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Home My WebLink Aboutresolution.council.110-17 RESOLUTION#110 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND HASELDEN CONSTRUCTION, INC 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 Mill Street and Main Street Intersection Improvements between the City of Aspen and Haselden Construction 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 Mill Street and Main Street Intersection Improvements between the City of Aspen and Haselden Construction 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 in substantially the form attached hereto, subject to the approval of the City Manager and the City Attorney. INTRODUCED, READ AND ADOPTED by the City Council o7ity of Aspen on the 25`" day of September 2017. Steven Skad n, Mayor I, Linda Manning, 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 September 25, 2017. lAiXI - Linda Manning, City C rk en Construction 6950 6950 South Potomac Street Centennial, Colorado 80112 303-751.1478 TEL 303-751-1627 FAX www.haselden.com HASELDEN CONSTRUCTION August 21, 2017 Pete Rice City Of Aspen 201 N. Mill St Suite 203 Aspen,CO 81611 Reference: Mill Street Traffic Improvements Dear Mr.Rice: We are pleased to submit this Lump Sum proposal for your review pricing to provide all necessary labor, materials and equipment for the Mill Street improvements per JR Engineering plans dated 9/21/16(Mill Street Complete Street) Base Bid:........................................................$ 143,884 CLARIFICATIONS: • We have excluded any asphalt patching as none is shown • CDOT permit will be provided by City of Aspen • Conduit will need to be laid during the sidewalk work taking place in September&October 2017 • Bore of 21 feet must take place during Mill St sidewalk work September&October 2017 • Pricing does not include temporary striping at Mill St. • Re-Mobilization of painting operation only all other work to be completed in one mobilization DOCUMENTS: Our proposal is based off documents provided to the team by City of Aspen from JR Engineering Dated 9/21/2016. Sincerely, HASELDEN CONSTRUCTION Brad Nobbe Project Manger CC:Brian Hunt I �al�l�l '1 C71� .e1L ml� e ��I� .rfl■ :�Ji E �C�ICi�i�ICI��-i1 T-11�I�ICI=1- C1.._ E'3 ��iCi�iCiCIC --- fr'f1�1�1�1-1�1- ©��1-1-1�1�1��I�i�i�i�l -- - irICCI�I�IC ■�[=rL71�1�1�1�1�� pr>s:cJ]I�I-1-1�1� ET�[)sLT]I�1-1-1�1� r =VAIA Document A105" - 2007 Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project AGREEMENT made as of the September day of 25 in the year 2017 (Lr words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added Information needed for its (Name, legal status, address and other it formation) completion.The author may also have revised the text of the original The City of Aspen AIA standard form.An Additions and 130 South Galena Street Deletions Report that notes added Aspen,CO 81611-1975 information as well as revisions to the standard form text is available and the Contractor: from the author and should be (Name, legal status, address and other information) reviewed.A vertical line in the lett margin of this document indicates Haselden Construction,LLC where the author has added 6950 S.Potomac Street necessary information and where Centennial,Colorado 80112 the author has added to or deleted from the original AIA text. for the following Project: This document has important legal (Name,location and detailed description) consequences.Consultation with an attorney is encouraged with respect Mill Street Complete Street to as completion or modification. Contract will be based on the drawings provided to Haselden with a date 9/21/16 State or local law may impose indicated on the cover sheet.The project is located on Mill Street and at the intersection requirements on contracts for home of Main Street within the City of Aspen limits.The general scope of work includes improvements.If this document will roadway striping removal and replacement on Mill Street and the eastbound mm striping be used for work on the Owner's on Main Street.Adjustments to the signals,loop detection and signage to the intersection residence,the Owner should consult are included in the scope.Traffic control and meeting COA permitting is to be included local authorities or an attorney to within the scope of the project. verify requirements applicable to this Agreement. The Architect: (Name,legal status, address and other information) Civil Engineer JR Engineering 7200 South Alton Way, Suite C400 Centenial,CO 80112 Eli Farney The Owner and Contractor agree as follows. AIA Document A105--2007(formerlyA705" -1693 and A205--1903).Copyright O 1893 and 2007 by The American Institute of Arch tecls.All rights Init. reserved.WARNING:This AIA' Document Is protected by U.S.Copyright Law and International Trestles.Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible I under the low.This document"a produced by AIA software at 11:42:56 on 09122/2017 under Order No.2607633999 which expires on 08/2112018,and is not for resale. User Notes: (1131902530) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE 3 CONTRACT SUM 4 PAYMENT 5 INSURANCE 6 GENERAL PROVISIONS 7 OWNER 8 CONTRACTOR 9 ARCHITECT 10 CHANGES IN THE WORK 11 TIME 12 PAYMENTS AND COMPLETION 13 PROTECTION OF PERSONS AND PROPERTY 14 CORRECTION OF WORK 15 MISCELLANEOUS PROVISIONS 16 TERMINATION OF THE CONTRACT 17 OTHER TERMS AND CONDITIONS ARTICLE 1 THE CONTRACT DOCUMENTS §1.1 The Contractor shall complete the Work described in the Contract Documents for the Project. The Contract Documents consist of .1 this Agreement signed by the Owner and Contractor; .2 Mill Street Complete Set-Main Street(SH82)and Mill Street Traffic Improvements dated 9-21-16 the drawings and specifications prepared by the Architect,as set forth in Contractor's Cost Proposal,attached as Exhibit A. (Table deleted) (Paragraphs delefed).3 written orders for changes in the Work issued after execution of this Agreement;and .4 other documents, if any,identified as follows: A proposal dated August 21,2017 submitted by Brad Nobbe from Haselden Construction in the amount of$143,884. 1.1 Precedence of Contract Documents The Contract governs over the Contract Documents. A Change Order governs over all other Contract Documents impacted by change. Mill Street Complete Set—Main Street(SH82)and Mill Street Traffic Improvements dated 9-21- 16, drawings, specifications, and general conditions govem over the proposal dated 8-21-17 submitted by Brad Nobbe AIA Document A705-—200T(formerly A105-—1993 and A205"'—1993).Copyright O 1993 and 2007 by The American Institute of Architects.All rights Illlt' reserved.WARNING:This AIA° Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 2 this AIM Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was pmduced by AIA software at 11:42:56 on 09222017 under Order No.2607633999 which expires on 08212018,and is not for resale. User Notes: (1131902530) from Haselden Construction. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The number of calendar days available to the Contractor to substantially complete the Work is the Contract Time. The date of commencement of the Work shall be the date(October 1,2017)the Owner issues a written notice to proceed,(ii)written confirmation is received by the Contractor that the Owner's funding sources are in place for the Project,and(iii)the required building permits have been received by the Contractor(the"Construction Notice"). The Contractor shall substantially complete the Work,no later than June 1,2018(243)calendar days from the date of the Construction Notice,subject to adjustment as provided in Article 10 and Article 11. ARTICLE 3 CONTRACT SUM §3.1 Subject to additions and deductions in accordance with Article 10,the Contract Sum is: One hundred, forty three thousand,eight hundred and eight fourdollars (S 143,884.00),as set forth in Contractor's Cost Proposal,attached as Exhibit A. §3.2 For purposes of payment,the Contract Sunt includes the following values related to portions of the Work: (Itemize the Contract Sum among the major portions of the Work.) Portion of Work Value See Exhibit A. 143,884.00 §3.3 Unit prices, if any,are as follows: (Identify and state the unit price;state file quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit($0.00) See Exhibit A. §3.4 Allowances included in the Contract Sum,if any,are as follows: (Identify allowance and slate exclusions, if any,from the allowance price) Item Price See Exhibit A. §3.5 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and hereby accepted by the Owner: (State die numbers at-other identification of accepted alternates.If the bidding or proposal documents permit the Owner to accept other ahernales subsequent to the execution of lhis Agreement, attach a schedule ofsuch other alternates showing the amount for each and the date when that amount expires.) See Exhibit A. §3.6 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. ARTICLE 4 PAYMENT §4.1 Based on Contractor's Applications for Payment certified by the Architect,the Owner shall pay the Contractor, in accordance with Article 12,as follows: (Paragraph deleted) Owner shall pay Contractor within thirty(30)days following receipt of the Contractor's Applications for Payment. Retainage of five percent(5%)will be withheld. §4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate below,or in the absence thereof,at the legal rate prevailing at the place of the Project. Inst. AIA Document A105a'-2007[formerly A105n`-1993 and A205^'-1993).Copydghl®1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 3 this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible I under the Iaw.This document was produced by AIA software at 11:42:56 on 0 912 212 01 7 under Order No.2607633999 which expos on 0881/2018,and Is not for resale. User