HomeMy WebLinkAboutresolution.council.088-07
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RESOLUTION #ll
(SERIES OF 2007)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AUTHORIZING
SPENDING OF FUNDS GENERATED THROUGH THE
RENEWABLE ENERGY MITIGATION PROGRAM
WHEREAS, On December 13, 1999, City Council Approved Ordinance No. 55
adopting the Aspen/Pitkin Energy Conservation Code, and
WHEREAS, the Aspen/Pitkin Energy Conservation Code allows that the funds be
spent in accordance with ajoint resolution by the Aspen City Council and the Pitkin
County Board of County Commissioners, and
WHEREAS, pursuant to the Agreement, the Board ofthe Community Office for
Resource Efficiency approved a number of spending proposals, and
WHEREAS, the spending proposals meet the screening criteria of affordable housing,
cost-effectiveness, public visibility, and education, environmental benefits, energy
efficiency, leverage, unique opportunity, new technologies and green design, and
WHEREAS, the Renewable Energy Mitigation Program (Fund) has a balance of
approximately $ 3,073,000 and the total of the proposed expenditures equal $1,543,000.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
The Aspen City Council does hereby authorize the Community Office for Resource
Efficiency to negotiate and secure contracts and manage the installation and/or
implementation of the following projects:
1. Aspen Community School, $20,000. The Aspen Community School has secured
a $20,000 grant from the state to retrofit its 35-year-old building. This log
structure is leaky and inefficient. A matching REMP grant would allow the school
to improve the building's energy performance and mechanical systems.
2. Basalt Library, $20,000. Basalt voters approved a bond issue to build a new
library which is within the Pitkin County border. Land has been secured for this
project. These REMP funds would be used to improve the energy efficiency of the
new library.
3. Burlingame Affordable Housing, $100,000. This would be used to
"commission" the mechanical systems in Burlingame's 16 buildings. We would
install outdoor resets on the 35 or 40 boilers in this project to optimize their
energy performance. The excessive summer solar gain will also be addressed
where possible.
4. Canary Alliance Staff Position, $70,000. The City of Aspen's Canary Alliance
has completed a greenhouse gas emissions inventory, climate impacts assessment,
and action plan. This money would fund the salary of the existing assistant
manager ofthe Canary program for a little more than one year.
5. Carbondale Energy Plan, $20,000. The Town of Carbondale has budgeted $140,000
in franchise fees to cover the cost of an Energy Manager to carry out the work
specified by their energy and climate action plan. This money would be used to
support the implementation of this work. CORE anticipates that the Carbondale effort
will become a model for other Valley communities, including Aspen, Basalt and
Glenwood.
6. Community and Mini-grant Programs, $100,000. Half ofthese funds would
support an existing REMP program which provides small renewable energy and
energy efficiency grants to area non-profits, schools, and businesses. The
remaining $50,000 will fund larger grants up to $15,000, based on merit.
7. CORE Climate Coordinator, $70,000. Local interest in climate protection and
energy issues is growing dramatically. Developing, supporting and coordinating the
Valley's climate protection activities is becoming a fulltime job for CORE. CORE
needs an additional staff member to handle these tasks and to provide some
administrative and fundraising support.
8. Energy Efficient Appliances, $35,000. This money will replenish an existing
REMP program which provides rebates to Valley residents who purchase energy
efficient: clothes washers, dishwashers, and refrigerators.
9. Energy Retrofit of the Carbondale Elementary School, $80,000. The Town of
Carbondale is converting the old Carbondale Elementary School to a nonprofit
center. This money will be used to support an energy retrofit ofthe building
before it is leased to its new tenants, who are likely to include Solar Energy
International (Solar School) and KDNK radio.
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10. Green Design Grants, $100,000. The most cost effective time to incorporate
energy efficiency and renewable energy into a building is during the initial
design. The REMP funds requested here would be used to provide technical
assistance for at least six projects. Priority will be given to public projects in the
upper Valley.
I I. Habitat for Humanity, $25,000. This money would be used to include a solar
hot water system, efficient appliances, and building envelope upgrades to a 1,300
square foot home in Carbondale. $5,000 of this funding will be used to add solar
to an existing Habitat for Humanity home in Pitkin County.
12. Hydropower & Geoexchange Grants, $30,000. This money would be used to
encourage homeowners to implement geoexchange and/or hydropower energy
systems on their property. This could take the form of education/marketing or
help with individual feasibility studies.
13. NCTF, $100,000. This grant would leverage an additional $100,000 in funding to
design, develop and launch the first year of a regional "Partnership for the New
Energy Economy" (based upon Denver's highly successful Greenprint program).
This would represent a regional coalition of organizations and efforts from Aspen
to Rifle working to reduce our dependence on oil and protect the climate. The
partnership will result in a regional website, network of businesses and
households, educational programs, and technical assistance and involving the
business sector in implementing a more sustainable transportation system and
creating a more climate friendly region, including: Bus Rapid Transit with
accompanying Transit Oriented Development/Affordable Housing; Green Master
Planning throughout the region, and additional REMP-like funding streams. A full
memo with milestones and additional detail is available for review.
14. North Forty Fire Station, $35,000. This money will fund one-halfofa solar
electric system at the North Forty Fire Station. The Fire District has raised the
remainder of the money from Holy Cross Energy and the Environment
Foundation.
