
• Install a dewatering system to keep subgrades dry and convey ground water away from excavations.
Maintain until dewatering is no longer required.
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• Obtain and comply with all provisions of the Colorado Department of Public Health and
Environment, Water Quality Control Division, Construction Dewatering Permit.
3.4 SHORING AND BRACING
A. Provide shoring and bracing of excavations as required for safety and by governing authorities. Carry down
shoring and bracing as excavation progresses. Maintain shoring and bracing in excavations regardless of
time period excavations will be open.
3.5 PAVEMENT REMOVAL AND REPLACEMENT
A. Where trenches or other utility excavations are made in existing paved areas, saw -cut pavement surface to
create a clean break line. Cut pavement a minimum of 12-inches beyond trench width on each side of
trench; remove and dispose of existing surface course and aggregate base course, leaving a 12-inches wide
undisturbed subgrade lip on each side of trench.
B. After trench has been backfilled and compacted, place new pavement in accordance with applicable
requirements of Division 32 Sections as applicable, for Asphaltic or Portland cement concrete pavement
and in accordance with Authorities having jurisdiction.
3.6 EXPLOSIVES
A. Explosives: Do not use explosives.
3.7 EXCAVATION FOR UTILITY TRENCHES
A. Excavate trenches to indicated gradients, lines, depths, and elevations.
• Beyond building perimeter, excavate trenches to allow installation of top of pipe below frost line.
B. Excavate trenches to uniform widths to provide the following clearance on each side of pipe or conduit.
Excavate trench walls vertically from trench bottom to 12 inches (300 mm) higher than top of pipe or
conduit, unless otherwise indicated on the drawings.
C. Clearance: 12 inches minimum on each side of the dry conduit or as shown in the construction drawings.
• Slope sides of trenches or provide shoulders in accordance with OSHA requirements and as required
by Utility Agency standards.
• Continuously monitor cut slopes and trenches for distress or movement. Provide all necessary
shoring and bracing required to protect the life and safety of workmen performing excavation or
installing piping or conduit.
D. Trench Bottoms: Excavate trenches a minimum of 3 inches (75 mm) deeper than bottom of pipe elevation
to allow for bedding course. Hand excavate for bell of pipe.
• Excavate trenches 6 inches (150 mm) deeper than elevation required in rock or other unyielding
bearing material to allow for bedding course and backfill with a 6 -inches layer of crushed stone or
gravel prior to installing pipe.
3.8 BEDDING OF PIPES:
A. After completion of trench excavation and before installation of piping, install not less than 3 -inches of
approved bedding material in trench bottom for support of pipe. Dig bell holes in bedding deep enough to
provide a minimum of 2-inches clearance between the bell and bedding material. Fully support pipe on
bedding material for the full length of the pipe barrel.
B. After pipe is adjusted for line and grade, and all jointing is complete, carefully place and tamp bedding
material under the haunches of the pipe and in the previously dug bell holes.
C. Install bedding to a minimum depth of 12-inches above top of pipe prior to starting placement of compacted
backfill. Lightly compact or tamp bedding material in a manner to avoid displacement of or damage to the
pipe.
3.9 STORAGE OF SOIL MATERIALS
A. Stockpile borrow soil materials and excavated satisfactory soil materials in approved locations without
intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust.
• Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining
trees.
3.10 UTILITY TRENCH BACKFILL
A. After installation of utility piping or lines have been completed, locations recorded, trash or other debris
removed from excavations, and bedding placed and approved, backfill promptly as work and weather
conditions permit. Do not backfill trenches until all required pipe system tests and inspections have been
made, unless partial backfilling is required to restrain pipe under test pressures. Use care in backfilling to
avoid damage or displacement of pipe systems.
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B. Place backfill on subgrades free of mud, frost, snow, or ice.
C. Place and compact bedding course on trench bottoms and where indicated. Shape bedding course to provide
continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits.
D. Place backfill materials in layers not more than 8-inches in loose depth for material compacted by heavy
compaction equipment, and not more than 4-inches in loose depth for material compacted by hand operated
tampers. Use hand held tools or compacting dev ices for trench backfill, until a minimum compacted
thickness of 3-feet -0-inches above top of pipe is achieved. Mechanical or power compactors may be used
thereafter.
E. Before compaction, moisten or aerate each layer of backfill to specifications.
F. Compact each layer to not less than 95% of maximum standard Proctor density (ASTM D698). Thoroughly
compact by means of mechanical tampers areas which cannot be properly compacted by means of rolling
equipment.
G. Backfill to subgrade elevation shown for finish grading, topsoil placement, or paving.
H. Place and compact initial backfill of satisfactory soil, free of particles larger than 1 inch (25 mm) in any
dimension, to a height of 12 inches (300 mm) over the utility pipe or conduit.
• Carefully compact initial backfill under pipe haunches and compact evenly up on both sides and
along the full length of utility piping or conduit to avoid damage or displacement of piping or
conduit. Coordinate backfilling with utilities testing.
I. Backfill voids with satisfactory soil while installing and removing shoring and bracing.
J. Place and compact final backfill of satisfactory soil to final subgrade elevation.
K. Install warning tape directly above utilities, 12 inches (300 mm) below finished grade, and 6 inches (150
mm) below subgrade under pavements and slabs.
L. Controlled Low Strength Material: Place initial backfill of controlled low strength material to a height of
12 inches (300 mm) over the pipe or conduit. Coordinate backfilling with utilities testing.
M. Controlled Low Strength Material: Place final backfill of controlled low strength material to final subgrade
elevation.
N. When CLSMs are placed within the right-of-way, or they are to be covered by paving materials, the final
set product must achieve a maximum indentation diameter of 3 inches prior to covering and opening the
area to traffic. Penetration resistance shall be as measured by ASTM C6024, “Standard Test Method for
Ball Drop on Controlled Low Strength Material to Determine Suitability for Load Application”.
O. CLSM must be placed in a uniform manner that will prevent voids or segregation of the backfill and shifting
of pipelines, structures and appurtenances. Foreign material that falls into the trench prior to, or during
placement shall be immediately removed.
3.11 SUBSURFACE DRAINAGE
A. Subdrainage Pipe: Specified in Division 33 Section "Subdrainage Systems."
B. Subsurface Drain: Place subsurface drainage geotextile around perimeter of subdrainage trench. Place a
6-inch (150-mm) course of filter material on subsurface drainage geotextile to support subdrainage pipe.
Encase subdrainage pipe in a minimum of 12 inches (300 mm) of filter material, placed in compacted
layers 6 inches (150 mm) thick, and wrap in subsurface drainage geotextile, overlapping sides and ends at
least 6 inches (150 mm).
• Compact each filter material layer to 85 percent of maximum dry unit weight according to
ASTM D 698.
C. Drainage Backfill: Place and compact filter material over subsurface drain, in width indicated, to within
12 inches (300 mm) of final subgrade, in compacted layers 6 inches (150 mm) thick. Overlay drainage
backfill with 1 layer of subsurface drainage geotextile, overlapping sides and ends at least 6 inches (150
mm).
• Compact each filter material layer to 85 percent of maximum dry unit weight according to
ASTM D 698.
• Place and compact impervious fill over drainage backfill in 6-inches (150-mm) thick compacted
layers to final subgrade.
3.12 FIELD QUALITY CONTROL
A. Testing Agency: Owner will engage a qualified independent geotechnical engineering testing agency to
perform field quality-control testing. Contractor is responsible for all scheduling and testing assurance with
the independent geotechnical engineering testing agency.
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B. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent
earthwork only after test results for previously completed work comply with requirements.
C. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM
D 2922, and ASTM D 2937, as applicable. Perform field moisture tests in accordance with ASTM D3017.
Tests will be performed at the following locations and frequencies at a minimum:
• Trench Backfill: The density tests shall be performed during backfilling at specified depths in the
trench to ensure that the required density and moisture is obtained throughout. For trenches less
than 30-inches in depth, density tests shall be taken within 18-inches above the top of pipe or conduit
and at the surface/toplift as a minimum. For trenches greater than 30 -inches in depth, density tests
shall be taken within 18-inches of the top of the pipe or conduit, and at 2 -foot vertical intervals to
the top of the trench with the final test at the surface/toplift. For utility mains conduct one (1) set of
tests per 100 feet of linear trench at specified depths and for service lines conduct one (1) test per
every service line per utility type at specified depths. At a minimum, test intervals and quantities
shall meet or exceed the requirements of the local utility agenc y.
D. When testing agency reports that backfills have not achieved degree of compaction specified, scarify and
moisten or aerate, or remove and replace soil to depth required; recompact and retest until specified
compaction is obtained.
3.13 PROTECTION
A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash
and debris.
B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces
become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or
weather conditions.
• Scarify or remove and replace soil material to depth as directed by Owner’s Representative; reshape
and recompact.
C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with
additional soil material, compact, and reconstruct surfacing.
• Restore appearance, quality, and condition of finished surfacing to match adjacent work, and
eliminate evidence of restoration to greatest extent possible.
3.14 CLEANING AND ADJUSTMENT
A. Cleanup: Remove excess materials not required for backfilling purposes, including excess spoil material,
accumulated debris, and rubbish from site. Burning of waste material is prohibited.
3.15 RESTORATION
A. Adjacent Improvements: Restore all fences, irrigation ditches, yards, lawns, and other structures or
surfaces to condition equal to or better than before work began.
3.16 DISPOSAL OF SURPLUS AND WASTE MATERIALS
A. Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and
debris, and legally dispose of it off Owner's property.
END OF SECTION 31 2333
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SECTION 31 2500
TEMPORARY EROSION AND SEDIMENTATION CONTROL
PART 1 - TEMPORARY EROSION AND SEDIMENT CONTROL GENERAL
1.1 RELATED WORK
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and
Division 1 Specification Sections, apply [if provided,] to this Section.
B. Additional information concerning temporary erosion and sedimentation control may be found on the civil
drawings and City of Aspen construction standards. In case of conflict between the drawings, jurisdictional
criteria and the information specified herein, the more stringent requirements shall govern.
C. City of Aspen Construction and Excavation Standards for Work in the Public Right-of-Way, January 2014.
D. City of Aspen Engineering Design Standards, January 2019
1.2 SUMMARY
A. Work Included. Furnish, install, maintain, and remove temporary erosion and sedimentation controls as
shown on the drawings or specified herein, or as required to complete the work.
B. Related Sections include the following:
• Division 31 Section "Site Clearing" site stripping, grubbing, stripping and stockpiling topsoil, and
removal of above- and below-grade improvements and utilities.
• Division 33 Section "Subdrainage" for drainage of foundations, walls or landscape areas
• Division 31 Section “Earth Moving” for soil materials, site excavating, filling and grading.
• Division 31 Section “Trenching and Backfilling” for excavating and backfilling of utilities.
C. Permits and Fees: Obtain and pay for all permits and fees required for the work of this section, including
erosion and sediment control and water quality permits required by the authority having jurisdiction and
the Colorado Department of Public Health and Environment, Water Quality Control Division.
D. Erosion Control: The Erosion and Sedimentation Control Drawings included in the Contract Documents is
the minimum requirement to be implemented. Provide additional control as necessary to meet applicable
local, State and Federal criteria, as applicable per the City of Aspen standards and] requirements.
1.3 DEFINITIONS
A. Backfill: Soil material used to fill an excavation.
• Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support
sides of pipe.
• Final Backfill: Backfill placed over initial backfill to fill a trench.
B. Unclassified Excavation: Removal of all material of whatever character required for the work encountered
above subgrade elevations and to lines and dimensions indicated, including boulders.
C. Fill: Fill is all material placed to raise the grade of the site or to backfill excavation, upon which the Soils
Engineer has made sufficient tests and observations to enable him to issue a written statement that, in his
opinion, the fill has been placed and compacted in accordance with the requirements of these specifications.
D. BMP: Best Management Practice. Erosion and sediment control devices, which may consist of silt fence,
crates, filter fabric, riprap, etc.
E. SWMP: Storm Water Management Plan. Identifies BMPs, which are erosion and sediment control
measures for the project.
F. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical
appurtenances, or other man-made stationary features constructed above or below the ground surface.
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G. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill
immediately below subbase, drainage fill, or topsoil materials.
H. Utilities: Include on-site underground pipes, conduits, ducts, and cables, as well as underground services
to buildings.
1.4 SUBMITTALS
A. Submittal Procedures: All submittals are to be made to the Owner’s Representative. If provided refer to
Division 1 section “Submittal Procedures.”
B. Product Data: Submit manufacturer’s published descriptive literature and complete specifications for
manufactured products specified herein and utilized on the project.
• Geotextiles.
• Erosion Control Fabric.
C. Storm Water Management Plan:
1. The project manager provide a Storm Water Management Plan (SWMP) and report addressing
erosion and sediment control measures for all sites with over one acre of disturbed ground. The
Engineer may also assist in preparation of the General Permit application.
2. The Contractor is responsible for obtaining all required permits including a General Permit
application for Storm Water Discharges associated with construction activities at least ten (10) days
prior to start of construction. Permits are to be filed with the Colorado Department of Public Health
and Environment, Water Quality Control Division.