Nola*: (1131902530) (Paragraph deleted) ARTICLE 5 INSURANCE §5.1 The Contractor shall provide Contractor's general liability and other insurance as follows: (Insert specific insurance requirements and limits) Type of insurance Limit of liability($0.00) Payment and Performance Bonds Each in the full Contract amount. Contractor Insurance: General Liability $2 million per occurrence $3 million aggregate $3 million completed operations Automobile Liability $1 million covering owned,hired and non-owned automobiles Excess Liability Umbrella $3 million per occurrence (following form on employer's liability,general liability and automobile coverages and excess liability or umbrella limits may be combined with employer's liability,general liability and automobile coverages to meet the limits required in the Contract) Pollution Liability Insurance $2 million per occurrence $3 million aggregate Workers Compensation Employers Liability Colorado statutory limits Builders Risk Insurance $1 million/$1 million/$1 million In the full Contract amount §5.2 The Owner shall provide property insurance to cover the value of the Owner's property, including any Work provided under this Agreement.The Contractor is entitled to receive an increase in the Contract Sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner's property insurance. §5.3 The Contractor shall obtain all endorsement to its general liability insurance policy to cover the Contractor's obligations under Section 8.12. §5.4 Each party shall provide certificates of insurance showing their respective coverages prior to commencement of the Work. (Paragraph deleted) § 5.6 Governmental Immunity: The parties hereto understand and agree that Owner 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 Owner, its officers,or its employees. §5.7 Owner's Insurance: The parties hereto understand that the Owner 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. Owner makes no representations whatsoever with respect to specific coverages offered by CIRSA. Owner shall provide reasonable notice of any changes in its membership or participation in CIRSA. AIA Document A105" —2007(formerly A106" —1993 and A205-—1993).Copydghl O 1993 and 2007 by The American Institute of Architects.All rights Init. nerved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 4 this AIAe Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible 1 under the law.This document was produced by AIA software at 11:42:56 on 09122/2017 under Order N02607633999 which expires on 0821/2018,and is not for resale. User Notes: (1131902530) ARTICLE 6 GENERAL PROVISIONS §6.1 THE CONTRACT The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements,either written or oral.The Contract may be amended or modified only by a written modification in accordance with Article 10. §6.2 THE WORK The term "Work"means the construction and services required by the Contract Documents,and includes all other labor,materials,equipment and services provided,or to be provided,by the Contractor to fulfill the Contractor's obligations. §6.3 INTENT The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor.The Contract Documents are complementary,and what is required by one shall be as binding as if required by all. §6.4 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS,SPECIFICATIONS AND OTHER DOCUMENTS Documents prepared by the Architect are instruments of the Owners's service for use solely with respect to this Project.The Owner shall retain all common law, statutory and other reserved rights,including tire copyright.The Contractor,subcontractors,sub-subcontractors,and material or equipment suppliers are authorized to use and reproduce the instruments of service solely and exclusively for execution of the Work. The instruments of service may not be used for other Projects or for additions to this Project outside the scope of the Work without the specific written consent of the Architect. §6.5 Electronic Notice Written notice under this Agreement may be given by one party to the other by email as set forth below. For the City of Aspen Pete Rice City of Aspen Engineering Department Civil Engineer/Project Manager Pete.rice(tcirvof rspen.conl Require a Read Receipt for all email transmissions (Insert requirements for delivering written notice by entail such as pante, title, and email address of the recipient, and whether and how the system will be required to generate a read receipt for the transmission) ARTICLE 7 OWNER §7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER §7.1.1 If requested by the Contractor,the Owner shall fumish all necessary surveys and a legal description of the site. §7.1.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents,the Owner shall obtain and pay for other necessary approvals,easements,assessments and charges. §7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the Contract Documents,the Owner may direct the Contractor in writing to slop the Work until the correction is made. §7.