Loading...
HomeMy WebLinkAboutcoa.lu.sp.City Snowmelt.A9595CITY OF ASPEN SNOWMELT RELOCATIOI 2737-073-00-861 A95-95 'td-Ck � 1 J'W J�J-�'zz�� S ,A • CITY OF ASPEN SNOWMELTER RELOCATION PROJECT 1995 < < < < < • > > > > > BID PAC%AGE PROJECT MANUAL Aspen Street Department 1080 Power Plant Road Aspen, CO 81611 Attn: Jack Reid 9701920-5145 Prepared by Schmueser Gordon Meyer, Inc. P.O. Box 2155 Aspen, CO 81611 9701925-6727 (Fax: 9254157) 0 TABLE OF CONTENTS :h'GNf�S �l t SCN.W£SfR �� G,'�DO.v arE rTR �— 0 CITY OF ASPEN SNOWMELTER RELOCATION PROJECT, 1995 TABLE OF CONTENTS BID DOCUMENTS Pages Advertisement For Bid .............................................. 1 Instruction to Bidders ............................................... 6 Narrative Description ............................................... 3 Qualification Form ................................................. 2 Corporate Acknowledgement and Ratification .............................. 1 Bid Form/Bid Schedule .............................................. 5 BidBond ........................................................ 1 Notice of Award .................................................. 2 Notice to Proceed ................................................. 1 Performance Bond ................................................. 4 PaymentBond .................................................... 3 Agreement...................................................... 4 Advertisement and Final Acceptance Form ................................ 1 GENERAL REQUIREMENTS Standard General Conditions ......................................... 36 Supplemental General Conditions ....................................... 4 SPECIFICATIONS 02101 - Removal of Structures and Obstructions ............................ 2 02200 - Excavation and Embankment ................................... 9 02201 - Excavation and Backfill for Structures ............................. 8 02221 - Trenching, Backfilling and Compaction ............................. 9 • 02222 - Embedment and Base Course Aggregate .......:..:....:.. : ........ 3 03300 - Cast -In -Place Concrete . 8 06300 - Wood and Metal Fencing, Railing and Posts ......................... 2 16010 - Electrical - General Provisions ................................... 3 1 of 1 specs\Elasb.toc • LJ BID DOCUMENTS �vGNE'S SS'F �ErWS SGN.N,ESE� 0 ADVERTISEMENT FOR BID • Sealed bids will be received at the City of Aspen, City Clerk's Office in City Hall, 130 Galena Street until 2:00 P.M., TUESDAY, OCTOBER 10, 1995, at which time the bids will be publicly opened and read aloud, for the CITY OF ASPEN 1995 SNOWMELTER RELOCATION. Complete bid packages are available from the City of Aspen, Colorado, for $10.00 per set (non-refundable), or may be viewed at the Aspen City Shop, 1080 Power Plant Road, Aspen, Co. 81611. The City reserves the right to reject any and all proposals or accept what is, in its judgment, the best bid. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all proposals submitted. The Bid Proposal must be placed in one envelope securely sealed therein and labeled: "Bid Proposal for the CITY OF ASPEN 1995 SNOWMELTER RELOCATION". Reference is made to the Instructions to Bidders for the criteria that will be used for judging the successful Bidder. Proposals may not be withdrawn for a period of thirty (30) days after the time fixed for closing them. Page 1 of 1 THE CITY OF ASPEN INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION PROJECTS • 1. The City of Aspen has advertised to invite Bidders to submit sealed Bids for a construction project which is fully described in the Contract Documents accompanying these instructions. The following instructions have been prepared to assist Bidders in the preparation of their Bids. 2. The Contract Documents for this project shall consist of the following documents: A. Invitation for Bids (Public Notice and Letters to Potential Bidders). B. Instructions to Bidders. C. Addenda, if any. D. General Conditions. E. Supplemental General Conditions, if any. F. Bid Forms. G. Bid Bond. H. Payment Bond. I. Performance Bond. J. Notice of Award. K. Agreement. L. Scope of Work M. Drawings identified in the Scope of Work, if any. N. Specifications identified in the Scope of Work, if any. 3. Information contained in the Contract Documents, as completed during the bidding and contract award process, shall be the basis for the bids, and nothing shall be deemed to change or supplement this basis except for written revisions to the above documents issued by the City of Aspen. 4. The City of Aspen reserves the right to reject any or all bids or accept what is, in its judgment, the best bid. The City further reserves the right, in the best interests of the City, to waive any technical defects or irregularities in any and all bids submitted, and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. • 5. The cost of bid preparation shall be borne solely by the persons or entities submitting bids. 6. The following procedures or steps shall be followed after the issuance or publication of Invitation for Bids: Page 1 of 6 A. Reference is made to the Invitation for Bids to determine if a pre -bid conference will be scheduled, and if so, where and when. If a pre -bid conference is scheduled, attendance at the pre -bid conference is mandatory • unless prior authorization is given by the Bid Coordinator. The costs of attendance at a pre -bid conference shall be borne entirely by the Bidder. B. Reference is made to the Invitation for Bids to determine how complete Bid Packages may be obtained. C. Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site, if any, to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect costs, progress or performance of the Work, (d) familiarize himself with the unique weather conditions of the City of Aspen and surrounding area that may affect costs, progress or performance of Work; and (e) study and carefully correlate Bidder's observations with the Contract Documents. D. Reference is made to the Supplemental General Conditions and the Invitation for Bids for the identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by the City of Aspen or a consultant in preparing any Drawings or Specifications. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may deem necessary to determine his Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. E. Reference is made to the Invitation for Bids to determine the place, date, and time for delivering sealed Bids for this project. F. Bids shall be submitted at the time and place indicated in the Invitation for Bids and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security referenced below and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face thereof. Bids submitted by facsimile machine (FAX) shall not be accepted or considered. G. Reference is made to the Invitation for Bids to determine if Bid Security is Page 2 of 6 required. If so, each Bid must be accompanied by Bid Security made payable to the City of Aspen, in an amount of five percent (5%) of the maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a Surety meeting the requirements of paragraph 5.1 of the General Conditions. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Payment and Performance Bonds, if any are required by the Supplemental General Conditions, whereupon it will be returned; if the Successful Bidder fails to execute and deliver the Agreement and furnish the require Performance and Payment Bonds, if any are required, within fifteen (15) days of the Notice of Award, the City of Aspen may annul the Notice of Award and the Bid Security of that Bidder shall be forfeited. The Bid Security of any Bidder whom the City of Aspen believes to have a chance of receiving the award may be retained by the City of Aspen until the earlier of the seventh day after the "effective date of the Agreement" (which term is defined in the General Conditions) or the sixty first (61) day after the Bid opening, whichever is later in time. Bid Security of other Bidders will be returned within seven (7) days of the Bid opening. H. Reference is made to the Contract Documents for any Bid Forms that may be required to be completed as part of the Bid. Bid Forms, if any are required, must be completed in ink or by a printer/typewriter. The Bid price must be stated in words and numerals; in case of a conflict, words will take precedence. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Bids by partnerships must be executed in the partnership named and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. I. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within twenty four (24) hours after Bids are opened, any Bidder files a duly signed written notice with the City of Aspen and promptly thereafter demonstrates to the reasonable satisfaction of the City of Aspen that there was a material and substantial mistake in the preparation of his Bid, that the Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter that Bidder shall be disqualified from further bidding on the Work. Page 3 of 6 J. At the place, date and time fixed for opening bids, all bids received prior to that time shall be publicly opened and read aloud. All bids shall remain open for a period of thirty (30) days, but the City may, in its sole discretion, release • any Bid and return the Bid Security prior to that date. K. The City shall then evaluate each bid in the best interests of the City of Aspen. The bids shall be evaluated to determine which are the lowest responsive and responsible bids. In making that evaluation, total price, the evaluation criteria set forth in the Invitation for Bids, and the following specific criteria shall be considered: The ability, capacity and skill of the bidder to perform the contract or provide the Service or Construction required; 2. Whether the bidder can perform the contract or provide the Construction promptly, or within the time specified, without delay or interference; 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder; 4. The quality of performance of previous contracts or Construction; 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or Construction; 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the Construction; 7. The affirmative action goal preferences set forth at Section 3-13(b) of the Aspen Municipal Code. S. Any other criteria for evaluating Bids set forth in the Invitation for Bids. L. Prior to accepting a bid, the City may decide to interview one or more bidders to negotiate final contract terms for inclusion in the Agreement. M. To demonstrate qualifications to perform the Work, each Bidder must be • prepared to submit within five (5) days of a request written evidence of additional information, such as financial data, previous experience or evidence of authority to conduct business in the state of Colorado N. Upon determining the successful bidder, the City of Aspen shall send to the successful bidder a Notice of Award notifying the recipient of the City's Page 4 of 6 acceptance of the bidders proposal, subject to City Council or City Manager approval of the Contract Documents. The Notice of Award shall also forward to the presumptive successful bidder three (3) unexecuted copies of the • Agreement with instructions to execute and return the same to the City within ten (10) days or risk having their bid declared abandoned. If City Council approval is required pursuant to Section 3-11 of the Aspen Municipal Code, then the City Council at its next regularly scheduled meeting following receipt by the City of the duly executed copies of the Agreement shall be asked to consider approval of the Agreement and authorize the Mayor of the City of Aspen to execute the same. If City Council approval is not required, then the Agreement shall be executed by the City Manager. O. Upon receipt of Performance and Payment Bonds, if such are required by the Supplemental General Conditions, the City shall send to the Successful Bidder a Notice to Proceed along with a copy of the Agreement duly executed by the Mayor or City Manager of the City of Aspen. 7. All purchases of construction or building materials shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. The City of Aspen's State of Colorado tax identification number is 98-04557. The City of Aspen's Federal Tax Identification Number is 84-6000563. 8. Reference is made to the Supplemental General Conditions for the nature and amount of any required Payment or Performance Bonds. 9. There are specific indemnity and insurance requirements which the Successful Bidder must comply with prior to the start of Work for this project. These requirements are set forth in detail in the General Conditions. 10. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of these instructions and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 11. Reference is made to the Invitation for Bids for the identity of the City of Aspen's Bidding Coordinator who will coordinate all aspects of the bidding and awards process. All questions about the meaning or intent of the Contract Documents shall be submitted to the Coordinator in writing. Replies will be issued by Addenda mailed or • delivered to all parties recorded by the Bidding Coordinator as having received a Bid Package. Questions received less than ten (10) days prior to the date of Bid openings may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 12. All City procurements, source selection, contract formation, legal and contractual Page 5 of 6 • • remedies, and standards of conduct relating to procurements with the City of Aspen are subject to the City's Procurement Code, Chapter 3 of the Municipal Code. Page 6 of 6 CITY OF ASPEN • SNOWMELTER RELOCATION PROJECT 1995 Narrative Description and Bid Schedule GENERAL NOTES: a. This project is for the relocation of the City of Aspen's Snowmelter Facility from its present location on Art Park Way to a new location within Recycle Circle south of the "Buffer Zone" dividing Transportation / Essential Community Services from Passive Park / Art Theme uses within the Rio Grande Master Plan. The relocation represents a distance of approximately 85 feet as shown on the attached drawing set. b. Included in the relocation work will be fairly extensive grading to prepare the receiving site adjacent to Recycle Circle and to move the berm along the west edge of Recycle Circle north and west to accommodate the new melter pit. Some coordination with the Pitkin County Recycling Center should be anticipated for the relocation of their bins and trailer to accommodate the grading and construction process. To the extent possible, any existing topsoil on the berm areas should be stripped and stockpiled for replacement on the reconfigured berm. C. Traffic control requirements should be minimal for this site but should be anticipated within the bid price. d. Existing utility alignments are based on conversations with the relevant utilities (electric and gas) and are not based on field locations. Contractors should anticipate having formal locations performed and reconfirming rerouting requirements -with the effected utilities. Contractor should also confirm that no other utilities are in conflict with the work. Utility requirements will include placement of conduit for the relocation of the electric lines (wire will be installed by the City of Aspen Electric Department). In addition, the Contractor will place piping for the rerouting of the gas line and coordinate reconnection and relocation of the meter with KN Energy. e. Salvage items from the existing snowmelter location include the melter unit, access gate assemblies (3 each) including posts and fence support frames, operations beacon and miscellaneous lighting and electrical fixtures. The Contractor may salvage any portions of the existing wood fence that are in good condition for re -use at the new pit site Excavation around the existing pit will be required to salvage the gate valve from the pit Page 1 of 3 drain line, abandon the pit drain line to the existing pit, abandon the overflow lines from the existing pit and connect the new drain and overflow lines from the new pit to the existing piping. • g. Once salvage of appropriate items and required connections around the existing melter pit are complete, any remaining above grade structures or fencing should be demolished and removed from the site to an appropriate disposal location. The pit is to be filled with a gravel or soil without debris, concrete, organics or rocks over 12 inches in diameter. The pit fill shall be placed in lifts not exceeding 24 inches and compacted to 85% Standard Proctor Density to minimize the likelihood of subsidence of soils placed over the pit structure. The lower edge of the berm slope will then be extended over the top of the existing pit but shall not cover the overflow manhole into which the new overflow line is routed. h. The Contractor shall be required to leave the site in a neat and clean condition following construction. Trash and construction debris shall be removed and disposed of in an appropriate manner. The reconfigured berm areas shall be graded and any topsoil stripped prior to regrading shall be spread on the surface. The Contractor for the snowmelter relocation will not be responsible for importing additional topsoil or any revegetation work. BID SCHEDULE: The City of Aspen Snowmelter Relocation Project will include the following general requirements (see the Itemized Bid Schedule for additional detail): Excavation and grading to prepare the upper site for the installation of the new melter pit. Salvage whatever topsoil material exists for return to the finish grade. 2. Demolition of the existing pit site including salvage of the burner unit, entry gate structures, drain valve and miscellaneous lighting and electrical items. 3. Construction of the new concrete melter pit at the Recycle Circle site. 4. Trenching for new electric and gas services to the new melter pit site from Art Park Way. 5. Trenching and installation of new overflow and drain lines from the new pit to connect with the lines at the old pit. 6. Installation of the overflow level control manhole adjacent to the new pit. 7. Installation of a new fence around the new pit site and re -installation of the entry gate structures from the old pit. Complete fence with new materials for what cannot be salvaged from the old site. 8. Complete demolition of the old pit site to adjacent grade and backfill pit with Page 2 of 3 suitable gravel material. 9. Re -grade site areas to replace berm and taper slope to cover old pit site. If additional fill is required it will be supplied by the City Parks Department through • grading of adjacent areas to accommodate a realigned trail. 10. Clean-up site and dispose of demolition materials and waste off -site. 11. Assist in the initial start-up and demonstrate that the melter unit is operational. JH/Jh 8146NBS • Page 3 of 3 QUALIFICATION FORM Is The undersigned certifies to the truth and accuracyof all statements made and questions answered. 1. How many years has your organization been in business as a private contractor? If a corporation: When incorporated In what state _ President Vice -President Secretary Treasurer If a partnership: Date of organization Type of partnership Names and addresses of all partners 2. Attach a list of major construction projects your organization has under contract as of this date. Give name of project, owner, and engineer, including addresses and phone numbers, contract date, percent complete, contract amount, and scheduled completion date. 3. Attach a list of major projects, similar to this project, your organization has completed within the past five years. Give the name of project, owner, and engineer, including addresses and phone numbers, date awarded, date completed, and contract amount. 4. Have you ever failed to complete any work awarded to you? Yes No Page lof 2 If so, where and why? 5. Bank references: 6. Trade references (materials suppliers, subcontractors): 7. Name of bonding and insurance companies and agent: 8. Maximum bonding capacity: $, 9. Attach a list of key personnel in your organization. Give name of individual, number of years experience in construction, and experience within your organization - present position and experience, $ volume responsibility, and years of -experience in previous position. Dated at This day of , 19 • Name of organization Title Page 2of 2 CORRPORATE ACKNOWLEDGEMENT AND RATIFICATION • STATE OF COLORADO ) r� U ss. COUNTY OF On this day of , 19 , before me appeared to me personally known, who, being by me duly sworn, did say that he is of Corporation, -and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation =by express authority of its board of directors pursuant to a vote taken at a duly -convened board meeting and said acknowledged said instrument to be the express act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. NAME AND TITLE (SEAL) My Commission Expires NOTARY PUBLIC Address n BID FORM October , 1995 City Engineer City of Aspen 130 South Galena Street Aspen, Colorado 81611 (303) 920-5080 RE: City of Aspen Snowmelter Relocation Project, 1995 To Whom It May Concern: The undersigned hereby states that he or she has carefully examined the project manual, drawings, and other contract documents; has fully investigated the location, character and extent of the work to be done, as described under the Invitation to Bid, for the referenced project. The undersigned further states that he or she is familiar with the type of work involved. The bidder agrees to hold this bid open for sixty days from the bid opening date. The bidder will enter into and execute a contract within 10 days from the date of the Notice of Award, if awarded on the basis of this bid, and will furnish acceptable performance bond, certificates of insurance, construction schedules, and other necessary contract documents. The undersigned declares that he or she has, in arriving at their conclusions, utilized data from the Owner, Engineer, and their own sources, which he or she believes pertinent to arriving at the amounts for the work to be completed under these contract documents. The undersigned is aware that the contract commencement time is of the essence to the Owner and that the Owner anticipates that the work be commenced on October 16, 1995. The undersigned is also aware that the contract completion time is of the essence to the Owner and that the Owner demands that all work be complete by November 15, 1995. Liquidated damages shall be paid to the Owner at the rate of $100 per day for each calendar day of delay thereafter that the work remains substantially uncompleted. Page 1 of 5 n LJ • BID SCHEDULE * * * * * * * * * * * Please complete the unit price bidding contained in the following pages. * * * * * * * * * * * Page 2 of 5 CITY OF ASPEN SNOWMELTER RELOCATION PROJECT, 1995 ITEMIZED BID SCHEDULE Estimated Unit Total Item Unit Quantity Price Price 1 . Mobilization Lump Sum L.S. 2. Clearing and Grubbing Lump Sum L.S. 3. Demolition and Salvage Lump Sum L.S. 4. Earthwork Lump Sum L.S. 5. Cast -In -Place Concrete Cubic Yard 45 6. 10" D.I.P. Overflow Line Linear Feet 145 7. 10" X 900 Bend Each 1 8. 10" x 10" Tee Each 2 9. Connect to 10" Existing Line Lump Sum L.S. 10. Install Overflow Control Manhole Each 1 11. 6" D.I.P. Drain Line Linear Foot 100 12. 6" Gate Valve (Install Only) Each 1 13. 6" x 901 Bend Each 1 14. 6" X 450 Bend Each 1 15. Connect to 6" Existing Drain Lump Sum L.S. 16. Trench with 4" PVC Conduit for Electric Line Linear Feet 125 17. Splice/Pull Boxes for Electric Service Each 2 18. Trench with 2" Gas Service Linear Feet 135 Page 3 of 5 • CITY OF ASPEN SNOWMELTER RELOCATION PROJECT, 1995 ITEMIZED BID SCHEDULE Estimated Unit Total Item Unit Quantity Price Price 19. Backfill Existing Melter Pit Cubic Yard 90 20. New Fencing Linear Feet 85 21. Pit Rail Linear Foot 25 22. Re -install Salvage Gates Lump Sum L.S. 23. Re -Install Burner Unit, Coordinate Utility Connections Lump Sum L.S. 24. Install Site Lighting and Operations Beacon Lump Sum L.S. 25. Spread Salvage Topsoil and Clean Up Site Lump Sum L.S. End of Line Items Page 4 of 5 TOTAL BID: $ (numeric) • TOTAL BID (written) • dollars and cents. Acknowledgement of receipt of Addend(a)um Number(s): Signed In submitting this bid it is understood that the right to reject any and all bids has been reserved by the Owner. Dated this day of , 1995. Name of Bidder Authorized Officer specs\8146B.bf Telephone Number Title Address Page 5 of 5 • BID BOND STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS, that hereinafter called the Principal, and a corporation duly organized under the laws of the State of hereinafter called the Surety, are held and the City of Aspen, Colorado, hereinafter called the Obligee, in the sum of ($ ), for the payment of which sum well and truly to be made, the said Principal and the Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents; Whereas, the Principal has submitted a bid for construction of NOW THEREFORE, if the Obligee shall accept the Bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such Bid, and give such bond or bonds as may be specified in the Bid Package or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principle shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the obligee may in good faith contract with another party to perform the work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. SIGNED AND SEALED this day of ) 19 PRINCIPAL (sue) Title Attest Title SURETY (seal) By Title 1 of 1 specs\8146B.bb NOTICE OF AWARD CONTRACT FOR CONSTRUCTION • CITY OF ASPEN SNOWMELTER RELOCATION PROJECT 1995 1995 (Name of Contractor) (Address) Dear This is to inform you that following the opening of Bids on , 1995, for the above referenced project, all bids received were evaluated in accordance with the criteria set forth in the Invitation to Bid and determination was made that your bid was the lowest responsible and responsive bid. Accordingly, the City of Aspen hereby accepts your bid to perform the work outlined in the bid documents for an amount not to exceed Thousand, Hundred and Dollars and Cents ($ ), subject to approval by the City Council of the City of Aspen. This contract will be presented to the City Council for their approval on , 1995. Your attendance at this meeting is not necessary although you are certainly welcome to attend. In accordance with the provisions set forth in the Contract Documents, you must comply with the following conditions precedent within seven (7) days of the date of this Notice of Award, that is by 5:00 p.m. , 1995. 1. You must deliver to the City of Aspen three (3) fully executed counterparts of the Agreement. You must comply with the following conditions precedent within twelve (12) days of the date of this Notice of Award, that is by 12:00 noon, 1995. 1. You must deliver the Contract Security. 2. You must deliver proof of insurance coverage, with the City of Aspen named as co-insured, as specified in the Bid Package and proof of Workmen's Compensation coverage. Page 1 of 2 Failure to comply with these conditions within the time specified will entitle the City of Aspen to consider your bid abandoned, to annual this Notice of Award, and to declare your Bid Security forfeited. • Within ten (10) days after you comply with these conditions or following City Council approval, whichever occurs last, the City of Aspen will return to you one fully signed counterpart of the Contract, together with a Notice to Proceed. • Thank you for your bid and congratulations on being the successful bidder for this project. Sincerely, CITY OF ASPEN LN Amy L. Margerum, City Manager specs\8146B.noa Page 2 of 2 NOTICE TO PROCEED • CONTRACT FOR CONSTRUCTION CITY OF ASPEN SNOWMELTER RELOCATION PROTECT 1995 , 1995 (Name of Contractor) (Address) Dear Enclosed please find an executed copy of the Agreement for the above referenced Project. You are hereby authorized to proceed with the work as described in the Contract Documents. Again, thank you for your interest in our Project and for your successful Bid. Sincerely, CITY OF ASPEN is By: Amy L. Margerum, City Manager specs\8146B.ntp PERFORMANCE BOND • KNOWN ALL MEN BY THESE PRESENTS: That (Name of Contractor) (Address of Contractor) a , as Principal, (Corporation, Partnership, or Individual) hereinafter called Contractor, and (Name of Surety) (Address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto The City of Aspen, Colorado, a municipal corporation and home -rule City, as Obligee, hereinafter called Owner, in the amount of in lawful money of the United States for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these present. WHEREAS, Contractor has by written agreement dated , 19 , entered into a contract with Owner for in accordance with the drawings and specifications prepared by is (Here inset full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, if Contractor shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Contract during the original Page 1 of 4 term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranty period, and if Contractor shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall • reimburse and repay the Owner all outlay and expense which the Owner 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 Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner'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 Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, 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 Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. (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. This bond is intended to be in satisfaction of, and in addition to, the bond required pursuant to Secuon 380260106, C.K.S., as amended. This bond, as a penalty and indemnification bond, shall also entitle Owner 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 Owner to the extent of any and all payments in connection with the carrying out of the contract which the Owner may be required to make under the law by any reason of such failure or default by the Contractor. Further, Surety and Contractor shall protect, defend, indemnify and save harmless the Owner's officers, agents, servants, and employees from and against all claims and actions and Page 2 of 4 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 Owner will assume the defense of any claim or action brought against the owner. • No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the employees, agents, administrators or successors of Owner. IN WITNESS WHEREOF this instrument is executed in counterparts, each one of which shall be deemed an original, this day of , 19 ATTEST: Address ATTEST: Principal (i.e. Contractor) (Principal) Secretary Address Witness as to Principal Surety Is Secretary Attorney -in -fact Witness as to Surety Address (Surety) Page 3 of 4 • Address U Countersigned by: Colorado Resident Agent for Surety NOTE: Date of BOND must not be prior to date of CONTRACT. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. specs\8146B.pfb Page 4 of 4 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That is (Name of Contractor) a (Address of Contractor) (Corporation, Partnership, or Individual) (Name of Surety) as Principal, and (Address of Surety) hereinafter called Surety, are held and firmly bound unto The City of Aspen, Colorado, a municipal corporation and home -rule city, as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow provided in the amount of ), for payment whereof Principle and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principle has by written agreement dated 19 , entered into a contract with Owner for in accordance with the drawings and specifications prepared by (Here insert full name, title and address) iwhich contract 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 Principle shall promptly make payment to all claimants hereinafter defined, for all labor and material used or reasonable 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: Page 1 of 3 1. A claimant is defined as having a direct contract with the Principle or with a 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 -named Principle and Surety hereby jointly and severally agree with the Owner 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 Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal shall have given written notice to any two of the following: The Principal, the Owner, 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, Owner 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. (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 Owner and Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Page 2 of 3 • IN WITNESS WHEREOF, this instrument is executed in _ of which shall be deemed an original, this day of ATTEST: (Principal) Secretary Witness as to Principal ATTEST: Address counterparts, each one , 19 Principal (i.e. Contractor) M. Address Surety By (Surety) Secretary Attorney -in -fact Witness as to Surety Countersigned by: Address Colorado Resident Agent for Surety DATE: Date of BOND must not be prior to date of CONTRACT. If CONTRACTOR is • Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. specs\8146B.pyb Page 3 of 3 9 19 • AGREEMENT THIS AGREEMENT made as of the day of _ , by and between the CITY OF ASPEN, Colorado, ("Owner") and k"Contractor"). WHEREAS, the Owner has caused to be prepared, in accordance with the law, specifications and other contract documents for the Work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project titled: City of Aspen Snowmelter Relocation Project, 1995. WHEREAS, Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the Owner, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the Owner, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor an Agreement therefore, for the sum or sums named in the Contractor's Bid; NOW, THEREFORE, in consideration of the payments and Agreement hereinafter mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) calendar days after the date of the NOTICE TO PROCEED and will complete the same by the date and time indicated in the Supplemental Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. El The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed DOLLARS ($ ) or as shown on the BID schedule. 