3. Contractor shall have the Storm Water Management Plan (SWMP) and report available on -site at
all times.
4. The Storm Water Management Plan should be reviewed and modified as part of the overall process
of assessing and managing storm water quality issues at the site. Erosion and sediment control
measures outlined in the report are intended as the minimum requirement for the construction of
this project as anticipated at the time of design. Additional measures are to be implemented [and
updated in the SWMP per authority having jurisdiction], as necessary and as required by [authority
having jurisdiction], [owner], and [engineer] requirements, by the Contractor to control erosion and
the release of sediment into the surrounding streets, storm sewer, or existing drainage facilities.
1.5 QUALITY ASSURANCE:
A. Regulatory Requirements: Comply with applicable local, State and Federal ordinances, rules and
regulations concerning sedimentation control and storm water runoff.
B. In case of conflict between the above codes, regulations, references and standards and these specifications,
the more stringent requirements shall govern.
C. Preconstruction Conference: Conduct conference at Project site as directed by Owner’s Representative
prior to start of construction. Contractor to comply with requirements, which may also be included in
Division 1 Section "Project Management and Coordination."
1.6 PROJECT/SITE CONDITIONS
A. Existing Conditions: Verify all existing conditions affecting the work of this section prior to submitting
bids or proposals. Additional compensation will not be allowed for revisions or modification of work
resulting from failure to verify existing conditions.
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1.7 WARRANTY
A. Temporary Erosion and Sediment Control measures shall be maintained until permanent measures are in
place. All damaged, disturbed or devices filled with sediment, which may occur within the specified
project warranty period, shall be corrected at no cost to the Owner. Any devices damaged by erosion or
sediment shall be restored to their original condition by the Contractor, at no cost to the Owner.
PART 2 - TEMPORARY EROSION AND SEDIMENT CONTROL PRODUCTS
2.1 MATERIALS
A. Erosion and Sedimentation Control Materials: Provide one or more of the following materials, as shown
on the plans or as applicable for site conditions:
1. Sandbags.
2. Silt fences.
3. Rock riprap.
4. Temporary seeding.
5. Biodegradable wood excelsior, straw, or coconut-fiber mat enclosed in a photodegradable plastic
mesh.
6. Biodegradable twisted jute or spun-coir mesh, 0.92 lb/sy minimum, with 50 to 65 percent open area.
7. Drainage geotextile.
8. Impervious fill.
9. Other materials proposed for use on-site.
PART 3 - TEMPORARY EROSION AND SEDIMENT CONTROL EXECUTION
3.1 PREPARATION
A. General:
1. Determine the existing ground elevations, drainage patterns, and changes to such patterns during
excavation in order to satisfactorily plan and provide materials for adequate erosion and sediment
control devices.
3.2 TEMPORARY EROSION AND SEDIMENTATION CONTROL
A. Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of
soil-bearing water runoff or airborne dust to adjacent properties and rights -of-way according to
requirements of authorities having jurisdiction.
B. Inspect, repair, and maintain erosion and sedimentation control measures during construction until
permanent vegetation has been established.
C. Remove erosion and sedimentation controls, and restore and stabilize areas disturbed during removal.
D. Secure grading permit from agency having jurisdiction prior to commencing grading operations.
3.3 EXAMINATION
A. Verification of Conditions: Examine areas and conditions under which the work of this section will be
performed. Do not proceed with the work until unsatisfactory conditions have been corrected.
Commencement of work implies acceptance of all areas and conditions.
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3.4 INSTALLATION
A. Erosion and Sedimentation Control Devices. Erosion and sedimentation control measures to be taken
during construction include, but are not necessarily limited to the following:
1. Apply soil stabilization within 14 days to all disturbed areas that are to be dormant for a period
longer than 30 calendar days after reaching grade. Stabilize soil with mulch anchored per criteria
of authorities having jurisdiction. Temporarily revegeta te areas that will remain in an interim
condition for more than 90 days.
2. Roads and parking areas indicated to be paved may be covered with an appropriate aggregate base
course in lieu of mulch. Temporary mulching or aggregate base course is not required if final
pavement construction will take place within 30 days after gradin g to final contours.
3. Soils that will be stockpiled for more than 30 days must be mulched and seeded within 14 days after
stockpile construction.
4. Prevent sediment from leaving the project site by installing a silt fence or other BMPs as indicated
on the plans. Protect existing storm inlets adjacent to the site by an approved gravel filter.
5. Excavate the future detention/water quality pond and construct the outlet structure/storm sewer such
that the pond may function as a temporary sediment basin during development of the site. Construct
the sediment basin in accordance with authority having jurisdiction’s criteria. Provide temporary
swales to convey site runoff to the pond.
6. Locate stone stabilization pads at all points of vehicular ingress and egress to the construction site.
7. Provide temporary erosion controls consisting of berms at the top of slopes and interceptor ditches
at ends of berms and at those locations which will eliminate or minimize erosion during construction,
along with temporary seeding, temporary diversion, chu tes, and down pipes and lining of water
courses.
8. Temporary sedimentation controls shall consist of silt dams, traps, silt fence, barriers, and
appurtenances at the top of spoil and borrow area slopes and where runoff water exits the site.
9. Maintain the available silt holding capacity of silt dams, fence traps and barriers until no longer
needed. The sediment capacity of sediment retainage areas shall be at a minimum, the capacity
shown on the plans in conformance with Urban Drainage Criteria Manual, Volume 3. Prior to
removal, obtain concurrence of the Owner and Engineer.
10. Remove accumulated sediment and debris from a BMP when the sediment level reaches one -half
the height of the BMP, or at any time the sediment or debris adversely impacts the functioning of
the BMP.
11. The erosion/sediment control plan shows the minimum required for the project. If it becomes
apparent that additional controls are necessary, the Engineer shall be notified and with approval of
the Owner’s Representative additional controls shall be installed.
B. Chemicals and Pollutants:
1. Store construction materials and chemicals that could contribute pollutants to the runoff within an
enclosure, container, or dike located around the perimeter of the storage area, to prevent discharge
of these materials into runoff from the construction site.
2. Locate areas used for collection and temporary storage of solid and liquid waste away from the
storm drainage system. Provide covering or fencing as required to prevent windblown materials;
construct perimeter dike to contain liquid runoff. These measures may not be necessary if materials
are immediately placed in covered waste containers.
3. Perform equipment maintenance in designated areas using measures such as drip pans to control
petroleum products spillage.
4. Immediately clean up and properly dispose of spills of construction related materials such as paints,
solvents, or other chemicals.
C. Final Stabilization and Long-Term Management:
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1. Final stabilization shall be achieved through permanent vegetation and landscaping after
construction of all buildings and paved surfaces.
2. With approval of City of Aspen Engineering Department representative, temporary erosion and
sediment control measures may be removed within 30 days after final site stabilization is achieved
or after temporary measures are no longer needed.
D. Inspection and Maintenance: Inspect erosion and sediment control measures weekly during construction.
In addition, inspect all facilities immediately after any significant runoff or snowmelt which results in
runoff. Repair or otherwise mitigate any damage to the erosion and sediment control facilities at no
additional cost to the Owner.
3.5 CLEANING
A. Removal of Controls: Remove controls upon completion of that portion of the work for which controls
were furnished. Leave the site and work area in a clean condition.
END OF SECTION 31 2500
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SECTION 32 1216
ASPHALT PAVING
PART 1 - ASPHALT PAVING GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and
Division 1 Specification Sections, apply to this Section.
B. Additional information concerning asphalt paving may be found on the civil drawings, in the project
geotechnical report, City of Aspen Engineering Standards and CDOT Standard Specifications- 2025
Edition construction standards. In case of conflict between the drawings, jurisdictional criteria and the
information specified herein, the more stringent requirements shall govern.
1.2 SUMMARY
A. This Section includes the following:
• Hot-mix asphalt paving.
• Hot-mix asphalt patching.
• Hot-mix asphalt paving overlay.
• Asphalt surface treatments.
• Cold milling of existing hot-mix asphalt pavement.
B. References:
• Colorado Department of Transportation's Division of Highways (DOH) Standard Specifications for
Road and Bridge Construction (SSR & BC), 20 25 Edition, or as modified in these specifications.
• City of Aspen Engineering Design Standards, January 2019.
• Exhibit F- Minimum Street Sections within the City of Aspen Engineering Design Standards,
January 2019.
• City of Aspen Electrical Standards, March 2021
1.3 DEFINITIONS
A. Hot-Mix Asphalt Paving Terminology: Refer to ASTM D 8 for definitions of terms.
B. CDOT: State of Colorado Department of Transportation.
C. CDOT Specifications: Colorado Department of Transportation Standard Specifications for Road and
Bridge Construction, current edition and all appropriate standard special provisions.
1.4 SYSTEM DESCRIPTION
A. Provide hot-mix asphalt paving in accordance with Section 401 of the CDOT Specifications.
• Standard Specification: CDOT Specifications.
1.5 SUBMITTALS
A. Product Data: For each type of product indicated, include technical data and tested physical and
performance properties.
B. Job-Mix Designs: For each job mix proposed for the Work.
C. Material Test Reports: For each paving material.
D. Material Certificates: For each paving material, signed by providers.
1.6 QUALITY ASSURANCE
A. Manufacturer and Installer Qualifications:
1. Manufacturer Qualifications: Engage a firm experienced in manufacturing hot -mix asphalt similar
to that indicated for this Project and with a record of successful in -service performance.
2. Installer Qualifications: Engage an experienced installer who has completed hot-mix asphalt paving
similar in material, design, and extent to that indicated for this Project and with a record of successful
in-service performance.
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B. Testing Agency:
1. All testing and inspections required herein will be performed by an independent testing and
inspection agency employed by the owner.
2. Notify the testing and inspection agency not less than 48 hours in advance of all work requiring
testing or inspection services.
C. Testing Requirements: Asphalt Paving shall be tested for gradation, asphalt content and in -place density in
accordance with CDOT Specifications, the current edition of CDOT Field Materials Manual, and local
Regulatory Agency requirements, whichever are the most stringent.
D. Preconstruction Conference: Conduct conference at Project site as directed by the City of Aspen Project
Manager.
1.7 PROJECT CONDITIONS
A. Environmental Limitations: Do not apply asphalt materials if subgrade is wet or excessively damp or if the
following conditions are not met:
• See CDOT 2025 Standard Specifications Table 401-3- Placement Temperature Limitations in °F.
Table 401-3
Placement Temperature Limitations in °F.
B. Coordination and Scheduling:
1. Cooperate with other trades and arrange scheduling to avoid damage to other work, including
grading, site utilities and piping, exterior concrete, landscaping and irrigation systems.
2. Before commencing pavement operations, ascertain that utility lines, site lighting and wiring,
piping, curb and gutter work, general grading and heavy trucking is complete so that such operations
will not damage paving work.
3. Mask off and protect exposed building surfaces and abutting concrete from damage or staining by
tack coat and paving operations.
PART 2 - ASPHALT PAVING PRODUCTS
2.1 AGGREGATES
A. General: Use materials and gradations that have performed satisfactorily in previous installations meeting
the requirements of the CDOT Specifications.
B. Asphalt Concrete Aggregate: Clean, hard, durable particles of crushed stone, crushed slag, crushed gravel,
or natural gravel conforming to the requirements of Subsection 703.04 of the CDOT Specifications and
Grading SX and S (Table 703-4). Contractor is to use Grading SX within the City of Aspen unless otherwise
noted.
C. Mineral Filler: Rock dust, slag dust, hydrated lime, hydraulic cement, or other suitable mineral material
conforming to the requirements of Subsection 703.06 of the CDOT Specifications.
Compacted Layer
Thickness in inches
Minimum Surface and Air Temperature ºF
Top Layer Layers Below
Top Layer
< 1½ 60 50
1½ - < 3 50 40
3 or more 45 35
Note: Air temperature is taken in the shade. Surface is defined as the existing
base on which the new pavement is to be placed.
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2.2 ASPHALT MATERIALS
A. Asphalt Cement: The asphalt cement to be used on this project shall be PG 58 -28 conforming to the
requirements of Subsection 702.01 of the CDOT Specifications.
B. Tack Coat: AASHTO M 140, emulsified asphalt or AASHTO M 208, cationic emulsified asphalt, slow
setting, diluted in water, of suitable grade and consistency for application.
C. Fog Seal: AASHTO M 140, emulsified asphalt or AASHTO M 208, cationic emulsified asphalt, slow
setting, diluted at the factory in water, of suitable grade and consistency for application.
D. Water: Potable.
2.3 MIXES
A. Hot-Mix Asphalt: Dense, hot-laid, hot-mix asphalt plant mixes. Furnish job-mix formulas for each
pavement type, conforming to the requirements of Subsection 401.02 of the CDOT Specifications. Mix
aggregates and bituminous materials in accordance with the requirements of Subsection 401.15 of the
CDOT Specifications. Use approved job mix formulas. Mix to comply with the following requirements:
• Provide mixes with a history of satisfactory performance in geographical area where Project is
located.