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies,correct such deficiencies. In such case,the Contract Sum shall be adjusted to deduct the cost of correction from payments due the Contractor. Init. AIA Document A105" —2007(formerly A705"—1993 and A205^ —1993).Copyright®1993 and 2007 by The American Insfitute of Architects.All rights reserved.WARNING:This AIM Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 5 this AIAs Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible I under the law.This document was produced by AIA software at 11:42:56 on 091222017 under Order No.2607633999 which expires on 09!21/2019,and Is not for resale. User Notes: (1131902530) §7.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §7.4.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award separate contracts in connection with other portions of the Project. §7.4,2 The Contractor shall coordinate and cooperate with the Owner's own forces and separate contractors employed by the Owner. §7.4.3 Costs caused by delays or by improperly timed activities or defective construction shall be home by the party responsible therefor. ARTICLE 8 CONTRACTOR §8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §8.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §8.1.2 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner.Before commencing activities,the Contractor shall (1)take field measurements and verify field conditions;(2)carefully compare this and other information known to the Contractor with the Contract Documents; and(3)promptly report errors, inconsistencies or omissions discovered to the Architect. §8.2 CONTRACTOR'S CONSTRUCTION SCHEDULE The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. §8.3 SUPERVISION AND CONSTRUCTION PROCEDURES §8.3.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for and have control over construction means,methods,techniques,sequences and procedures,and for coordinating all portions of the Work. §8.3.2 The Contractor, as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of subcontractors or suppliers for each portion of the Work.The Contractor shall not contract with any subcontractor or supplier to whom the Owner or Architect have made a timely and reasonable objection. §8.4 LABOR AND MATERIALS §8.4.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,utilities,transportation, and other facilities and services necessary for proper execution and completion of the Work. §8.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract Work.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. §8.5 LICENSURE OF CONTRACT Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the Stale of Colorado,and if applicable,in the County of Pitkin. §8.5 WARRANTY The Contractor warrants to the Owner and Architect that: (1)materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents;(2)the Work will be free from defects not inherent in the quality required or permitted;and(3)the Work will conform to the requirements of the Contract Documents. Init. AIA Document A705"'—2007(fomierly A705"'—1993 and A205"—1993).Copyright®1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA` Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 6 this AIAs Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible I under the law.This document was produced by AIA software at 11:42:56 on 09/27/2017 under Order No2607633999 which expires on 08/212018,and is not for resale. User Notes: (1131902530) §8.6 TAXES The Contractor shall pay sales,consumer,use and similar taxes that are legally required when the Contract is executed. §8.7 PERMITS,FEES AND NOTICES §8.7.1 The Contractor shall obtain and pay for the building permit and other permits and governmental fees,licenses and inspections necessary for proper execution and completion of the Work. §8.7.2 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,or lawfid orders of public authorities,the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. The Contractor shall promptly notify the Architect in writing of any known inconsistencies in the Contract Documents with such governmental laws,rules and regulations. §8.8 SUBMITTALS The Contractor shall promptly review,approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents.Shop Drawings.Product Data,Samples and similar submittals are not Contract Documents. §8.9 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits,the Contract Documents and the Owner. §8.10 CUTTING AND PATCHING The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. §8.11 CLEANING UP The Contractor shall keep the premises and surrounding area free front accumulation of debris and trash related to the Work.At the completion of the Work,the Contractor shall remove its tools,construction equipment,machinery and surplus material;and shall properly dispose of waste materials. §8.12 INDEMNIFICATION To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,Architect, Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work, provided that such claim,damage, loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,regardless of whether or not such claim,damage, loss or expense is caused in part by a party indemnified hereunder. ARTICLE 9 ARCHITECT §9.1 The Architect will provide administration of the Contract as described in the Contract Documents.The Architect will have authority to act on behalf of the Owner only to the extent provided in lite Contract Documents. §9.