5. The term "Contract Documents" means and includes the documents listed in the Supplemental Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. Page 1 of 4 6. The Owner shall pay to the Contractor in the manner and at such time as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This agreement shall be binding upon all parties hereto and their respective heirs, ofexecutors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this agreement shall be subject to the City of Aspen Procurement Code, Chapter 3 of the Municipal Code, including the approval requirements of Section 3-11. This agreement shall not be binding upon the Owner unless duly executed by City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a Resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the Owner and the Contractor respectively and their agents, representatives, employees, successors, assigns and legal representatives. Neither the Owner 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. 9. This Agreement 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 Contractor of Owner 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 Owner or Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The Parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Agreement 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 Agreement. 14. The undersigned representative of Contractor, as an inducement to the Owner to execute this Agreement, represents that s/he is an authorized representative of the Contractor for the purposes of executing this Agreement and that s/he has full and complete authority Page 2 of 4 to enter into this agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. OWNER: ATTESTED BY: CITY OF ASPEN, COLORADO RECOMMENDED FOR APPROVAL: Director of Public Works APPROVED AS TO FORM: City Attorney Finance Director ATTESTED BY: 0 CONTRACTOR: Page 3 of 4 0 STATE OF COLORADO COUNTY OF PITKIN 19 CONTRACTOR'S AFFIDAVIT ss. The foregoing was acknowledged before me this by of Contractor. Witness my hand and official seal. My Commission expires: agr-consbid - Version 7/94 specs\8146b.agr day of whose title is Page 4 of 4 • ADVERTISEMENT AND FINAL ACCEPTANCE FORM (In Triplicate) (Date) TO: You are hereby notified that the following advertisement for Final Payment appeared in a local newspaper dated , 19 "After thirty (30) days from , 19 , the City of Aspen, Owner, will pay to , Contractor, the full balance due on the project, , covered by General Conditions. All persons having claims for labor, rentals, services, or materials furnished under this Contact, who shall not have been paid therefor, shall present the same to the Owner in writing and verified prior to date specified above, or the Owner shall be free of all liabilities for attempting to obtain payment to such persons by the Contractor." Subject to the terms of the Contract Documents, a Final Payment Check is attached hereto in the amount of ($_ ), by the acceptance of which the Contractor thereby warrants that all persons doing work upon or furnishing materials for work under this contract have been paid in full. Failure to sign, approve and return one copy of this form, or to protest, within ten (10) days constitutes proof of approval and acceptance by the Contractor of the final amount due under the contract. LE For: THE CITY OF ASPEN The final amount paid and the terms and conditions set forth herein and in the Contract Documents are approved and accepted. 0 By: For: Contractor specs\8146B.faf Page 1 of 1 r� u GENERAL REQUIREMENTS +C.vEE°S SS R �f Yp45 SC�+..rt .F' Cow..rEK4 �- THE CITY OF ASPEN STANDARD GENERAL CONDITIONS Is FOR CONSTRUCTION CONTRACTS These Standard General Conditions have been prepared by the City of Aspen to be incorporated by reference into Agreements entered into between contractors and the City of Aspen, Colorado. The provisions herein are interrelated with other standard Contract Documents customarily used by the City of Aspen and a change in one may necessitate a change in others. ARTICLE 1 - DEFINITIONS 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 or the Contract Documents. Agreement - The written agreement between Owner and Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment - The form accepted by Architect which is to be used by Contractor in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bid Package - All information -and -standard Contract Documents prepared by the City to assist potential bidders to prepare their bids. Bonds - Bid, performance and payment bonds and other instruments of security. Change Order - A document recommended by Architect, which is signed by Contractor and Owner and authorizes an additiun, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents - The Invitation to Bid, Instructions to Bidders, Request for Proposals, Addenda, General Conditions, Supplemental Conditions, Bid Forms, Bid Bond, Notice of Award, Agreement, Payment and Performance Bonds, Drawings identified in the Request for Proposals or attached as part of the Bid, and Specifications identified in the Request for Proposals or attached as part of the Bid. Contract Price - The money's payable by Owner to Contractor under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time - The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. Contractor - The person, firm or corporation with whom Owner has entered into the Agreement. 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 Architect's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with paragraph 14.8 or 14.10) Drawings - The drawings which show the character and scope of the Work to be performed and which have been • prepared or approved by Architect are referred to in the Contract Documents. Effective Date of the Agreement - 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. Architect - The person, firm or corporation named as such in the Agreement. The Owner may appoint a City employee to function as the Architect. Field Order - A written order issued by Architect which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements - Sections of Division I of the Specifications. Laws and Regulations; Laws or Regulations - Laws, rules regulations, ordinances, procurement code and/or orders. Notice of Award - The written notice by Owner to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. Notice to Proceed - A written notice given by Owner to Contractor (with a copy to Architect) 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. Owner - The City of Aspen. 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. 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. Procurement Code - Chapter 3 of the City of Aspen Municipal Code. Resident Project Representative - The authorized representative of Architect who is assigned to the site or any part thereof. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for 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 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. Page 2 of 36 Subcontractor - An individual, firm or corporation having a direct contract with Contractor or with any other Subcontractor 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 Architect as evidenced by Architect's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (for specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplemental Conditions - The part of the Contract Documents which amends or supplements these General Conditions. Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor 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, sewage and drainage removal, traffic or other control systems or water. Unit Price Work - Work to be paid for on the basis of 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. Work Directive Change - A written directive to Contractor, issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Architect. Ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment - A written amendment of the Contract Documents, signed by Owner and Contractor on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly Work -related aspects of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS Delivery of Bonds: w2.1 When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to Owner such Bonds as Contractor may be required to furnish in accordance with paragraph 5.1. Copies of Documents: Page 3 of 36 2.2 Owner shall furnish to Contractor up to three copies (unless otherwise specified in the Supplemental 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. Commencement of Contract Time, Notice to Proceed: 2.3 Prior to Owner issuing 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 Owner's employees, either directly, indirectly, or by implication, no Agreement shall be in effect nor shall be binding upon Owner until such time as the Agreement is executed by Owner pursuant to authority granted in accordance with Section 3-11 of the Procurement Code. Owner shall issue a Notice to Proceed after either (a) the City Manager has executed the Agreement, or (b) Owner's City Council has authorized the execution of the Agreement by the Mayor, and (c) the Contractor has executed the Agreement and other Contract Documents, and has delivered the specified bonds, Certificates of Insurance, if any are required, and any other documents required to be delivered by the Supplemental Conditions. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or on the day indicated in the Notice to Proceed. Starting the Project: 2.4 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. Before Starting the Project: 2.5 Before undertaking each part of the Work. Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to Architect any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Architect before proceeding with any Work affected thereby. 2.6 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the Supplemental Conditions or General Requirements), Contractor shall submit to Architect for review. 2.6.1 An estimated progress schedule indicating -the starting and completion dates ofthe-+ariousstages of the Work; 2.6.2 A preliminary schedule of Shop Drawing submissions: and 2.6.3 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. 2.7. Before any Work at the site is started, Contractor shall deliver to Owner, with a copy to Architect, certificates (and other evidence of insurance requested by Owner) which Contractor is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. Preconstruction Conference: 2.8 Within twenty days after the Effective Date of the Agreement, but before Contractor starts the Work at the site, a conference attended by Contractor, Architect and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals E Page 4 of 36 and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9. At least ten days before submission of the first Application for Payment a conference attended by Contractor, Architect and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. The finalized progress schedule will be acceptable to Architect as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on Architect responsibility for the progress or scheduling of the Work nor relieve Contractor from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to Architect as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to Architect as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between Owner and 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. 3.2 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 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 Agreement 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 Owner, Contractor or Architect, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Architect, or any of Architect's .consultants, agents or employee, i, 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 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by Architect as provided in paragraph 9.4. 3.3 If, during the performance of the Work, Contractor finds a conflict, error or discrepancy in the Contract Documents, Contractor shall so report to Architect and Owner in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from Architect. iAmending and Supplementing Contract Documents: 3.4. 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: 3.4.1. A formal Written Amendment; Page 5 of 36 3.4.2. A Change Order (pursuant to paragraph 10.4); or, 3.4.3. A Work Directive Change (pursuant to paragraph 10.1). As indicated in paragraphs 11.2 and 12.1. Contract Price and Contract Time may only be changed by a Change i Order or a Written Amendment. 3.5. 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: 3.5.1. A Field Order (pursuant to paragraph 9.5). 3.5.2. Architect's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27); or, 3.5.3. Architect's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.6. Neither 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 Owner shall have or acquire any title to or ownership rights in any of the Drawings. Precedence of Contract Documents: 3.7 The Agreement governs over the Contract Documents. A Change Order governs over all other Contract Documents. The Supplemental Conditions govern over the General Conditions. ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS Availability of Lands: 4.1. Owner 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, and such other lands which are designated -for the use of Contractor. 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. Physical Conditions: 4.2.1. EXPLORATIONS AND REPORTS: Reference is made to the Supplemental Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by Architect in preparation of the Contract Documents. Contractor may reasonably rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. 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. Page 6 of 36 4.2.2. EXISTING STRUCTURES: Reference is made to the Supplemental 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 Architect in preparation of the Contract Documents. Contractor may reasonably rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6 Contractor shall have full responsibility with respect to physical conditions in or relating to such structures. 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 Contractor believes that: 4.2.3.1. Any technical data on which 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. Contractor shall promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.22 notify Owner and Architect in writing about the inaccuracy or difference. 4.2.4. ARCHITECT'S REVIEW: Architect will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise Owner in writing (with a copy to Contractor) of Architect's findings and conclusions. 4.2.5. POSSIBLE DOCUMENT CHANGE: If Architect 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 Work Directive Change or 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. If Owner and Contractor are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Articles 11 and 12. 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 Owner or Architect by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplemental Conditions: 4.3.1.1. Owner and Architect shall not be responsible for the accuracy or completeness of any such • information or data; and, 4.3.1.2. Contractor shall have full responsibility for determining the existence of all Underground Facilities, for reviewing and checking 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 6.20 and repairing any Page 7 of 36 damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 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 6.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to Owner and Architect. Architect 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 6.20. 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 which Contractor could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, Contractor may make a claim therefor as provided in Articles I 1 and 12. Reference Points: 4.4. Owner shall provide engineering surveys to establish reference points for construction which in Architect'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 relocations without the prior written approval of Owner. Contractor shall report to Architect 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 professionally qualified personnel. Protection of Existing Vegetation: 4.5 Contractor shall preserve and protect existing vegetation such as trees, shrubs, and grass on or adjacent to the work site which are not indicated to be removed and which do not unreasonably interfere with the construction work and he shall replace in kind the vegetation, shrubs and grass damaged by him at his own expense. Asbestos and Polyelilorinated biphenyl 4.6 In the event Contractor encounters on the site material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, and which has not been identified previously by the specifications or project drawings, the Contractor shall immediately stop Work in the area affected and report the condition to the Architect and Owner in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless. ARTICLE 5 - BONDS, INDEMNIFICATION AND INSURANCE • Performance and Other Bonds: 5.1. Contractor shall furnish performance and payment Bonds, each in an amount specified in the Page 8 of 36 Supplemental Conditions as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Supplemental Conditions. All Bonds shall to 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. 5.2. 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 Owner. Indemnification: 5.3. Contractor agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if 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 act, omission, error, professional 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 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 of Aspen, agrees to pay the City of Aspen or Teimburse the City of Aspen for the defense costs incurred by the City of Aspen in connection with, any such liability, claims, or demands. The Contractor also agrees to bear -all -other -costs and -expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. 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 of Aspen, its officers, or its employees, the City of Aspen shall reimburse the Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City of Aspen, its officers, or employees. Contractor's Insurance: 5.4.1. 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 5.3 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 5.3 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. • 5.4.2. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to Owner. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 5.3 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. Page 9 of 36 5.4.2.1. Workmen'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 FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self -insured status may be substituted for the Workmen's Compensation requirements of this paragraph. 5.4.2.2. Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) 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. 5.4.2.3. 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 5.4.2.3 shall be met by each employee of the Contractor providing services to the Owner under this contract. 5.4.3. 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. 5.4.4. The certificate of insurance provided by the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, 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 coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City of Aspen. 5.4.5. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which Owner may immediately terminate this contract, or at its discretion Owner may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by Owner shall be repaid by Contractor to Owner upon demand, or Owner may offset the cost of the premiums against monies due to Contractor from Owner. 5.4.5. Owner reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 5.4.6. 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 (presently $150,000.00 per person and $400,000 per occurrence) 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 Page 10 of 36 officers, or its employees. Owner's Liability Insurance: • 5.5. 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 Contractor reasonable notice of any changes in its membership or participation in CIRSA. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence. 6.1. 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. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. Contractor shall be responsible to see that the fmished Work complies accurately with the Contract Documents. 6.2. 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 Owner and Architect except under extraordinary circumstances. The superintendent will be Contractor's representative at the site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to Contractor. Labor, Materials and Equipment: 6.3. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. 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 Contractor will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without Owner's written consent given after prior written notice to Architect. 6.4. Unless otherwise specified in the General Requirements, 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. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Architect, 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 Architect, or any of Architect's consultants, agents or employees, any Page 11 of 36 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 9.15 or 9.16. Adjusting Progress Schedule: • 6.6. Contractor shall submit to Architect for acceptance (to the extent indicated in paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes of "or -equal" Items: 6.7.1. 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 Architect if sufficient information is submitted by Contractor to allow Architect to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by Architect 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 Architect from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make written application to Architect 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 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 Owner 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 form 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 Architect in evaluating the proposed substitute. Architect may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to Architect. The procedure for review by Architect will be similar to that provided in paragraph 6.7.1 as applied by Architect and as may be supplemented in the General Requirements. 6.7.3. Architect will be allowed a reasonable time within which to evaluate each proposed substitute. Architect will be the sole judge of acceptability, and no substitute will be ordered, installed for utilized without Architect's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. Architect will record time required by Architect and Architect's consultants in evaluating substitutions proposed by Contractor and in making changes in the Contract Documents occasioned thereby. Whether or not Architect accepts a proposed substitute, Contractor shall reimburse Owner for the charges of Architect and Architect's consultants for evaluating each proposed substitute. Concerning Subcontractors, Suppliers and Others: Page 12 of 36 6.8.1. Contractor shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to Owner and Architect as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom Owner or Architect may have reasonable objection. • 6.8.2. If the Supplemental 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 Owner in advance of the specified date prior to the Effective Date of the Agreement for acceptance by Owner and Architect and if Contractor has submitted a list thereof in accordance with the Supplemental Conditions, Owner's or Architect'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 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 Change Order will be issued or Written Amendment signed. No acceptance by Owner or Architect of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of Owner or Architect to reject Defective Work. 6.9. Contractor shall be fully responsible to Owner and Architect for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under 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 Owner or Architect and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of Owner or Architect 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. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for Contractor by a Subcontractor will be -pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the Applicable terms and conditions of the Contract Documents for the benefit of Owner and Architect and contains waiver provisions as required by paragraph 5.11. Contractor shall pay each Subcontractor a just share of any insurance moneys received by Contractor on account of losses. Patent Fees and Royalties: 6.12. 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 Owner and Architect 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 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. Permits: 6.13. Unless otherwise provided in the Supplemental Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and Page 13 of 36 licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids on the Effective Date of the Agreement. Contractor shall pay all charges of utility owners for connections to the Work, and Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. • Laws and Regulations: 6.14.1. 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 Owner nor Architect shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. 6.14.2. If Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations, Contractor shall give Architect prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, and without such notice to Architect, Contractor shall bear all costs arising therefrom. Taxes: 6.15. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. 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. 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 Owner or Architect by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such other -party by agreement or otherwise resolve the claim by arbitration or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold Owner and Architect 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 and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against Owner or Architect to the extent based on a claim arising out of Contractor's performance of the Work. 6.17. During the progress of the Work, 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 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 Owner. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or Page 14 of 36 pressures that will endanger it. Record Documents: 6.19. 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 (issued pursuant to paragraph 9.4) 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 Architect for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to Architect for Owner. Safety and Protection: 6.20. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.29.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and -materials and equipment to be incorporated therein, whether in storage on or off the site; and 620.3. 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. 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. 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 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by 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 Contractor. 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 Architect has issued a notice to Owner and Contractor in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Contractor shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 0 Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, Contractor, without special instruction or authorization from Architect or Owner, is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Architect prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have Page 15 of 36 been caused thereby. If Architect determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: s 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, Contractor shall submit to Architect for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.9), or for other appropriate action if so indicated in the Supplemental Conditions, five copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that Contractor has satisfied Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as Architect 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 Architect to review the information as required. 6.24. Contractor shall also submit to Architect 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 Contractor has satisfied 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. 6.25.1 Before submission of each Shop Drawing or sample, 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. 6.25.2 At the time of each submission, Contractor shall give Architect 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 Architect for review and approval of each such variation. 6.26. Architect will review and approve with reasonable promptness Shop Drawings and samples, but Architect'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, 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. Contractor shall make corrections required by Architect, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Architect on previous submittals. 6.27. Architect's review and approval of Shop Drawings or samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Architect's attention to each such variation at the time of submission as required by paragraph 6.25.2 and Architect 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 Architect relieve Contractor from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.25.1. Page 16 of 36 6.28. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to Architect's review and approval of the pertinent submission will be the sole expense and responsibility of Contractor. • Continuing the Work: 6.29. Contractor shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted herein or as Contractor and Owner may otherwise agree in writing. ARTICLE 7 - OTHER WORK Related Work at Site: 7.1. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If Contractor believes that such performance will involve additional expense to Contractor or requires additional time and the parties are unable to agree as to the extent thereof, Contractor may make a claim therefor as provided herein. 7.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner if Owner is performing the additional work with Owner'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. 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. 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 Architect 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 Contractor in said direct contracts between Owner and such utility owners and other contractors. 7.3. If any part of Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Architect in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure so to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work except for latent or nonapparent defects and deficiencies in the other work. Coordination: 7.4. If Owner 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 Supplemental • 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 Supplemental Conditions. Unless otherwise provided in the Supplemental Conditions, neither Owner nor Architect shall have any authority or responsibility in respect of such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES Page 17 of 36 8.1. Owner shall issue all communications to Contractor through Architect. 8.2. In case of termination of the employment of Architect, Owner shall appoint an architect whose status under the Contract Documents shall be that of the former Architect. • 8.3. Owner shall furnish the data required of Owner under the Contract Documents promptly and shall make payments to Contractor promptly after they are due as provided herein. Appropriations 8.4 Owner represents that an amount of money equal to or in excess of the Contract Price has been duly appropriated in accordance with the Municipal Code of the City of Aspen. Owner shall not issue any Change Order, Written Amendment, or Work Directive Change requiring additional compensable work, which work causes the aggregate amount appropriated by Owner, unless the Contractor is given a written assurance that a lawful appropriations to cover the costs of the additional work shall be made. ARTICLE 9 - ARCHITECT'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. Architect shall be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Architect as Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Architect. Visits to Site: 9.2. Architect 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. Architect shall be required to make on -site inspections to observe the quality or quantity of the Work. Architect's efforts will be directed toward providing for Owner 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, Architect will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. Project Representation: 9.3. If Owner and Architect agree, Architect will furnish a Resident Project Representative to assist Architect in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplemental Conditions. If Owner designates another agent to represent Owner at the site who is not Architect's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplemental Conditions. Clarification and Interpretations: • 9.4. Architect 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 Architect may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. IF Contractor believes that a written clarification or interpretation justifies an increase in the Page 18 of 36 Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof. Contractor may make a claim therefor as provided herein. • Authorized Variations in Work: 9.5. Architect may 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 Field Order and will be binding on Owner, and also on Contractor who shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefor as provided herein. Rejecting Defective Work: 9.6. Architect will have authority to disapprove or reject Work which Architect believes to be Defective, and will also have authority to require special inspection or testing of the Work as provided hereinbelow, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with Architect's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with Architect's responsibilities as to change orders, see Articles 10, 11 and 12. 