• Base Course: Grading SX unless otherwise noted on the civil construction documents. Refer to
Exhibit F in the City of Aspen Engineering Standards.
• Surface Course Grading SX.
B. Emulsified-Asphalt: Shall conform to AASHTO M140 or M208 in accordance with Subsection 702.03 of
the CDOT Specifications.
PART 3 - ASPHALT PAVING EXECUTION
3.1 EXAMINATION
A. Verify that subgrade is unfrozen, free of water, snow, and ice otherwise in suitable condition to support
paving and imposed loads.
B. Proof-roll subbase using heavy, pneumatic-tired rollers to locate areas that are unstable or that require
further compaction. Scarify, regrade and recompact surface of subgrade that is pumping or deforming as
required to provide true levels, uniform slope s and proper total thickness of paving as required in Division
31 Section “Earth Moving.”
C. Proceed with paving only after unsatisfactory conditions have been corrected.
3.2 COLD MILLING
A. Clean existing pavement surface of loose and deleterious material immediately before cold milling.
Remove existing asphalt pavement by cold milling to grades and cross sections indicated.
• Mill to a depth of a minimum 1 ½-inches or as indicated on the plans.
• Mill to a uniform finished surface free of gouges, grooves, and ridges.
• Control rate of milling to prevent tearing of existing asphalt course.
• Repair or replace curbs, manholes, and other construction damaged during cold milling.
• Excavate and trim unbound-aggregate base course, if encountered, and keep material separate from
milled hot-mix asphalt.
• Transport milled hot-mix asphalt to asphalt recycling facility.
• Keep milled pavement surface free of loose material and dust.
3.3 PATCHING
A. Hot-Mix Asphalt Pavement: Saw cut perimeter of patch and excavate existing pavement section to sound
base. Excavate rectangular or trapezoidal patches, extending 12 inches (300 mm) into adjacent sound
pavement, unless otherwise indicated. Cut excavation faces vertically. Remove excavated material.
Recompact existing unbound-aggregate base course to form new subgrade.
B. Tack Coat: Apply uniformly to vertical surfaces abutting or projecting into new, hot -mix asphalt paving at
a rate of 0.05 to 0.2 gal./sq. yd. (0.2 to 0.8 L/sq. m).
• Allow tack coat to cure undisturbed before applying hot -mix asphalt paving.
• Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Remove spillages
and clean affected surfaces.
C. Patching: Partially fill excavated pavements with hot-mix asphalt base mix and, while still hot, compact.
Cover asphalt base course with compacted, hot-mix surface layer finished flush with adjacent surfaces.
3.4 REPAIRS
A. Leveling Course Install and compact leveling course consisting of hot -mix asphalt surface course to level
sags and fill depressions deeper than 1 inch (25 mm) in existing pavements.
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B. Crack and Joint Filling: Remove existing joint filler material from cracks or joints to a depth of 1/4 inch (6
mm).
• Clean cracks and joints in existing hot-mix asphalt pavement.
• Use emulsified-asphalt slurry to seal cracks and joints less than ¼ inch (6 mm) wide. Fill flush with
surface of existing pavement and remove excess.
• Use hot-applied joint sealant to seal cracks and joints more than ¼ inch (6 mm) wide. Fill flush
with surface of existing pavement and remove excess.
C. Hot-applied joint sealant being a single-component formulation complying with ASTM D 3405 or D1190.
• Refer to CDOT Standard Specification, Section 702.06 for joint and crack sealant material
requirements.
• Refer to CDOT Standard Specification, Section 408.01 and 408.03 for joint and crack sealant
installation requirements.
3.5 SURFACE PREPARATION
A. General: Immediately before placing asphalt materials, remove loose and deleterious material from
substrate surfaces. Ensure that prepared subgrade is ready to receive paving.
• Sweep loose granular particles from surface of unbound-aggregate base course. Do not dislodge or
disturb aggregate embedded in compacted surface of base course.
B. Herbicide Treatment: Apply herbicide according to manufacturer's recommended rates and written
application instructions. Apply to dry, prepared subgrade or surface of compacted -aggregate base before
applying paving materials.
C. Tack Coat: Apply uniformly to surfaces of existing pavement at a rate of 0.05 to 0.20 gal./sq. yd. (0.2 to
0.8 L/sq. m).
• Allow tack coat to cure undisturbed before applying hot -mix asphalt paving.
• Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Remove spillages
and clean affected surfaces.
3.6 HOT-MIX ASPHALT PLACING
A. Machine place hot-mix asphalt on prepared surface, spread uniformly, and strike off. Place asphalt mix by
hand to areas inaccessible to equipment in a manner that prevents segregation of mix. Place each course
to required grade, cross section, and thickness when compacted.
• Place hot-mix asphalt base course in number of lifts and thicknesses indicated on the plans or as
directed by Geotechnical Report. Maximum lift thickness shall be 3-inches. Minimum lift thickness
shall be 1½-inches for Grading SX and 2-inches for Grading S.
• Place hot-mix asphalt surface course in single lift. Maximum lift thickness shall be 2 -inches.
• Spread mix at minimum temperature of 235 deg F (113 deg C) per in accordance with Subsection
401.15 of the CDOT Specifications, Table 401-5.
• Begin applying mix along centerline of crown for crowned sections and on high side of one -way
slopes, unless otherwise indicated.
• Regulate paver machine speed to obtain smooth, continuous surface free of pulls and tears in
asphalt-paving mat.
B. Place paving in consecutive strips not less than 10 feet (3 m) wide unless infill edge strips of a lesser width
are required.
• After first strip has been placed and rolled, place succeeding strips and extend rolling to overlap
previous strips. Complete a section of asphalt base course before placing asphalt surface course.
C. Promptly correct surface irregularities in paving course behind paver. Use suitable hand tools to remove
excess material forming high spots. Fill depressions with hot-mix asphalt to prevent segregation of mix;
use suitable hand tools to smooth surface.
3.7 JOINTS
A. Construct joints to ensure a continuous bond between adjoining paving sections. Construct joints free of
depressions with same texture and smoothness as other sections of hot-mix asphalt course.
• Clean contact surfaces and apply tack coat to joints.
• Offset longitudinal joints, in successive courses, a minimum of 6 inches (150mm).
• Offset transverse joints, in successive courses, 6 to 12 inches (150-300 mm).
• Construct transverse joints as described in AI MS-22, "Construction of Hot Mix Asphalt
Pavements."
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• Compact joints as soon as hot-mix asphalt will bear roller weight without excessive displacement.
• Compact asphalt at joints to a density within 2 percent of specified course density.
3.8 COMPACTION
A. General: Begin compaction as soon as placed hot-mix paving will bear roller weight without excessive
displacement. Compact hot-mix paving with hot, hand tampers or vibratory -plate compactors in areas
inaccessible to rollers.
• When paving surface temperature falls below 185 deg F (85 deg C) no further compaction effort
will be permitted unless approved.
B. Breakdown Rolling: Complete breakdown or initial rolling immediately after rolling joints and outside
edge. Examine surface immediately after breakdown rolling for indicated crown, grade, and smoothness.
Correct laydown and rolling operations to comply w ith requirements.
C. Intermediate Rolling: Begin intermediate rolling immediately after breakdown rolling while hot -mix
asphalt is still hot enough to achieve specified density. Continue rolling until hot -mix asphalt course has
been uniformly compacted to the following density in accordance with Subsection 401.17 of the CDOT
Specifications.
• Pavement shall be compacted to a density of 92% to 96% of the maximum theoretical density,
determined according to Colorado procedure 51. Field density determination will be in accordance
with Colorado Procedure 44 or 81.
D. Finish Rolling: Finish roll paved surfaces to remove roller marks while hot -mix asphalt is still warm.
E. Edge Shaping: While surface is being compacted and finished, trim edges of pavement to proper alignment.
Bevel edges while asphalt is still hot; compact thoroughly.
F. Repairs: Remove paved areas that are defective or contaminated with foreign materials and replace with
fresh, hot-mix asphalt. Compact by rolling to specified density and surface smoothness.
G. Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened.
H. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked.
3.9 INSTALLATION TOLERANCES
A. Thickness: Compact each course to produce the thickness indicated within the following tolerances:
• Base Course: Plus or minus ¼ inch (6 mm).
• Surface Course: Plus ¼ inch (6 mm), no minus.
B. Surface Smoothness: Compact each course to produce a surface smoothness within the following tolerances
as determined by using a 10-foot (3-m) straightedge applied transversely or longitudinally to paved areas:
• Base Course: ¼-inch (6 mm).
• Surface Course: 3/16-inch (5 mm).
• Crowned Surfaces: Test with crowned template centered and at right angle to crown. Maximum
allowable variance from template is ¼-inch (6 mm).
3.10 MANHOLE FRAME ADJUSTMENTS
A. Set frames for manholes and other such units within areas to be paved to ¼-inch minimum to ½-inch
maximum below final grade as part of this work. Include existing frames or new frames furnished under
other sections of these specifications.
B. Set cover frames to ¼-inch minimum and ½-inch maximum below surface of adjacent pavement. Surround
frames set to grade with a ring of compacted asphaltic concrete base prior to paving. Place asphaltic
concrete mixture up to 1-inch below top of frame, slope to grade, and compact with hand tamping. Adjust
frames as required for paving.
C. Provide temporary closures over openings until completion of rolling operations. Remove closures at
completion of work.
3.11 SURFACE TREATMENTS
A. Fog Seals: Apply fog seal at a rate of 0.10 to 0.15 gal./sq. yd. (0.45 to 0.7 L/sq. m) to existing asphalt
pavement and allow to cure. With fine sand, lightly dust areas receiving excess fog seal.
B. Slurry Seals: Apply slurry coat in a uniform thickness according to ASTM D 3910 and allow to cure.
• Roll slurry seal to remove ridges and provide a uniform, smooth surface.
3.12 FIELD QUALITY CONTROL
A. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform field
tests and inspections and to prepare test reports.
• Testing agency will conduct and interpret tests and state in each report whether tested work complies
with or deviates from specified requirements.
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B. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of
replaced or additional work with specified requirements.
C. Thickness: In-place compacted thickness of hot-mix asphalt courses will be determined according to ASTM
D 3549.
D. Surface Smoothness: Finished surface of each hot-mix asphalt course will be tested for compliance with
smoothness tolerances.
E. In-Place Density: Testing agency will take samples of uncompacted paving mixtures and compacted
pavement according to ASTM D 979.
• Reference maximum theoretical density will be determined by averaging results from four samples
of hot-mix asphalt-paving mixture delivered daily to site, prepared according to ASTM D 2041, and
compacted according to job-mix specifications.
• In-place density of compacted pavement will be determined by testing core samples according to
ASTM D 1188 or ASTM D 2726.
a. One core sample will be taken for every 350 sq. yd. or less of installed pavement, with no
fewer than 3 cores taken.
b. Field density of in-place compacted pavement may also be determined by nuclear method
according to ASTM D 2950 and correlated with ASTM D 1188 or ASTM D 2726.
F. Asphalt Content and Gradation. Testing agency will take sample of uncompacted paving mixtures at a
minimum frequency of every 1,000 tons according to Colorado Procedure – Laboratory CPL-5120 and
Colorado Procedure CP-31.
G. Remove and replace or install additional hot-mix asphalt where test results or measurements indicate that
it does not comply with specified requirements. Conforming to the specified requirements will be in
according with Subsection 105.03 of the CDOT Spec ifications.
3.13 DISPOSAL
A. Except for material indicated to be recycled, remove excavated materials from project site and legally
dispose of them in an EPA-approved landfill.
• Do not allow excavated materials to accumulate on-site.
END OF SECTION 32 1216
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SECTION 32 1313
CONCRETE PAVING
PART 1 - CONCRETE PAVING GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and
Division 1 Specification Sections, apply to this Section.
B. All work shall conform pertaining to concrete shall conform to Section 601 of the CDOT Standard
Specification unless revised in this document.
1.2 SUMMARY
A. This Section includes constructing exterior concrete paving on prepared subgrade or base course in
accordance with these specifications. This work shall be in conformity with the lines, grades, thicknesses
and typical cross-sections shown on the plans for the following:
1. Driveways and roadways.
2. Parking lots.
3. Curbs and gutters.
4. Sidewalks, steps, ramps.
5. Base material for unit paver.
6. Dumpster and loading dock pads.
7. As detailed on the plans.
B. Related Sections include the following:
1. Divisions 31 Section "Earth Moving" for subgrade preparation, grading, and subbase course.
2. Division 32 Section “Pavement Marking” for pavement striping and symbols.
3. Division 32 Section “Concrete Pavement Joint Sealants” for expansion and contraction joints.
1.3 REFERENCES
A. Colorado Department of Transportation's Division of Highways (DOH) Standard Specifications for Road
and Bridge Construction (SSR & BC), 2025 Edition, or as modified in these specifications.