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work. §9.3 The Architect will not have control over or charge of,and will not be responsible for,construction means, methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility. The Architect will not be responsible for the Contractor's failure to cant'out the Work in accordance with the Contract Documents. §9.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor. AIA Document A10"—2007(formerly A105"—1993 and A20"-1993).Copyright®1993 and 2007 by The American Institute of Architects.All rights Init. reserved.WARNING:This AIAI Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 7 this AIA° Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible / under the law.This document was produced by AIA software at 11:42:56 on 09122/2017 under Order No2607633999 which expires on 08/21/2018,and is not for resale. User Notes: (1131902530) §9.5 The Architect has authority to reject Work that does not conform to(he Contract Documents. §9.6 The Architect will promptly review and approve or take appropriate action upon Contractor's submittals,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §9.7 The Architect will promptly interpret and decide matters concerning performance under,and requirements of, the Contract Documents on written request from either the Owner or Contractor. §9.8 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable front the Contract Documents and will be in writing or in the form of drawings.When making such interpretations and decisions,the Architect will endeavor to secure faithful performance by both Owner and Contractor,will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. §9.9 The Architect's duties,responsibilities and limits of authority as described in the Contract Documents shall not be changed without written consent of the Owner,Contractor and Architect.Consent shall not be unreasonably withheld. ARTICLE 10 CHANGES IN THE WORK §10.1 The Owner,without invalidating the Contract,may order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly in writing. If the Owner and Contractor cannot agree to a change in the Contract Sum,the Owner shall pay the Contractor its actual cost plus reasonable overhead and profit. § 10.2 The Architect will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not inconsistent will)the intent of the Contract Documents.Such orders shall be in writing and shall be binding on the Owner and Contractor.The Contractor shall carry out such orders promptly. §10.3 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist,the Contract Sum and Contract Time shall be subject to equitable adjustment. § 10.4 Notwithstanding anything in the Contract Documents to the contrary,Amendments, Construction Change Directives,or Change Orders shall not be binding on the City without an authorized signature in accordance with the City of Aspen Procurement Code. ARTICLE 11 TIME §11.1 Time limits stated in the Contract Documents are of the essence of the Contract. §11.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work,or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Contractor's control, the Contract Time shall be subject to equitable adjustment. ARTICLE 12 PAYMENTS AND COMPLETION §12.1 CONTRACT SUM The Contract Sum stated in the Agreement, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. §12.2 APPLICATIONS FOR PAYMENT §12.2.1 At least ten days before the date established for each progress payment,the Contractor shall submit to the Architect an itemized Application for Payment for Work completed in accordance with the values stated in the Agreement. Such Application shall be supported by data substantiating the Contractor's right to payment as the Owner or Architect may reasonably require.Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment stored,and protected from damage,off the site at a location agreed upon in writing Init. AIA Document A705a'—2007(fom arty A705r"—1993 and A205-—1993).Copyright®1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 8 this AIArDocument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible I under the law.This document was produced by AIA software at 11:42:56 on 09122/2017 under Order No.2607633999 which expires on 08/2112018,and is not for resale. User Not": (1131902530) §12.2,2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment,all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims, security interests or other encumbrances adverse to the Owner's interests. §12.3 CERTIFICATES FOR PAYMENT The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor, for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part. §12.4 PROGRESS PAYMENTS §12.4.1 After the Architect has issued a Certificate for Payment,the Owner shall make payment in the manner provided in the Contract Documents. §12.4.2 The Contractor shall promptly pay each subcontractor and supplier,upon receipt of payment from the Owner,an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. §12.4.3 Neither the Owner nor the Architect shall have responsibility for payments to a subcontractor or supplier. §12.4.4 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the requirements of the Contract Documents. §12.5 SUBSTANTIAL COMPLETION §12.5.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. §12.5.2 When the Work or designated portion thereof is substantially complete,the Architect will make an inspection to determine whether the Work is substantially complete. When the Architect determines that the Work is substantially complete the Architect shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion,shall establish the responsibilities of the Owner and Contractor,and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 12.5.3 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate.Upon such acceptance and consent of surety, if any,the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for 200%of the value of the Work that is incomplete or not in accordance with the requirements of the Contract Documents. The value of the incomplete or noncompliant Work shall be based on the Cost to the Owner to complete or repair the Work using other Contractors. §12.6 FINAL COMPLETION AND FINAL PAYMENT § 12.6.1 Upon receipt of a final Application for Payment,the Architect will inspect the Work.When the Architect finds the Work acceptable and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment. §12.6.2 Final payment shall not become due until the Contractor submits to the Architect releases and waivers of liens,and data establishing payment or satisfaction of obligations,such as receipts,claims,security interests or encumbrances arising out of the Contract. hilt. AIA Document A105-—2007(formerly AIIIS--1993 and A205" —1993).Copyright®1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA° Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of 9 this AIA° Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible I under the law.This document was produced by AIA software at 11:42:56 on 09/222017 under Order No.2607633999 which expires on 0812112018.and is not for resale. User Notes: (1131902530) §12.6.3 Acceptance of final payment by the Contractor,a subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 13 PROTECTION OF PERSONS AND PROPERTY The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Contract.The Contractor shall take reasonable precautions to prevent damage,injury or loss to employees on the Work,the Work and materials and equipment to be incorporated therein,and other property at the site or adjacent thereto.The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor,or by anyone for whose acts the Contractor may be liable. ARTICLE 14 CORRECTION OF WORK §14.1 The Contractor shall promptly correct Work rejected by the Architect as failing to conform to the requirements of the Contract Documents.The Contractor shall bear the cost of correcting such rejected Work, including the costs of uncovering,replacement and additional testing. §14.2 In addition to the Contractor's other obligations including warranties under the Contract,the Contractor shall, for a period of one year after Substantial Completion,correct work not conforming to the requirements of the Contract Documents. §14.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it in accordance with Section 7.3. ARTICLE 15 MISCELLANEOUS PROVISIONS §15.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract as a whole without written consent of the other. §15.2 TESTS AND INSPECTIONS §15.2.1 At the appropriate times,the Contractor shall arrange and bear cost of tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities. §15.2.2 If the Architect requires additional testing,the Contractor shall perform those tests. §15.2.3 The Owner shall bear cost of tests, inspections or approvals that do not become requirements until after the Contract is executed. §15.3 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. §15.4 NON-DISCRIMINATION 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 Viet Nam 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 Viet Nam 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. § 15.5 WARRANTIES AGAINST CONTINGENT FEES,GRATUITIES,KICKBACKS AND CONFLICT OF INTEREST § 15.5.1 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(lie Contractor for the purpose of securing business. Intl. AIA Document A105--2007(formerly A105-—1993 and A205-—1993).Copyright®1993 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 10 this AIAr Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible f under the law.This document was produced by AIA software at 11:42:56 on 09222017 under Order No2607633999 which expires on 08/2112018,and is not for resale. User Notes: (1131902530) § 15.5.2 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. § 15.5.3 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 front 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. §15.6 ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS § 15.6.1 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 salve 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. ARTICLE 16 TERMINATION OF THE CONTRACT §16.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 12.3 for a period of 7 days through no fault of the Contractor,or if the Owner fails to make payment as provided in Section 12.4.1 for a period of 7 days,the Contractor may,upon seven additional days' written notice to the Owner and Architect,terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit,and costs incurred by reason of such termination. §16.2 TERMINATION BY THE OWNER FOR CAUSE §16.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the subcontractors; .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or .4 is otherwise guilty of substantial breach of a provision of the Contract Documents. §16.2.2 When any of the above reasons exist,the Owner,after consultation with the Architect,may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety,if any,seven days'written notice,terminate employment of the Contractor and may .1 take possession of the site and of all materials thereon owned by the Contractor,and .2 finish the Work by whatever reasonable method the Owner may deem expedient. §16.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 16.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §16.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,such excess shall be paid to the Contractor. If such costs exceed the unpaid balance,the Contractor shall pay the difference to the Owner.This obligation for payment shall survive termination of the Contract. AIA Document A105-—2007(formerly A105-—1993 and A205^'—1993).Gopydght®1993 and 2007 by The American Institute o1 Architects.All rights Inst. reserved.WARNING:This AIAc Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of 11 this AIAr Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent passible I under the law.This document was produced by AIA software at 11 A2:56 on 0922/2017 under Order No.2607633999 which expires on 0813112018,and is not for resale. User Notes: (1131902530) §16.3 TERMINATION BY THE OWNER FOR CONVENIENCE In cases of such termination for the Owner's convenience,the Owner shall pay the Contractor for Work properly executed;costs incurred by reason of termination,including the costs attributed to termination of Subcontractors; and the termination fee,if any,set forth in the Agreement. ARTICLE 17 OTHER TERMS AND CONDITIONS (lnse/7 ant'other terms or conditions below.) § 17.1 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes: .1 damages incurred by the Owner for rental expenses, for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. § 17.2 Illegal Aliens—CRS 8-17.5-101 &24-76.5-101 shall govern this contract and shall be in effect during the entire contracted time. § 17.3 Claims and Disputes § 17.3.1 Definition A Claim is a demand or assertion by one of the parties seeking,as a matter of right,payment of money,or other relief with respect to the terms of the Contract. The term"Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract.The responsibility to substantiate Claims shall rest with the party making the Claim. § 17.3.2 Notice of Claims Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Construction Manager. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. § 17.3.2.1 Claims against the Owner shall be in the form of a written notice containing the name and address of the claimant,and the name and address of the attorney,if any;a concise statement of the basis of the claim, including the date,time,place,and circumstance of the act,omission,or event complained of;a concise statement of the nature and extent of the injury claimed to have been suffered;and a statement of the amount of monetary damages that is being requested. § 17.3.4 Continuing Contract Performance Pending final resolution of a Claim,the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents.The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 17.3.