9.9. In connection with Architect's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. Architect will determine the actual quantities and classifications of Unit Price Work per -formed by Contractor, Architect will review with Contractor preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Architect's written decisions thereon will be final and binding upon Contractor, unless, within ten days after the date of any such decision, Contractor delivers to Owner and to Architect written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. Architect 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 1 I and 12 in respect of changes in the Contract Price or Contract Time shall be referred initially to Architect in writing with a request for a formal decision in accordance with this paragraph, which Architect will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter by Contractor will be delivered to Architect and Owner 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 Architect and Owner within sixty days after such occurrence unless Page 19 of 36 Architect allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. The rendering of a decision by Architect pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter shall be a condition precedent to any exercise by Contractor of such rights or • remedies as Contractor may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Owner shall not be bound by any initial interpretation by Architect of the requirements of the Contract Documents, judgment on the acceptability of the Work thereunder, or formal decision made by the Architect in accordance with paragraph 9.10 or 9.11. Any dispute not resolved by the initial decision of the Architect shall be decided by Owner, who shall reduce the decision in writing and furnish a copy thereof to Contractor and Architect. The decision of the Owner 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 Architect's interpretation. Limitations on Architect's Responsibilities: 9.13. Neither Architect's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by Architect in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Architect to Contractor, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.14. 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 Architect 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 Architect 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. ARTICLE 10 - CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to -any surety, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If Owner and Contractor are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article 11 or Article 12. 10.3. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and • supplemented as provided in paragraphs 3.4 and 3.5. except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in paragraph 13.9. 10.4. Owner and Contractor shall execute appropriate Change Orders (or Written Amendments) covering: 10.4.1. Changes in the Work which are ordered by Owner pursuant to paragraph 10.1. are required Page 20 of 36 because of acceptance of Defective Work under paragraph 13.13 or correcting Defective Work under paragraph 13.14 or are agreed to by the parties: • 10.4.2. Changes in the Contract Price or Contract Time which are agreed to by the parties: and 10.4.3. Changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by Architect pursuant to paragraph 9.11. provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to Architect promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless Architect allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by Architect in accordance with paragraph 9.11 if Owner and Contractor cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract -Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3. inclusive). 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit • not necessarily in accordance with paragraph 11.6.2.1). 11.3.3. On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a Contractor's fee for overhead and profit (determined as provided in paragraphs 11.6 and 11.7). Cost of the Work: Page 21 of 36 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 1 1.5: • 11.4.1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent prior written authorization was obtained from Owner. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to Owner and Contractor shall make provisions so that they may be obtained. 11.4.3. Payments made by Contractor to the Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to Owner who will then determine, with the advice of Architect, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as Contractor's cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including -but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of Contractor. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Architect, and the costs of transportation, loading, unloading, • installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. Page 22 o: 36 11.4.5.5. Deposits lost for causes other than negligence of Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. • 11.4.5.6. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.7. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.8. Cost of premiums for additional bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by Owner in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by Contractor whether at the site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered -by the Contractor's fee. 11.5.2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 11.5.3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required -by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.8 above). 11.5.5. Costs due to the negligence of Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and costs of any item not specifically and expressly included in paragraph 11.4. Contractor's Fee. 11.6. The Contractor's fee allowed to Contractor for overhead and profit shall be determined as follows: is11.6.1. A mutually acceptable fixed fee, or if none can be agreed upon, 11.6.2. A fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. For costs incurred under paragraphs 11.4.1 and 11.4.2, the Contractor's Fee shall be fifteen percent: Page 23 of 36 11.6.2.2. For costs incurred under paragraph 11.4.3. the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to Contractor on account of overhead and profit of all Subcontractors shall be fifteen percent; is 11.6.2.3. No fee shall be payable on the basis of costs itemized under paragraphs 11.4.4., 11.4.5 and 11.5; 11.6.2.4. The amount of credit to be allowed by Contractor to Owner for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in Contractor's Fee by an amount equal to ten percent of the net decrease; and 11.6.2.5. When both additions and credits are involved in any one change, the adjustment in Contractor's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5. Contractor will submit in form acceptable to Architect an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to Architect. Contractor agrees that: 11.8.1. The allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and, 11.8.2. Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by Architect to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each is as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Architect in accordance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Page 24 of 36 Contractor's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by Contractor differs materially and • significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if Contractor believes that Contractor has incurred additional expense as a result thereof, Contractor may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. ARTICLE 12 - CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim by Contractor for an extension or shortening of the Contract Time shall be based on written notice delivered by Contractor to the Owner and to Architect promptly (but in no event later than seven (7) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within ten (10) days after such occurrence (unless Architect allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by Architect in accordance with paragraph 9.11 if Owner and Contractor cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of Contractor if a claim is made therefor as provided in paragraph 12.1. Such delays shall include, but not be limited to, acts or neglect by Owner or others performing additional work as contemplated by Article 7, or to fires, floods, abnormal weather conditions (for the Aspen, Colorado, area) or acts of God. 12.3. All time limits stated in the Contract documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery by Owner for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by Contractor. ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty: 13.1.1. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be Defective. All Defective Work, whether or not in place, may 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 to be free from faulty • materials and workmanship for a period of not less than one year from date of Final Acceptance, which one year period shall be covered by the Performance Bond and Payment Bond as specified in the Contract Documents. 13.1.2. Contractor, at no additional expense to Owner, shall remedy damage to equipment, the site, or the buildings or the contents thereof which is the result of any failure or defect in the Work, and restore any work damaged in fulfilling the requirements of the Agreement. Page 25 of 36 Access to Work: 13.2. Architect and Architect's representatives, other representatives of Owner, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. Contractor shall give Architect timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Architect the required certificates of inspection, testing or approval. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owners or Architect'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 Contractor's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by Contractor (unless otherwise specified). 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to Owner (or by Architect if so specified). 13.6 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of Architect, it must, if requested by Architect, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Architect timely notice _of Contractor's intention to cover the same and Architect has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by Architect nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written request of Architect it must, if requested by Architect, be uncovered for Architect's observation and replaced at Contractor's expense. 13.9. If Architect considers it necessary or advisable that covered Work be observed by Architect or inspected or tested by others, Contractor, at Architect's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Architect may require, that portion of the Work in question, furnishing all necessary labor, material and equipments. If it is found that such Work is Defective, 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 Owner shall be entitled to an appropriate decrease in the Contract Price. Owner May Stop The Work: • 13.10. If the work is defective, or 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, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for Page 26 of 36 such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party. • Correction or Removal of Defective Work: 13.11. If required by Architect or Owner, 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 Architect or Owner, remove it from the site and replace it with nondefective Work. 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. One Year Correction Period. 13.12. If within one year 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, Contractor shall promptly without cost to Owner and in accordance with Owner's written instructions, either correct such Defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with nondefective Work. If 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, Owner 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 Contractor. In special circumstances where a particular item of equipment 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. Acceptance of Defective {fork: 13.13. If, instead of requiring correction or removal and replacement of Defective Work, Owner prefers to accept it, Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such Defective Work. If any such acceptance occurs prior to Architect's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. Owner May Correct Defective Work: 13.14. If Contractor fails within a reasonable time after written notice of Architect or Owner to proceed to correct and to correct Defective Work or to remove and replace rejected Work as required by Architect or Owner in accordance with paragraph 13.11, or if Contractor fails to perform the Work in accordance with the Contract • Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph Owner shall proceed expeditiously to the extent necessary to complete corrective and remedial action. Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of 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 Owner has paid Contractor but which are stored elsewhere. Contractor Page 27 of 36 shall allow Owner, Owner's representatives, agents and employees such access to the site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies will be charged against Contractor, and a Change Order will be issued incorporating the necessary 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 and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's Defective Work. 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 Owner of Owner's rights and remedies hereunder. Unauthorized Work: 13.15. Work performed beyond the lines and grades on the Drawings or approved Shop Drawings and extra work done without written authorization, will be considered as unauthorized work, and the Contractor will receive no compensation therefor. If required by Owner, unauthorized work will be remedied, removed, or replaced by the Contractor at the Contractor's expense. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Architect. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month), Contractor shall submit to Architect for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which will be satisfactory to Owner. The amount of retainage with respect to progress payments will be as stipulated in the Supplemental Conditions. Contractor's Warranty of Title: 14.3. Contractor warrants and guarantees that title to all Work, materials and equipment covered by any • Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: Page 28 of 36 14.4. Architect will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Architect's reasons for refusing to recommend payment. In the latter case, Contractor may • make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment with Architect's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by Owner to Contractor. 14.5. Architect's recommendation of any payment requested in an Application for Payment will constitute a representation by Architect to Owner, based on Architect's on -site observations of the Work in progress and on Architect's review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that to the best of Architect'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 under paragraph 9.10, and to any other qualifications stated in the recommendation); and that Contractor is entitled to payment of the amount recommended. However, by recommending any such payment Architect 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 Architect in the Contract Documents or that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or Owner to withhold payment to Contractor. 14.6. Architect's recommendation of final payment will constitute an additional representation by Architect to Owner that the conditions precedent to Contractor's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. Architect may refuse to recommend the whole or any part of any payment if, in Architect's opinion, it would be incorrect to make such representations to Owner. Architect 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 Architect's opinion to protect Owner from loss because: 14.7.1. The Work is Defective, or completed Work has been damaged requiring correction or replacement; 14.7.2. The Contract Price has been reduced by Written Amendment or Change Order; 14.7.3. Owner has been required to correct Defective Work or complete Work in accordance with paragraph 13.14; or, 14.7.4. Of Architect's actual knowledge of the occurrence of any of the events enumerated in Article 15. Owner may refuse to make payment of the full amount recommended by Architect because claims have been made against Owner on account of Contractor's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling Owner to a set-off against the amount isrecommended, but Owner must give Contractor immediate written notice (with a copy to Architect) stating the reasons for such action. Substantial Completion: 14.8. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Page 29 of 36 Architect in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Architect issue a certificate of Substantial Completion. Within a reasonable time thereafter, Owner, Contractor and Architect shall make an inspection of the work to determine the status of completion. If Owner does not consider the Work satisfactorily complete, Architect or Owner shall • notify Contractor in writing giving the reasons therefor. If Owner considers the Work substantially complete, Architect will prepare and deliver to Contractor a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. At the time of delivery of the tentative certificate of Substantial Completion Architect will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless Owner and Contractor agree otherwise in writing and so inform Architect prior to Architect's issuing the definitive certificate of Substantial Completion, Architect's afore -said recommendation will be binding on Owner and Contractor until final payment. 14.9. Owner shall have the right to exclude Contractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by Owner of any finished part of the Work, which has specifically been identified in the Contract Documents, or which Owner, Architect and Contractor agree constitutes a separately functioning and useable part of the Work that can be used by Owner without significant interference with Contractor's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1 Owner at any time may request Contractor in writing to permit Owner to use any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If Contractor agrees, Contractor will certify to Owner and Architect that said part of the Work is substantially complete and request Architect -to issue a certificate of Substantial Completion for that part of the Work. Contractor at any time may notify Owner and Architect in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Architect to issue a certificate of Substantial Completion for that part of the Work. Contractor and Architect shall make an inspection of that part of the Work to determine its status of completion. If Architect does not consider that part of the Work to be substantially complete, Architect will notify Owner and Contractor in writing giving the reasons therefor. If Architect considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2 Owner may at any time request Contractor in writing to permit Owner to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to Architect and within a reasonable time thereafter Owner, Contractor and Architect shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before fmal • payment. If Contractor does not object in writing to Owner and Architect that such part of the Work is not ready for separate operation by Owner. Architect will finalize the list of items to be completed for corrected and will deliver such list to Owner and Contractor together with a written recommendations to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon Page 30 of 36 Owner and Contractor at the time when Owner takes over such operation (unless they shall have otherwise agreed in writing and so informed Architect). During such operation and prior to Substantial Completion of such part of the Work. Owner shall allow Contractor reasonable • access to complete or correct items on said list and to complete other related Work. 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Owner will make a final inspection with Architect and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment. 14.12. After Contractor has completed all such corrections to the satisfaction of Owner and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents - all as required by the Contract Documents, and after Owner has indicated that the Work is acceptable, Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. Settlement Date, Notice to Subcontractors, Acceptance and Final Payment: 14.13. If, on the basis of Architect's observation of the Work during construction and final inspection, and Architect's review of the final Application for Payment and accompanying documentation - all as required by the Contract Documents, Architect represents to Owner that the Work has been completed and Owner is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Architect will, within ten days after receipt of the final Application for Payment, indicate in writing Architect's recommendation of payment and present the Application to Owner for payment. Thereupon Architect will give written notice to Owner and Contractor that the Work is acceptable. Otherwise Architect will return the Ah Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. Within ten (10) days after presentation to Owner of the Application and accompanying documentation, in appropriate form and substance, and with Architect's recommendation and notice of acceptability, Owner 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, copartnerships, associations of persons, companies, or corporations that have furnished labor, provisions, Page 31 of 36 materials, team hire, sustenance, or other supplies used or consumed by Contractor or his subcontractor(s), that they may file a claim with the Owner, at any time up to and including the time of final settlement. Upon filing of any such claim, the Owner shall withhold from final payment sufficient funds, in addition to any retainage 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 Owner 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 Owner. At the expiration of such ninety day period, Owner 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 sufficient funds to insure the payment of judgments which may result from such suit. 14.14. If, through no fault of Contractor, final completion of the Work is significantly delayed and if Architect so confirms, Owner shall, upon receipt of Contractor's final Application for Payment and recommendation of Architect, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Supplemental Conditions, and if Bonds have been furnished as required in paragraph 5.1., 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 Contractor to Architect with the Application for such payment. Such payment shall be made under the terms and conditions goveming final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. 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 Architect, nor the issuance of a certificate of Substantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any act of acceptance by Owner 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 Architect pursuant to paragraph 14.13, nor any correction of Defective Work by Owner will constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. Owner 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 Contractor and Architect which will fix the date on which /work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if • Contractor makes an approved claim therefor as provided in Articles II and 12. Owner May Terminate: 15.2. Upon the occurrence of any one or more of the following events: Page 32 of 36 15.2.1. If 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 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; 152.5. If Contractor admits in writing an inability to pay its debts generally as they become due; 15.2.6. If 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 2.9 as revised from time to time); 15.2.7. If Contractor disregards Laws or Regulations of any public body having jurisdiction; 15.2.8. If Contractor disregards the authority of Architect; or, 15.2.9. If Contractor otherwise violates in any substantial way any provisions of the Contract Documents: Owner may, after giving 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 Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipments stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case 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 be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner will be approved as to reasonableness by Architect and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed. 15.3. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. 15.4. Upon seven days' written notice to Contractor, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. Page 33 of 36 Contractor May Stop Work or Terminate: 15.5. If, through no act or fault of Contractor, the Work is suspended for a period of more than ninety days by • Owner or under an order of court or other public authority, then Contractor may, upon seven days written notice to Owner and Architect, terminate the Agreement and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. The provisions of this paragraph shall not relive Contractor of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. ARTICLE 16 - MISCELLANEOUS Giving Notice: 16.1. 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. Computation of Time: 16.2.1. 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. 16.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 16.3. Should Owner or 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 16.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 16.4. 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 Contractor by paragraphs 6.30, 13.1, 13.12, 13.14, 14.3, and 15.2, and all of the rights and remedies available to Owner 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. Page 34 of 36 Independent Contractor Status: 16.4. 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. Contractor shall be, and shall perform as, an independent contractor who agrees to use his best efforts to provide the Work 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 the Contract Documents. 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, worker's 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 subcontractors during the performance of the Agreement. Equal Opportunity: 16.5.1. Contractor and all Subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, creed, sex, affectional or sexual orientation, family responsibility, ancestry, handicap, or national origin. Contractor shall take all affirmative action steps necessary to insure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, creed, sex, affectional or sexual orientation, family responsibility, ancestry, handicap, or national origin. 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. Contractor agrees to post in conspicuous places, notices setting forth the policies of non-discrimination. 16.52. Contractor and all Subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf, state that qualified applicants will receive consideration for employment without regard to race, religion, color, creed, sex, affectional or sexual orientation, family responsibility, ancestry, handicap or national origin. 16.5.3. Contractor and all Subcontractors in the selection of employees and subcontractors shall not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability. Prohibited Interest: 16.6. No member, officer, or employee of the City of Aspen shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest. 16.7. 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 isContractor fro the purpose of securing business. 16.8. Contractor agrees not to give any employee or former employee of Owner 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 Agreement or Page 35 of 36 to any solicitation or proposal therefor. 16.9. It shall be a material breach of the Agreement 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 is person associated therewith, as an inducement for the award of a Subcontract or order. Contractor is prohibited from inducing, by any means, any person employed under this Agreement to give up any part of the compensation to which he/she is otherwise entitled. Contractor shall comply with all applicable local, state and federal "anti -kickback" statutes or regulations. Exemption From Sales and Use Taxes: 16.10. All purchases of construction or building materials for any agreement shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Owner is exempt from such taxes under applicable federal, state and local laws. Owner's State of Colorado tax identification number is 98-04557. Owner's Federal Tax Identification Number is 84-6000563. Payments Subject to Annual Appropriations: 16.11. If the contract awarded as a result of a Bid extends beyond the calendar year, nothing herein shall be construed as an obligation by the Owner beyond any amounts that may be, from time to time, appropriated by the Owner 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 he 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. Contractor Acceptance: 16.12.1. The acceptance by Contractor of any payment made on the final certificate under these General Conditions, or of any final payment due on termination , shall constitute a full and complete release of the Owner from any and all claims, demands and causes of action whatsoever which the Contractor, has or may have against Owner under the provisions of these Contract Documents. 16.12.2. No action shall be maintained by Contractor, its successors or assigns, against Owner or Architect on any claims based upon or arising out of this Agreement or out of anything done in connection with this Agreement unless such action shall be commenced within 180 days after the date of filing of the final application for payment hereunder, or within 180 days of the termination of this Agreement. Successors and Assigns: 16.13. Contractor binds itself, its partners, successors, assigns and legal representatives to the Owner with respect to all covenants of this Agreement. Contractor shall not transfer, assign, or subcontract any interest in this Agreement. Severability Clause: 0 16.14. If any provision of the Agreement 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 Agreement shall remain in full force and effect. Page 36 of 36 THE CITY OF ASPEN SUPPLEMENTAL CONDITIONS CITY OF ASPEN SNOWMELTER RELOCATION PROJECT 1995 1.00 GENERAL. These Supplemental 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. 2.00 Exploration Reports. Exploration reports and tests of subsurface conditions at the site are not available from Engineer. Applicable portions of subsurface soils investigations, if completed, have been included in the Specifications or on the Drawings. This information is provided under the conditions stated in Section 4.2.1 of the General Conditions. Contractor shall perform such investigations as s/he may deem necessary to determine his/her bid. 3.00 Existing Conditions Report. Drawings of physical conditions in or relating to existing surface and subsurface structures which are at or contiguous to the site that have been utilized by the Engineer in preparation of Contract Documents ARE NOT available from Engineer. 4.00 Completion Date. The Completion Date for all Work shall be November 15, 1995. 5.00 Liquidated Damages. Liquidated damages shall be One Hundred Dollars ($100.00) per calendar day beyond the authorized time for completion. 6.00 Project Engineer and Owner's Representative. • The Project Engineer and Owner's Representative for this project shall be: Jack Reid, Streets Superintendent, City of Aspen 1080 Power Plant Road, Aspen, Colorado 81611 (970) 920-5145; FAX (970) 920-5015 Unless provided in writing by the Engineer, any on -site Inspector or Representative of the Page 1 of 4 Engineer shall not have the authority to render any binding decisions nor make any binding judgments to the Contractor pertaining to any work which may change the Contract price or time of completion, or to the quality of Work, or to the manner in which the Work is being performed. • The Project Engineer and OwnerP 's Representative shall serve as a means of communication between the Owner and the Contractor and shall monitor the Work for the Owner. Any communication given to the Project Engineer and Owner's Representative by the Contractor shall be considered as being given to the Owner. All references in the Contract Documents to "Project Engineer" and "Owner's Representative" shall refer to the Project Engineer and Owner's Representative named in this Section 6.0. 7.00 Safety Requirement. Nothing in the Contract Documents shall be construed as relieving the Contractor from protecting all property and persons or from strictly adhering to all applicable local, state and federal safety requirements. Where there is a conflict between Contract Documents and any applicable safety requirements, the safety requirements shall take precedence. 8.00 Waiver. It is expressly understood and agreed that any waiver granted by the Engineer or Owner of any term, provision or covenant of this Contract shall not constitute a precedent nor breach of the same or any other terms, provisions or covenants of this Contract. Neither the acceptance of the Work by the Owner nor the payment of all or part of the sum due the Contractor hereunder, shall constitute a waiver by the Owner of any claim which the Owner may have against the Contractor or otherwise. 9.00 Protection of Public Utilities and Other Adjoining Property. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to other property at the site or adjacent thereto, and he shall be liable for any and all claims for such damage on account of his failure to fully provide such protection. The Contractor shall notify all public utility companies at least forty eight (48) hours prior to commencement of any Work in the vicinity of the utilities. No Work shall commence until the utilities have been located and staked by the utility company or written consent to proceed has been given by the Engineer. If utility service must be interrupted, the Contractor shall notify the City Manager of the City of Aspen and utility users affected by • the interruption of service at least twenty-four (24) hours prior to interruption. Notice shall consist of publication in a local newspaper and/or announcement on local radio stations as determined by the Engineer. 10.00 Damage to Construction. The Contractor shall safeguard, until all Work embraced by the Contract is formally accepted, all construction, both complete and incomplete, against damage and destruction, and should Page 2 of 4 damage result, he will be required to reconstruct or repair it at his expense in a manner conforming to the Plans and Specifications, reconstruction shall be in a manner suitable to the Engineer. • 11.00 Pre -Construction Conference. A pre -construction conference shall be held within fifteen (15) days after the Notice of Award at the Owner's place of business. The purpose of such meeting shall be to explain as required to the Contractor, the requirements of the Contract Documents, the procedures to be used in the administration of the Contract, and to discuss any item of concern to the Work. The Contractor, Owner and Engineer, or authorized representative of each, shall be required to attend such meeting as a condition of the Contract. 12.00 Warranty Inspection. At the Owner's discretion, a warranty inspection will be held during the sixty (60) calendar days prior to the expiration of the one year warranty period. Contractor agrees to provide an authorized representative at such inspection to represent Contractor's interests. All defects identified during inspection shall be corrected at Contractor's expense at direction of Owner in a timely manner. Corrective work shall be commenced within ten (10) days after written notice to Contractor. 13.00 Payment Retainage. Retainage on Pay Estimates shall be 10%. If the project is substantially complete by completion date, or in the judgment of the Engineer, the amount of remaining work justifies a reduction in retainage, then the retainage may be reduced on the recommendation of the Engineer and at the sole discretion of the Owner. 14.00 Subcontractors and Suppliers. Contractor before commencing work shall identify in writing by name and address all Subcontractors, Suppliers, and other persons or organizations that will furnish the principal items of materials, equipment or labor for this project. 15.00 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. Owner's property is not available for Contractor staging or • storage area, except as permitted by Owner. Owner's property is not available for a Contractor's disposal area. 16.00 Working Hours. Work will normally be permitted after 7:00 am; other work hours must be approved by Owner Page 3 of 4 in writing. Work will be permitted on Saturday and Sunday except that 48 hours prior written notice to Owner shall be required to allow notification of the public. 17.00 Disposal of Hazardous Materials. The disposal of any hazardous materials shall be the • sole responsibility of the Contractor. • 18.00 Precedence of Contract Documents. The order of precedence of Contract Documents shall be as follows: 1. Addenda 2. Drawings a. Detailed Drawings b. Standard Drawings 3. Technical Specifications 4. Referenced Technical Specifications 5. Supplemental Conditions 6. Agreement Documents 7. Standard General Conditions 19.00 Payment and Performance Bonds. Contractor shall furnish performance and payment Bonds, each in an amount equal to 100 % of the total contract price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. Reference is made to Section 5.1 and 5.2 of the General Conditions for further requirements relating to performance and payment bonds. specs\8146B.sge Page 4 of 4 TECHNICAL SPECIFICATIONS �YG:rvEE'S SL>+Mi£SE� SECTION 02101 REMOVAL OF STRUCTURES AND OBSTRUCTIONS • 1.00 GENERAL 1.01 Scope. This Work shall consist of furnishing all labor, equipment, materials and miscellaneous items for the removal and satisfactory disposal or abandonment in place of all fences, structures and any other obstructions. It shall also include salvaging of designated materials and backfilling the resulting trenches, holes, and pits. 1.02 Submittals. Copies of written agreements for disposal areas will be given to the Engineer before work begins. 2.00 MATERIALS. Not applicable. 3.00 METHODS AND PROCEDURES 3.01 General. The Contractor shall remove and dispose of all structures, fences, abandoned pipelines, and other obstructions. All salvageable materials noted shall be removed, without unnecessary damage, in sections or pieces which may be easily transported and stored. 3.02 Disposal. Unusable material may be disposed of outside the limits of view from the project with written permission of the property owner on whose property the material is placed. Copies of all agreements with property owners are to be furnished the Engineer. Where portions of structures are to be removed, the remaining portions shall be prepared to fit new construction. The work shall be done in accordance with Drawings, and in such manner that materials to be left in place shall be protected from damage; all damage to portions of structures to remain in place shall be repaired by the Contractor at his expense. Reinforcing steel projecting from the remaining structure shall be cleaned and aligned to provide bond with new extension. 3.03 Salvage. Salvage all items shown on the Drawings. During demolition, Owner or his representatives may designate additional materials to be salvaged rather than disposed. All salvage materials shall be removed from the job site by the Contractor and stored at a site to be designated by the Owner. 3.04 Pipe to be left in place. All small metal pipe and metal culverts shall have the ends crushed and crimped back where possible. The ends of all masonry and plastic pipe products shall be completely back -filled with concrete or grout a minimum of 18" or one pipe diameter, • whichever is greater. All headwalls and appurtenances shall be removed. Where shown on the Drawings, pipe shall be backfilled their full length. 3.05 Sawing of Concrete. The sawing of concrete shall be done carefully, and all damages to concrete remaining in place, due to Contractor's operations, shall be repaired by the Contractor at his expense. An effective dust control method must be utilized throughout concrete sawing operations. The minimum depth of saw cut in concrete shall be 2 inches or to the depth of the reinforced steel, whichever occurs first, unless otherwise designated. 02101-1 3.06 Safety. Operations that may damage or constitute a hazard to the traveling public will not be permitted. 3.07 Removal of Culverts and Other Drainage Structures. NOT APPLICABLE. 3.08 Removal of Pipe. Pipes or fittings indicated on the Drawings to be removed for salvage and reuse shall be carefully removed, cleaned and every precaution taken to avoid damage to the pipe. Removal of pipe shall include all appurtenances. Pipe to be salvaged shall be taken to the Owner's designated storage yard; pipe to be re-laid shall be stored by the Contractor so that no damage to pipe will occur. The Contractor shall replace, at his expense, all pipe or fittings lost or damaged due to negligence, improper storage or improper construction techniques. 3.09 Removal of Pavement, Sidewalks, Curbs, etc. NOT APPLICABLE. 3.10 Abandonment of Manholes, Catch Basins, Inlets, etc. Remove all portions of structure to 12 inches below finish grade. Fill all voids with concrete or Class 1 Structure Backfill (95% density). Backfill to surface with concrete, Class 6 aggregate and/or bituminous asphalt or topsoil to match final surface treatment. 3.11 Abandonment of the Existing Snowmelter Pit. Remove all portions of structure to existing grade. Fill pit with a pit run or Class 2 backfill at 85% compaction to surface grade. Regrade over pit area to tie in with grading plan. 4.00 MEASUREMENT AND PAYMENT Item Measurement Removal of Structures Percentage of Total and Obstructions specs\8146b02.101 9/1995 End of Section Payment Lump Sum • 02101-2 SECTION 02200 EXCAVATION AND EMBANKMENT • 1.00 GENERAL 1.01 Scope. Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to perform all clearing and grubbing, excavation, backfilling, compacting, testing and related work not specified elsewhere, as shown on the Drawings and required by the Specifications. All work within the rights -of -way of the Municipal Government shall be done in compliance with requirements issued by those agencies. All such requirements shall take precedence over these Specifications. It shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. 1.02 Related Work Specified Elsewhere. Section 02201 - Excavation and Backfill For Structures Section 02222 - Embedment and Base Course Aggregate 1.03 Reference Standards. A. State Department of Highways, Division of Highways, State of Colorado, "Standard Specifications for Road and Bridge Construction," latest edition. 1.04 Field Conditions. A. Existing Utilities. Underground utilities, except service lines, known to the Engineer have been shown on the Drawings. Locations are approximate only and may prove to be inaccurate. The Contractor is responsible for verification of the existence, location and protection of all utilities within the construction limits. Before commencing with work, the Contractor shall notify all public and private companies who may have utilities within the project limits. The Contractor shall coordinate with these entities all excavation performed. The Contractor shall obtain all permits required by utility owners. In the event of damage to any existing utility, the Contractor shall be solely responsible for the repair and payment for repair of all such damage. The Contractor shall make arrangements for and pay all costs for relocation of utilities requiring relocation as indicated on the Drawings. Should utility 01 obstructions, not shown on the Drawings, be encountered and require relocation, the Contractor shall notify the Owner and the Engineer and shall make arrangements necessary for such relocation. The Owner shall pay the costs for such relocation. 02200-1 B. Existing Improvements. The Contractor shall restore or protect from damage all existing improvements encountered in performance of the work. Improvements damaged as a result of this work shall be restored to original condition or better, as determined by the Engineer. Adjacent property shall be protected by the Contractor from any damage. The • Contractor shall be held solely liable for any damage to adjacent property and shall be responsible for all costs resulting from repair of such damage. C. Soil Conditions. It shall be the responsibility of the Contractor to examine soil conditions and characteristics, including the presence of groundwater, that will be encountered within the limits of construction. 1.05 Protection of Work. A. Safety. All excavations shall be protected by barricades, lights, signs, etc. as required by governing federal, state and local safety codes and regulations. B. Sheeting, shoring and bracing. Except where banks are cut back on a stable slope, provide and maintain sheeting, shoring and bracing systems necessary to protect adjoining grades and structures from caving, sliding, erosion or other damage, and suitable forms of protection against bodily injury, all in accordance with applicable codes and governing authorities. Remove sheeting and shoring systems as excavations are backfilled in a manner to protect the construction or other structures, utilities or property. Do not remove any sheeting after backfilling. Sheeting and shoring systems shall be structurally designed and sufficiently braced to provide necessary restraining of retained backfill. Prior to installation of such systems, methods of installation and materials proposed shall be discussed with and approved by Engineer. All systems shall be in strict compliance with local, state and federal safety regulations. Contractor is solely liable for non-compliance. C. Site Drainage. Excavation to be protected from surface water drainage at all times. 1.06 Blasting. No blasting shall be permitted without written consent of the Engineer. Blasting shall be done only after Engineer receives permission from the appropriate governmental authority(ies). Blasting shall be performed only by properly licensed, experienced individuals and in a manner such that no damage to any property or persons will occur due to either the blast or debris. Contractor shall provide proof of insurance as required by these Specifications, the governing authority or as required by Engineer rp for to any blasting. All damage as the result of blasting shall be repaired, at the Contractor's expense, to the satisfaction of the Engineer. All earth or rock loosened by blasting shall be removed from excavations prior to proposed construction. 02200-2 1.07 Construction in Streets. When construction operations are located within streets, make provisions at cross streets and walks for free passage of vehicles and pedestrians. Do not block streets or walks without prior approval. 2.00 MATERIALS • All materials for construction fills and backfills shall meet specified requirements for gradation and other factors defining suitability for the intended use. All classes of suitable material shall be free from perishable matter, debris, frozen material and stones and/or cemented pieces larger than permitted by the specified gradation. Classification of materials shall be as follows: 2.01 Excavation. Excavation shall consist of the excavation of all materials of whatever character required for the Work, including surface boulders and excavation for ditches and channels and not being removed under some other item. 2.02 Materials for Embankment. Embankment material shall consist of approved material acquired from excavations, hauled and placed in embankments in reasonably close conformity with the line, grades, thicknesses and typical cross sections shown on the plans or as designated. When source of embankment material is not designated on the plans, approval of the source will be contingent on the material having a resistance value of at least that shown on the plans, when tested by the Hveem Stabilometer, and a maximum dry density of not less than 90 pounds per cubic foot. 2.03 Topsoil. Topsoil shall consist of selectively excavated, loose, friable loam reasonably free of admixtures of sub -soil, refuse, stumps, roots, rocks, brush, weeds or other material which would be detrimental to the proper development of vegetative growth; topsoil to be free of any stone or rock greater than 3" in size. 3.00 METHODS AND PROCEDURES 3.01 Clearing and Grubbing. A. Preservation of Existing Conditions. The Engineer will establish right-of-way lines and construction lines and designate all trees, shrubs, plants and other things to remain. The Contractor shall preserve all things designated to remain. Paint required for cut or scarred surfaces of trees or shrubs selected for retention shall be an approved asphaltum base paint prepared especially for tree surgery. B. Clearing and Grubbing. • Clear and/or grub all surface objects and all trees, stumps, roots and other protruding obstructions, not designated to remain, including mowing, as required, except undisturbed stumps and roots and non-perishable solid objects which will be a minimum of two feet below subgrade or slope embankment. Outside cut or fill limits, but within construction limits, stumps may be left at finish grade if allowed by Engineer. 02200-3 Except in areas to be excavated, backfill stump holes and other holes from which obstructions are removed, with embankment material and compacted in accordance with Section 3.05. C. Disposal. If perishable material is burned, burn under the constant care of competent • watchmen at such times and in such a manner that the surrounding vegetation, the other adjacent property or anything designated to remain on the site, will not be jeopardized. Burning shall be done in accordance with applicable laws and ordinances. When permitted, materials and debris which cannot be burned and perishable materials may be removed from the project site and disposed of at locations off the project outside the limits of view from the project with the written permission of the property owner on whose property the materials and debris are placed. The Contractor shall make all necessary arrangements with property owners for obtaining suitable disposal locations and the cost involved shall be included in the unit price bid. D. Scalping. Scalp areas where excavation or embankment is to be made. Scalping shall include the removal of material such as brush, roots, sod, grass, residue or agricultural crops, sawdust, and other vegetable matter from the surface of the ground. E. Hedges. - Not Applicable - F. Topsoil. Strip topsoil from all areas to be disturbed by construction. Topsoil to be stockpiled separately from excavated materials. 3.02 Construction Requirements. The excavation and embankments required shall be finished to smooth and uniform surfaces. Materials shall not be wasted without permission of the Engineer. The Engineer reserves the right to change grade lines, cut slopes or fill lines during the progress of the work. 3.03 Excavation. Material outside of the limits of excavation will not be disturbed. Prior to beginning excavation operations in any area, all necessary clearing and grubbing in that area shall have been performed in accordance with these Specifications. The Contractor shall not excavate beyond the dimensions and elevations established. Common excavation shall include all materials of whatever nature encountered in the work for construction of excavations to the lines and grades called for on the Drawings. Structure excavation shall include all earthwork required for the construction of structures to the lines and grades called for on the Drawings. If any areas are inadvertently over -excavated, fill such over -excavation with embankment material and compact in accordance with Section 3.05. 02200-4 A. Tolerances. In those areas upon which a subbase material is required, upon which finished landscaping improvements, including sodding or lawn seeding, or upon which a structure is to be constructed directly, deviation of not more than 1 inch shall be permitted when tested with a 16-foot straight edge. Deviation from grade shall not exceed 1 inch at any point. • In those areas upon which a base course material is required, deviation of not more than 0.04 foot shall be permitted when tested with a 16-foot straight edge. Deviation from grade shall not exceed 0.04 foot at any point. In those areas where no additional construction, other than topsoil addition and native seeding will occur, the finished surface shall be smooth and shall not deviate from grade by more than 0.5 foot at any point. B. Groundwater Control. Contractor to maintain facilities on site to remove all groundwater from excavated area and keep water below the bottom of the excavation to a point such that a firm base for equipment or concrete installation exists. Facilities shall be maintained until all backfilling is in place at least 24 inches above anticipated water levels before water removal. All water removal shall be subject to approval by the Engineer. Removal of water by bucketing, sump or trench diversions, intermittent pumping, or sump or submersible pumps is considered incidental to excavation work. Inclusion of a bid item for dewatering indicates dewatering by continuous pumping, well -point type systems is expected. If such dewatering system is required, in the opinion of the Engineer, this work to be paid for as indicated in the bid schedule, or if not included in the bid schedule to be considered extra work paid for at a price negotiated between Contractor and Owner prior to the start of dewatering. C. Stockpile Excavated Material. Excavated material to be stockpiled so as not to endanger the work or public safety. Maintain existing vehicular and pedestrian traffic with minimum disruption. Maintain emergency access and access to existing fire hydrants and water valves. Maintain natural drainage courses and street gutters. Backfill material to be segregated from stock piled topsoil and unusable backfill materials. D. Over -excavation. Whenever the site is over -excavated more than 0.1' to eliminate point bearing by rocks or stones beneath proposed structures or when grade tolerances are exceeded, the Contractor is to re-establish grade using Class 1 Backfill (CDOH Section 703.08 - Class 1). Compaction shall be to 95% maximum density. All work to re-establish grade shall be at the Contractor's 40 expense. E. Unstable Materials. Materials which are not capable of supporting superimposed loadings are defined as unstable materials. Should unstable materials be encountered during excavation, immediately notify Engineer. If, in the opinion of the Engineer, unstable soil excavation is required and the Contractor could not have reasonably been expected to discover the existence 02200-5 of such materials during his site investigation, than a contract price for Unstable Soil Excavation shall be negotiated between Owner & Contractor. No payment shall be made for materials excavated prior to notification of the Engineer and negotiation of payment for extra work. Inclusion of a bid item for Unstable Soil Excavation indicates such excavation • is anticipated. The Contractor is to notify the Engineer prior to any unstable soil excavation; no payment shall be made for excavation prior to authorization of Engineer. F. Rock Excavation. Rock excavation shall be defined as removal of boulders in excess of three (3) cubic yards or solid or fractured rock, which requires techniques, such as blasting or jacking for removal, other than those which are being employed by the Contractor or are normally used in excavation, such as use of backhoes, trenchers, draglines, etc. Should unanticipated rock conditions be encountered, immediately notify the Engineer. If in the opinion of the Engineer, rock excavation is required and the Contractor had in fact made a diligent and determined effort to remove the material using normal excavation procedures as stated above and the Contractor could not have reasonably been expected to determine the existence of such material during his site investigation, then a contract price for Rock Excavation shall be negotiated between the Contractor and the Owner. No payment shall be made for excavation performed prior to determination of a negotiated price. Rock shall be removed to a 4" depth below grade. In addition, all rock loosened during jacking, blasting, etc. shall be removed from the site. For payment purposes, maximum depth to be paid for shall be 12" below required grade. All over -excavation shall be replaced as specified in Subsection 3.03, D. Inclusion of a bid item for Rock Excavation indicates such excavation is anticipated. Contractor to notify Engineer prior to any rock excavation; no payment shall be made for excavation prior to notification. G. Disposal of Excess Excavation. Contractor to dispose of excess excavation off - site. The Owner shall have the right to elect to have the excess excavation disposed of at a designated site within the Work limits. Excavation may be wasted on site only if approved by the Engineer and shall be done at the direction of the Engineer. Disposal in any case shall be the sole responsibility of the Contractor. 3.04 Pavement Materials. NOT APPLICABLE. 3.05 Embankment and Backfilling. Do not begin embankments until construction below grade has been approved, underground utility systems have been inspected, tested and approved and trash and debris have been cleaned from the excavation. 0 Place approved excavated material in successive uniform maximum loose layers not exceeding 8 inches for the full width of the cross-section in all accessible areas. Place material in successive uniform loose layers not exceeding 4 inches in areas not accessible or permitted for the use of self propelled rollers or vibrators. Do not place fill on muddy or frozen 02200-6 subgrade, or until subgrade is approved by the Engineer. Plow, step, or bench sloped surfaces steeper than 4 to 1 on which fill or backfill is to be placed in such a manner that fill material will adequately bond with existing surfaces. Scarify all surfaces to receive backfill to a depth of 6" before filling. • Construct fills and embankments to the lines and grades indicated on the Drawings within tolerances stated in Section 3.03, A above. Use suitable materials removed from the excavation prior to obtaining material from borrow areas. Where otherwise suitable material is too wet, aerate, dry or blend to provide the moisture content specified for compaction. 3.06 Compaction. During placing and/or compacting operations of earth or earth -and -rock mixtures, the moisture content of materials in the layers being compacted shall be near optimum and uniform throughout the layer. In general, maintain the moisture content of the material being placed and compacted within 2% of optimum condition as determined as ASTM Standard D698. A. Compaction Equipment. Perform all compaction with approved equipment well suited to location and material being compacted. Use heavy vibratory rollers or sheepsfoot rollers where heavy equipment is authorized. Do not operate heavy equipment closer to structures than a horizontal distance equal to height of backfill above bottom of structure foundation. Compact remaining area with hand tampers suitable for material being compacted. Place and compact backfill around pipes with care to avoid damage. Compact fill materialsto following densities at optimum moisture content based on ASTM D698 or AASHTO T99: 1. Structure fill under or within 5' horizontally of all concrete structures: 95%. 2. Backfill beneath or within 5' horizontally or within the area defined by a line extended at an angle of 1:1 of existing or proposed pavements, roadways, sidewalks, curbs, utility lines or other improvements: 95% 3. Backfill within berm: 85% 4. Backfill with abandoned Melter Pit - 85%. 5. Backfill within undeveloped, green or undesignated area: 85%. B. Jetting. Jetting and water inundation are generally not permitted methods of compaction. The Engineer may allow jetting under certain field conditions. Techniques including depth of lifts, amount of water to be used, penetration of hose jet, etc., shall be at the direction of the Engineer. No jetting will be allowed on materials with a 200-minus gradation of greater than 15%. 02200-7 Contractor shall pay cost of all water used, soil classification testing and compaction testing and any retesting or recompaction required. No jetting shall be done prior to written approval and direction of the Engineer. C. Maintenance. Contractor to maintain all embankment in satisfactory condition during the extent of the contract and warranty period. All surface deterioration • determined to be the responsibility of the Contractor and all settlement shall be repaired at once by the Contractor upon notice by the Owner. All costs for repair and all liability as a result of surface deterioration or settlement shall be the responsibility of the Contractor. 3.07 Proof Rolling. Proof rolling with a heavy rubber -tired roller will be required as designated on the plans or when ordered. Proof rolling shall be done after specified compaction has been obtained. Areas found to be weak and those areas which failed shall be ripped, scarified, wetted if necessary and recompacted to the requirements for density and moisture at the Contractor's expense. Equipment to be used for proof rolling may also be fully loaded, tandem axle dump truck or water truck or rubber -tired roller with equivalent loading characteristics. 3.08 Surface Restoration. All existing surface improvements and site conditions disturbed or damaged during construction to be restored to a condition equal to pre -construction condition. All restoration costs are considered incidental to excavation and backfill. A. Improvements. Replace, repair or reconstruct all improvements as required. Work will not be accepted until restoration is accepted by Engineer and all affected property owners. B. Final Grading. The Contractor is to re-establish existing final grade or finish to final grades as modified and shown on the Drawings. The Contractor is to backfill to proper subgrade elevation with backfill material to allow placement of surface improvements or materials. C. Roadways. All roadways to be restored to original condition with material types removed. Materials and methods to conform to Section 02222 - Embedment and Base Course Aggregate. Additional requirements are: 1. Minimum base course material on gravel roadways or minimum depth gravel beneath hard surface roadways to be 8". 2. Minimum asphalt pavement surfacing. (Not Applicable). 3. Minimum concrete pavement surfacing (Not Applicable). D. Green Areas. Place excavated topsoil from the roadway or from pits directly upon constructed cut and fill slopes without the use of stockpiles whenever conditions and the progress of construction will permit. Do not place topsoil until the areas to be covered have been properly prepared and grading operations in the area have been completed. Place and spread topsoil at locations and to the thickness shown on the plans. 02200-8 • • Key to the underlying material by the use of harrows, rollers or other equipment suitable for the purpose. Apply water to the topsoil at the locations and in the amounts designated. Apply in a fine spray by nozzles or spray bars in such manner that it will not wash or erode the topsoil areas. All loose exposed rock larger than six inches shall be removed from slopes that are to receive topsoil. 4.00 QUALITY CONTROL - FIELD 4.01 Inspection and Testing. Inspection and testing to be performed at the direction of the Engineer. Contractor to cooperate fully with all persons engaged in testing. Contractor to excavate as required to allow testing; Contractor to backfill all test excavations in accordance with these Specifications. 4.02 Density Testing and Control. A. Reference Standards. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or AASHTO T99. B. Field Testing. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. C. Frequency of Testing. Frequency of testing to be done at the direction of the Engineer. D. Retesting. In the event of failure to meet compaction criteria, Contractor shall re -excavate and re-backfill at direction of Engineer. All retesting to be paid for by Contractor and to be performed by soils testing firm approved by the Engineer. 4.03 Payment for Testing. Owner responsible for all costs of initial testing of backfill. Contractor to pay all costs of any retesting required. 5.00 MEASUREMENT AND PAYMENT Item Clearing and Grubbing Earthwork Topsoil Measurement Not Applicable Not Applicable Not Applicable End of Section Payment Lump Sum Lump Sum Lump Sum specs18146B02.200 02200-9 SECTION 02201 EXCAVATION AND BACKFILL FOR STRUCTURES 1.00 GENERAL 1.01 Scope. Work to be performed under this section shall include all labor, equipment, • materials and miscellaneous items necessary to perform all clearing and grubbing, excavation, backfilling, compacting, testing and related work not specified elsewhere, as shown on the Drawings and required by the Specifications. All work within the rights -of -way of the Municipal Government shall be done in compliance with requirements issued by that agency. All such requirements shall take precedence over these Specifications. It shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. 1.02 Related Work Specified Elsewhere. Section 02222 - Embedment and Base Course Aggregate Section 03300 - Cast -In -Place Concrete 1.03 Reference Standards. A. State Department of Highways, Division of Highways, State of Colorado, "Standard Specifications for Road and Bridge Construction," latest edition. 1.04 Field Conditions. A. Existing Utilities. Underground utilities, except service lines, known to the Engineer have been shown on the Drawings. Locations are approximate only and may prove to be inaccurate. The Contractor is responsible for verification of the existence, location and protection of all utilities within the construction limits. Before commencing with work, the Contractor shall notify all public and private companies who may have utilities within the project limits. The Contractor shall coordinate with these entities all excavation performed. The Contractor shall obtain all permits required by utility owners. In the event of damage to any existing utility, the Contractor shall be solely responsible for the repair and payment for repair of all such damage. The Contractor shall make arrangements for and pay all costs for relocation of utilities requiring relocation as indicated on the Drawings. Should utility obstructions, not shown on the Drawings, be encountered and require relocation, the Contractor shall notify the Owner and the Engineer and shall make arrangements necessary for such relocation. The Owner shall pay the costs for such relocation. B. Existing Improvements. The Contractor shall restore or protect from damage all existing improvements encountered in performance of the work. Improvements 02201-1 damaged as a result of this work shall be restored to original condition or better, as determined by the Engineer. Adjacent property shall be protected by the Contractor from any damage. The Contractor shall be held solely liable for any damage to adjacent property and shall be responsible for all costs resulting from repair of such damage. • C. Soil Conditions. It shall be the responsibility of the Contractor to examine soil conditions and characteristics, including the presence of groundwater, that will be encountered within the limits of construction. 