B. City of Aspen Engineering Design Standards, January 2019
C. City of Aspen Electrical Standards March 2021
1.4 DEFINITIONS
A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic
cement, expansive hydraulic cement, fly ash and other pozzolans, ground granulated blast -furnace slag,
and silica fume.
B. CDOT: State of Colorado Department of Transportation.
C. CDOT Specifications: Colorado Department of Transportation Standard Specifications for Road and
Bridge Construction, current edition.
D. ADA Handbook: Americans with Disabilities Act Standards for Accessible Design, U.S. Department of
Justice.
E. ANSI A117.1: Standard for Accessible and Usable Buildings and Facilities, American National Standard
Institute.
F. Refer to ACI 301: (American Concrete Institute – Standard Specifications for Structural Concrete), for
additional definitions.
1.5 SUBMITTALS
A. Product Data: For each type of manufactured material and product indicated. Identify the location of
aggregate source.
B. Design Mixes: Meet the requirements of Section 601.06. Batch quantities for one cubic yard of concrete
include:
• Weight of fine aggregate in a saturated surface dry condition.
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• Weight of coarse aggregate in a saturated surface dry condition.
• Weight or number of 94-pound bags of cement.
• Weight or gallons of water.
• Amount and description (including manufacturer, specific product name, and number) of all
admixtures.
C. Material Test Reports: From a qualified testing agency indicating and interpreting test results for
compliance of the following with requirements indicated, based on comprehensive testing of current
materials:
1. Aggregates.
2. Cement.
3. Admixtures.
4. Water-Cement Ratio.
5. Percent of entrained air.
6. Compressive strengths.
D. Material Certificates: Signed by manufacturers certifying that each of the following materials used in the
project complies with requirements:
1. Cementitious materials and aggregates.
2. Steel reinforcement and reinforcement accessories.
3. Fiber reinforcement if required. All work in the CDOT ROW requires fiber.
4. Admixtures.
5. Curing compounds.
6. Applied finish materials.
7. Bonding agent or adhesive.
8. Joint fillers.
E. Field quality-control test reports.
F. Pavement Joint Layout Plan: Plan to show joint locations and typical dimensions for review and approval
by engineer or project manager representative from the City of Aspen.
G. Traffic Control Plan: To be provided by the contractor prior to beginning the project to complete a required
Right of Permit issued by the City of Aspen Engineering Department.
H. Hot Weather Concreting Plan prepared in conformance with ACI 305R -10- Guide to Hot Weather
Concreting and ACI 305.1-14(20) Specification for Hot Weather Concreting.
I. Cold Weather Concreting Plan prepared in conformance with ACI 306-16- Guide to Cold Weather
Concreting and ACI 306.1-90: Standard Specification for Cold Weather Concreting (Reapproved 2002)
1.6 QUALITY ASSURANCE
A. Installer Qualifications: An experienced installer who has completed pavement work similar in material,
design, and extent to that indicated for this Project and whose work has resulted in construction with a
record of successful in-service performance.
B. Manufacturer Qualifications: Manufacturer of ready -mixed concrete products complying with ASTM C
94/C 94 M requirements for production facilities and equipment.
1. Manufacturer must be certified according to the National Ready Mix Concrete Association's
(NRMCA) Plant Certification Program.
C. Testing Agency Qualifications: An independent agency qualified according to ASTM C1077 and ASTM
E 329 for testing indicated, as documented according to ASTM E 548.
1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade
1, according to ACI CP-01 or an equivalent certification program.
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D. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same
manufacturer's plant and each aggregate from one source.
E. ACI Publications: Comply with ACI 301, "Specification for Structural Concrete," unless modified by the
requirements of the Contract Documents.
F. Concrete Testing Service: The owner will contract a qualified independent testing agency to perform
material evaluation tests and to design concrete mixtures. It is the contractor’s responsibility to schedule
and ensure testing is done properly per standards.
G. Preconstruction Conference: Conduct conference at project site as directed by City of Aspen project
manager or representative prior to start of construction. Contractor to comply with requirements, which
may also be included in Division 1 Section “Project Management and Coordination.”
H. Regulatory Requirements:
I. Comply with City of Aspen standards for sidewalks, curbs, ramps, gutters, and driveway approaches or
aprons, including standard dimensions, profiles, thicknesses, reinforcing, and compressive strength. The
City of Aspen follows the guidelines and standards of the Colorado Departmen t of Transportation Standard
Specifications for Road and Bridge Construction. In the event of conflict between the Contract Documents,
CDOT or City standards, the City of Aspen City Engineer will resolve and determine correct spec ification.
1.7 PROJECT CONDITIONS
A. Coordination and Scheduling: Coordinate with other trades and arrange scheduling to avoid damage to
other work including grading, site utilities and piping, asphalt paving, landscaping and irrigation systems.
B. Field Measurements: Verify dimensions and existing conditions shown on the drawings by taking field
measurements prior to start of work. Report discrepancies to the Owner’s Representative for clarification
and make minor adjustments in layout as required by field conditions and as approved by the Owner’s
Representative, at no additional cost to the Owner.
C. Prior to placing concrete for ADA required locations, contractor is to contact the City of Aspen project
manager or ROW manager to inspect and verify slopes.
D. Environmental Requirements: Perform work only under suitable weather conditions. Comply with CDOT
section 601 for all placement conditions.
PART 2 - CONCRETE PAVING PRODUCTS
2.1 MANUFACTURERS
A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product
selection:
• Available Products: Subject to compliance with requirements, products that may be incorporated
into the Work include, but are not limited to, products specified.
• Products: Subject to compliance with requirements, provide one of the products specified.
• Available Manufacturers: Subject to compliance with requirements, manufacturers offering
products that may be incorporated into the Work include but are not limited to, manufacturers
specified.
• Manufacturers: Subject to compliance with requirements, provide products by one of the
manufacturers specified.
2.2 FORMS
A. Form Materials: Plywood, metal, metal-framed plywood, or other approved panel-type materials to provide
full-depth, continuous, straight, smooth exposed surfaces.
• Use flexible or curved forms for curves of a radius 100 feet or less.
B. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or
adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces.
2.3 STEEL REINFORCEMENT
A. Plain-Steel Welded Wire Fabric: CDOT Section 709 and ASTM A 185, fabricated from as-drawn steel
wire into flat sheets.
B. Reinforcement Bars: CDOT Section 709 and ASTM A 615/A 615M, Grade 60, deformed. Cut bars true to
length with ends square and free of burrs.
C. Joint Dowel Bars: Plain steel bars, CDOT Section 709 and ASTM A 615/A 615M, Grade 60. Cut bars true
to length with ends square and free of burrs.
D. Tie Bars: CDOT Section 709 and ASTM A 615/A 615M, Grade 60, deformed.
E. Supports for Reinforcement: Chairs, spacers, and other devices for spacing, supporting, and fastening
reinforcement bars, welded wire fabric, and dowels in place. Manufacture bar supports according to
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CRSI's "Manual of Standard Practice 29th Edition" from steel wire, plastic, or precast concrete or fiber-
reinforced concrete of greater compressive strength than concrete, and as follows:
1. Equip wire bar supports with sand plates or horizontal runners where base material will not support
chair legs.
2.4 COLORED ADMIXTURE
Colored Admixture: L.M. Scofield Co. “Chromix” or Rockwood Industries “Davis Colors”, color as
selected by City of Aspen Engineering representative. Use for colored concrete where indicated on the
drawings or for any trail within the City of Aspen.
2.5 EXPANSION JOINT FILLER
A. Sealed Joints: Preformed, compressible fiber or cork filler material complying with ASTM D1751 or
D1752, Type II, guaranteed compatible with expansion joint sealant materials, ½-inches thick unless
otherwise indicated. Provide high-impact polystyrene removable “void cap” to create ½-inches deep
reveal for installation of sealant.
B. Self-Sealing Joints: Preformed, compressible asphalt fiber joint filler complying with ASTM D994, ½-
inches thick unless otherwise indicated. Do not use asphalt fiber filler in joints to receive elastomeric joint
sealants.
2.6 CONCRETE MATERIALS
A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source
throughout the Project:
1. Portland Cement: CDOT Section 701 and ASTM C 150, Type I/II unless otherwise noted in the
design documents.
a. Fly Ash: ASTM C 618, Class C
b. Ground Granulated Blast-Furnace Slag: ASTM C 989, Grade 100 or 120.
B. Normal-Weight Aggregates: CDOT Section 703 and ASTM C 33, coarse aggregate, uniformly graded.
Provide aggregates from a single source.
• Maximum Coarse-Aggregate Size: 3/4 inch (19 mm) nominal.
• Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement.
• Do not use fine or coarse aggregates containing substances that cause spalling.
C. Water: CDOT Section 712 and ASTM C 94/C 94M potable.
2.7 ADMIXTURES
A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent water -soluble chloride
ions by mass of cement and to be compatible with other admixtures.
B. Air-Entraining Admixture: CDOT Section 711 and ASTM C 260.
C. Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with other
admixtures and to contain not more than 0.1 percent water-soluble chloride ions by mass of cementitious
material.
• Water-Reducing Admixture: ASTM C 494/C 494M, Type A.
• Retarding Admixture: ASTM C 494/C 494M, Type B.
• Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D.
• Water-Reducing and Accelerating Admixture: ASTM C494, Type C.
• High-Range, Water-Reducing Admixture: ASTM C 494/C 494M, Type F.
• High-Range, Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type G.
• Plasticizing and Retarding Admixture: ASTM C 1017/C 1017M, Type II.
2.8 FIBER REINFORCEMENT
A. Synthetic Fiber: Monofilament polypropylene fibers engineered and designed for use in concrete pavement,
complying with ASTM C 1116, Type III, 1/2 to 1-1/2 inches (13 to 38 mm)long.
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B. 1.5 pounds per cubic yard of polyolefin fiber reinforcement shall be evenly distributed unless otherwise
specified.
C. All work within the CDOT ROW will meet the requirements of CDOT specification 601.03 for Macro
Fiber-Reinforced Concrete. 3.5 pounds per cubic yard of polyolefin fiber reinforcement shall be evenly
distributed.
2.9 CURING MATERIALS: CDOT SECTION 711
A. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing
approximately 9 oz./sq.yd. (305 g/sq.m) dry.
B. Moisture-Retaining Cover: ASTM C 171, waterproof paper, polyethylene film or white burlap -
polyethylene sheet.
C. Water: Potable.
D. Evaporation Retarder/Finishing Aid: Waterborne, monomolecular film forming; manufactured for
application to fresh concrete. The product shall conform to ACI 302.1R-15- Guide to Concrete Floor and
Slab Construction.
E. Clear Waterborne Membrane-Forming Curing Compound: ASTM C 309, Type I, Class A
1. Provide material that has a maximum volatile organic compound (VOC) rating of 350 g/L.
F. White Waterborne Membrane-Forming Curing Compound: ASTM C 309, Type II, Class A.
1. Provide material that has a maximum volatile organic compound (VOC) rating of 350 g/L.
G. Slip-Resistive Aggregate Finish: Factory-graded, packaged, rustproof, nonglazing, abrasive aggregate of
fused aluminum-oxide granules or crushed emery with emery aggregate containing not less than 50 percent
aluminum oxide and not less than 20 percent ferric oxide; unaffected by freezing, moisture, and cleaning
materials.
2.10 CONCRETE MIXTURES
A. Prepare design mixes, proportioned according to ACI 211.1 and ACI 301, for each type and strength of
normal-weight concrete determined by either laboratory trial mixes or field experience.
• Use a qualified independent testing agency for preparing and reporting proposed mix designs for
the trial batch method.
B. Proportion mixes to provide concrete with the following properties:
1. Compressive Strength (28 Days): CDOT Class “D” 4,500 psi (30.6 MPa). 80% of this strength must
be gained in the first 7 days.
2. Modulus of Rupture (28 day): Minimum 600 psi
3. Maximum Water-Cementitious Materials Ratio at Point of Placement: 0.45
4. Slump Limit: 4 inches (100 mm) +/- 2 inches.
5. Minimum 564 lb. Cement per cubic yard. (CDOT Class D)
C. Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement
having an air content of 4.5 to 7.2 percent (See ACI 301-16- Specifications for Structural Concrete Table
4.2.2.7(b)1- Exposure Class F2).
D. Limit water-soluble, chloride-ion content in hardened concrete to 0.15 percent by weight of cement.
E. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than portland cement
according to ACI 301 requirements for concrete exposed to deicing chemicals as follows:
• Fly Ash: 20 percent maximum of total cementitious material by mass. 20 - 30 percent Class F or Class
C Fly Ash CDOT Section 601.02, Class D Concrete.
F. Synthetic Fiber: Uniformly disperse in concrete mix at manufacturer's recommended rate, but not less than
1.5 Ib/cu. yd. CDOT right-of-way 3.5 lb/cu. yd.
G. Color Pigment: Add color pigment to concrete mixture according to manufacturer’s written instructions.
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2.11 CONCRETE MIXING
A. Ready-Mixed Concrete: Measure, batch, and mix concrete materials and concrete according to
ASTM C 94/C 94M ASTM C 1116. Furnish batch certificates and batch weights for each batch
discharged and used in the Work.