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. § 17.3.5.1 In no event shall adjustment to the Contract Sum be made for conditions of which the Contractor knew or should have been known,or which would have been noticed by a Contractor of similar experience pursuant to on- site inspection,by conditions referenced in any other inspections or tests concerning the site which have been made available to the Contractor,which have been performed by the Contractor or its subcontractors,or are part of the Contract Documents used in constructing the improvements. § 17.3.6 Claims for Additional Time § 17.3.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time,written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay,only one Claim is necessary. AIA Document A105e'—2007(formerly A106--1993 and A205^ —1993).Copyright®1993 and 2007 by The American Institute of Architects.All rights IDit. reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 12 this AIAr Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible I under the law.This document was produced by AIA software at I IA2:58 on 09122/2017 under Order No2507833999 which expires on 08/21!2018,and is not for resale. User Notes: (1131902530) § 17.3.6.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 17.4 Initial Decision § 17.4.1 Claims shall be referred to the Initial Decision Maker for initial decision.The Architect will serve as the Initial Decision Maker. § 17.4.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim,or indicating that the Initial Decision Maker is unable to resolve the Claim.This initial decision shall(1)be in writing; (2)state the reasons therefor;and(3)notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker,of any change in the Contract Sunt or Contract Time or both. § 17.6 Litigation § 17.6.1 Litigation. This Contract,and all matters interpreting it and arising under it shall be enforced in,and all parties do now submit to,the exclusive jurisdiction and venue of the District Court,City and County of Pitkin,State of Colorado,in the event of any litigation concerning this Contract,and regardless of where this Contract may be executed. Each party consents to and agrees to file a general appearance in the event that it receives service of process. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 16. This Agreement entered into as of the day and year first written above. (If required by law, insert cancellation period, disclosures or other warning statentents above the signatures) OWNER(Signature) / CONTRACTOR(Signature) 5-74-rte, Garr;a David A.Lueders (Printed nine, title and address) (PrinteaEX6=th*Vit W*6t0hnt& Chief Administrative Officer 7 ' Haselden Cons!ructicn. i LC Init. AIA Document A10S--2007(formerly A105e`—1993 and A205TM—19931.Copynght®1993 and 2007 by The American Institute of Archllecls.All rights reserved.WARNING:This AIA• Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 13 this AIA" Document,or any potion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible t under the law.This document was produced by AIA software at 11:42:56 W 0922/2017 under Order Ne.2607633999 which expires on 08212018,and is not for resale. User Notes: (1131902530) EXHIBIT A en Construction 6950 6950 South Potomac Street Centennial, Colorado 80112 303-751.1478 TEL 303-751-1627 FAX www.haselden.com HASELDEN CONSTRUCTION August 21, 2017 Pete Rice City Of Aspen 201 N. Mill St Suite 203 Aspen,CO 81611 Reference: Mill Street Traffic Improvements Dear Mr. Rice: We are pleased to submit this Lump Sum proposal for your review pricing to provide all necessary labor, materials and equipment for the Mill Street improvements per JR Engineering plans dated 9/21/16(Mill Street Complete Street) BaseBid:........................................................S143,884 CLARIFICATIONS: • We have excluded any asphalt patching as none is shown • CDOT permit will be provided by City of Aspen • Conduit will need to be laid during the sidewalk work taking place in September&October 2017 • Bore of 21 feet must take place during Mill St sidewalk work September&October 2017 • Pricing does not include temporary striping at Mill St. • Re-Mobilization of painting operation only all other work to be completed in one mobilization DOCII�MFNT Our proposal is based off documents provided to the team by City of Aspen from JR Engineering Dated 9/21/2016. Sincerely, HASELDEN CONSTRUCTION Brad Nobbe Project Manger CC:Brian Hunt Page 1 of 2 -mss r ,, � �� i�� a��i��i� _ C�ICiCi�ICi� �� ..e.�., - �,t ��-��i�� pie- -�i� .�eio �n� r�a�` ��r;��i��i�i� �t71-1�1-1�1� t�. � ��:)'1—ISI-1�1— t—.i ��"�1-1-1�1�1— ��"�'1-1-1-1�1� ��"�1-1-1-1�1� ��'�1�1-1-1�1� ��f[��1-1-1�1�1— _ ��""�1-1-1—I�1� ��"��I-1�1�1�1� ��_ iiq� ,_, ��,-�1-1-1-1—I� �S"��E�I�1�1�1— ��1-1�1�1�1� ��I—1-1—t�1� -� ��-,�. _-� =�i�i�i�iCi� _�:,E-,�,_,-,_ -Q _ . _��,_,_,_,_E- _�-,E_,_E_E_,- ��E ��E�E ,��E� ��E��E�E�� C�i�I�iCi�i� �:. -- �Jf�l-E-1-1�1� � E E E E E - ��-��E E�E�E� �—E—�—E—��E� o«-z,��E�� — o«=�� ©�-a��E�� 0. EST-aril-E-E-E-E- � sPOIEGi IDi45 an Ni11ai