1.05 Protection of Work. A. Safety. All excavations shall be protected by barricades, lights, signs, etc. as required by governing federal, state and local safety codes and regulations. B. Sheeting, shoring and bracing. Except where banks are cut back on a stable slope, provide and maintain sheeting, shoring and bracing systems necessary to protect adjoining grades and structures from caving, sliding, erosion or other damage, and suitable forms of protection against bodily injury, all in accordance with applicable codes and governing authorities. Remove sheeting and shoring systems as excavations are backfilled in a manner to protect the construction or other structures, utilities or property. Do not remove any sheeting after backfilling. Sheeting and shoring systems shall be structurally designed and sufficiently braced to provide necessary restraining of retained backfill. Prior to installation of such systems, methods of installation and materials proposed shall be discussed with and approved by Engineer. All systems shall be in strict compliance with local, state and federal safety regulations. Contractor is solely liable for non-compliance. C. Site Drainage. Excavation to be protected from surface water drainage at all times. 1.06 Blasting. No blasting shall be permitted without written consent of the Engineer. Blasting shall be done only after Engineer receives permission from the appropriate governmental authority(ies). Blasting shall be performed only by properly licensed, experienced individuals and in a manner such that no damage to any property or persons will occur due to either the blast or debris. Contractor shall provide proof of insurance as required by these Specifications, the governing authority or as required by Engineer pdor to any blasting. All damage as the result of blasting shall be repaired, at the Contractor's expense, to the satisfaction of the Engineer. All earth or rock loosened by blasting shall be removed from excavations prior to proposed construction. 1.07 Construction in Streets. When construction operations are located within streets, make provisions at cross streets and walks for free passage of vehicles and pedestrians. Do 02201-2 not block streets or walks without prior approval. 2.00 MATERIALS All materials for construction fills and backfills shall meet specified requirements for gradation and other factors defining suitability for the intended use. All classes of suitable material shall be free from perishable matter, debris, frozen material and stones and/or cemented pieces larger than • permitted by the specified gradation. Classification of materials shall be as follows: 2.01 Materials for Structure Backfill. Structure backfill shall be composed of materials designated as Class 1, Class 2, Class 3 or Class 4. A. Class 1 Backfill (CDOH Section 703.08 - Class 1). Class 1 backfill shall be composed of materials from excavations, borrow areas, or other sources. This material shall conform to the following requirements when tested with laboratory sieves: Sieve Designation % bV Weight Passing 2 inch 100 No. 4 30-100 No. 50 60 max. No. 200 5-20 In addition, this material shall have a liquid limit not exceeding 35 and a plasticity index of not over 6 when determined in conformity with AASHTO T89 and T90. B. Class 2 backfill (CDOH Section 703.08 - Class 2). Class 2 backfill shall be composed of suitable materials developed from excavation, borrow areas or other sources. If the material contains rock fragments which, in the opinion of the Engineer, will be injurious to the structure, the material will not be used for backfilling. In addition, no rock larger than 4" shall be placed within the structure backfill zones. C. Class 3 Backfill (CDOH Section 703.03 - Class 6). Class 3 backfill shall consist of crushed stone, crushed slag, crushed gravel, or natural gravel conforming to the following requirements when tested with laboratory sieves. Sieve Designation % by Weight Passing 3/4 inch 100 No. 4 30-65 No. 8 25-55 No. 200 5-12 In addition, this material shall have a liquid limit not exceeding 30 and a plasticity index of not over 6 when determined in conformity with AASHTO T89 and T 90. D. Class 4 Backfill (CDOH Section 703.03 - Class 2). Class 4 backfill shall be composed of suitable materials developed from excavation, borrow areas, or other sources. If the material contains rock fragments that in the opinion of the Engineer will be injurious to the structure, the native material will not be used for backfilling and the Contractor will be required to furnish Class 1 backfill material 02201-3 at a unit price mutually agreed upon between Contractor and Owner. 2.02 Topsoil. Topsoil shall consist of selectively excavated, loose, friable loam reasonably free of admixtures of sub -soil, refuse, stumps, roots, rocks, brush, weeds or other material which would be detrimental to the proper development of vegetative growth. • 3.00 METHODS AND PROCEDURES 3.01 Site Preparation. A. Clearing. Remove all vegetation, stumps, roots, organic matter, debris and other miscellaneous structures and materials from work site. Dispose of off -site. B. Topsoil Removal. Strip existing topsoil from all areas to be distributed by construction. Topsoil to be stockpiled separately from excavated materials. C. Pavement Removal. -Not Applicable- D. Preservation of Trees. Do not remove trees outside of excavated or filled areas, unless their removal is authorized by the Engineer. Protect trees left standing from permanent damage by construction operations. 3.02 Construction Requirements. The excavation and embankments required shall be finished to smooth and uniform surfaces. Materials shall not be wasted without permission of the Engineer. The Engineer reserves the right to change grade lines, cut slopes or fill lines during the progress of the work. 3.03 Structure Excavation. Material outside of the limits of excavation will not be disturbed. Prior to beginning excavation operations in any area, all necessary clearing and grubbing in that area shall have been performed in accordance with these Specifications. The Contractor shall not excavate beyond the dimensions and elevations established. Structure excavation shall include all earthwork required for the construction of structures to the lines and grades called for on the Drawings. If any areas are inadvertently over -excavated, fill such over -excavation with Class 1 or Class 3 backfill. A. Tolerances. In those areas upon which a subbase or base course material is required, upon which a structure is to be constructed directly, within 20 feet of the edge of any structure, or for any surfaces which are constructed for drainage purposes, deviation of not more than 1 inch shall be permitted when tested with a 16-foot straight edge. Deviation from grade shall not exceed 1 inch at any point. In those areas where no additional construction, other than topsoil addition, will 49 occur, the finished surface shall be smooth and shall not deviate from grade by more than 0.5 foot at any point. B. Groundwater Control. Contractor to maintain facilities on site to remove all groundwater from excavated area and keep water below the bottom of the excavation to a point such that a firm base for equipment or concrete installation 02201-4 exists. Facilities shall be maintained until all backfilling is in place at least 24 inches above anticipated water levels before water removal. All water removal shall be subject to approval by the Engineer. Removal of water by bucketing, sump or trench diversions, intermittent pumping, or sump or submersible pumps is considered incidental to excavation work. Inclusion of a bid item for dewatering indicates dewatering by continuous • pumping, well -point type systems is expected. If such dewatering system is required, in the opinion of the Engineer, this work to be paid for as indicated in the bid schedule, or if not included in the bid schedule to be considered extra work paid for at a price negotiated between Contractor and Owner prior to the start of dewatering. C. Stockpile Excavated Material. Excavated material to be stockpiled so as not to endanger the work or public safety. Maintain existing vehicular and pedestrian traffic with minimum disruption. Maintain emergency access and access to existing fire hydrants and water valves. Maintain natural drainage courses and street gutters. Backfill material to be segregated from stock piled topsoil and unusable backfill materials. D. Over -excavation. Whenever the site is over -excavated more than 0.1 ' to eliminate point bearing by rocks or stones beneath proposed structures or when grade tolerances are exceeded, the Contractor is to re-establish grade using Class 1 backfill. Compaction shall be to 95% maximum density. All work to re-establish grade shall be at the Contractor's expense. E. Unstable Materials. Materials which are not capable of supporting superimposed loadings are defined as unstable materials. Should unstable materials be encountered during excavation, immediately notify Engineer. If, in the opinion of the Engineer, unstable soil excavation is required and the Contractor could not have reasonably been expected to discover the existence of such materials during his site investigation, than a contract price for Unstable Soil Excavation shall be negotiated between Owner & Contractor. No payment shall be made for materials excavated prior to notification of the Engineer and negotiation of payment for extra work. Inclusion of a bid item for Unstable Soil Excavation indicates such excavation is anticipated. The Contractor is to notify the Engineer prior to any unstable soil excavation; no payment shall be made for excavation prior to authorization of Engineer. F. Rock Excavation. Rock excavation shall be defined as removal of boulders in excess of three (3) cubic yards or solid or fractured rock, which requires techniques, such as blasting or jacking for removal, other than those which are being employed by the Contractor or are normally used in excavation, such as use of backhoes, trenchers, draglines, etc. Should unanticipated rock conditions be encountered, immediately notify the Engineer. If in the opinion of the Engineer, rock excavation is required and the Contractor had in fact made a diligent and determined effort to remove the material using normal excavation procedures as stated above and the Contractor could not have reasonably been expected to 02201-5 determine the existence of such material during his site investigation, then a contract price for Rock Excavation shall be negotiated between the Contractor and the Owner. No payment shall be made for excavation performed prior to determination of a negotiated price. Rock shall be removed to a 4" depth below grade. In addition, all rock loosened during jacking, blasting, etc. shall be removed from the site. For payment purposes, maximum depth to be paid for shall be 12" below required grade. All over -excavation shall be replaced as specified in Subsection 3.03, D. Inclusion of a bid item for Rock Excavation indicates such excavation is anticipated. Contractor to notify Engineer prior to any rock excavation; no payment shall be made for excavation prior to notification. G. Disposal of Excess Excavation. Contractor to dispose of excess excavation off - site. The Owner shall have the right to elect to have the excess excavation disposed of at a designated site within the Work limits. Excavation may be wasted on site only if approved by the Engineer and shall be done at the direction of the Engineer. Disposal in any case shall be the sole responsibility of the Contractor. 3.04 Backfilling. Do not begin backfilling until construction below grade has been approved, underground utility systems have been inspected, tested and approved and trash and debris have been cleaned from the excavation. Place approved excavated material in successive uniform maximum loose layers not exceeding 8 inches for the full width of the cross-section in all accessible areas. Place material in successive uniform loose layers not exceeding 4 inches in areas not accessible or permitted for the use of self propelled rollers or vibrators. Do not place fill on muddy or frozen subgrade, or until subgrade is approved by the Engineer. Construct fills to the lines and grades indicated on the Drawings within tolerances stated in Section 3.03, A above. Use suitable materials removed from the excavation prior to obtaining material from borrow areas. Where otherwise suitable material is too wet, aerate, dry or blend to provide the moisture content specified for compaction. 3.05 Compaction. During placing and/or compacting operations with earth or earth -and -rock mixtures, the moisture content of materials in the layers being compacted shall be near optimum and uniform throughout the layer. In general, maintain the moisture content of the material being placed and compacted within 2% of optimum condition as determined as ASTM Standard D698. A. Compaction Equipment. Perform all compaction with approved equipment well suited to location and material being compacted. Use heavy vibratory rollers or sheepsfoot rollers where heavy equipment is authorized. Do not operate heavy equipment closer to structures than a horizontal distance equal to height of backfill above bottom of structure foundation. Compact remaining area with hand tampers suitable for material being compacted. Place and compact backfill around pipes with care to avoid damage. Compact fill materials to following densities at optimum moisture content based on ASTM D698 or AASHTO T99 as shown on the Drawings or as follows: 02201-6 1. Structure fill under all concrete structures: 100%. 2. Backfill beneath or within 5' horizontally of existing or proposed structures, pavements, roadways, sidewalks, curbs, utility lines or other improvements: 95% 3. Backfill within public or designated rights -of -way: 90% or as shown on the Drawings. 0 4. Backfill within undeveloped, green or undesignated area: 85%. B. Jetting. Jetting and water inundation are generally not permitted methods of compaction. The Engineer may allow jetting under certain field conditions. Techniques including depth of lifts, amount of water to be used, penetration of hose jet, etc., shall be at the direction of the Engineer. No jetting will be allowed on materials with a 200-minus gradation of greater than 15%. Contractor shall pay cost of all water used, soil classification testing and compaction testing and any retesting or recompaction required. No jetting shall be done prior to written approval and direction of the Engineer. C. Maintenance. Contractor to maintain all backfill in satisfactory condition during the extent of the contract and warranty period. All surface deterioration determined to be the responsibility of the Contractor and all settlement shall be repaired at once by the Contractor upon notice by the Owner. All costs for repair and all liability as a result of surface deterioration or settlement shall be the responsibility of the Contractor. 3.06 Surface Restoration. All existing surface improvements and site conditions disturbed or damaged during construction to be restored to a condition equal to pre -construction condition. All restoration costs are considered incidental to excavation and backfill. A. Improvements. Replace, repair or reconstruct all improvements as required. Work will not be accepted until restoration is accepted by Engineer and all affected property owners. B. Final Grading. The Contractor is to re-establish existing final grade or finish to final grades as modified and shown on the Drawings. The Contractor is to backfill to proper subgrade elevation with backfill material to allow placement of surface improvements or materials. C. Roadways. All roadways to be restored to original condition with material types removed. Materials and methods to conform to Section 02222 - Embedment and Base Course Aggregate. Additional requirements are: Minimum base course material on gravel roadways or minimum depth gravel beneath hard surface roadways to be 8". 0 2. Minimum asphalt pavement surfacing -Not Applicable- 3. Minimum concrete pavement surfacing -Not Applicable- D. Green Areas. -Not Applicable- 02201-7 4.00 QUALITY CONTROL - FIELD • 0 4.01 Inspection and Testing. Inspection and testing to be performed at the direction of the Engineer. Contractor to cooperate fully with all persons engaged in testing. Contractor to excavate as required to allow testing; Contractor to backfill all test excavations in accordance with these Specifications. 4.02 Density Testing and Control. A. Reference Standards. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or AASHTO T99. B. Field Testing. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. C. Frequency of Testing. Frequency of testing to be done at the direction of the Engineer. D. Retesting. In the event of failure to meet compaction criteria, Contractor shall re - excavate and re-backfill at direction of Engineer. All retesting to be paid for by Contractor and to be performed by soils testing firm approved by the Engineer. 4.03 Payment for Testing. Owner responsible for all costs of initial testing of backfill. Contractor to pay all costs of any retesting required. 5.00 MEASUREMENT AND PAYMENT Itam Structural Excavation/Backfill Measurement Not Applicable End of Section Payment P a r t o f Associated Structure 02201-8 SECTION 02221 TRENCHING, BACKFILLING AND COMPACTION 1.00 GENERAL • 1.01 Scope. Work to be performed under this section shall include all labor, equipment, materials and miscellaneous items necessary to perform all excavation, backfilling and compaction of underground pipelines, conduits, cables and appurtenances shown on the Drawings and specified herein. All work within the rights -of -way of the Municipal Government shall be done in compliance with requirements issued by that agency. All such requirements shall take precedence over these Specifications. It shall be the Contractor's responsibility to secure all required excavation permits and pay all costs thereof. Contractor will be required to obtain necessary road cut permits. 1.02 Related Work Specified Elsewhere. Section 02222 - Embedment and Base Course Aggregate 1.03 Field Conditions. A. Existing Utilities. Underground utilities, except service lines, known to the Engineer have been shown on the Drawings. Locations are approximate only and may prove to be inaccurate. The Contractor is responsible for verification of the existence, location and protection of all utilities within the construction area. Before commencing with work, the Contractor shall notify all public and private companies who may have utilities within the project limits. The Contractor shall coordinate with these entities all excavation performed. The Contractor shall obtain all permits required by utility owners. In the event of damage to any existing utility, the Contractor shall be solely responsible for the repair and payment for repair of all such damage. The Contractor shall make arrangements for and pay all costs for relocation of utilities requiring relocation as indicated on the Drawings. Should utility obstructions, not shown on the Drawings, be encountered and require relocation, the Contractor shall notify the Owner and the Engineer and shall make arrange- ments necessary for such relocation. The Owner shall pay the costs for such relocation. B. Existing Improvements. The Contractor shall restore or protect from damage all existing improvements encountered in performance of the work. Improvements damaged as a result of this work shall be restored to regional condition or better, as determined by the Engineer. 02221-1 Adjacent property shall be protected by the Contractor from any damage. The Contractor shall be held solely liable for any damage to adjacent property and shall be responsible for all costs resulting from repair of such damage. C. Soil Conditions. It shall be the responsibility of the Contractor to examine soil • conditions and characteristics, including the presence of groundwater that will be encountered within the limits of construction. 1.04 Protection of Work. A. Safety. All excavation shall be protected by barricades, lights, signs, etc., as required by governing federal, state and local safety codes and regulations. B. Sheeting, Shoring and Bracing. Where trench walls are not excavated at a stable slope, the Contractor shall provide and maintain support sufficient to prevent caving, sliding or failure and property or bodily damage. Any damage due to inadequate support shall be repaired at the sole expense of the Contractor. Under normal construction conditions, support shall be removed as work progresses. Support shall remain installed if directed by the Engineer or if pipe does not have sufficient strength to support backfill based on trench width as defined by the sheeting. Sheeting shall not be removed after the start of backfilling. Use of a movable trench shield or coffin box will not be allowed where pipe strength is insufficient to support backfill as defined by the trench width after the trench shield is removed. The Contractor shall be held solely responsible for any violation of applicable safety standards. Particular attention is called to minimum requirements of OSHA and COSH (Colorado Occupational Safety and Health). C. Site Drainage. Excavation to be protected from surface water at all times. 1.05 Blasting. No blasting shall be permitted without written consent of the Engineer. Blasting shall be done only after Engineer receives permission from the appropriate governmental authority(ies). Blasting shall be performed only by properly licensed, experienced individuals and in a manner such that no damage to any property or persons will occur due to either the blast or debris. Contractor shall provide proof of insurance as required by these Specifications, the governing authority or as required by Engineer prior to any blasting. All damage as the result of blasting shall be repaired, at the Contractor's expense, to the satisfaction of the Engineer. All earth or rock loosened by blasting shall be removed from excavations prior to proposed construction. • 1.06 Construction in Streets. When construction operations are located within streets make provisions at cross streets and walks for free passage of vehicles and pedestrians. Do not block streets or walks without prior approval. 1.07 Submittals. 02221-2 A. Bedding Material 1. Submit sieve analysis B. Select Fill 1. Submit sieve analysis 2.00 MATERIALS • 2.01 Embedment Material. Pipe line embedment material shall comply with the appropriate classes as listed below and as illustrated in the Construction Drawings: A. Class A - Use where indicated on the Drawings and where improper trenching or unexpected trench conditions require its use as determined by the Engineer. Characteristics - Concrete cradle foundation with densely compacted Class 6 aggregate base backfill to 12" above top of pipe, or densely compacted Class 6 aggregate granular foundation with concrete arch cover to 6" above top of pipe. B. Class B - Use for all plastic, clay and asbestos - cement pipe under normal construction conditions. Characteristics - Densely compacted Class 6 aggregate or 3/4" screened rock granular foundation of depth shown on Typical Details with densely compacted Class 6 aggregate or 3/4" screened rock to 12" above top of pipe. C. Class C - Use for all types of pipe not specified under Class B where normal construction conditions exist. Characteristics - Densely compacted Class 4 aggregate or 3/4" screened rock granular foundation of depth shown on Typical Details with densely compacted Class 4 aggregate or 3/4" screened rock to 12" above top of pipe. 2.02 Select Material. Subject to approval by the Engineer, select material shall be allowed in place of the aggregate backfill for Classes B & C embedment. A. Characteristics - Soil materials free from rocks, clods, and organic material, uniformly graded as follows: Pipeline Material Gradation Limits Plastic, clay and 3/4 inch max. with less than Asbestos - Cement 15% passing No. 200 sieve All others 11/2 inch max. with less than • 20% passing No. 200 sieve 2.03 Concrete for Embedment. Shall be 2000 psi concrete (28 day compressive strength). Reinforcement shall conform to ASTM A185, Grade 40. 2.04 Backfill Material. 02221-3 A. Characteristics - Native materials free from debris, organic matter and frozen material. Uniformly graded sufficient to allow proper compaction. B. Gradation - No boulders greater than 6 inch diameter in top 12 inches of backfill. Generally no boulders greater than 12 inch diameter in remainder of trench. Limited number of boulders not exceeding 24 inch diameter to be allowed at discretion of Engineer provided boulders can be uniformly dispersed and will not interfere in compactive effort. 3.00 METHODS AND PROCEDURES 3.01 Site Preparation. A. Clearing. Remove all vegetation, stumps, roots, organic matter, debris and other miscellaneous structures and materials from work site. Dispose of off -site. B. Topsoil Removal. Strip existing topsoil from all areas to be disturbed by construction. Topsoil to be stockpiled separately from excavated materials. C. Pavement Removal. -Not Applicable- 3.02 Trench Excavation. A. Limits of Excavation. Trenches to be excavated along lines and grades shown on the Drawings, or as modified in the field by the Engineer. Trench widths for pipe loading to be measured 12 inches above top of pipe. Minimum trench width to be the outside diameter of the pipe or conduit plus 16 inches. Maximum trench width to be the outside diameter of the pipe or conduit plus 24 inches for all pipes or conduits with outside diameter of 24 inches or less, and plus 30 inches for all pipes or conduits with outside diameters greater than 24 inches. If maximum trench width is exceeded, Contractor will provide at his expense, higher strength pipe or special bedding including concrete at the direction of the Engineer. Trench excavation not to be completed more than 100 feet in advance of pipe installation. Backfill to be completed within 100 feet of pipe installation. B. Groundwater Control. Contractor to maintain facilities on -site to remove all 0 groundwater from trench and keep water at least 12 inches below the trench bottom to a point such that a firm base for pipe or conduit installation exists. Facilities shall be maintained until all concrete is cured and backfilling is in place at least 24 inches above anticipated water levels before water removal is discontinued; all water removal shall be subject to approval by the Engineer. 02221-4 C. Stockpile Excavated Material. Excavated material to be stockpiled so as not to endanger the work or public safety. Maintain existing vehicular and pedestrian traffic with minimum disruption. Maintain emergency access and access to exist- ing fire hydrants and water valves. Maintain natural drainage courses and street gutters. Backfill material to be segregated from stockpiled topsoil and unusable backfill materials. D. Excavation for Appurtenances. Excavation to be done in accordance with these Specifications and as shown on the Drawings. Adequate working clearances to be maintained around appurtenances. Provisions for base and bottom prepara- tions shall apply to all appurtenances. Precautions to be taken to maintain trench widths in the vicinity of adjacent pipelines and conduits. 3.03 Bottom Preparation. A. Undisturbed Foundation. Where soils are suitable and have adequate strength, bottom to be graded and hand -shaped such that pipe barrel rests uniformly on undisturbed soil. All rocks or stones which may result in a point bearing on the pipe shall be removed. Undisturbed grades shall be within 0.1 feet t tolerance. Soils for final pipe grade placed within these limits shall be fine granular (100% passing No. 4 sieve) or may be native materials, hand compacted to 95% maximum density. B. Bell Holes. Material to be removed to allow installation of all fitting and joint projections without affecting placement of pipe. C. Overexcavation. Whenever trench is overexcavated to eliminate point bearing by rocks or stones or when undisturbed grade tolerances of 0.1' are exceeded, the Contractor is to re-establish grade using Class 6 aggregate bedding material. Compaction shall be 95% maximum density. All work to re-establish grade shall be at the Contractor's expense. D. Unstable Materials. Materials which are not capable of supporting superimposed loadings are defined as unstable materials. Should unstable materials be encountered during excavation, immediately notify Engineer. If, in the opinion of the Engineer, unstable soil excavation is required and the Contractor could not have reasonably been expected to discover the existence of such materials during his site investigation, then a contract price for Unstable Soil Excavation shall be negotiated between Owner and Contractor. No payment shall be made for materials excavated prior to notification of the Engineer and negotiation of payment for extra work. Inclusion of a bid item for Unstable Soil Excavation indicates such excavation is anticipated. The Contractor is to notify the Engineer prior to any unstable soil excavation; no payment shall be made for excavation prior to authorization of 02221-5 Engineer. E. Rock Excavation. Rock excavation shall be defined as removal of boulders in excess of three (3) cubic yards of solid or fractured rock, which makes hand shaping of the bottom impossible and which requires techniques, such as blasting • or jacking for removal, other than those which are being employed by the Contractor or are normally used in trench excavation, such as use of backhoes, trenchers, draglines, etc. Should unanticipated rock conditions be encountered, immediately notify the Engineer. If in the opinion of the Engineer, rock excavation is required and the Contractor has in fact made a diligent and determined effort to remove the material using normal excavation procedures as stated above, and the Contractor could not have reasonably been expected to determine the existence of such material during his site investigation, then a contract price for rock excavation shall be negotiated between the Contractor and the Owner. No payment shall be made for excavation performed prior to determination of a negotiated price. Rock shall be removed to a 4" depth below grade, Additionally, all rock loosened during jacking, blasting, etc., shall be removed from the trench. For payment purposes, maximum trench width to be paid for shall be as defined in Subsection 3.02, A. Maximum depth to be paid for shall be 12" below required grade. All overexcavation shall be replaced as specified in Subsection 3.03, C. Inclusion of a bid item for rock excavation indicates such excavation is anticipated. Contractor to notify Engineer prior to any rock excavating; no payment shall be made for excavation prior to notification. 3.04 Backfilling. A. Tamping Equipment. Except immediately next to the pipe, mechanical or air operated tamping equipment to be used. Hand equipment such as T-bar to be used to pipe if necessary. Care to be taken when compacting under, along side and immediately above pipe to prevent crushing, fracturing or shifting of the pipe. The Contractor is to note densities required for materials being backfilled and shall use appropriate approved equipment to obtain those densities. Wheel rolling is not considered to be an adequate compaction technique to meet these Specifications and will not be allowed. Where 85% compaction is required, wheel rolling may be considered. Before acceptance, the Contractor shall backfill a portion of the trench and pay for density testing to verify adequacy of the proposed backfill techniques. A hydro hammer may be allowed to obtain the specified density up to 4' in depth. The Contractor will be required to re -excavate those areas that have been tamped so that density tests can be taken to insure that the specified density is being obtained full depth. B. Moisture Control. Generally maintain moisture of backfill material with + 2% of optimum moisture content as determined by ASTM D698. Maintain closer tolerances as needed to obtain densities required. 02221-6 C. Compaction. Maximum density (100%) based on ASTM D698 or AASHTO T99. 1. Bedding Material, including material used for over -excavation of any kind: 95% 2. Select Material: 95% • 3. Backfill beneath existing or proposed pavement, roadways, sidewalks, curbs, utility lines and other improvements or within 5' horizontally of such improvements: 95% 4. Backfill within public or designated right-of-way: 90% or as shown on the Drawings. 5. Backfill within undeveloped, green or undesignated area: 85% D. Placing Backfill. The maximum loose lifts of backfill material to be as follows: use smaller lifts where necessary to obtain required densities: 1. Bedding and select material: 6" (or see Section 3.03A). 2. Backfill Material: 12" where 95% compaction required. 24" where less than 95% compaction required. E. Backfilling Appurtenances. Backfilling to be done generally at the same time as adjacent pipelines. Backfilling procedure to conform to this section. Use special techniques or materials as shown on drawings. F. Disposal of Excess Excavation. Contractor to dispose of excess excavation off - site. The Owner shall have the right to elect to have the excess excavation disposed of at a designated site within the work limits. Excavation may be wasted on -site only if approved by the Engineer. Disposal in any case shall be the sole responsibility of the Contractor. G. Jetting. Jetting and water inundation are generally not permitted methods of compaction. The Engineer may allow jetting under certain field conditions. Techniques including depth of lifts, amount of water to be used, penetration of hose jet, etc., shall be at the direction of the Engineer. No jetting will be allowed on materials with a 200 minus gradation of greater than 15%. Contractor shall pay cost of all water used, soil classification testing and an retesting or recompaction required. No jetting shall be done prior to written approval and direction of the Engineer. H. Maintenance of Backfill. Contractor to maintain all backfill in a satisfactory condition during the extent of the contract and warranty period. All surface deterioration determined to be the responsibility of the Contractor and all settlement shall be repaired at once by the Contractor upon notice by the Owner. All costs for repair and all liability as a result of surface deterioration or settlement shall be the responsibility of the Contractor. Clay Barrier Water Stops. Because of the presence of ground water, a clay barrier 02221-7 may be required to be installed full depth in trench in place of all bedding material and backfill. This barrier shall be full depth and two feet thick and installed every 500 lineal feet of trench. All such work, when not specifically called for on the Drawings, shall be done at a price to be negotiated between Owner and Contractor prior to commencement of Work. 3.05 Surface Restoration. All existing surface improvements and site conditions disturbed or damaged during construction to be restored to a condition equal to pre -construction condition. All restoration costs are considered incidental to excavation and backfill. A. Improvements. Replace, repair or reconstruct all improvements as required. Work will not be accepted until restoration is accepted by Engineer and all affected property owners. Improvements include, by example, other utilities, culverts, structures, curb and gutter, mail boxes, signs, etc. B. Final Grading. The Contractor is to re-establish existing final grade or finish final grades as modified and shown on the Drawings. The Contractor is to backfill to proper subgrade elevation with backfill material to allow placement of surface improvements or materials. C. Roadways. All roadways to be restored to original condition with material types removed. Materials and methods to conform to Section 02222, Embedment and Base Course Aggregate. Additional requirements are: Minimum base course material on gravel roadways or minimum depth gravel on hard surface roadways to be 8". 