PART 3 - CONCRETE PAVING EXECUTION
3.1 EXAMINATION
A. Examine exposed subgrades and subbase surfaces for compliance with requirements for dimensional,
grading, and elevation tolerances.
B. Proof-roll prepared subbase surface below concrete pavements with heavy pneumatic-tired equipment to
identify soft pockets and areas of excess yielding.
1. Completely proof-roll subbase in one direction and repeat in perpendicular direction. Limit vehicle
speed to 3 mph (5 km/h). City project manager or representative should be contacted for any work
within the ROW to witness proof-roll.
2. Proof-roll with a loaded 10-wheel tandem-axle dump truck weighing not less than 15 tons.
3. Subbase with soft spots and areas of pumping or rutting exceeding depth of 1/2 inch (13 mm) require
correction according to requirements in Division 2 Section "Earth Moving."
C. Subgrade shall be tested by Geotechnical Engineer and pass required tests prior to concrete pavement
placement. All testing should meet Exhibit B in the City of Aspen Construction and Excavation Standards
for Work in the Public Right-of-Way.
D. Proceed with concrete pavement operations only after non-conforming conditions have been corrected and
subgrade is ready to receive pavement.
3.2 PREPARATION
A. Remove loose material from compacted subbase surface immediately before placing concrete.
3.3 EDGE FORMS AND SCREED CONSTRUCTION
A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides for pavement to required
lines, grades, and elevations. Install forms to allow continuous progress of work and so forms can remain
in place at least 24 hours after concrete placement.
B. Clean forms after each use and coat with form release agent to ensure separation from concrete without
damage.
3.4 STEEL REINFORCEMENT
A. General: Comply with CRSI's "Manual of Standard Practice - 29th Edition" for fabricating reinforcement
and with recommendations in CRSI's "Placing Reinforcing Bars" for placing and supporting
reinforcement.
B. Clean reinforcement of loose rust and mill scale, earth, ice, or other bond -reducing materials.
C. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete
placement. Maintain minimum cover to reinforcement.
D. Install welded wire fabric in lengths as long as practicable. Lap adjoining pieces at least one full mesh, and
lace splices with wire. Offset laps of adjoining widths to prevent continuous laps in either direction.
E. Install fabricated bar mats in lengths as long as practicable. Handle units to keep them flat and free of
distortions. Straighten bends, kinks, and other irregularities, or replace units as required before placement.
Set mats for a minimum 12-inch (300-mm) overlap of adjacent mats.
3.5 JOINTS
A. General: Construct/install construction, isolation, and contraction joints and tool edgings true to line with
faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to centerline,
unless otherwise indicated.
• When joining existing pavement, place transverse joints to align with previously placed joints,
unless otherwise indicated.
• Contractor to provide plan of joint placement for the Engineers approval.
• The distance between joints shall not exceed in feet, twice the pavement thickness in inches. (i.e.:
6-inches PCC pavement to utilize maximum 12-foot joint spacing.)
B. Construction Joints: Set construction joints at side and end terminations of pavement and at locations where
pavement operations are stopped for more than one-half hour, unless pavement terminates at expansion
joints.
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1. Contractor may utilize preformed galvanized steel or plastic keyway -section forms or bulkhead
forms with keys, unless otherwise indicated. Embed keys at least 1-1/2 inches into concrete.
2. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue
reinforcement through sides of pavement strips, unless otherwise indicated.
3. Provide tie bars at sides of pavement strips where indicated.
4. Keyed Joints: Provide preformed keyway-section forms or bulkhead forms with keys, unless
otherwise indicated. Embed keys at least 1-1/2 inches (38 mm) into concrete.
C. Expansion Joints: Form expansion joints of preformed joint -filler strips abutting concrete curbs, catch
basins, manholes, inlets, structures, walks, other fixed objects, and where indicated.
1. Locate expansion joints in pavement where indicated on plans or coordinate with City of Aspen
ROW Manager prior to placement.
2. Extend joint fillers full width and depth of joint.
3. Terminate joint filler no less than 1/2 inch or no more than 1 inch below finished surface for joint
sealant.
4. Furnish joint fillers in one-piece lengths. Where more than one length is required, lace or clip joint-
filler sections together.
5. Protect top edge of joint filler during concrete placement with metal, plastic, or other temporary
preformed cap. Remove protective cap after concrete has been placed on both sides of joint.
D. Contraction Joints: Form weakened -plane contraction joints, sectioning concrete into areas as indicated.
Construct contraction joints for a depth equal to at least one-fourth of the concrete thickness, as follows:
• Grooved Joints: Form contraction joints after initial floating by grooving and finishing each edge of
joint with groover tool to the indicated radius. Repeat grooving of contraction joints after applying
surface finishes. Eliminate groover marks on concr ete surfaces.
• Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or
diamond-rimmed blades. Cut 1/8-inch- wide joints into concrete when cutting action will not tear,
abrade, or otherwise damage surface and before developing rando m contraction cracks.
• Tied Contraction Joints: Install deformed bars and support assemblies at joints where indicated.
3.6 CONCRETE PLACEMENT
A. Inspection: Before placing concrete, inspect and complete formwork installation, reinforcement steel, and
items to be embedded or cast in. Notify other trades to permit installation of their work.
B. Remove snow, ice, or frost from subbase surface and reinforcement before placing concrete. Do not place
concrete on frozen surfaces.
C. Moisten subbase to provide a uniform dampened condition at the time concrete is placed. Do not place
concrete around manholes or other structures until they are at the required finish elevation and alignment.
D. Comply with ACI 301 and ACI 304R requirements and recommendations for measuring, mixing,
transporting, and placing concrete.
E. Do not add water to concrete during delivery to the project site.
F. Do not add water to fresh concrete after testing.
G. Do not add water to concrete surface during finishing operations.
H. Deposit and spread concrete in a continuous operation between transverse joints. Do not push or drag
concrete into place or use vibrators to move concrete into place.
I. Consolidate concrete according to ACI 301 by mechanical vibrating equipment supplemented by hand
spading, rodding, or tamping. Use equipment and procedures to consolidate concrete according to
recommendations in ACI 309R- Guide for Consolidation of Concrete.
• Consolidate concrete along face of forms and adjacent to transverse joints with an internal vibrator.
Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square -faced
shovels for hand-spreading and consolidation. Consolidate with care to prevent dislocating
reinforcement, dowels, and joint devices.
J. Screed pavement surfaces with a straightedge and strike off.
K. Commence initial floating using bull floats or darbies to form an open textured and uniform surface plane
before excess moisture or bleed water appears on the surface. Do not further disturb concrete surfaces
before beginning finishing operations or spreading dry-shake surface treatments.
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L. Curbs and Gutters: Produce curbs and gutters to required cross section, lines, grades, finish, and jointing
as specified with expansion joints at intervals of approximately [100] feet and tooled contraction joints at
10-foot intervals When automatic machine placement is used for curb and gutter placement, submit
revised mix design and laboratory test results that meet or exceed requirements.
M. Walks: Minimum 4-inches thick, with expansion joints at intervals of approximately [100] feet and tooled
contraction joints at intervals equal to width of walks or maximum 5-foot intervals. Tool edges to rounded
profile and finish as noted herein or shown on the drawings. Contractor may utilize sawed contraction
joints. Pitch walks 3/16-inches per foot for drainage unless otherwise indicated.
N. Ramps: Construct ramps similar to walks. Comply with applicable ADA Handbook, ANSI A117.1, and
local and State codes, ordinances, and details including maximum allowable slope not to exceed 1 foot
vertical in 12 foot horizontal, with maximum rise not to exceed 30-inches between level landings.
O. Steps: Minimum 6-inches thick at intersection of treads and risers, reinforced as indicated. Slope treads ¼-
inches to nosing, and tool nosings to uniform ½-inches radius. Finish as specified below.
P. Paving: Minimum 6-inches thick unless otherwise indicated. Provide expansion joints as indicated on the
drawings, and contraction joints at a minimum 12 -feet -0-inches EWW. Provide fibermesh reinforcing.
Place concrete paving over compacted subgrade as specified in Division 2 Section “Earth Moving”.
Provide minimum 1% slope for drainage unless otherwise indicated.
Q. Driveway Approaches: Minimum 8 inches thick, unless otherwise indicated or required by local public
works standards or building codes. Construct to radius of flare indicated, and taper or warp into alignment
with adjacent curbs, gutters, and walks. Place approaches over compacted subg rade as specified in
Division 2 section “Earth Moving.” Refer to drawing and details for any reinforcing requirements.
R. Slip-Form Pavers: When automatic machine placement is used for pavement, submit revised mix design
and laboratory test results that meet or exceed requirements. Produce pavement to required thickness,
lines, grades, finish, and jointing as required for fo rmed pavement.
Compact subbase and prepare subgrade of sufficient width to prevent displacement of paver machine during
operations.
S. When adjoining pavement lanes are placed in separate pours, do not operate equipment on concrete until
pavement has attained 80 percent of its 28-day compressive strength.
T. Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical
damage or reduced strength that could be caused by frost, freezing actions, or low temperatures.
1. When air temperature has fallen to or is expected to fall below 40 deg F, uniformly heat water and
aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F and not
more than 80 deg F at point of placement.
2. Do not use frozen materials or materials containing ice or snow.
3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical
accelerators, unless otherwise specified and approved in mix designs.
U. Hot-Weather Placement: Place concrete according to recommendations in ACI 305R and as follows when
hot-weather conditions exist:
1. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90
deg F. Chilled mixing water or chopped ice may be used to control temperature, provided water
equivalent of ice is calculated to total amount of mixing water. U sing liquid nitrogen to cool
concrete is Contractor's option.
2. Cover reinforcement steel with water-soaked burlap so steel temperature will not exceed ambient
air temperature immediately before embedding in concrete.
3. Fog-spray forms, reinforcement steel, and subgrade just before placing concrete. Keep subgrade
moisture uniform without standing water, soft spots, or dry areas.
V. Wet-Weather Placement: Do not begin to place concrete while rain, sleet, or snow is falling unless adequate
protection is provided and, when required, acceptance of protection is obtained.
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3.7 FLOAT FINISHING
A. General: Do not add water to concrete surfaces during finishing operations.
B. Edging: Tool edges of pavement, gutters, curbs, and joints in concrete after initial floating with an edging
tool to a 1/4-inch (6-mm) radius. Repeat tooling of edges after applying surface finishes. Eliminate tool
marks on concrete surfaces.
C. Float Finish: Begin the second floating operation when bleed-water sheen has disappeared and the concrete
surface has stiffened sufficiently to permit operations. Float surface with power -driven floats, or by hand
floating if area is small or inaccessible to power units. Finish surfaces to true planes. Cut down high spots
and fill low spots. Refloat surface immediately to uniform granular texture.
• Medium-to-Fine-Textured Broom Finish: Draw a soft bristle broom across float -finished concrete
surface perpendicular to line of traffic to provide a uniform, fine -line texture.
• Medium-to-Course-Textured Broom Finish: For use on roadways and streets only. Provide a coarse
finish by striating float-finished concrete surface 1/16 to 1/8 inch deep with a stiff-bristled broom,
perpendicular to line of traffic.
• Burlap Drag Finish: For use on roadways and streets only. Provide a course finish by dragging a
clean, unused, section of burlap fabric longitudinally across pavement.
3.8 CONCRETE PROTECTION AND CURING
A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures.
B. Comply with ACI 306.1 for cold-weather protection and follow the recommendations of ACI 305R for hot -
weather protection during curing.
C. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause
moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to
manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but
before float finishing.
D. Begin curing after finishing concrete, but not before free water has disappeared from concrete surface.
E. Curing Methods: Cure concrete by moisture curing, moisture-retaining-cover curing, curing compound, or
a combination of these as follows:
1. Moist Curing: Keep surfaces continuously moist for not less than seven days with the following
materials:
a. Water.
b. Continuous water-fog spray.
c. Absorptive cover, water saturated and kept continuously wet. Cover concrete surfaces and
edges with 12-inch lap over adjacent absorptive covers.
2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing
concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and
sealed by waterproof tape or adhesive. Immediately repair an y holes or tears during curing period
using cover material and waterproof tape.
3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to
manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after
initial application. Maintain continuity of coating and repair damage during curing period.
3.9 PAVEMENT TOLERANCES
A. Comply with tolerances of ACI 117 and as follows:
1. Elevation: 1/4 inch.
2. Thickness: Plus 3/8 inch, minus 1/4 inch.
3. Surface: Gap below 10-foot- long, unleveled straightedge not to exceed 1/4 inch.
4. Lateral Alignment and Spacing of Tie Bars and Dowels: 1 inch.
5. Vertical Alignment of Tie Bars and Dowels: 1/4 inch.
6. Alignment of Tie-Bar End Relative to Line Perpendicular to Pavement Edge: 1/2 inch.
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7. Alignment of Dowel-Bar End Relative to Line Perpendicular to Pavement Edge: Length of dowel
1/4 inch per 12 inches.