2. Minimum bituminous surfacing -Not Applicable- 3. Minimum concrete paving -Not Applicable- D. Green Areas. -Not Applicable- 4.00 QUALITY CONTROL - FIELD 4.01 Compaction. It should be fully understood that it will be the sole responsibility of the Contractor to achieve the specified densities for all embedment and backfill material placed. Contractor will be responsible for ensuring that correct methods are being used for the placement and compaction of said materials. Correct backfill methods include, but are not limited to: Use of proper equipment for existing soil condition encountered. 2. Moisture content of existing soils; determination if water should be added or if soil should be air dried to reduce moisture content. • 3. Thickness of backfill lift. Contractor may, at his own expense, have an approved geotechnical engineer monitor the methods of backfill and compaction used to ensure that the desired densities are being obtained. Inspection and testing will be performed as directed by the Engineer. Testing will be conducted 02221-8 as a quality control check to verify the Contractor's compliance with the standards indicated in the Specifications. 4.02 Inspection and Testing. Inspection and testing to be performed at the direction of the Engineer. Contractor to cooperate fully with all persons engaged in testing. Contractor to excavate as required to allow testing. Contractor to backfill all test excavations in accordance with these Specifications. 0 4.03 Density Testing and Control. A. Reference Standards. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or AASHTO T99. B. Field Testing. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. C. Frequency of Testing. Minimum of one (1) test every 250' trench per lift or as directed by Engineer. Contractor to excavate to depths required by Engineer for testing and backfill test holes to density specified. Testing to be paid for by Owner. D. Retesting. In the event of failure to meet compaction criteria, Contractor shall re - excavate and re-backfill at direction of Engineer. All retesting to be paid for by Contractor and to be performed by soils testing firm approved by the Engineer. 4.04 Payment for Testing. Owner responsible for all costs of initial testing of backfill. Contractor to pay all costs of any retesting required. 5.00 MEASUREMENT AND PAYMENT Item Measurement Payment Trenching/Backfilling Not Applicable Part of Related Operations. End of Section U 02221-9 SECTION 02222 EMBEDMENT AND BASE COURSE AGGREGATE • 1.00 GENERAL 1.01 Scope. This work shall consist of furnishing and placing one or more courses of aggregate on the prepared surface in accordance with these Specifications in reasonably close conformity with the lines, grades and typical cross sections shown on the drawings or established by the Engineer in the field. 1.02 Related Work Specified Elsewhere. Section 02201 - Excavation and Backfill for Structures Section 02221 - Trenching, Backfilling and Compaction 1.03 Submittals. A. Aggregates. Certified statement from independent testing laboratory, acceptable to Engineer, of material compliance. 2.00 MATERIALS Aggregate used for pipeline bedding, base course and subbase course and specified by Class in other sections of this Specification shall conform to the gradation schedule shown below. CLASSIFICATION TABLE FOR AGGREGATE BASE COURSE* Percentage by Weight Passing Square Mesh Sieves Sieve LL not greater than 35 LL not greater than 30 Designation Class I Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 4 inch ---- 100 ---- ---- ---- 3 inch ---- 95-100 ---- ---- ---- 21/2 inch 100 ---- ---- ---- ---- 2 inch 95-100 ---- ---- 100 ---- ---- ---- 11/2 inch ---- ---- ---- 90-100 100 ---- ---- 1 inch ---- ---- ---- ---- 95-100 ---- 100 3/4 inch ---- ---- ---- 50-90 ---- inn No.4 30-65 ---- ---- 35-50 30-70 30-65 ---- No. 8 ---- ---- ---- ---- ---- 25-65 20-85 No. 200 3-15 3-15 20 max. 3-12 3-15 3-12 5-15 *Reproduced from Colorado Department of Highways Standard Specifications for Road and Bridge Construction. 02222-1 3.00 METHODS AND PROCEDURES 3.01 Placing. The base course material shall be placed on the previously prepared subgrade at the locations and in the proper quantities to conform to the typical cross sections as shown on the Drawings and as directed by the Engineer. Placing and spreading shall be done by means of spreader machine, moving vehicle, motor grader or other approved equipment methods. The material shall be placed without segregation. Any segregated areas shall be removed and replaced with uniformly graded material at the Contractor's expense. The base material may be placed in lifts of up to 6 inches, providing that after compaction, uniform density is obtained throughout the entire depth of the lift. If the required depth exceeds 6 inches, it shall be placed in two or more lifts of approximately equal thicknesses. If uniform density cannot be obtained by 6 inch lifts, the maximum lift shall not exceed 4 inches in final thickness. 3.02 Compacting. Rolling will be continuous until the base material has been compacted to not less than 95% of maximum density as determined by ASTM D698 or AASHTO T99. Water shall be uniformly applied as necessary during compaction to obtain optimum moisture content and to aid in consolidation. The surface of each layer shall be maintained during the compaction operations in such a manner that a uniform texture is produced and the aggregates are firmly keyed. The finished base course surface shall be smooth and free of ruts and irregularities and true to grade and crown as shown on the plans or as directed by the Engineer. The final surface shall be finished with a surface smoothness tolerance of 1/4 inch, measured as vertical ordinate from the face to a ten -foot straight edge. The base course shall be maintained in this condition by watering, drying, rolling or blading as necessary, or as the Engineer may direct, until the surface material is placed. 4.00 QUALITY CONTROL - FIELD 4.01 Inspection and Testing. Inspection and testing to be performed at the direction of the Engineer. Contractor to cooperate fully with all persons engaged in testing. Contractor to excavate as required to allow testing; Contractor to backfill all test excavations in accordance to these Specifications. 4.02 Density Testing and Control. A. Reference Standards. Density/moisture relationships to be developed for all soil types encountered according to ASTM D698 or ASSHTO T99. B. Field Testing. Testing for density during compaction operations to be done in accordance with ASTM D2922 using nuclear density methods. C. Frequency of Testing. Conduct a minimum of one test for each layer of specified depth of fill or backfill as follows: 0 Foundations: For each 100 lineal feet or less of trench. Slabs on Grade: For each 2,000 square feet or less of building area. 02222-2 Pavement and Walks: For each 2,000 square feet or less. All Other Areas: For each 5,000 square feet or less. Utility Trenches: For each 250 lineal feet or less of trench. • 4.03 Payment for Testing. Owner is responsible for all costs of initial testing of backfill. Contractor to pay for all costs of any retesting required. 5.00 MEASUREMENT AND PAYMENT U Item Measurement Payment Embedment/Bedding Not Applicable Included with structure/piping being bedded or constructed. Payment for aggregate shall include haul and water required. End of Section 02222-3 SECTION 03300 CAST -IN -PLACE CONCRETE 1.00 GENERAL • 1.01 Scope. Work to be completed under this section shall include all labor, equipment, plant and materials necessary to furnish and install all poured -in -place concrete, together with all miscellaneous and appurtenant items, as shown on the Drawings and as specified herein. 1.02 Related Work Specified Elsewhere. Section 02200 - Excavation and Embankment Section 02201 - Excavation and Backfill For Structures 1.03 Reference Standards. Except as modified or supplemented herein, all Work shall conform to the following standards. Refer to standards for detailed requirements. ACI 318 - Building Code Requirement for Reinforced Concrete ACI 301 - Specifications for Structural Concrete for Buildings ACI 347 - Recommended Practice for Concrete Framework ACI 605 - Recommended Practice for Hot Weather Concreting ACI 306 - Recommended Practice for Cold Weather Concreting Publication SP-2, ACI Manual for Concrete Inspection ASTM A 615 - Standard Specifications for Deformed and Plain Billet Steel Bars for Concrete Reinforcement ASTM A 185 - Specifications for Welded Steel Fabric for Concrete Reinforcement 1.04 Submittals. A. Lab Design Mix. Prior to the start of Work, Contractor to submit a statement of the proportions for the concrete mixture. Statement to include: Location & identification of aggregate source. 2. Batch quantities for one (1) cubic yard of concrete, including: a. Weight of fine aggregate in a saturated surface dry condition. b. Weight of coarse aggregate in a saturated surface dry condition. C. Weight or number of 94 pound bags of cement. • d. Weight or gallons of water. e. Amount and description (including manufacturer, specific product name, and number) of all admixtures. 03300-1 3. Test results on trial batch concrete made from the proposed mix design, including: a. Cement factor in bags per cubic yard based on yield tests. b. Water -cement ratio. • C. Percent of entrained air. d. Consistency in inches of slump. e. At least three 7-day compressive strength tests. 4. Brand, type and place of manufacture of cement. 5. Aggregate test results for grading, deleterious substances and physical properties using test procedures developed by AASHTO. B. Reinforcing Steel. Product data sheet and statement of manufacturer's compli- ance with applicable standards. 1.05 Record of the Work. Contractor to keep a record of time, date and location of each concrete pour and submit these records to the Engineer. 1.06 Notice of Intention to Pour. Contractor shall notify the Engineer at least 48 hours before an intended cast -in -place concrete pour. No structural cast -in -place concrete shall be poured until all reinforcing, forms and foundation soils have been inspected by the Engineer. 1.07 Protection of the Work. Contractor to be responsible for protection of all Work prior to acceptance. In place concrete shall not be subjected to loadings or stress prematurely. 1.08 Storage of Materials. Cement and aggregate shall be stored in such a manner as to prevent deterioration or intrusion of foreign matter. Any material which has deteriorated or which has been damaged shall not be used for concrete. All reinforcing steel shall be stored in a dry location and protected from excessive accumulation of rust or scale. 2.00 MATERIALS 2.01 Cement. All cement shall be Portland Cement Type II conforming to "Specifications for Portland Cement" (ASTM C 150-62). Type III cement may not be used except upon written approval of the Engineer. The same brand cement for all exposed cast -in -place concrete shall be used. 2.02 Stone Aggregate. Fine and course aggregate shall conform to "Specifications for Concrete Aggregates" (ASTM C33-61T). Fine aggregates shall be clean, hard, natural and free from all foreign matter. Course aggregate shall be sound, crushed rock or gravel, free from • adherent coating, organic water or injurious amounts of flat or friable pieces. The aggregate shall comply with Concrete Class BZ, Reference Specification. 2.03 Water. Water used in mixing shall be potable, cleaned and free from deleterious amounts of oil, acids, alkalis and organic material. 03300-2 2.04 Admixtures. "Protex" as manufactured by Protex Industries, Inc. and conforming to Specifications of Air -Entraining Admixtures for Concrete (ASTM C260) is an approved air - entraining admixture. Other admixtures for retarding or accelerating concrete may be used in strict accordance with manufacturer's recommendations and ASTM Specifications upon approval of the Engineer. 2.05 Form Material. For unexposed concrete surfaces, forms may be undressed lumber free • from excessive knots. For exposed surfaces, use wood or metal forms as required to give finish as specified. 2.06 Reinforcing Steel. Reinforcing steel shall be deformed bars conforming to "Standard Specifications for Deformed and Plain Billet Steel Bars for Concrete Reinforcement" (ASTM A615) and shall be Grade 60 for #5 bars and larger and Grade 40 or 60 for bars smaller than #5. 2.07 Welded Wire Fabric. Welded wire fabric shall conform to "Specifications for Welded Steel Fabric for Concrete Reinforcement" (ASTM All 85) and shall have a minimum wire yield strength of 60,000 psi. 3.00 METHODS AND PROCEDURES 3.01 Concrete Mix. A. Proportions. Concrete is to be proportioned according to laboratory designed mixes using the type of aggregate specified and producing the minimum of twenty-eight (28) day ultimate compressive strength of 3,750 psi for all concrete Work. All concrete shall be made with stone aggregate unless specifically noted, and no concrete shall have a 28 day compressive strength of less than 3,750 psi. B. Cement and Water Content. The minimum quantity of cement used per cubic yard of concrete shall be 580 pounds. Water content shall not exceed 0.48 pounds water/pounds cement. C. Air Entrainment. An air -entraining agent shall be added to all stone concrete so as to entrain 5%-8% by volume. Air -entraining agents shall be in strict accordance with the recommendations of the manufacturer and the testing laboratory for the design mix to assure strength requirements are being fully met or exceeded. D. Mixing of Materials. The concrete shall be mixed until there is a uniform distribution of the materials and shall be discharged completely before the mixer is recharged. For job -mixed concrete, the mixer shall be rotated at the speed recommended by the manufacturer. For stone concrete, mixing shall continue for at least one minute after all materials are in the mixer. Ready mixed concrete shall be mixed and delivered in • accordance with "Standard Specifications for Ready Mixed Concrete" (ASTM C94- 69). Sufficient time shall be allowed for proper mixing on the concrete to provide uniformity throughout the batch. Long delays in concrete placement shall be avoided and any concrete which has not been placed within one (1) hour after 03300-3 water has been added to the mix shall be rejected. Over wet mixes shall be rejected and shall not be corrected by the addition of either aggregate or cement to the mixer. Mix not less than ten minutes in transit mix trucks after addition of the mixing water. • E. Consistency. Slumps shall be minimum, consistent with placing requirements. Slump test shall be made in accordance with "Slump Test for Consistency of Portland Cement Concrete" (ASTM C143-58). Unless written approval is obtained from the Engineer, the maximum slump shall be three (3" ±V) inches and the maximum size aggregate shall be one and one-half (11/2) inches. 3.02 Concrete Forms. A. Forms shall conform to the shape, lines, grades and dimensions of the concrete as detailed on the Drawings. All forms for exposed finished surfaces shall be built with the material needed to produce the form, texture and design specified in Concrete Finishes of this section. B. Design of Forms. Forms shall be sufficiently tight to prevent leakage of mortar and shall be properly braced or tied together so as to maintain the desired position. The form work shall be designed for the loads outlined in Part 3, Section 102 of "Recommended Practice for Concrete Form Work" (ACI 347-78). The forms shall be oiled for ease of removal of forms after setting of concrete. C. Form Ties and Incidentals. Form ties shall be bolts and rods (adjustable for tightening) arranged so that no metal is within 34' of surface after removal of forms. Ordinary wire ties will be allowed with the specific approval of the Engineer. No ties through exposed concrete will be allowed. Set forms for all required anchors, bolt inserts, slots, sleeves, supports, etc., furnished under portions of this Specification and installed under this section. D. Removal of Forms. Forms shall not be disturbed until concrete has hardened sufficiently to permit their removal with safety. The removal of the forms shall be carried out in such a manner as to insure the safety of the structure. Unless otherwise permitted by the Engineer, forms shall not be removed until 24 hours after pouring. 3.03 Construction and Expansion Joints. Expansion and control joints shall be constructed in accordance with plan details. Unless otherwise indicated on the Drawings, install one inch (1 ") thick asphalt impregnated fiberboard expansion joint filler (ASTM D1752) wherever concrete slabs abut buildings or footings or as shown on the plan details. All expansion joint filler shall extend the full depth of the slab. 3.04 Concrete Placement. • A. Preparation for Placing. Before placing concrete, all equipment for mixing and transporting concrete shall be cleaned and all debris and ice shall be removed from places to be occupied by concrete. Forms shall be properly treated and all reinforcement cleaned of ice and other coatings. Water shall be removed from place of deposit before concrete is placed. 03300-4 B. Conveying. Concrete shall be conveyed from the mixer to the place of final deposit by methods which will prevent the separation or loss of the materials. Equipment for chuting, pumping, or pneumatically conveying concrete shall be of such size and design as to insure a practically continuous flow of concrete at the delivery and without separation of the materials. C. Other Trades. Install by way of example, anchor bolts, reinforcing steel, pipe and • conduit openings and sleeves, bearing plates, and knockouts as provided by other trades and as required by other trades. Provide minimum 7 days notice to Engineer, Owner, or other trades prior to requiring materials or detailing information. Installation to meet location, dimension and alignment requirements of other trades. D. Depositing. Concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The concreting shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrete that has been partially hardened or been contaminated by foreign matter shall be deposited on the Work, nor shall re -tempered concrete be used. When concreting is once started, it shall be carried on as a continuous operation until the placing of the panel or section is completed. Place concrete in approximately horizontal layers avoiding displacement of reinforcement above fresh concrete and formation of seams and planes of weakness in sections. When construction joints are necessary, they shall be located as specified in this section under Construction Joints. For bonding fresh concrete, roughen and clean exposed surface and brush with neat cement grout. Place new concrete before grout takes initial set. E. Compaction. Place concrete in layers not over 24" deep; compact each layer by mechanical internal vibrating equipment supplemented by hand spading, rodding, tamping, as directed. Vibrators shall not be used to transport concrete inside forms. Limit vibration duration to the time necessary to produce satisfactory consolidation without causing objectionable segregation. Do not insert vibrator into lower courses that have begun to set. F. Weather Conditions. Unless adequate protection is provided and the Engineer's approval is obtained, concrete shall not be placed during rain, sleet, or snow. When the mean temperature falls below 40O F for 3 successive days, concreting shall conform to "Recommended Practice for Cold Weather Conditions: (ACE 306 R-78). Concrete placed in hot weather shall meet the standards of "Recommend- ed Practice for Hot Weather Concreting (ACI 305R-77). Concrete is not to be placed under water. A suitable means shall be provided for lowering the water level below surfaces upon which concrete is to be placed. This may require excavating approximately 12 inches below the bottom of the concrete surface and refilling with gravel and compacting. The groundwater shall not be allowed to rise to the bottom of the concrete until 24 hours after the concrete has been completed. Water shall not be allowed to fall upon or run across the concrete during this period. G. Protection and Curing. Concrete protection and curing shall be in conformance with ACI 308-71. Immediately after placing or finishing, concrete surfaces not 03300-5 covered by forms shall be protected from loss of surface moisture. All concrete shall be kept in a moist condition for at least five (5) days after placement. Curing compounds may be used upon approval of the Engineer. 3.05 Slabs on Grade. All slabs on grade shall be poured directly on the vapor barrier and • prepared gravel subgrade where shown on the Drawings. Construction joints shall be placed such that no section of slab is greater than 25 feet on a side. Finishes, Expansion & Control Joints & Protection shall be as specified under other sections of this section. Minimum six inch (6") Class 6 aggregate base course shall be installed under the entire slab unless otherwise directed by the Engineer. The grading requirements as per Section 02222 for the aggregate course shall apply. 3.06 Concrete Finishes. A. Patching. Patching shall be done on all concrete surfaces immediately after stripping forms; all exposed surfaces shall have fins and other projections carefully removed, offsets leveled, and voids saturated with water and patched to a true and even surface with a wood float. Patch all holes left by the removal of the form ties or bolts. Patching material shall be a stiff mixture of sand and cement, the color of which matches the concrete being patched. Any major area of faulty or honeycombed concrete shall be completely removed and patched at the direction of the Engineer. B. Floor slabs. All concrete slabs shall be screened to levels or grades indicated and float finished monolithically completely free from humps or pits. Slabs shall not show surface deviation in excess of one quarter inch (1/4") when tested with a 10 ft. straight -edge. Before the finish has set, the surface cement film shall be removed with a fine brush in order to have a fine-grained, smooth but sanded texture. C. Rubbed finish. All exposed concrete surfaces shall have a rubbed finish. After removal of forms, rubbing of all exterior surfaces shall be started as soon as its condition will permit. Immediately before starting this Work, the concrete shall be kept thoroughly saturated with water. Sufficient time shall have elapsed before the wetting down to allow the mortar used in the pointing to thoroughly set. Surfaces to be finished shall be rubbed with a medium course carborundum stone, using a small amount of mortar on its face. The mortar shall be composed of cement and fine sand mixed in the same proportions as the concrete being finished. Rubbing shall be continued until all form marks, projections and irregularities have been removed, all voids filled and a uniform surface has been obtained. The paste produced by this rubbing shall be left in place. After all concrete above the surface being treated has been cast, the final finish shall be obtained by rubbing with a fine carborundum stone and water. This rubbing shall be continued until the entire surface is of a smooth texture and uniform color. After the final rubbing is completed and the surface has dried, it shall be rubbed with burlap to remove loose powder and objectionable marks. 03300-6 D. Chamfer. All exterior corners shall receive 3/4" chamfer. 3.07 Reinforcing. A. Placing Reinforcement. Reinforcing steel, at the time concrete is placed, shall be free from scale, rust or other coatings that will destroy or reduce bond. • Reinforcement shall be accurately placed as shown on the Drawings and shall be adequately secured in position by concrete or metal chairs and spacers. Reinforcing shall be furnished in the full lengths indicated on the Drawings unless otherwise authorized by the Engineer. Splicing of bars, except where shown on the Drawings or specified, shall not be permitted without written approval by the Engineer. Reinforcement placed in any member shall be inspected before any concrete is placed and the Engineer shall be notified 24 hours in advance before any concrete placement. The placing, fastening, splicing and supporting of reinforcing steel and welded wire fabric shall be in accordance with the Drawings and the latest edition of the CRSI "Recommended Practice for Placing Reinforcing Bars" and in accordance with ACI 318-77. Bars shall be placed around all corners to splice steel in adjacent walls, footers and slabs (such detailing may not be shown on Drawings). B. Concrete Protection & Reinforcement. Where not otherwise indicated on the Drawings, the minimum thickness of concrete over the reinforcement shall be as follows: Concrete deposited against earth - 3" 2. Slabs and walls not exposed to weather or earth - 3/4" 3. All other concrete placed in forms: For bars larger than #5 - 2" For bars #5 or smaller - 11/2" C. Bearing Plates, anchor bolts, etc. Place all bearing plates, anchor bolts, reinforcing rods and other structural items furnished by other trades. Contractor to provide 7-day notice to all such trades prior to affected pour. Installation to be within tolerances required by other trades. 4.00 FIELD QUALITY CONTROL 4.01 Concrete Tests. 6" x 12" cylinders shall be taken at the point of placing in the forms, shall be job cured and tested in accordance with ASTM Standards by the Engineer. For each strength of concrete used, one set of four (4) cylinders for each day's pour, but not less than one (1) set of cylinders for each 100 cubic yards poured shall be taken. Two (2) cylinders at seven (7) days and two (2) cylinders at twenty-eight (28) days shall be tested. In addition, when in the opinion of the Engineer there is a possibility of the surrounding air temperature falling below 400 F, additional specimens to be cured under job conditions may be required. 03300-7 4.02 Enforcement of Strength Requirements. Should the strengths shown by the test specimens fall below the specified values, the Engineer shall have the right to require changes in proportions to apply on the remainder of the Work. If concrete fails to meet the strength requirements of this specification, the Engineer may order • the Contractor to have a testing laboratory, acceptable to the Engineer, take and test core samples of questionable concrete. The Engineer may order all low -strength concrete removed and replaced if core strengths are below specified strengths. All costs connected with concrete coring and removal and replacement of low -strength concrete shall be borne by the Contractor. Contractor shall repair all core holes at his expense. 4.03 Slump Tests. Engineer to conduct slump tests on each day's pour and on individual trucks whenever concrete consistency varies. Test failure shall be grounds for rejection of individual or batch loads. 4.04 Air Content. Engineer to conduct air tests on each day's pour and on individual trucks as determined by the Engineer. Test failure shall be grounds for rejection of entire batch until satisfactory tests are obtained. 5.00 MEASUREMENT AND PAYMENT Item Cast -in -Place Concrete Measurement Cubic Yard End of Section Payment As part of Associated Structure. 03300-8 SECTION 06300 WOOD AND METAL FENCING, RAILING AND POSTS 1.00 GENERAL • 1.01 Scope. Work under this Section shall consist of furnishing all materials, labor, equipment and miscellaneous items necessary to furnish and install wood fencing, guardrails and rail posts as shown on the Drawings. 1.02 Reference Standards. All work and materials shall be in compliance with applicable standards for the Colorado Department of Highways. 2.00 MATERIALS 2.01 Wood Fencing. Species and stress grades as shown on the Drawings. 2.02 Fence Posts. Species and stress grades as shown on the Drawings. 2.03 Metal Rail Posts. A. Metal rail posts shall be the section and length specified or as shown on the Drawings. They shall be of copper bearing steel when so specified. Steel shall conform to the requirements of AASHTO M-183 for the grade specified. 2.04 Rail Hardware. Splices and end connections shall be the type and design as specified or shown on the Drawings and should be of such strength as to develop the full design strength of the rail elements. A. End anchor rods and accessories shall be specified or as shown on the Drawings and shall be of such size and strength as to develop design strength of the rail elements. B. High strength bolts, nuts and washers conforming to ASTM A-325 shall be hot dipped galvanized in accordance with AASHTO or electroplated in accordance with ASTM A-164, or cadmium plated in accordance with ASTM A-165. Unless otherwise specified, all other fittings, bolts, washers and other accessories shall be galvanized in accordance with requirements of AASHTO M-111 or AASHTO M-232, whichever may apply. Where high strength bolts are required, they shall conform with the requirements of ASTM 325. Nuts, bolts and washers shall be galvanized in accordance with AASHTO M-232 or ASTM B-454, Class 50 thickness, and threaded to the dimensional tolerances required. 2.05 Structural Steel. Shall conform to ASTM A36. 2.06 Corrosion Resistance. For structural steel posts, conform to Section 708.03, reference 06300-1 standard or if applicable, conform to corrosion resistance specified on Drawings. 3.00 METHODS AND PROCEDURES 3.01 Post and Rail Elements. A. Posts shall be set firm and aligned with an allowance of t 1 /4" 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 as required on Drawings by one of the following methods: 1. Driven in place. 2. Set in dug holes. 3. Set in concrete base. Driving of posts shall be accomplished with approved methods and equipment that will leave the posts in their final position, free from any distortion, burring or other damage. Excavated post holes shall have a firm bottom and be backfilled with acceptable materials placed in layers and thoroughly compacted. Wood posts cut in the field shall have the cut surfaces protected with two coats of hot creosote or a 5% pentachlorophenol-oil solution. When the cut surface is above ground, the treating solution to be used shall be the same type as used in the original treatment. B. 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. Traffic side of the rail/posts installation shall have the bolt heads countersunk flush with the traffic side face of the rail. 4.00 FIELD QUALITY CONTROL 4.01 Inspection and Testing. Inspection and testing to be performed at the direction of the Engineer. Contractor to cooperate fully with all persons engaged in testing. 5.00 MEASUREMENTS AND PAYMENT Fence and railing shall be paid for as part of the following two sections: Item Rail on Pit Wall Post and Fencing Specs:06300 Measurement Linear Feet Linear Feet Payment Per Bid Schedule Per Bid Schedule End of Section 06300-2 SECTION 16010 ELECTRICAL - GENERAL PROVISIONS 1.00 GENERAL 1.01 Scope. The Work covered by this section of the Specifications shall include furnishing all labor, equipment supplies and materials necessary for the installation of the complete electrical system as shown on the accompanying plans and specified herein. It is the intent of these documents that the entire electrical installation be complete in every respect, and any minor items omitted but obviously necessary to accomplish this intent, shall be furnished and installed. The Work includes, but is not limited to, the following: 1) Complete distribution system for power; and 2) lighting. 1.02 Definitions. A. The "Contractor" referred to in this Division shall mean the Electrical Contractor. B. Instructions such as "provide..." shall mean, "Contractor shall be responsible for the furnishing and installing of...", etc. C. Approved Equivalent: Materials, equipment or methods deemed satisfactory in writing by the Engineer as a substitute for those specified. This approval does not remove the requirements for Shop Drawings. 1.03 General Requirements. The Drawings indicate the general diagrammatic layout of the complete electrical system - arrangement of feeders, circuits, controls, panel boards, service equipment, fixtures and other work. Field verify scale dimensions. Actual locations, distances and levels will be governed by actual field conditions. All dimensions and locations shall be taken from the drawings. 1.04 Codes, Regulations and Standards. A. The electrical installation shall be in compliance with the requirements of the latest edition of the National Electrical Code, OSHA and the rules, regulations and requirements of the power company supplying power. B. Comply fully with all city, county and state laws, ordinances and regulations applicable to electrical installation. • C. Furnish equipment equal to or exceeding the minimum requirements of NEMA, , IEEE and Underwriters' Laboratories. 