8. Joint Spacing: 3 inches.
9. Contraction Joint Depth: Plus 1/4 inch, no minus.
10. Joint Width: Plus 1/8 inch, no minus.
3.10 FIELD QUALITY CONTROL
A. Testing Agency: City of Aspen Project Manager will engage a qualified testing and inspection agency to
sample materials, perform tests, and submit test reports during concrete placement.
B. Testing Services: Testing will meet the requirements of Exhibit B in the City of Aspen Construction and
Excavation Standards for Work in the Public Right-of-Way. Testing of composite samples of fresh
concrete obtained according to ASTM C 172 shall be performed according to the following requirements:
• Testing Frequency:
a. Sidewalks, curb and gutter: Obtain at least 1 composite sample for each 50 cu. Yd. after first
truck and 1 set of 4 per 50 cu yd or fraction thereof.
b. Inlets: Obtain at least 1 composite sample for first three loads and every 5 th load thereafter
1 set of 4 per 100 cu yd or fraction thereof.
c. Roadway: Refer to Exhibit B in the City of Aspen Construction and Excavation Standards
for Work in the Public Right-of-Way.
Obtain at least 1 composite sample for the first three loads, if sample passes, then 1 test is
required per 50 cu yds. Slump - Every load. Cylinders- 1 set of 4 per 50 cu yds or fraction
thereof.
d. When frequency of testing will provide fewer than five compressive -strength tests for each
concrete mixture, testing shall be conducted from at least five randomly selected batches or
from each batch if fewer than five are used.
• Slump: ASTM C 143/C 143M; one test at point of placement for each composite sample, but not
less than one test for each day's pour of each type of concrete mix. Perform additional tests when
concrete consistency appears to change.
• Air Content: ASTM C 231, pressure method; one test for each composite strength test, but not less
than one test for each day's pour of each type of concrete mix.
• Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F and below
and when 80 deg F and above, and one test for each set of composite strength specimens.
• Compression Test Specimens: ASTM C 31/C 31M; one set of four standard cylinders for each
compressive-strength test, unless otherwise indicated. Cylinders shall be molded and stored for
laboratory-cured test specimens unless field-cured test specimens are required.
• Compressive-Strength Tests: ASTM C 39; one set for each day's pour of each concrete class
exceeding 5 cu. yd., but less than 25 cu. yd., provide at least four tests for every 100 cu.yd. One
specimen shall be tested at 7 days and two specimens at 28 days; one specimen shall be retained in
reserve for later testing if required.
• When strength of field-cured cylinders is less than 80 percent of companion laboratory -cured
cylinders, current operations shall be evaluated and corrective procedures shall be provided for
protecting and curing in-place concrete.
C. Strength of each concrete mix will be satisfactory if average of any 3 consecutive compressive -strength
tests equals or exceeds specified compressive strength and no compressive -strength test value falls below
specified compressive strength by more than 500 psi (3.4 MPa).
D. Test results shall be reported in writing to City of Aspen project manager, concrete manufacturer, and
Contractor within 24 hours of testing. Reports of compressive-strength tests shall contain Project
identification name and number, date of concrete plac ement, name of concrete testing and inspecting
agency, concrete type and class, location of concrete batch in pavement, design compressive strength at
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28 days, concrete mix proportions and materials, compressive breaking strength, and type of break for
both 7- and 28-day tests.
E. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by
Owner’s Representative but will not be used as the sole basis for approval or rejection.
F. Additional Tests: Testing agency shall make additional tests of the concrete when test results indicate
slump, air entrainment, concrete strengths, or other requirements have not been met, as directed by
Owner’s Representative. Testing agency may conduct tests to determine adequacy of concrete by cored
cylinders complying with ASTM C 42, or by other methods as directed.
G. Remove and replace concrete pavement where test results indicate that it does not comply with specified
requirements.
H. Additional testing and inspecting, at Contractor’s expense, will be performed to determine compliance of
replaced or additional work with specified requirements.
3.11 REPAIRS AND PROTECTION
A. Remove and replace concrete pavement that is broken, damaged, or defective, or does not meet
requirements in this Section.
B. Drill test cores where directed by Owner’s Representative when necessary to determine magnitude of
cracks or defective areas. Fill drilled core holes in satisfactory pavement areas with portland cement
concrete bonded to pavement with epoxy adhesive.
C. Protect concrete from damage. Exclude traffic from pavement for at least 14 days after placement. When
construction traffic is permitted, maintain pavement as clean as possible by removing surface stains and
spillage of materials as they occur.
D. Maintain concrete pavement free of stains, discoloration, dirt, and other foreign material. Sweep concrete
pavement not more than two days before date scheduled for Substantial Completion inspections.
END OF SECTION 32 1313
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SECTION 32 1373
CONCRETE PAVING JOINT SEALANTS
PART 1 - CONCRETE PAVING JOINT SEALANTS GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and
Division 1 Specification Sections, apply to this Section.
B. Additional information concerning concrete paving may be found on the civil drawings, in the project
geotechnical report and Section 32-1313 Concrete Paving section of specifications. In case of conflict
between the drawings, the City of Aspen Engineer will resolve the discrepancy.
1.2 SUMMARY
A. This Section includes the following:
• Expansion and contraction joints within cement concrete pavement.
• Joints between cement concrete and buildings and structures.
• Surface preparation including primers.
• Joint backup material.
B. Related Sections include the following:
• Division 32 Section "Concrete Paving" for constructing joints in concrete pavement.
1.3 REFERENCES
A. Colorado Department of Transportation's Division of Highways (DOH) Standard Specifications for Road
and Bridge Construction (SSR & BC), 2025 Edition, or as modified in these specifications.
B. City of Aspen Engineering Design Standards, January 2019
C. City of Aspen Electric Department Energy Standard for Electric Installation and Use, January 2014
1.4 SUBMITTALS
A. Product Data: For each joint-sealant product indicated.
B. Product Certificates: For each type of joint sealant and accessory, signed by product manufacturer.
C. Compatibility and Adhesion Test Reports: From sealant manufacturer, indicating the following:
• Materials forming joint substrates and joint-sealant backings have been tested for compatibility
and adhesion with joint sealants.
• Interpretation of test results and written recommendations for primers and substrate preparation
needed for adhesion.
D. Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing
agency, for sealants.
E. Warranty: As required by City of Aspen contract: Contractor agrees to repair or replace joint sealers
(including labor, materials, and any necessary associated costs) which fail to perform as watertight joints;
or fail in joint adhesion, cohesion, abrasion resistance, weather resistance, extrusion resistance, migration
resistance, stain resistance or general durability; or appear to deteriorate in any other manner not clearly
specified by submitted manufacturer’s data as an inherent quality of material for exposure indicated.
Provide warranty signed by Installer and Contractor.
1.5 QUALITY ASSURANCE
A. Requirements of Regulatory Agencies: Work under this section shall be subject to all applicable
provisions of federal, state, and local rules and regulations.
B. Applicator: Company specializing in application of sealants with five years minimum experience and be
acceptable to manufacturer. Manufacturer’s field representative shall visit site and make suggestions.
C. Adhesion Tests: Prior to any sealant application, perform adhesion tests as directed by sealant
manufacturer’s technical representative.
D. Source Limitations: Obtain each type of joint sealant through one source from a single manufacturer.
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1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials to Project site in original unopened containers or bundles with labels indicating
manufacturer, product name and designation, color, expiration date, pot life, curing time, and mixing
instructions for multi-component materials.
B. Store and handle materials to comply with manufacturer's written instructions to prevent their
deterioration or damage due to moisture, high or low temperatures, contaminants, or other causes.
1.7 PROJECT CONDITIONS
A. Install sealant materials in strict accordance with all safety and weather conditions recommended by
manufacturer, product literature, or Material Safety Data Sheets. Do not proceed with installation of
sealants under adverse weather conditions, or when temperatures are below or above manufacturer’s
recommended limitations for installation. Proceed only when forecasted weather conditions are favorable
for proper cure and development of high -early bond strength. Wherever joint width is affected by ambient
temperature variations, install elastomeric sealants only when temperatures are in lower third of
manufacturer’s recommended installation temperature range.
PART 2 - CONCRETE PAVING JOINT SEALANTS PRODUCTS
2.1 MATERIALS, GENERAL
A. Compatibility: Provide joint sealants, backing materials, and other related materials that are compatible
with one another and with joint substrates under conditions of service and application, as demonstrated by
joint-sealant manufacturer based on testing and field experience.
B. Approved Sealants:
For each application, provide the grade of sealant (non-sag, self-leveling, no-track knife grade preformed,
etc.) as recommended by the manufacturer for the particular condition of installation (location, joint
shape, ambient temperature, and similar conditions), to achieve the best possible overall performance.
Grades specified herein are for normal condition of installation.
• Silicone Sealant: ASTM C-920-79, Type S, Class 25, Grade NS.
• Two-Component (plus color) polyurethane low-modulus, non-sag sealant: ASTM C920-79, Type
M, Class 25, Grade NS.
• Two-Component (plus color) polyurethane self-leveling sealant: ASTM C920-79, Type M, Class
25, Grade P.
2.2 JOINT SEALANTS
A. Single-component formulation complying with ASTM D 6690 of D1190.
• Refer to CDOT Standard Specification, Section 705.01 for joint and crack sealant material
requirements.
• Refer to CDOT Standard Specification, Section 412.18 for joint and crack sealant installation
requirements.
2.3 JOINT-SEALANT BACKER MATERIALS
A. General: Provide joint-sealant backer materials that are non-staining; are compatible with joint substrates,
sealants, primers, and other joint fillers; and are approved for applications indicated by joint -sealant
manufacturer based on field experience and laboratory testing.
B. Round Backer Rods for Cold- and Hot-Applied Sealants: ASTM D 5249, Type 1, of diameter and density
required to control sealant depth and prevent bottom-side adhesion of sealant.
C. Backer Strips for Cold- and Hot-Applied Sealants: ASTM D 5249; Type 2; of thickness and width
required to control sealant depth, prevent bottom -side adhesion of sealant, and fill remainder of joint
opening under sealant.
D. Round Backer Rods for Cold-Applied Sealants: ASTM D 5249, Type 3, of diameter and density required
to control sealant depth and prevent bottom-side adhesion of sealant.
2.4 PRIMERS
A. Primers: Product recommended by join-sealant manufacturer where required for adhesion of sealant to
joint substrates indicated, as determined from manufacturers recommendation.
B. Materials/products shall contain the maximum amount of recycled content allowed that retains material
integrity.
C. Preference shall be given to materials that are manufactured, harvested, extracted, mined, quarried, etc.
within a 500 mile radius of the project site.
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PART 3 - CONCRETE PAVING JOINT SEALANTS EXECUTION
3.1 EXAMINATION
A. Examine joints indicated to receive joint sealants, with Installer present, for compliance with
requirements for joint configuration, installation tolerances, and other conditions affecting joint -sealant
performance.
• Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to comply with
joint-sealant manufacturer's written instructions.
B. Joint Priming: Prime joint substrates where indicated or where recommended in writing by joint -sealant
manufacturer, based on preconstruction joint-sealant-substrate tests or prior experience. Apply primer to
comply with joint-sealant manufacturer's written instructions. Confine primers to areas of joint-sealant
bond; do not allow spillage or migration onto adjoining surfaces.
3.3 JOINT DESIGN
A. Sealant depth is measured at the center (thin) section of sealant bead.
B. Install sealants to depths and widths as recommended by sealant manufacturer and as shown on the
drawings. Also, conform to the following general limitations if not in conflict with sealant manufacturer’s
recommendations.
• For sidewalks, pavements and similar joints subject to traffic and other abrasion and indentation
exposures, fill joints to a depth equal to 75 percent of joint width, but neither more than 5/8 inch
deep nor less than 3/8 inch deep.
• For normal moving joints not subject to traffic, fill joints to a depth equal to 50 percent of joint
width, but neither more than 5/8 inch deep nor less than 1/4 inch deep.
• Depth of sealant must not exceed width of joint.
• Sealant joints shall not be less than 1/4 inch in width and 1/4 inch in depth.
• Sealant joints shall not exceed 2 inches in width in a single application.
3.4 SURFACE PREPARATION
A. Preparation work shall result in clean surfaces in all areas where sealant is to be adhered. Such surfaces
shall be free of any old sealant, contaminants, and impurities, which are deleterious to bonding or
adhesion of primers or sealant.
B. Clean ferrous metals of all rust, mill scale, and coatings by wire brush or grinding. Any equipment used
to remove rust shall be free of oil contaminants.
C. Wire brush masonry joint surfaces, then blow clean with oil free compressed air.
D. Apply primer per manufacturer’s recommendations. Allow primer to dry prior to applying sealant.
E. Do not caulk joints until they are clean, dry, and free of dust, loose mortar, old sealant, foreign matter or
other bond inhibiting materials, and in compliance with requirements of manufacturer of materials, details
shown on drawings, and specific requirements of other sections of specifications.