16010-1 1.05 Inspection, Tests and Guarantees. A. At a time designated by the Engineer, the Contractor shall conduct final operating tests, inspections and demonstrations of electrical systems. This inspection shall be done in the presence of the Engineer and shall assure that the installation conforms to the requirements of the Contract. • B. Study the electrical drawings and report any errors or omissions to the Engineer or Owner prior to construction. C. Standards, Specifications, Drawings and codes referred to herein are considered a part of these Specifications. D. Obtain permits and services of inspection authorities and pay required fees. E. Shop Drawings: -Not Applicable- G. Substitutions: Electrical installation involves items that are to be salvaged from the existing snowmelter installation. Contractor may recommend a substitution if an item cannot be salvaged for re -use from the existing melter. H. Materials to be furnished by the Contractor shall be new and unused and free from defects. Materials shall bear the Underwriters' Laboratory, Inc. label provided a standard has been established for the material in question. One (1) set of drawings shall be held on the job and kept up-to-date with "as- builts" data and revisions marked thereon. This set is not to be used for construction. Upon completion of the Work, furnish Engineer with two (2) sets of marked up prints showing the "as -built" installation. J. All new electrical work and all new items of equipment and materials shall be guaranteed for a period of one year (365 days) from the date of final inspection and acceptance of the Work. The Contractor shall be notified in writing of any defective items and shall repair or replace such items promptly without cost to the Owner. K. Clean-up: Maintain and leave the premises in a neat and clean condition. Electrical equipment shall be left clean and undamaged. The Contractor shall repair or replace damaged items at no expense to the Owner. 1.06 Examination of the Site. A. Verify locations of existing and/or new underground utilities prior to excavation. B. Construction Utilities: Provide construction power and lighting as required by the 110 General Contractor. The General Contractor shall be responsible for all energy costs. Conform to code requirements for temporary facilities. Specific attention is drawn to Articles 210 and 305 of the NEC, and OSHA requirements. 16010-2 1.07 Delivery and Storage. A. Deliver materials (except bulk materials) in manufacturer's unopened containers fully identified with manufacturer's name, trade name, type, class grade, size and color. B. Store materials, equipment and fixtures in unopened containers. Store off the ground and under cover, protected from damage by the elements. 1.08 Cutting and Patching. • A. Where cutting, channeling, chasing, welding, or drilling is necessary for the electrical work, perform such work. Repair any damage by skilled mechanics of the trades involved. Such operations shall have prior approval of the Engineer. 1.09 Excavatina and Backfill. A. Excavate in connection with the electrical work as required. Earth is to be backfilled in thin layers, compacting and tamping each layer in accordance with the specifications. Exercise necessary caution such as removal of all rocks, stones, etc., from the bottom of the trench and from the backfill material so as to avoid damage to the wiring and/or conduit runs. B. Verify locations of all existing and/or new underground utilities prior to trenching and, if damaged by this Contractor, replace immediately in an approved manner and at no expense to the Owner. C. When trenching is done through specially treated areas such as Class 6 road surface, restore the surface to its original condition in a manner as approved by the Engineer. Repair any trenches where settlement occurs. 4.00 MEASUREMENT AND BASIS OF PAYMENT As part of payment for Bid Schedule Items 16, 17, 23 and 24. End of Section • i[:1;8>iM CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 9 /2,2/95 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-073-00-861 A95-95 T STAFF MEMBER: LL PROJECT NAME: CITY OF ASPEN SNOWMELT RELOCATION Project Address: RIO GRANDE - RECYCLE CIRCLE Legal Address: APPLICANT: JACK REID Applicant Address: REPRESENTATIVE: JACK REID Representative Address/Phone: Aspen, CO 81611 FEES: PLANNING $ # APPS RECEIVED 1 ENGINEER $ # PLATS RECEIVED 1 HOUSING $ ENV. HEALTH $ TOTAL $ TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP: P&Z Meeting Date i Z"� PUBLIC HEARING: /Y� NO I VESTED RIGHTS: YES NO CC Meeting Date �� PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DATE REFERRED: ���INITIALS: ��� DUE: ---------------- FINAL ROUTING: DATE ROUTED: 2W-17 INITIAL: i�"L City Atty City Engineer Zoning Env. Health Housing Open Space Other: PI" "IATUS AND LOCATION: 0 a VII b MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manage THRU: Stan Clauson, Community Development Director FROM: Dave Michaelson, Planner DATE: December 18,1995 RE: Snowmelter Relocation - Final Specially Planned Area (SPA) Development Plan - Second Reading Ordinance 56, Series of 1995 Summary: The Planning Office recommends approval of the Snowmelter Relocation Final SPA Development Plan with conditions. The Planning and Zoning Commission reviewed and approved the SPA Plan at a November 21, 1995 public hearing, with conditions. Council approved 1st Reading on the consent calendar on November 28, 1995. Applicant: City of Aspen Streets Department, represented by Jack Ried, Superintendent Location/Zoning: The site is located within the Rio Grande Master Plan Area, bordered by Rio Grande Drive on the south, the Roaring Fork River on the north, Mill Street on the west, and the Eagles Club/Patsy Newbury Park on the east. The recycling center is located next to the proposed site. The entire site has an SPA overlay and is zoned Public. Request: The applicant is requesting Final SPA approval to relocate the snowmelter to the area known as Recycle Circle, approximately 100 feet south of its existing location. Process: The Planning Commission shall forward a recommendation to Council for the Final SPA Plan. Background: The 1993 Rio Grande Master Plan (Plan) approved general locations for various uses of the entire Rio Grande property. The property was divided into two manageable areas for which primary land use goals and recommendations were made: Site A: The area between the river and bike path adjacent to the existing snowmelter location; and Site B: The existing recycle site (Old Impoundment Lot) and the playing fields. A vicinity map from the Rio Grande Master Plan is attached as Exhibit A. A schematic of the existing and proposed snowmelter is attached as Exhibit B. The three scenarios developed for the Master Plan, all indicating the proposed site for the snowmelter, are attached as Exhibit C. Although the Master Plan identified Site B as a potential site for the snowmelter, specific details and plans must be reviewed based upon the SPA review process. Staff finds that the proposed relocation of the snowmelter is consistent with the Rio Grand Master Plan. Therefore, staff made a determination that the SPA approval process for this project be a two-step review pursuant to Section 24-7-204.D. Referral Comments: Complete referral memos are attached as Exhibit D. Summaries are as follows: Engineering: Engineering requested that straw bales and channelization must be installed as necessary to prevent any runoff from the construction site from reaching the Roaring Fork River and any City rights -of - way. In addition, a dust mitigation plan must be prepared and approved by the Environmental Health Department. Any new surface utility needs for pedestals or other equipment must be installed in an easement provided by the applicant outside of the public right-of-way. Engineering also requested that the "applicant" be responsible for the installation of a driveway pad and sidewalk crossings. Parks: Planning staff had requested the submittal of a landscaping plan, and Parks indicated that a master landscaping plan is in progress for the entire Rio Grande site. It is unclear when a final plan will be approved for the site. Streets: Jack Reid has provided a summary of the relocation plan and a brief description of normal operating levels and associated truck traffic. Adjacent Property Owners: Several letters from neighboring property owners are also attached. Planning Staff Comments: SPA Review Standards. The following review standards are set forth in Section 24-7-804.B. of the Aspen Municipal Code: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Response: In 1992, City Council directed staff to develop a Master Plan to guide future development of the Rio Grande property. The Rio Grande Master Plan defined appropriate activities and land use patterns for the entire site, and developed specific recommended Uses/Activities for Site A and Site B. The following specific recommendation in reference to the existing location of the snowmelter is included in the Plan: "The Group has concluded that the snow melt activity is inappropriate in the long-term view of the park. The snow dump should be relocated immediately and the snowmelter relocated from Site A as soon as possible. An alternative location may be considered on the recycling site integrated with the expanded recycle facility, trolley barn, and or transportation or essential community service land use.' The snow dump has been relocated to land adjacent to the County Shop. The proposed site for the snowmelter is adjacent to the existing recycling facility, and is consistent with the conclusions of the Master Plan. Adjacent uses to the south include transportation (Rio Grande Parking Garage), public uses (County Offices, Jail, Recycling Center, Youth Center), and mixed office/light industrial uses (Bass/Obermeyer Building). All public and transportation uses are zoned PUB (public), and the office/light industrial uses are zoned S/C/I (Service/Commercial/Industrial). Uses to the North include the Rio Grande Park and residential uses on the north side of the Roaring Fork River. Physical separation from the proposed site to the nearest residential uses (east side of the Roaring Fork River) is approximately 200 feet. The three critical issues regarding compatibility are landscape screening to protect viewsheds from the Park and nearby residential uses, access considerations, and the relationship with proposed trail modifications and additional recreational facilities under consideration for the park. 1 City of Aspen Rio Grande Conceptual Master Plait, 1993, p. 8-9. Landscape Screening. The berm between the recycling center and the Park effectively becomes the visual edge that defines the eastern border to the Rio Grande site. Berms have been constructed around the existing recycling facility to screen it as much as possible from adjacent land uses. The Park's Department currently has a contractual agreement with Mt. Daly Enterprises for a master landscape plan for the entire Rio Grande site. Specific elements of the landscaping plan include re -landscaping of the existing snowmelter site following relocation, and possible changes to the berm for the new location near the recycling center (see Park's Department 11/27/95 memo). Excavation work is near completion for the relocation of the snowmelter, and the waste has been used to enlarge the berm between the existing trail and the recycling area. Particular care should be used to ensure that the berm is re -contoured to appear as natural as possible, and re -vegetated to soften the impact of the berm from the viewshed of the park. The existing location is located on the first primary bench above the Roaring Fork River, and provides little or no visual and noise screening from Oklahoma Flats. The new location includes significant berming and will screen residents to the North from headlights and associated impacts when compared to the existing location. Staff would suggest that any approval be conditioned on the successful approval and completion of an appropriate landscaping plan, with review at the staff level. Staff has significant concerns regarding the representation in the Parks Department referral that "If for some reason the landscape plans prepared by Mt. Daly are not implemented or constructed, we will work with the Streets Department to submit as -built landscape drawings of the area for your files". Any relocation of the snowmelter should be conditioned on landscaping mitigation to be completed by the earliest possible time, depending on seasonal constraints. Discussions with Parks Department staff indicated that under "ideal" conditions, re -vegetation and final contouring could be completed in early December of 1995. This would allow for improvements near existing water courses at low water, out of important spawning seasons. Staff would suggest that June 1, 1996 be a possible final deadline for re -vegetation and final contouring of the berm. Access. Subsequent to the addition of the Theater, snow was stockpiled at the site, and melted 24 hours a day using front end loaders. Since that time, the snow dump has been relocated to a site adjacent to the County Shop. Snow would continue to be hauled to the melter at a rate of 6 to 10 trucks per hour, and the rest stored at the snow dump. During a "snow episode" (estimated at 20 per year), the melter would operate 24 hours a day, with the 6 to 10 trucks per hour constant until the snow is melted. The recycling center and the snowmelter will share a common access, with trucks access the site from both N. Mill Street and Spring Street, to the existing driveway cut on Rio Grande Place. There is an existing sidewalk along the North side of Rio Grande Place that breaks to dirt through the existing driveway cut accessing the recycling center. Staff concurs with Engineering's request for the installation of a driveway pad and pedestrian crosswalks to enhance pedestrian access fronting the site. The existing 30' unimproved access which descends from Rio Grande Place to the theater tent is being narrowed to approximately 15' by the berm expansion. Staff has considerable concern regarding the alignment of the road as shown on Exhibit "B". Discussions with Park's Department staff indicated that future plans include the development of a basketball facility in the area on Exhibit "A" labeled as "Transportation/Youth Recreation". A strong argument can be made that the existing paved trail could be widened slightly to accommodate necessary vehicular access to tent site, and the unpaved road eliminated entirely. Staff would suggest that the road should be narrowed toward the berm, and not encroach into the area proposed for future basketball facility. Staff is assuming the existing access gate would remain to prohibit non -service vehicles from using this road. Ideally, the access road can be eliminated and the trail widened to provide vehicular access to the Theater in the Park site. Final decisions regarding the existing access road will be an element of the landscaping plan for this portion of the Park. The Rio Grande Plan also identified potential trolley facilities within the area of the old snowmelter location. Park's Department staff have indicated that sufficient room still exists if the trolley is ever implemented. Based on an analysis of the proposed trolley barn, staff agrees that the relocation does not preclude future transportation infrastructure in the site. Trail Modifications. A portion of the Rio Grande Trail is located immediately adjacent to the recycling facility. The portion of the trail near the upstream portion of the "Kayak Course" has experienced significant problems with Bluffing and bank stability, and snow removal is problematic. Parks Department staff have indicated that conceptual plans have been developed to relocate this portion of the trail onto the berm adjacent to the proposed snowmelter site, which would reduce the grade of the existing trail. No schematics are currently available of the proposed alignment, although staff will provide a conceptual realignment at the public hearing. Staff would suggest that the relocation of the snowmelter and required berming be carefully reviewed by Community Development and Park's Department staff to ensure that all berm modifications and re -vegetation does not adversely impact the long-term plans for the trail relocation. 2. Whether sufficient public facilities and roads exist to service the proposed development. Response: Gas and utility lines would be extended to the new location. Access to the site and the level of truck traffic would remain the same. A driveway apron and crosswalk improvements would improve pedestrian access in front of the site, and should be a condition of approval. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Response: No known hazards exist on the site. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Response: A primary consideration of the recommendations of the Rio Grande Master Plan was the visual impacts of the existing snowmelter location. The concept of the relocation adjacent to the recycling facility is consistent with this recommendation, assuming appropriate landscaping of both the abandoned and proposed site, and the contouring and landscaping of the berm between the snowmelter and the existing trail. 5. Whether the proposed development is in compliance with the Aspen Area Community Plan. Response: The Aspen Area Community Plan does not make specific recommendations regarding this project. 6. Whether to proposed development will require the expenditure of excess public funds to provide public funds to provide public facilities for the parcel, or the surrounding neighborhood. Response: Some public funds will be required to extend gas and electric lines to the new location, as well as relocating the trail. These required expenditures are not considered to be excessive. 7. Whether proposed development on slopes in excess of twenty percent (20%) meets the slope reduction and density requirements of Section 7-903 (B) (2) (b). 4 Response: The slope reduction and density requirements of the above cited section do not apply to the snowmelter relocation. 8. Whether there are sufficient GMQS allotments for the proposed development. Response: No GMQS allotments are necessary for the project. PLANNING AND ZONING COMMISSION RECOMMENDATION: On November 21, 1995, the Planning and Zoning Commission, in a vote of 4-0, recommended approval of SPA plan with the following conditions: 1. Straw bales and channelization shall be installed to prevent any runoff from the construction site from reaching the Roaring Fork River or any City rights -of -way. 2. Prior to relocation of the snowmelter, a dust mitigation plan shall be prepared and approved by the Aspen/Pitkin County Environmental Health Department. 3. Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. 4. The Final SPA Development Plan shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the Final SPA Development Plan within a period of one hundred and eighty (180) days following approval by the City Council shall render the PUD Plan approval invalid and reconsideration and approval of both the Commission and City Council will be required before their acceptance and recording , unless an extension or waiver is granted by City Council for a showing of good cause. 5. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 6. That the applicant shall be responsible for installing a driveway pad and crosswalk to the satisfaction of the City Engineer. 7. Final design plans for the berm re -contouring and landscaping shall be reviewed an approved by the Community Development Department and the Park's Department. The access road shall not be narrowed toward the proposed basketball facility, or adversely impact the proposed trail location. The road can be narrowed near the lower (northern) 25 feet of the access road as it approaches the theater in the park. 8. The berm located at west edge of the snowmelter site shall be re -contoured to a more natural appearance, and re -vegetated with native grasses and specimen trees. This requirement shall be integrated into the Master Landscape Plan in progress. In the event that landscape plan is not completed, the Parks Department shall submit a landscape plan to the Planning Department specific to the snowmelter location, including plant pallets and final contours for the berm. If a Master Landscape Plan is adopted, planting shall take place as early as practical, and be completed by June 1, 1996. All plans for the berming and re -vegetation shall be reviewed by the Parks Department and the Community Development Department to ensure that re -vegetation and berming activities are consistent with the long-term plans of the park. 5 RECOMMENDED MOTION: "I move to approve on 2nd Reading Ordinance 56, Series of 1995 for the Snowmelter Relocation Final SPA Plan." City Manager's Comments: Attachments: Exhibit A - Rio Grande Park Vicinity Map Exhibit B - Scenarios for Rio Grande Master Plan Exhibit C - Proposed Snowmelter Relocation Exhibit D - Referral and Public Comments Exhibit E - Ordinance 56, Series of 1995 M Existing Location is Proposed Location LEGEND combined pedestian/service path &anspofW don/essentW community servk" � n RIO GRANDE MASTER PLAN 0 i p la 3m m x=r Cr r* SCENARIO # 1 COMMUTER RAIL & LOCAL TROLLEY �..�.�.. • /4,d,P ru r n�.a...d • Aar wMr rr r M aaaaad • r..r�.ew�r.....rrrd • bw ar arts are. • hdarawgft rat sa—W aft —Wad ad • 7J"k..tl -r a laeOb Wad.6—.lm ' A— . r do a —and p. • p W /JOB &- W-d a/ .d aOw.a I ..-d avd • Afy�da .W/.. ( AN S~ IYab aVhk.A . ./iC LEGEND boc o c inedpedestdan/service f ppp vehicular circulation r ��p LQoo� youth recreations/ use RIO GRANDE MASTER PLAN ® U 26 W 100 200 cr•v. ti r./ rP&d& ,reneioon :one •� T•wtE �� 1 ' r e \ K. .J O Q •� vour. i � i �V, � • ie.r l ` isc►d° I•oFy o SCENARIO #2 REGIONAL RAIL & LOCAL TROLLEY (COMBINED FACILITY) Adwwtam • 7w .•b .... r.v.... .. e....n.r. ,..b. w • Sr.•r..r,A-0— ._ • r...br..W."—A..,..r... • A.......4U...ft1r..r,ar..r✓ •.l.i. «Pbl•Igftwk av arW/ e.Iif D A— b --.d6 • A,9eb... I , «AO S— Y.@i .hkd. • Arb. b brM /r r.y...•. �.r • hsil..Ir«.I.I.e Ste. LEGEND boo combined pedestrian/service path vehicular circulation v=p •LQo � youth recreations/ use RIO GRANDE MASTER PLAN SCENARIO #3 REGIONAL RAIL & LOCAL TROLLEY AdmUms • ..,,dvrr.wrd.,,�..n ..rrr A. re rww. • 4w.Ilr wr.l.. rr r.Y�.Yd • hrH. rlyd h.—N. • 7 dw ". .d .W.I • A—..I.—M.—wpi. W�Aar • A,,. rss,, bimft.boYr rtl4 LEGEND boo c inedpedestrian/service OpO� vehicular circulation Lootyouth recreational use RIO GRANDE MASTER PLAN Cr L�nijlN :!.fit ELI: KI1�¢ m Cr \� El s Exhibit D NOV 0 71995 MEMORANDUM De/ELQPtviENT 1� a. To: Dave Michaelson, Planning Office From: Chuck Roth, Engineering Department e' Date: November 3, 1995 Re: Snowmelter Relocation Final SPA Review Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Essential Public Service - The removal of snow from City streets is an essential public service necessary for public safety, emergency access and response, and general movement of people and goods. The City Council in 1987 directed staff to purchase and install a snow melter for melting the snow removed from city streets with the goal of reclaiming the snow dump site at the Rio Grande property. I believe that the proposed new location was included in the Rio Grande Master Plan. 2. Construction Techniques - Straw bales and channelization must be installed as necessary to prevent any runoff from the construction site from reaching the Roaring Fork River and any City public rights -of -way. 3. Dust Mitigation - A dust mitigation plan must be prepared and approved by the Environmental Health Department. 4. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. cc: Stan Clauson, Jack Reid M95.212 Ll C] MEMORANDUM TO: Dave Michaelson, Community Development THRU: George Robinson, Parks Director FROM: Rebecca Baker, Parks Department DATE: October 27, 1995 RE: Landscape Plan for Snowmelter Relocation It is our understanding that Jack Reid of the Streets Department has been requested to prepare a landscape plan for the snowmelter relocation project at the Rio Grande parcel. We would request that he be waived of this responsibility at this time due to the Parks Department's contractual agreement with Mt. Daly enterprises for a master plan/landscape plan for the entire area. Julia Marshall of Mt. Daly Enterprises is in the process of preparing landscape drawings which will include the relandscaping of the area for the current snowmelter by the trail and the possible changes to the berm for the new location of the snowmelter near the recycling area. The drawings may also include upgrades to the filtration ponds and trail relocation. A landscape plan prepared solely for the snowmelter relocation would be a duplicated effort and may not be accurate for the proposed changes to the site. If for some reason the landscape plans prepared by Mt. Daly are not implemented or constructed, we will work with the Streets Department to submit as -built landscape drawings of the area for your files. If you have any questions, please contact us. Thank you for considering this request. CC: Leslie Lamont, Deputy Planning Director Jack Reid, Streets Superintendent RUndscp.doc • • MEMO To: LESLIE LAMONT From: JACK REID Date: September 22, 1995 Subject: The relocation of the Snowmelter BACKGROUND AND USE: The City's snowmelter is currently located on the Rio Grande property adjacent to the Art Park. It was determined, during the approval process for the Rio Grande Master Plan, that the snowmelter be relocated up onto the area known as Recycle Circle. The idea being, to remove it's industrial presence from the Park/Theater area. Before the theater tent came into being, the snow was piled in that area to be melted. We would truck all the snow from downtown to the "snowdump" and load it into the melter with a front end loader. We would run the melter 24 hours a day to melt all that was hauled, so that there would be room to pile the snow from the next storm. By the time spring came, there would be no snow pile left at all. Since the City purchased the land adjacent to the County Shop, we no longer pile snow at the Rio Grande property. We haul all we can to the melter (approximately 6 to 10 trucks per hour) and the rest to the new snow dump outside of town. We also use the melter during the daytime for snow cleanup operations, at about the same rate. There are an average of 20 snow plowing episodes in a "normal" year. We probably do about 30 daytime cleanups per year. The night operation runs from about 12:30 am to 9 am. The daytime operations run from 7 am to 4 pm. The rate of 6 - 10 trucks per hour is constant through any operation. It just depends on the condition of the snow, how fast it can be melted. AREA IMPACT: There should be no negative impact to the area. We are only moving the melter about 100 feet to the south. It will be surrounded on 2 sides by the berm which encloses Recycle Circle. That berm will be moved out toward the north to make room for the melter and to be sure that there will still be room for the recycle center to operate. We do not anticipate any conflict between the operation of the melter, and people dropping off material at Recycle Circle. Truck drivers will be instructed to give citizens using the recycle center, the right-of-way during the daytime operation of the melter. 11-220-_995- F"OM C7 TO 19709205439 .02 0 November 20, 1 Arm: Dave ridueWA To Wham It May Concern: Please rrcfer to Frauds Whitakces letter to City Hall regarding the snow dump. He gives an mocllew Nstery of the Aspen property and the illegal snow dump that teas been there for so marry years. As cidzens� we want open space on that property and it is appalling that a new saucure for an a1 y illegal mow dump has all been built without permits ott a property designated fbr apen space. During the Edel administratioq the darter amendment on the ballot required that no change in we of property purdwed with ©pen Spade funds could be done without voter approval. Th-e rewrd of the City, on the most beautii W piece of property; is not a du , 1 strorgiy protest, as i have for years. Depice C. R.Qch 11-20-1 _q95 0_�: 2 7 PM F-7OVI Mr. Francis Whitaker 1265 West Bunny Court A"n. Colorado 81611 303-925-3844 303.920.1265 An Open Letter to City Hall. The report of the snow dumping on open Space property along the Roaring Fork is most disheartening. One bitter lesson I have learned in the half century that I have been working for acquisition and protection of beaches, parks and open space is that all too often, governing bodies will sacrifice these places to expediency. The amity of Aspen appears to be no exception. The problem of where to dump snow is not a new one, my first experience with it was about fifteen years ago when the Barnard admi.nstration began dumping snow on Herron Park. Fortunately, Billy Herron, backed by a group of concerned citizens, stopped that practice: Next spring we organized a clean-up and Herron Park slowly became the park as we now know it. Neither is the location for theimpound lot. R •I wish to point out to the City• that there has always been a strong local 'support for parks and open spaces, and that this should be respected. Following Herron Park, during the :Standley administration there was an attempt to rezone lots along Homestake Drive, part of .he golf.eourse purchase. The excuse was that these lots had never been in public use and that the law governing disposal of V city property did not apply. However, it did go to an election and was decisively defeated. During the Edel administration. the City rezoned a portion of the golf course in back of the then Plum Tree Inn for an im-oouhd lot and the impounded cars were stored there. Again, tha, was ended due to public pressure. Next was the rezoning of a part of the golf course property on Cemetery Lane for a Park shop. This was done with little or no pzinlzc notice and it was all over before any of us understood the move. Later an attempt was bade to sudivide lots along Chatfield Drive from the golf course property and rezone them for employee housing. That one failed. Finally, lots on Cemetery Lane, part. of the open space purchase, but which unfortunately had not been rezoned along with the rest of the property, but left residential, were developed for employee housing. About that time, it was obvious t'nat Open Space needed more protection, so I persuaded the City Council to place a Charter amendment on the ballot which requi.ed that no change in use of property purchased with Open Space funds could be Pone without voter approval. It appears to me that the City-�Ln,changing the use of Open Space property just because it has the power, The Charter amendment was approved by a big majority. 1I-20-_995 0-1:27P'9 FROM TO 197092054-_9 0.04 2. Other examples came to mind. When the question of giving r`"•, a nigh: of way across the Thomas property came to a vote, it was soundly defeated. Yet there is still talk of giving this away, plus a right of way across the Marolt property. A couple of years ago, when it appeared that the lions share of the Sixth Penny was going for other than Open Space, a Committee to Preserve Open Space Funds was formed. Armed with an - initiative petition, the Co=ittee sat down with the City and reached a definite split on the funds, 75% for Open Space, 25% for Park and other City expenditures. I read that a move to change trat split is under way. It could seriously affect any future purchases, as many of the past purchases still have bcnda to pay off. The reason for the spl i z - to help finance the Nordic Council. Has the City forgotten hat the voters re jec ted a plan to tax us for that? The record of the Citizens of Aspen seems clear- we want Cpen Space and ;ire want it to remain Open Space. Would t:�t the record of part administrations reflected that. Now, I have a suggestion - dump the snow on -Wagner Park. It is little used in the winter, except a trail or -:;wo as short cuts across it. It is a convenient location, close to where the snow comes from. Trveks wculd not even have to cress Main Street. It would give everyone'an opportunity to see what such an operation dogs to a park, instead of reserving that privilege for a few residents who live on tie wrong side of the Roaring Fork. Yours tri;ly, Francis Whitaker Copies mayor Council members City Manager City Attorney, Lee Pardee. Aspen Times Pitkin County Parks Association. TOTAL P.04 ED VAN DEUSEN TEL No.714-6616687 Nov.20,95 11:31 P.01 • rAx �,/2o�9s Mr. and Mt s. L ciwaro vai, Df- uses„ 1.i"rY4 PChurlrt•j 1 Ur i ve D) lrsij Point, Co. 9262y PY NovFrr,twr JNY5 Mr . DOVE' MA CA aC_ l scirI h!:.r.9vii/pi tk i n C orwitrcni ty Pfrvelupmient Dcpt . I _SO ::. Ga 1 cr,a t;t . A pcn, C:c,. Ellf-31 Fte a SI,t?Wf1,L l ter f(i- lueatiorl, Final Spa Amp merit . ( F° 1 faasp rpad Nov. 2J '95 Mpvt i ng 1)uar Mr . Mi r h a v 1 snrr anti As.rretn !iJ r3Fin i fry a f i d Zu+iinrj 0onrmis5i o„ It is with great conc.c-rn nature resic]E•rrts of Ok,1alioma Flats th.,,i wc: sF 'd this f F;X rEyarding the re- location of the S. rite' I fi-r . We.• havt• It-orried from rieighbors th&t the noise j:,Uluti(„► caui! the snow melt and the snow dull jaing trucks with their ho.vn i Cq is, intc-rit.c. wgd disruptive, especially ciuring the nJght and ea mc,rfiinp hot)rs when everyane is trying to sleep. 0k )at ioni.ri i) o t 4 i s a growing neighbor riOUd of r my 1 e f ami l y hoM If thu snow ni It is. to be re-jocated arrp,sQ from this valu area, the hours of tipt-rati(_)fr stivuld ue limitred to daytime only Iluwvvin , it uv nip to u-- the sviuw mv1L should not by tolerated ttNF1 at ,-III, t)ut rrrl_lacacl irrcta=id, in tho out-of-tuwl► area by a►irpurL wl,erre the iriitial Enf,c,w ciumjt takPc place_ d Ok. L,; ly Ici Why should the rxcr�,L srlow L,e c.ar tt-d L)L%Ck to A-_ per, for the n, 1 t dawn wtzc•n r;urely, there is a way to do the satmw Jut) by the ri r_-r rovar thc, airport where thc-re art no residpr,tr:.'e* Wr_� si.t,cerely tiofw the- decision will be made to re- locate thfe s< �„ti n,c,It rL� Ic,c.aticu,i sii.e frun, tht7 bankrr of the Ria Gratid to out of t:r.,wn ar,d out of siyhL and sound of cooiEerned Aspr?n rosidents! ncc�r ely, Uf no Iars U t• Ed Var+ DvuS.eti ;; _al , �' �T 4 1995 Debra Moore ,'7.r. O. Box /•�9468 ' _ _ 1995 A(1: sen, CO 8161E 18 November 1995 Hand Deli i d RE: Snowmee1xter _ ke! %at i� an ��Ip r Final Spa Amendment Dave Michaelson Aspen/Pitkin Community Development Dept. 130 S. Galena St. Aspen, CO 81611 Dear 'fir. Michaelson and Aspen plann nq and Zoning Commission, 1 am strongly against the proposed relocation of the snowmelter. 