3.5 JOINT BACKING
A. Use joint backing to control depth of joint to specified thickness.
B. Select joint backing size to allow for 25 percent compression of backing when inserted into joint.
C. Where shown on drawings where depth of joint will not permit use of joint backing, or wherever
recommended by sealant manufacturer, install bond-breaker tape to prevent three (3) sided adhesion.
D. Do not leave voids or gaps between ends of joint backing units.
3.6 APPLICATION/INSTALLATION OF JOINT SEALANT
A. Apply sealants neatly, in a good and workmanlike manner, which meets following minimum
requirements or standards. Specific instructions of manufacturer must also be followed.
B. Apply sealant using a gun with proper size nozzles. Use sufficient pressure to fill all voids and joints solid
to backup material, with complete wetting of all joint bond surfaces.
C. Applied sealant shall form a full, smooth, uniform bead, free of ridges, wrinkles, sags, air pockets and
embedded impurities.
D. After joint has been completely filled with sealant, neatly tool joint sealant to eliminate air pockets, or
voids, and to provide a smooth, slightly concave, neat appearing finish, with sealant surface slightly
below adjoining surfaces. Wetting of finished surface will not be allowed.
E. Where horizontal joints are located between a horizontal surface and vertical surface, fill joint to form a
slight cove, so joint will not trap moisture and dirt.
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F. Protect adjacent surfaces and systems from sealant material. Use masking tape where required to prevent
contact of sealant with adjoining surfaces which otherwise would be permanently stained or damaged by
such contact or by cleaning methods required to remove sealant smears. Remove tape immediately after
tooling without disturbing joint seal.
G. Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of joint sealants
as applicable to materials, applications, and conditions indicated.
H. Tooling of Non-Sag Sealants: Immediately after sealant application and before skinning or curing begins,
tool sealants according to requirements specified below to form smooth, uniform beads of configuration
indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint.
• Remove excess sealants from surfaces adjacent to joint.
• Use tooling agents that are approved in writing by joint-sealant manufacturer and that do not
discolor sealants or adjacent surfaces.
I. Provide joint configuration to comply with joint-sealant manufacturer's written instructions, unless
otherwise indicated.
J. Provide recessed joint configuration for silicone sealants of recess depth and at locations indicated.
3.7 CLEANING
A. Clean off excess sealants or sealant smears adjacent to joints as the Work progresses by methods and with
cleaning materials approved by manufacturers of joint sealants and of products in which joints occur.
3.8 PROTECTION
A. Protect joint sealants during and after curing period from contact with contaminating substances and from
damage resulting from construction operations or other causes, so sealants are without deterioration or
damage at time of Substantial Completion. If, despite such protection, damage or deterioration occu rs, cut
out and remove damaged or deteriorated joint sealants immediately and replace with joint sealant so
installations with repaired areas are indistinguishable from the original work.
B. Curing periods and associated temperatures shall be confirmed via the product manufacturer’s installation
manual.
3.9 JOB SITE CLEAN-UP
A. Sealant applicator must remove all excess materials from job site.
B. Leave all surrounding areas where joint sealant has been applied free of excess sealant, debris, and
foreign substances.
END OF SECTION 32 1373
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Type 3 Guardrail – Midwest Guardrail System (MGS) W-Beam 31 Inches
Type 7 Guardrail – F-Shape Concrete Barrier (Precast) (Temporary)
Guardrail Posts 710.08
606.01
Section 606
Guardrail
Description
606.01 This work consists of the construction of guardrail per these specifications and in
conformity with the lines and grades shown on the plans or established.
The construction of the various types of guardrail shall include the assembly and erection of all
component parts and materials complete at the locations shown on the plans or as directed.
The types of guardrail are designated as follows:
Type 6 Guardrail – Thrie Beam
Type 9 Guardrail – Single Slope Concrete Barrier
Use of Type 4 Precast Concrete Barrier not permitted.
Materials
606.02 Materials shall meet the requirements specified in the following subsections:
Guardrail Hardware 710.09
Paint for field painting of guardrail shall conform to subsection 708.03, Structural Steel Bridge
Paint.
Concrete for precast or cast-in-place barrier shall be made with an approved Class D Concrete
and shall conform to the requirements of Section 601. The Contractor may elect to use an
approved self-consolidating Class D concrete. Reinforcing steel, unless otherwise noted, shall
be epoxy coated and conform to the requirements of Section 602.
Concrete for bridge rail shall be Class DF Concrete and conform to the requirements of Section
601.
Construction Requirements
606.03 Post and Rail Elements.
(a) Posts. Posts shall be set firm and aligned with a tolerance of plus or minus 1/4 inch from
plumb, grades and lines as staked. All fittings and metal plates shall be placed securely in
position to conform to designated dimensions and requirements.
Posts shall be set by one of the following methods:
(1) Driven in place.
(2) Set in dug holes.
(3) Set in a concrete base.
“W” Beam Rail and Thrie Beam Rail 710.05
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606.04
(4) Posts on bridges shall be as shown on the plans.
Driving of posts shall be accomplished by methods and equipment that will leave the
posts in their final position free from any distortion, burring, or any other damage.
Excavated post holes shall have a firm bottom and be backfilled with acceptable material
placed in layers and thoroughly compacted.
Dissimilar metal-to-metal or aluminum-to-concrete post or rail installations shall have
contact surfaces separated by a protective coating approved by the Engineer.
Wood posts cut in the field shall have the cut surfaces protected with two coats of a
preservative approved by the Engineer. When the cut surface is above ground, the
treating solution to be used shall be the same type as was used in the original treatment.
(b) Rail. Rail elements shall be erected in a manner resulting in a smooth, continuous
installation. All bolts in the finished rail shall be drawn tight. Bolts shall be of sufficient
length to extend beyond the nuts. Rail shall be shop bent for installations on horizontal
curves having a radius of 150 feet or less.
(c) Temporary End Treatment. In construction zones not closed to traffic, installation of rail
element shall closely follow the setting of posts to keep the number of posts without rail
at a minimum. When necessary to minimize potential hazards, the Engineer will specify
the direction that the rail installation is to advance, and the number of posts installed
ahead of rail installation. At the end of the Contractor’s workday, the Contractor shall
treat the ends of the installed guardrail as follows:
(1) If the end is at the location of a planned end section, install the end section.
(2) If the end is not at the location of a planned end section, the last rail section shall be
installed with one end attached to the rail already in place and the free end resting
on the ground. The free end on the ground shall be restrained by tying the rail to the
posts by ropes or cables. The guardrail shall not be left in this configuration for more
than 24 hours unless protected by an approved attenuating device.
606.04 Concrete. Where paving is removed or damaged due to the Contractor’s
operations, the Contractor shall furnish an approved mix and shall repair the paving as
required, at the Contractor’s expense.
In construction zones not closed to traffic, the Contractor shall treat the ends of the
installed concrete guardrail at the end of the workday as follows:
(1) If the end is at the location of a planned end section, install the end section.
(2) If the end is not at the location of a planned end section, install a temporary impact
attenuator or provide treatment as shown in the Contract.
(a) Permanent Concrete Barrier. The permanent concrete barrier shall be Type 9 constructed
by cast-in-place or slipform methods. The trench for the base of the cast-in-place
reinforced barrier end anchorages shall be excavated to the lines and grades shown on
the plans or established. The bottom of the trench shall be compacted to the density
specified in subsection 203.07(a). The compacted trench bottom shall be watered and
approved before placing concrete.
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606.04
Concrete finish for all cast-in-place barriers shall be Class 1 per subsection 601.14. Slipform
barriers shall not receive additional finishing unless permitted by the Engineer. Exposed
vertical surfaces of slipformed barrier shall receive a vertical broom finish. When hand
finishing is allowed, it shall be performed in conformance with subsection 601.12(a).
The Engineer may determine that the exposed surfaces of the guardrail shall be tested with
a 10-foot straightedge laid along the exposed surface in a longitudinal direction. The
Contractor shall furnish an approved 10-foot straightedge and provide an operator to aid the
Engineer in testing the exposed surfaces. All surface tolerances shall be measured in a
longitudinal direction. Deviation of any exposed surface in excess of the tolerance specified
shall be corrected at the Contractor’s expense.
Longitudinal surface tolerances for the top of the barrier and the sides of the barrier from
the top to a line 7 inches below the top of the barrier are:
1. On tangent roadway alignments and curves with a radius greater than 1,000 feet: 0.25
inch from the edge of the straightedge.
2. On sharp vertical curves and horizontal curves with a radius of 1,000 feet or less: 0.25
inch from the edge of the straightedge with allowance made for curve deflection.
Longitudinal surface tolerances for the remaining surfaces of the barrier are:
1. On tangent roadway alignments and curves with a radius greater than 1,000 feet: 0.75
inch from the edge of the straightedge.
2. On sharp vertical curves and horizontal curves with a radius of 1,000 feet or less: 0.75
inch from the edge of the straightedge with allowance made for curve deflection.
The Contractor will be allowed a maximum of three days of slipform production if the
barrier being placed does not meet the specified tolerances. After the third day of
placement of out-of-tolerance slipform barrier, the Contractor shall stop production. The
Contractor shall submit a corrective action plan to the Engineer for review. The plan shall
address corrective actions to the equipment and materials and a time frame for completion
of the corrective actions. The plan shall address methods and materials to be used to
correct out-of-tolerance barrier. Patching will not be allowed to correct out-of-tolerance
barrier. Further placement of barrier will not be allowed until all previously placed barrier
that failed to meet tolerances is corrected or removed. Each occurrence of out-of-tolerance
slipform barrier shall be subject to the same corrective cycle.
(b) Temporary Precast Type 7 Concrete Barrier. Precast Type 7 Concrete Barrier (conforming to
Standard Plan M-606-14) may be formed upside down to minimize air pockets and improve
surface finish. Concrete finish for precast barriers shall be Class 1 per subsection 601.14. Each
segment of the precast barrier shall not have spalls, corner breaks, and bottom spalls totaling
more than 5 square feet of surface area, which includes the base. All required hand finishing
shall be performed in conformance with subsection 601.12(a).
Connecting loops shall not be frayed, stretched, or deformed. Gaps between units shall not
exceed the dimensions shown on the plans. Precast barrier units shall not be lifted or stressed
in any way before they have developed the strength of the concrete specified. Units shall be
supported at designated pickup points. Connecting loops shall not be used as pickup points.
Care shall be taken during fabrication, storage, handling, and transporting to prevent
cracking, twisting, or other damage. Minor chips on edges may be patched with the approval
of the Engineer. Breakage and chipping may be cause for rejection. Units damaged in such a
way as to impair their appearance or suitability, in the opinion of the Engineer, shall be
replaced at the Contractor’s expense. Units rejected by the Engineer shall be marked on both
sides with an orange painted “R” approximately 12 inches high and 6 inches wide.
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606-4
606.05
The base for placing precast barrier shall be prepared to the lines and grades shown on the
plans or established. When it becomes necessary to connect cast-in-place barrier sections
to precast barrier installations during construction, the cast-in-place sections shall be
constructed complete with connecting hardware per Standard Plan M-606-14 to join the
cast-in-place sections to the abutting precast sections. A fifteen-foot transition section
shall be provided when attaching barriers of differing shapes.
Method of Measurement
606.05 Guardrail will be measured by the linear foot along the centerline of the rail from
end to end of completed and accepted rail as shown on the plans, excluding end anchorages,
median terminals, and transitions.
End anchorages, median terminals, and transitions will be measured by the actual number
placed and accepted. Each end anchorage, median terminal, or transition shall include all
concrete, reinforcing steel, anchor bolts, cable, rods, turnbuckles, backing rail, plates,
bolts, nuts, washers, and all other work and material necessary to complete the item.
Posts will be included in the quantities of guardrail of the specified type and not measured
separately. Additional posts required for guardrail adjacent to bridges and obstructions, as
shown on the plans, will not be measured and paid for separately but shall be included in
the work.
Basis of Payment
606.06 The accepted quantities of guardrail will be paid for at the contract unit price for
the type specified.
Payment will be made under:
Pay Item Pay Unit
Guardrail, Type Linear Foot
End Anchorage, Type Each
Guardrail, Type ( Post Spacing) Linear Foot
Median Terminal Each
End Anchorage ( ) Each
Transition, Type Each
All work and materials necessary and incidental to the temporary treatment of guardrail
ends will not be measured and paid for separately but shall be included in the work.
Partial payments will not be made for partially completed guardrail runs that do not conform
to the end treatments specified in subsections 606.03(c) or 606.04.
Polyolefin fiber reinforcement will not be measured and paid for separately but shall be
included in the work.
Docusign Envelope ID: F561E562-F460-88EE-8386-33B782BDADE7Docusign Envelope ID: 946FC3D0-EA6E-8DF5-8323-D4B30FC8843D
June 5, 2025
Revision of Section 614
Rectangular Rapid Flashing Beacon
Notice
The Standard Special Provision (SSP) on the following page revises or modifies
CDOT’s Standard Specifications for Road and Bridge Construction. The
Construction Engineering Services Branch has reviewed, approved, and issued it.