1 think it makes more sense to relocate it next t� � the SNOW DUMP. if the City of Aspen's :officials are correct in telling me that most of the snow that is collectad from the streets of Aspen during a "snow event" is hauled to the "snow dump" out of town, then doesn't it make more sense to melt it there on site rather than hauling my the excess back into town in order to be melted? Why can't tale snow be dumped and left to melt on it's own? Why are we going to such expense o melt the snow fester in the first place? No neighda"howd should have to bear :V. v burden of the noise level that is brought on by heavy dump trucks banging their tailgates to empty d'_oty snow at all hours of t::^t-_' night. We are new home owners in the Oklahoma Flats Neighborhood which is directly affected by this event. Oklahoma Flats is a growing neighborhood with Growing children that need their sleep (as well as their ;parents, or any decent person). We are concerned about this issue as it has been an ongoing struggle for those neighbors that have been deceived by the city claming that the snowmelter would only be temporary° i r the sr- owse l t er was t era �orar � y, only to be moved a mere 100, south, they: our name land our next, door neighbors) were not considered because it will be me-cKed in our direct view plane and the headlights will be shinning into the windows of our home. These homes. (and of ,e„ future oone ) ._ io nw Exist when the Rio Grand Master Plan was .-mplamentan in 1993 and should be The Master plan states that two of it ' c goals are: (B) To ensure that existing and future uses on the eastern portion of site H are compatible with surrounding land uses because of the area's location and visibility, (E) Preserve view planes to the river and indecencence ?ass with low profile developement. The snowmelter (and the recycle center a•--:. ;N-;= : _) are NOT at all E 0 CO'sPatible with the area. hvr2 _r p s,rks ano oven space 0,11; either side, with the well _.sac Rio Grande _v,L Trail system -e°, in `r-� �' of it, nano a wno!R resiment al nn.qqnornooU ._!.reca._.j across from it. These surr_uncing land uses to no . seem __r:i:Qatible with waste systems such as the snowmel' _r ,gnu � cycle center'). A waste system shouldn't exist in an area so close to the river or so close to a populated res_dentia . area where unnecessary dirt and debree are r.1,.:'.'•;: osaly dumped into ne green day Plan. The snowt+eAter would be more cor cat ale with the SNOW DUMP loca- tion out at the Business Cenz er as it is a major City business (recycling) ) whet e'r' it be snow or trash. he snowmelter should be =•ut of .:own and out of any neighborhood on residents view plane. The Master Plan also stater that; ;he plan was to identify appropriate activities and land use patterns for the Rio Grande Meoperty. Council emphasized that all public interests should be considered in this new planning effort." Because transportation funds (VA penny tax) were used to pur- chase this piece ofproperty (Site e K, transportation related services should be given priority. Pro since ,it may be years before a rail system is implemented, the Rio Grande Master Plan r Srr ii_lp has already identified othe— amor� pr' a": e uses for Site B such as increased recreational activities. A full-size basketba co"rt and half -pipe sL.atc_beard ramp Can fit on Site 2 which seems much more compatible and appealing to this area. Finally, i 'd like to say how amazed and disappointed I am that the City of Aspen is allowed to work in such a sneaky manner as to allow the Streets Department to start building the snowmelter in it's new proposed location before this approval meeting Tues- day November List. The foundation has already been dug and poured the week. of November 13th and this new location has not official- ly been approved. This is the city once again acting out of turn and waist ing our tax dollars. f we can move the sn� �wmel'ter out of t! awn, or eliminate it alto- gether, teen you will have considered the vublic's interests, and the goals of the Master Plan. Thank you for your time ant consideration. letter (JG-'-' read at your November 2 st meeting. Sincerely, Debra Moore Please let this ��. -9 Gary Moore 11-20—L995 =1:49 ?_L3 4S4 8977 Eugene Se�mour,M.D. P.01 Eugene Seymour, N.D. 390 N. Spring Street Aspen, CO 81611 1-970-920-1925 1-970-920-1314 PAX (Internet email) drgeno@seymour.com Monday, November 20, 1995 To: Dave Michaelson Re: Snowmelt project. I live in the Oklahoma Flats and I would like to see the snowmelt operation moved to a location which is remote from residential neighborhoods in general and ours in particular. This suggestion is made for a multitude of reasons with noise, obtrusive headlights and unnecessary traffic being just three. Also, it is incongruous that the City, which already assigned significant recreational and scenic value to this particular area, would allow the continued e)dstence of this type of facility within that area. However, if the continued presence of the snowmelter in the same approximate area is already a fait d'accompU, I would like to request that specific attention be paid to the creation of appropriate noise barriers and to the limitation of the hours of operation of the melter. Sincerely yours, /.-I) Eugene Seymour, M.D., M.P.H. MEMORANDUM TO: Planning and Zoning Commission THRU: Leslie Lamont, Deputy Dir FROM: Dave Michaelson, Planner DATE: November 21, 1995 RE: Snowmelter Relocation - Final Specially Planned Area (SPA) Development Plan - Public Hearing Summary: The Planning Office recommends approval of the Snowmelter Relocation Final SPA Development Plan with conditions. Applicant: City of Aspen Streets Department, represented by Jack Ried, Superintendent Location/Zoning: The site is located within the Rio Grande Master Plan Area, bordered by Rio Grande Drive on the south, the Roaring Fork River on the north, Mill Street on the west, and the Eagles Club/Patsy Newbury Park on the east. The recycling center is located next to the proposed site. The entire site has an SPA overlay and is zoned Public. Request: The applicant is requesting Final SPA approval to relocate the snowmelter to the area known as Recycle Circle, approximately 100 feet south of its existing location. Process: The Planning Commission shall forward a recommendation to Council for the Final SPA Plan. Background: The 1993 Rio Grande Master Plan (Plan) approved general locations for various uses of the entire Rio Grande property. The property was divided into two manageable areas for which primary land use goals and recommendations were made: Site A: The area between the river and bike path adjacent to the existing snowmelter location; and Site B: The existing recycle site (Old Impoundment Lot) and the playing fields. A vicinity map from the Rio Grande Master Plan is attached as Exhibit A. A schematic of the existing and proposed snowmelter is attached as Exhibit B. Although the Master Plan identified Site B as a potential site for the snowmelter, specific details and plans must be reviewed based upon the SPA review process. Staff finds that the proposed relocation of the snowmelter is consistent with the Rio Grand Master Plan. Therefore, staff recommended that the SPA approval process for this project be a two-step review pursuant to Section 24-7-204.D. Referral Comments: Complete referral memos are attached as Exhibit C. Summaries are as follows: Engineering: Engineering requested that straw bales and channelization must be installed as necessary to prevent any runoff from the construction site from reaching the Roaring Fork River and any City rights -of - way. In addition, a dust mitigation plan must be prepared and approved by the Environmental Health Department. Any new surface utility needs for pedestals or other equipment must be installed in an easement provided by the applicant outside of the public right-of-way. Engineering also requested that the "applicant" be responsible for the installation of a driveway pad and sidewalk crossings. • • Parks: Planning staff had requested the submittal of a landscaping plan, and Parks indicated that a master landscaping plan is in progress for the entire Rio Grande site. It is unclear when a final plan will be approved for the site. Streets: Jack Reid has provided a summary of the relocation plan and a brief description of normal operating levels and associated truck traffic. Planning Stab' Comments: SPA Review Standards. The following review standards are set forth in Section 24-7-804.B. of the Aspen Municipal Code: 1. Whether the proposed development is compatible with or enhances the mix of development in the immediate vicinity of the parcel in terms of land use, density, height, bulk, architecture, landscaping and open space. Response: In 1992, City Council directed staff to develop a Master Plan to guide future development of the Rio Grande property. The Rio Grande Master Plan defined appropriate activities and land use patterns for the entire site, and developed specific recommended Uses/Activities for Site A and Site B. The following specific recommendation in reference to the existing location of the snowmelter is included in the Plan: "The Group has concluded that the snow melt activity is inappropriate in the long-term view of the park. The snow dump should be relocated immediately and the snowmelter relocated from Site A as soon as possible. An alternative location may be considered on the recycling site integrated with the expanded recycle facility, trolley barn, and or transportation or essential community service land use.' The snow dump has been relocated to land adjacent to the County Shop. The proposed site for the snowmelter is adjacent to the existing recycling facility, and is consistent with the conclusions of the Master Plan. Adjacent uses to the south include transportation (Rio Grande Parking Garage), public uses (County Offices, Jail, Recycling Center, Youth Center), and mixed office/light industrial uses (Bass/Obermeyer Building). All public and transportation uses are zoned PUB (public), and the officeflight industrial uses are zoned S/C/I (Service/CommerciaVIndustrial). Uses to the North include the Rio Grande Park and residential uses on the north side of the Roaring Fork River. Physical separation from the proposed site to the nearest residential uses (east side of the Roaring Fork River) is approximately 200 feet. The three critical issues regarding compatibility are landscape screening to protect viewsheds from the Park and nearby residential uses, access considerations, and the relationship with proposed trail modifications and additional recreational facilities under consideration for the park. Landscape Screening. The berm between the recycling center and the Park effectively becomes the visual edge that defines the eastern border to the Rio Grande site. Berms have been constructed around the existing recycling facility to screen it as much as possible from adjacent land uses. The Park's Department currently has a contractual agreement with Mt. Daly Enterprises for a master landscape plan for the entire Rio Grande site. Specific elements of the landscaping plan include re -landscaping of the existing snowmelter site following relocation, and possible changes to the berm for the new location near the recycling center (see Park's Department 11/27/95 memo). 1 Citeses f Aspen Rio Grande Conceptual Master Plan. 1993, p. 8-9. Excavation work is near completion for the relocation of the snowmelter, and the waste has been used to enlarge the berm between the existing trail and the recycling area. Particular care should be used to ensure that the berm is re -contoured to appear as natural as possible, and re -vegetated to soften the impact of the berm from the viewshed of the park. It appears that the new location and berming will screen residents to the North from headlights and associated impacts when compared to the existing location. Staff would suggest that any approval be conditioned on the successful approval and completion of an appropriate landscaping plan, with review at the staff level. Staff has significant concerns regarding the representation in the Parks Department referral that "If for some reason the landscape plans prepared by Mt. Daly are not implemented or constructed, we will work with the Streets Department to submit as -built landscape drawings of the area for your files". Any relocation of the snowmelter should be conditioned on landscaping mitigation to be completed by the earliest possible time, depending on seasonal constraints. Discussions with Parks Department staff indicated that under "ideal" conditions, re -vegetation and final contouring could be completed in early December of 1995. This would allow for improvements near existing water courses at low water, out of important spawning season. Staff would suggest that June 1, 1996 be a possible final deadline for re -vegetation and final contouring of the berm. Access. Subsequent to the addition of the Theater, snow was stockpiled at the site, and melted 24 hours a day using front end loaders. Since that time, the snow dump has been relocated to a site adjacent to the County Shop. Snow would continue to be hauled to the melter at a rate of 6 to 10 trucks per hour, and the rest stored at the snow dump. During a "snow episode" (estimated at 20 per year), the melter would operate 24 hours a day, with the 6 to 10 trucks per hour constant until the snow is melted. The recycling center and the snowmelter will share a common access, with trucks access the site from both N. Mill Street and Spring Street, to the existing driveway cut on Rio Grande Place. There is an existing sidewalk along the North side of Rio Grande Place that breaks to dirt through the existing driveway cut accessing the recycling center. Staff concurs with Engineering's request for the installation of a driveway pad and pedestrian crosswalks to enhance pedestrian access fronting the site. The existing 30' unimproved access which descends from Rio Grande Place to the theater tent is being narrowed to approximately 15' by the berm expansion. Staff has considerable concern regarding the alignment of the road as shown on Exhibit "B". Discussions with Park's Department staff indicated that future plans include the development of a basketball facility in the area on Exhibit "A" labeled as "Transportation/Youth Recreation". Staff would suggest that the road should be narrowed toward the berm, and not encroach into the area proposed for future basketball facility. Staff is assuming the existing access gate would remain to prohibit non -service vehicles from using this road. The Rio Grande Plan also identified potential trolley facilities within the area of the old snowmelter location. Park's Department staff have indicated that sufficient room still exists if the trolley is ever implemented. Trail Modifications. A portion of the Rio Grande Trail is located immediately adjacent to the recycling facility. The portion of the trail near the upstream portion of the "Kayak Course" has experienced significant problems with sluffing and bank stability, and snow removal is problematic. Parks Department staff have indicated that conceptual plans have been developed to relocate this portion of the trail onto the berm adjacent to the proposed snowmelter site, which would reduce the grade of the existing trail. No schematics are currently available of the proposed alignment, although staff will provide a conceptual realignment at the public hearing. Staff would suggest that the relocation of the snowmelter and required berming be carefully reviewed by Community Development and Park's Department staff to ensure that all berm modifications and re -vegetation does not adversely impact the long-term plans for the trail relocation. • E 2. Whether sufficient public facilities and roads exist to service the proposed development. Response: Gas and utility lines would be extended to the new location. Access to the site and the level of truck traffic would remain the same. A driveway apron and would improve pedestrian access in front of the site, and should be a condition of approval. 3. Whether the parcel proposed for development is generally suitable for development, considering the slope, ground instability and the possibility of mud flow, rock falls, avalanche dangers and flood hazards. Response: No known hazards exist on the site. 4. Whether the proposed development creatively employs land planning techniques to preserve significant view planes, avoid adverse environmental impacts and provide open space, trails and similar amenities for the users of the project and the public at large. Response: A primary consideration of the recommendations of the Rio Grande Master Plan was the visual impacts of the existing snowmelter location. The concept of the relocation adjacent to the recycling facility is consistent with this recommendation, assuming appropriate landscaping of both the abandoned and proposed site, and the contouring and landscaping of the berm between the snowmelter and the existing trail. 5. Whether the proposed development is in compliance with the Aspen Area Community Plan. Response: The Aspen Area Community Plan does not make specific recommendations regarding this project. 6. Whether to proposed development will require the expenditure of excess public funds to provide public funds to provide public facilities for the parcel, or the surrounding neighborhood. Response: Some public funds will be required to extend gas and electric lines to the new location, as well as relocating the trail. These required expenditures are not considered to be excessive. 7. Whether proposed development on slopes in excess of twenty percent (20%) meets the slope reduction and density requirements of Section 7-903 (B) (2) (b). Response: The slope reduction and density requirements of the above cited section do not apply to the snowmelter relocation. 8. Whether there are sufficient GMQS allotments for the proposed development. Response: No GMQS allotments are necessary for the project. Recommendation : The Planning Office recommends approval of the Final SPA Plan, with the following conditions: Straw bales and channelization shall be installed to prevent any runoff from the construction site from reaching the Roaring Fork River or any City rights -of -way. 2. Prior to relocation of the snowmelter, a dust mitigation plan shall be prepared and approved by the Aspen/Pitkin County Environmental Health Department. Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. 4. The Final SPA Development Plan shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the Final SPA Development Plan within a period of one hundred and eighty (180) days following approval by the City Council shall render the PUD Plan approval invalid and reconsideration and approval of both the Commission and City Council will be required before their acceptance and recording , unless an extension or waiver is granted by City Council for a showing of good cause. All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission and City Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. That the applicant shall be responsible for installing a driveway pad and crosswalk to the satisfaction of the City Engineer. Final design plans for the berm re -contouring and landscaping shall be reviewed an approved by the Community Development Department and the Park's Department. The access road shall not be narrowed toward the proposed basketball facility, or adversely impact the proposed trail location. The road can be narrowed near the lower (northern) 25 feet of the access road as it approaches the theater in the park. The berm located at west edge of the snowmelter site shall be re -contoured to a more natural appearance, and re -vegetated with native grasses and specimen trees. This requirement shall be integrated into the Master Landscape Plan in progress. In the event that landscape plan is not completed, the Parks Department shall submit a landscape plan to the Planning Department specific to the snowmelter location, including plant pallets and final contours for the berm. If a Master Landscape Plan is adopted, planting shall take place as early as practical, and be completed by June 1, 1996. All plans for the Bering and re -vegetation shall be reviewed by the Parks Department and the Community Development Department to ensure that re -vegetation and berming activities are consistent with the long-term plans of the park. A G E N D A ASPEN PLANNING AND ZONING COMMISSION REGULAR MEETING November 21, 1995, Tuesday 4:30 P.M. Fire Station Meeting Room I. COMMENTS Commissioners Planning Staff Public II. MINUTES III. PUBLIC HEARINGS A. Small Lodge Text Amendments, Amy Amidon & Stan Clauson (continued from 11/7) B. Snowmelter Relocation Final SPA Review, Dave Michaelson IV. OLD BUSINESS A. Buckhorn Lodge Order to Show Cause, Leslie Lamont V. ADJOURN NOTE: November 20 at 5:00 PM in the Council Chambers - joint work session with Council - Water Place Affordable Housing • • MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Suzanne Wolff, Administrative Assistant RE: Upcoming Agendas DATE: November 21, 1995 December 5 - Site Visit, 3:00 (Meet behind City Hall) North 40 (RM) December 5 - Growth Management Commission, 4:30 Isis Theatre (DM) Transfer of Development Rights (CH) December 5 - Regular Meeting, 5:00 610 W. Hallam Rescind Landmark Designation (AA) Ritz -Carlton Parking Garage Conditional Use Review (DM) Isis Theatre Special Review & GMQS Exemptions (DM) Isis Theatre Landmark Designation (AA) December 19 - Regular Meeting a.nex MEMORANDUM TO: Dave Michaelson, Community Development THRU: George Robinson, Parks Director FROM: Rebecca Baker, Parks Department DATE: October 27, 1995 RE: Landscape Plan for Snowmelter Relocation OCT 2 71995 3 DEVELop� �`SA \�A,"- tN/pl It is our understanding that Jack Reid of the Streets Department has been requested to prepare a landscape plan for the snowmelter relocation project at the Rio Grande parcel. We would request that he be waived of this responsibility at this time due to the Parks Department's contractual agreement with Mt. Daly enterprises for a master plan/landscape plan for the entire area.. Julia Marshall of Mt. Daly Enterprises is in the process of preparing landscape drawings which will include the relandscaping of the area for the current snowmelter by the trail and the possible changes to the berm for the new location of the snowmelter near the recycling area. The drawings may also include upgrades to the filtration ponds and trail relocation. A landscape plan prepared solely for the snowmelter relocation would be a duplicated effort and may not be accurate for the proposed changes to the site. If for some reason the landscape plans prepared by Mt. Daly are not implemented or constructed, we will work with the Streets Department to submit as -built landscape drawings of the area for your files. If you have any questions, please contact us. Thank you for considering this request. CC: Leslie Lamont, Deputy Planning Director Jack Reid, Streets Superintendent RGLndscp.doc .7 Existing Location Proposed Location LEGEND Pined pedestrian/service transp orta tion/essen tia/ community services transportation/ youth recreation RIO GRANDE MASTER PLAN o as so ,00 no WCENA RIO # 1 • COMMUTER RAIL & LOCAL TROLLEY • view oaddors hvm A" SbmW so Inddwvad&fw* Pd= .webs&wCsed • Tbbt Aiwk/i*dAW srvw boO I *#or and oewwrw wI • ire srd Jr pr.evvd • Tewpa y s oftr be cs be rwored • Yaedt 400WOPOW &re mdsteiwd • /lsdea0dea�Ewe eOt OEMWA oowneeW and • Tlfket AieskMwlar is a possbk -is- 06shw6m • Aoosss so Aoww sire csy wpie andapess WoW boss &W shod or oottoawrwds and some of eeead sta d • Atyrsds aess tv of AN S~ bbaks whbats tra %, LEGEND o oo combined pedestrian/service path r vehicular circulation 0 Qoo O Youth recreational use RIO GRANDE MASTER PLAN ® ° ze ea goo zoo a..Vt4-: ft�y ►U.r 0 SCENA RIO #2 • REGIONAL RAIL & LOCAL TROLLEY (COMBINED FACILITY) • Two Shoes am act 000s mmd br 6 wpwo Omm wtetea ae+s • sm it it opom ,for odhw sacs • Youoh oww" ro" oae Is pi.asr..d • Lo.w A" samara • E%, , r owmbkmdw of avviws • hdnft*a18 f:. oafs tsamW oaMecue and -* pai.d Atom of ptoyft 8W is ooeamw ad by ooaibisd • Access to fo miW is wry knpecdve ro ap&v +Pow • At -grade aossmy of MR Street bloeAs wahkaier bslfic • A osm so bsw sIM &my AQv'e sstdwpow • Possble Biwa! afnbncofoa LEGEND to combined pedestrian/service path vehicular circulation L0 Qca O youth recreational use RIO GRANDE MASTER PLAN ® 0 26 60 100 200 G..ta- wor 64.94 SCENARIO #3 0 REGIONAL RAIL & LOCAL TROLLEY ' Acoees ae s m.i.d @ Iris irprc&m • End of waaiad k lose to pw"V #rage • L*~ sloe nwwim epm • AadsaWmwaW orals taaair crrwetad and -*xPek"d • Pass�M � absa�on • Tmft y Aw w and omm6w as twv awraa pwad+ • Access so bww she may mqc" w9drpess ' At -grade aassirg bbe*s w:hiadw traffic LEGEND K01D Ti ' - combined pedestrian/service path QQO� vehicular circulation Op 1 Qoa� youth recreational use RIO GRANDE MASTER PLAN ® o zs sa 100 200 :ft�fi U"d • MESSAGE DISPLAY TO Leslie lamont CC Bill Efting From: Amy Margerum Postmark: Sep 06,95 5:46 PM Subject: Forwarded: snowmelter Comments: From Amy Margerum: Did you get this? Do you still need it? It is definitely a Council mandate ...was supposed to happen last year and the year before but didn't. We HAVE to get it done this year. Message: From Jack Reid: In speaking with Leslie this morning about our approval process, she asked for a 113 line" memo from you, speaking of the fact that the relocation of the melter is a Council mandate. I'm not sure if it was during the Rio Grande Master Plan approval, or at budget time 2 years ago, but I remember Council taking a vote among themselves and telling us to move it. Would you please send her something for the file? Thanks==Jack Aspen City Council 0 Regular Meeting 0 June 26 1995 Councilwoman Richards said this application is not an application for parking to the north of the Courthouse and has not been reviewed by P & Z. City Attorney Worcester suggested amending the ordinance to read, "Applicant shall provide bicycle racks for a minimum of 6 bicycles on the north side of the jail building. Applicant shall submit a parking plan for the approval of the director of the community development prior to C/O". Councilwoman Waggaman moved that the applicant pave 4 spaces, add bicycle racks and landscaping on the north side of the building; seconded by Councilman Marolt. Councilwoman Richards objected to creating parking spaces on open space. This application does not cause a growth of employees. Councilwoman Richards said this space is part of the entrance to the Youth Center. Stan Clauson suggested that the applicants clean up the area between the Courthouse and submit a parking plan. If the applicants need more spaces, staff will come back to Council. Councilwoman Waggaman amended the motion to adopt Ordinance #23, Series of 1995, approving alternate 1, approving an exemption from the mitigation of housing for an essential public facility, to bring the parking mitigation plan back to the community development director including bicycle racks and to keep unnecessary vehicles from parking there; seconded by Councilman Marolt. Roll call vote; Councilmembers Marolt, yes; Paulson, yes; Richards, yes; Waggaman, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #24, SERIES OF 1995 - Aspen Theatre in the Park Final SPA Mary Lackner, community development department, told Council this is a SPA plat amendment to the Rio Grande master plan. The applicant has been receiving temporary use permits to erect their tent for the summer season. This is a request for permanent approval of this tent and will eliminate the annual review. Ms. Lackner said one outstanding issue is parking down by the snow melt area. Ms. Lackner recommended the dumpster be moved to the south of the trail so that trash trucks do not have to cross the trail. There have been complaints about storage on site and it needs to be cleaned up. There is an overhead wire that should be undergrounded if this is to be a permanent use. Ms. Lackner said Council is being asked to waive the housing mitigation for this non-profit Aspen City Council 0 Regular Meeting 0 Rine 26 1995 organization. P & Z recommends approval with conditions outlined in the memorandum. Mayor Bennett opened the public hearing. Pat told Council the dumpster has been moved up by the old snowmelt. Pat noted there are construction vehicles parked down by their tent. This will be eliminated when the sidewalk project is complete. Pat said the theatre company does not currently have the money to underground the phone line. Pat told Council the theatre company reuses a lot of material which is why they leave the material and props on site. Pat said the old stove and refrigerator can be relocated. Amy Margerum, city manager, suggested if Council requires either a fence or landscaping that they make this an administrative review by the planning office. The applicant can design something to screen this area. Councilwoman Richards said she would prefer not to see another fence in this area. Councilwoman Waggaman pointed out the theatre company already stores their tent in the winter and she would prefer that any props are stored off site. Mayor Bennett said the ordinance should state this storage is screened and the applicants can work with the community development department. Councilwoman Richards said there has to be a limit of what is stored on site. Stan Clauson, community development director, said undergrounding of the phone wire is consistent with the overall plan for town and for the Rio Grande. Councilwoman Richards suggested the city help finance the undergrounding of this wire with a 3 year pay off. Council agreed with this. Mayor Bennett quoted from the Rio Grande master plan discussion about parking on this property. There was to be only 2 handicap parking spaces. Council wanted as little asphalt on the area as possible. The motion states, "automobile access to the site be restricted as much as possible and still comply with minimum technical handicap access requirements". The applicants told Council there are no cars parking on the site. They have requested no parking signs for that area. It will only be used as handicap drop off. The handicap parking spaces are to be up on Rio Grande drive. Ms. Lackner suggested the amendment to the SPA could show that Art Park road is narrowed to the minimum needed by the city and that the sides are vegetated. Council agreed this should be shown on the plat. 8 Aspen City Council • Regular Meeting • June 26 1995 The amendments to the ordinance will be condition # 1 will be changed to "All parking, handicap parking and handicap drop-offs will be consistent with the Rio Grande master plan as adopted by the City Council". Condition #2 will have added "Materials and props stored on site shall be kept out of view in accordance with a landscaping plan including fencing if necessary to be approved by the director of community development with the ability of Council to review if it is not working". Condition #5 will read "Any overhead utility wires shall be undergrounded by the applicant within 3 years. The applicant shall work with the parks department on an appropriate digging schedule". The payback or financing will be done separately with staff. Mayor Bennett closed the public hearing. Councilwoman Waggaman moved to adopt Ordinance #24, Series of 1995, on second reading as amended above; seconded by Councilwoman Richards. Roll call vote; Councilmembers Richards, yes; Waggaman, yes; Marolt, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. ORDINANCE #27, 1995 - Tap Fee Waivers for Mixed Affordable/Free Market Projects Amy Margerum, city manager, told Council this establishes a partial fee waiver for mixed free market, affordable projects built in the AH zone. The recommendation is that this be done on a sliding scale; category 1 would be 100 percent fee waiver, category 2 is 70 percent, category 3 is 40 percent and category 4 or resident occupied would be required to pay the full tap fee. Ms. Margerum said this will apply to the Ute Trail Townhomes and this person will receive a rebate. Mayor Bennett opened the public hearing. There were no comments. Mayor Bennett closed the public hearing. Councilwoman Richards moved to adopt Ordinance #27, Series of 1995, on second reading; seconded by Councilwoman Waggaman. Roll call vote; Councilmember Waggaman, yes; Richards, yes; Marolt, yes; Paulson, yes; Mayor Bennett, yes. Motion carried. E • • PUBLIC NOTICE RE: SNOWMELTER RELOCATION FINAL SPA AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, November 21, 1995 at a meeting to begin at 4:30 p.m. before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the City of Aspen, requesting approval of an amendment to the Final SPA Plan for the Rio Grande property to relocate the snowmelter approximately 100' south of its current location. The property is located at Lot 1, Rio Grande Subdivision. For further information, contact Dave Michaelson at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO 920-5100. s/Sara Garton, Chair Aspen Planning and Zoning Commission Published in the Aspen Times on November 3, 1995 City of Aspen Account &p,V h 7aCIC %�tGi �D/ZU�95- ASPEN/PITKIN CONEMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5 439 MEMORANDUM TO: City Engineer Parks FROM: Dave Michaelson, Planner RE: Snowmelter Relocation Final SPA Review Parcel ID No. 2737-073-00-861 DATE: October 22, 1995 Attached for your review and comments is an application submitted by the City of Aspen. Please return your comments to me no later than November 6. Thank you. • is TO: FROM: DATE: RE: MEMORANDUM Leslie Lamont John P. Worcester � ��// August 9, 1995 Ownership of Rio Grande Subdivision, Lot 1 THE CITY OF ASPEN CITY ATTORNEYS OFFICE This is to verify that the City of Aspen is the owner of Lot 1, Rio Grande Subdivision, City of Aspen, Pitkin County, Colorado. i