Use as written without change. Do not use modified versions of it on CDOT
construction projects. Do not use the following special provision on CDOT projects
in a manner other than specified in the instructions without approval by CDOT’s
Standards and Specifications Unit. The instructions for use appear below.
Other agencies using the Standard Specifications for Road and Bridge
Construction to administer construction projects may use this special provision
appropriately and at their own risk.
Instructions for use on CDOT construction projects:
Use the following standard special provision on all projects with Rectangular Rapid
Flashing Beacons (RRFBs).
Docusign Envelope ID: F561E562-F460-88EE-8386-33B782BDADE7Docusign Envelope ID: 946FC3D0-EA6E-8DF5-8323-D4B30FC8843D
1 June 5, 2025
Revision of Section 614
Rectangular Rapid Flashing Beacon
Revise Section 614 to include the following:
Description
This work consists of the procurement and installation of Rectangular Rapid Flashing Beacon (RRFB)
units in accordance with the plans, specifications, and all Americans with Disability Act (ADA)
requirements.
Materials
The RRFB unit shall be selected from CDOT’s Approved Products List (APL). The following shall be
included in the installation of the unit:
(a) RRFB Light-Emitting Diode (LED) Signs
1. RRFB LED
A. Each RRFB unit shall consist of two rapid flashing rectangular-shaped yellow indications
with an LED-array-based light source and a pedestrian -actuated pilot light or rectangular-
shaped indication.
B. The size of each RRFB indication facing vehicular traffic shall be at least 5 inches wide by
at least 2 inches high. Pedestrian-actuated pilot lights or rectangular-shaped indications
shall be visible from the actuation location, confirming the RRFB is in operation.
C. The two yellow indications for each RRFB unit shall be aligned horizontally, with the
longer dimension horizontal and with a minimum space between the two indications of at
least 7 inches, measured from the nearest edge of one indication to the nearest edg e of the
other indication.
D. The outside edges of any RRFB indication, including any housing, shall not extend beyond
the outside edges of the sign it supplements.
2. Beacon Flashing Requirements
A. The LEDs used in the light bar shall meet the Society of Automotive Engineers (SAE) J595
requirement for Class 1 Yellow peak luminous intensity.
B. The flash rate of each individual RRFB indication, as applied over the full flashing
sequence, shall not exceed 5 flashes per second.
C. The RRFB shall provide 75 flash sequences per minute and operate using the sequences
listed:
(1) The RRFB indication on the left-hand side shall be illuminated for approximately 50
milliseconds.
Docusign Envelope ID: F561E562-F460-88EE-8386-33B782BDADE7Docusign Envelope ID: 946FC3D0-EA6E-8DF5-8323-D4B30FC8843D
2 June 5, 2025
Revision of Section 614
Rectangular Rapid Flashing Beacon
(2) Both RRFB indications shall be dark for approximately 50 milliseconds.
(3) The RRFB indication on the right-hand side shall be illuminated for approximately 50
milliseconds.
(4) Both RRFB indications shall be dark for approximately 50 milliseconds.
(5) The RRFB indication on the left-hand side shall be illuminated for approximately 50
milliseconds.
(6) Both RRFB indications shall be dark for approximately 50 milliseconds.
(7) The RRFB indication on the right-hand side shall be illuminated for approximately 50
milliseconds.
(8) Both RRFB indications shall be dark for approximately 50 milliseconds.
(9) Both RRFB indications shall be illuminated for approximately 50 milliseconds.
(10) Both RRFB indications shall be dark for approximately 50 milliseconds.
(11) Both RRFB indications shall be illuminated for approximately 50 milliseconds.
(12) Both RRFB indications shall be dark for approximately 250 milliseconds.
D. An automatic signal dimming device shall be used to reduce the brilliance of the RRFB
indications during nighttime conditions.
E. The vendor must submit a Certification of Compliance verifying that the RRFB meets this
specification.
(b) Controls (Mounted within Enclosure Cabinet)
1. The RRFB may be powered by hard-wired electrical service or solar-powered systems, as
indicated on the plans.
2. One each Enclosure Cabinet– NEMA 3R Aluminum w/Traffic Key (pole mount).
3. One each 12V DC Power Supply (4.2 Amp @ 110 to 120V, 50 Amp @ 12V) (Not needed for
solar powered sign)
4. One 12V DC Programmable Timer. The timer shall be capable of timing crossing upon
actuation and retiming crossing upon new actuation in the event that the crossing cycle has
not completed.
5. The Control Cabinet shall include a disconnect for the RRFB unit.
6. The flasher shall be capable of operating in a temperature range of -30°F and +122°F.
Docusign Envelope ID: F561E562-F460-88EE-8386-33B782BDADE7Docusign Envelope ID: 946FC3D0-EA6E-8DF5-8323-D4B30FC8843D
3 June 5, 2025
Revision of Section 614
Rectangular Rapid Flashing Beacon
7. The battery shall be capable of operating in a temperature range of -40°F to +140°F.
(c) Solar-powered rectangular Rapid Flash Beacon signs shall include:
1. Solar Panels.
2. 900 MHz, or approved equivalent technology, wireless communication control.
3. Solar Panel Mounts.
4. Slip fitter for pole.
5. Battery.
6. Regulator Solar charge controller
7. Wiring kit- for solar panel and battery.
(d) Accessible Pedestrian Features:
RRFB units shall comply with R206 “Pedestrian Signal Heads and Pedestrian Activated Warning
Devices” of the Public Right-of-Way Accessibility Guidelines (PROWAG). The following
accessible features shall be included and available at all times for RRFB syste ms:
1. The pedestrian push button shall incorporate a locator tone that complies with R307.8 of
PROWAG.
2. The pedestrian push button or passive detection device shall activate a speech message.
3. The volume of the speech message shall be louder than ambient sound up to a maximum
volume of 5 dBA louder than ambient sound. Automatic volume adjustment in response to
ambient traffic sound shall be a maximum volume of 100 dBA. Where audible beaconing is
provided in response to an extended push button press, the beaconing can exceed 5 dBA
louder than ambient sound.
4. The speech message shall not include vibrotactile features indicating a walk interval.
5. The pedestrian push button shall have a tactile arrow with high visual contrast that is
aligned parallel to the direction of travel on its associated crosswalk.
RRFB units may incorporate an extended push button press to provide additional features and
shall be installed as indicated on the plans. Where an extended push button is used to provide
additional features:
A. A push button press of less than one second shall actuate only the pedestrian timing and
any associated accessible walk indication.
Docusign Envelope ID: F561E562-F460-88EE-8386-33B782BDADE7Docusign Envelope ID: 946FC3D0-EA6E-8DF5-8323-D4B30FC8843D
4 June 5, 2025
Revision of Section 614
Rectangular Rapid Flashing Beacon
B. A push button press of one second or more shall actuate the pedestrian timing, any
associated accessible walk indication, and any additional features.
C. If additional crossing time is provided by means of an extended push button press, a
sign so indicating shall be mounted adjacent to or integral with the pedestrian push
button.
Construction Requirements
The Contractor is required to submit shop drawings of the RRFB unit to the Engineer for review and
approval two weeks prior to purchasing equipment.
All wiring, electrical connections, and controls shall conform to manufacturer recommendations.
The Control Cabinet shall be wired to the RRFB through a one -inch electrical conduit capable of a
120V power connection, unless otherwise shown on the plans or directed by the Engineer.
Method of Measurement
The RRFB unit shall include the LED signs, enclosure cabinet, all associated controls, pedestrian
and vehicular indications, poles, signs, pushbutton, foundation, solar power system, and all other
components necessary for a fully functional RRFB unit, will not be paid for separately, but shall be
included in the cost of the work.
Basis of Payment
Payment will be made under:
Pay Item Pay Unit
Rectangular Rapid Flashing Beacon Each
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MB1-971.doc **MB1 Page: 1
MAINTENANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, That we, the undersigned, as
__________________________________, of _______________________________________, as
Principal, hereinafter referred to as "Principal", and
______________________________________________________________________________________
,
a corporation organized under the laws of the State of ____________________________ , and qualified to
transact business in the State of Colorado, as "Surety" are held and firmly bound unto the City of Aspen,
Colorado, as obligee, hereinafter referred to as "City," in the penal sum of:
______________________________________________________________________________________
Dollars ($_____________________), lawful money of the United States of America, for the Payment of
which sum, well and truly to be made to the City, we bind ourselves, and our heirs, executors, administrators,
successors, and assignees, jointly and severally, by these presents:
WHEREAS, said Principal has entered into a written Contract with the obligee dated ___________________,
for furnishing all equipment, labor, tools and materials for:
_____________________________________________________ in accordance with detailed plans and
specifications on file in the office of the City Clerk of said City, a copy of which Contract is attached hereto
and made a part hereof.
NOW THEREFORE, The conditions of the foregoing obligations are such that if the said Principal shall well
and truly perform all the covenants and conditions of this Contract on the part of said Principal to be
performed, and repair or replace all defects for a period of two year(s) as provided herein, and protect and
save harmless the City of Aspen, Colorado, from all loss and damages to life or property suffered or
sustained by any person, firm or corporation, caused by said Principal or his agents or his employees, in the
performance of said work, or by, or in consequence of any negligence, carelessness, or misconduct in
guarding and protecting same, or from any improper or defective equipment or materials used in the work, or
other damages, costs and expenses and set forth in such Contracts, then this obligation shall be void
otherwise to remain in full force and effect in law.
This Bond guarantees that the material and equipment furnished and used, and workmanship employed in
the performance of the work described in this Contract will be of such character and quality as to insure it to
be free from all defects and in continuous good order and in a condition satisfactory to the Governing Body of
the City of Aspen for a period of two year(s) from the date of the issuance of the Certificate of Completion.
This Bond guarantees that the said Principal will keep and maintain the subject work without additional
charge or cost to the City of a period specified, and make such repairs or replacement of any defective
construction as the City may deem necessary.
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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.)
Docusign Envelope ID: F561E562-F460-88EE-8386-33B782BDADE7Docusign Envelope ID: 946FC3D0-EA6E-8DF5-8323-D4B30FC8843D
_____________________________________________________________________________________________________________________
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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.
Docusign Envelope ID: F561E562-F460-88EE-8386-33B782BDADE7Docusign Envelope ID: 946FC3D0-EA6E-8DF5-8323-D4B30FC8843D
_____________________________________________________________________________________________________________________
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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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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: F561E562-F460-88EE-8386-33B782BDADE7Docusign Envelope ID: 946FC3D0-EA6E-8DF5-8323-D4B30FC8843D
Certificate Of Completion
Envelope Id: 946FC3D0-EA6E-8DF5-8323-D4B30FC8843D Status: Completed
Subject: Complete with Docusign: Complete_with_DocuSign_2026-109_Cemetery_Lan.pdf
Source Envelope:
Document Pages: 161 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Nicole Henning
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
427 Rio Grande Place
Aspen, CO 81611
nicole.henning@aspen.gov
IP Address: 64.39.229.1
Record Tracking
Status: Original
7/15/2026 10:13:54 AM
Holder: Nicole Henning
nicole.henning@aspen.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Signer Events Signature Timestamp
Katharine Johnson
kate.johnson@aspen.gov
City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 64.39.229.1
Sent: 7/15/2026 10:15:00 AM
Viewed: 7/15/2026 11:30:04 AM
Signed: 7/15/2026 11:30:18 AM
Electronic Record and Signature Disclosure:
Accepted: 12/6/2021 3:40:29 PM
ID: 356e51a4-82fd-4dce-a85a-53a27dca34ba
Pete Strecker
pete.strecker@aspen.gov
City Manager
Pete Strecker
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.39.229.1
Sent: 7/15/2026 10:14:59 AM
Viewed: 7/16/2026 3:49:07 PM
Signed: 7/16/2026 3:49:22 PM
Electronic Record and Signature Disclosure:
Accepted: 7/16/2026 3:49:07 PM
ID: 041ff12c-7bb2-4d58-a356-9a1663601e77
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/15/2026 10:15:00 AM
Envelope Summary Events Status Timestamps
Certified Delivered Security Checked 7/16/2026 3:49:07 PM
Signing Complete Security Checked 7/16/2026 3:49:22 PM
Completed Security Checked 7/16/2026 3:49:22 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Aspen (we, us or Company) may be required by law to provide to you
certain written notices or disclosures. Described below are the terms and conditions for providing
to you such notices and disclosures electronically through the DocuSign system. Please read the
information below carefully and thoroughly, and if you can access this information electronically
to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please
confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and
signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 5/27/2020 1:57:50 PM
Parties agreed to: Katharine Johnson, Pete Strecker
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Aspen:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: tara.nelson@cityofaspen.com
To contact us by paper mail, please send correspondence to:
City of Aspen
130 S Galena
Aspen, 81611-1902
To advise City of Aspen of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at tara.nelson@cityofaspen.com and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Aspen
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to tara.nelson@cityofaspen.com and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Aspen
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to tara.nelson@cityofaspen.com and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify City of Aspen as described above, you consent to receive
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by City of Aspen during the course of your relationship with City of
Aspen.