15. Pitkin County Energy Manager, $100,000. This money would support the salary
and benefits of a Pitkin County energy manager for a little over one year, plus provide
an additional $25,000 in project support. The Energy Manager would assume the
types of duties and roles in the County govemment that the Canary staff provides for
the City.
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16. Redbrick Lighting & Controls Upgrade. $50,000. This money would be used to
upgrade the lighting and HV AC systems in the Redbrick Nonprofit Center in
Aspen.
17. Solar Photovoltaic and Solar Hot Water Rebates, $400,000. This will be used
to replenish an existing rebate fund that encourages Valley residents to install
photovoltaic and solar thermal systems.
18. Woody Creek Community Center, $80,000. This area icon is undergoing a
thorough remodeling to bring the building up to code. This represents an ideal
opportunity to improve the mechanical systems and building envelope to save
energy.
19. CORE REMP Management Fee, $100,000. Of this amount, $10,000 will be
used to publicize the REMP consumer rebates. The remainder will be used to
administer and manage the work described above.
20. REMP/CORE Third-Party Audit, $8,000. To ensure ongoing compliance with
Generally Accepted Accounting Principles (GAAP) these funds would be used to
audit the financials of CORE and the REMP program.
Section 2:
The Community Office for Resource Efficiency will report to the Aspen City Council as
needed regarding the progress and completion ofthe approved projects.
FINALLY, adopted, passed and approved this ;29-day of~2007.
Approved as to form:
Approved as to content:
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City .Attorney .
Mic
Attest:
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City of Aspen
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Gibson Avenue Stormsewer Construction
City Project Number:
2007-079
BID DOCUMENTS & CONSTRUCTION SPECIFICATIONS
OPENING:
3:00pm, October 1, 2007
For further Information, call (970) 920-5079
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5080
FAX (970) 920-5119
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CITY OF ASPEN
130 South Galena Street
Aspen Colorado 81611
(970) 920-5080
Project Title: Gibson Avenue Stormsewer Construction
Project No.: 2007-079
BID PACKAGE
(Contract Documents)
TABLE OF CONTENTS
Pages
Invitation to Bid
Instruction to Bidders ......... .., .... .., ... ..... ...... ... ..... ... ....... ..... .... ...... ..... .... IS1-
General Conditions ... ......... .... .... ... ........... ...... ....... ......... .... ................ ...GC1-
Special Conditions. ...... ... .... .... ... .............. ...... .... .... ... ......... ....... ....... .....SCI-
Technical Specifications.. ............ ... ... .... ....... ...... ....... ... ................ ...... .....TS1-
Qualification Statement. ... ... . . .. . .... .. . .. .. ..... .. .. ... . ... .... ... ... .. . . . . ...... ....... ... .. *QS I-
Bid Proposal... .... ..... ............ ... .......... ....... ... .... .... .......... ..... ...... ....... ... *BP1-
Bid Bond..... .... ... ...... . .. .... . ... . ... .. . .. ....... .. ... ...... .... ... .., .... . . .... .. ....... .... . *BB 1-
Affidavit of Compliance . ..... ........ .............. ... ...... ....... ........ ........ ........... * AC1-
Liquidated Damages Form ..... .... ... ... ............ .,. .... ...... ......... ... ...... .......... *LD1-
Notice of Award .... ........ ..... ... .... .., .................... ... .... ...... ... ...... .... ...... ... NA1-
Contract for Construction .. ..... .... ...... ..... ...... ... .... ....... ... ..... .... ... ........... ..**CC1-
Performance Bond. ... ..... ..... .... ........ ......... ...... ...... .... ..... ... ...... .... ......... **PB1-
Payment Bond ........ ....... ..... .... ... ........ ........ .... ......... ... ...... .... ........ ..... **YB1-
Maintenance Bond. ... ...... .... ........ .............. ....... ... ... ...... ...... ........... ..... **MB1-
Contractor's License.. ....... ................... ...... ....... ...... ........ .... .... .... ........ **LC1-
Notice to Proceed ... ........... .... ... ............ ....... ..... ... ... ... ..... ...................... NP1-
Daily Construction Log Form ................................................................... ENG-304
Progress Pay Estimate Form.. ....... ... ..... ... ......... ... .......... ...... ... ..... ... ..... .....PE1-
Change Order Form. ........ ..... .... ............... ........... ....... ............ ......... ...... C01-
Claim Release Form ................ ...... .............. .... ....... ... ..... ............ ... .... ***CR1-
Project Closure Form .............. .... .., ........... ...... ... .... .., ............ .... ... ......... PC1-
Appendices. ... ..... ........ ..... .......... ..... ............ .......... ................. ....... ..... AP
Appendix One, Site Locations Map.................................................... API
Note: Page Markings; * Pages to be executed prior to submitting sealed bids.
* * Pages to be executed upon notice of award and prior to pre-construction conference.
** * Pages to be executed during final stages or completion of work and prior to release of
retainage.
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INVITATION TO BID
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Sealed bids will be received by the City of Aspen, Colorado, at the office of the City Clerk, 130 South
Galena Street, Aspen, Colorado, until, 3:00pm October 1, 2007 at which time the bids will be publicly
opened and read aloud, for the following City of Aspen project:
Gibson Avenue Stormsewer Construction
Complete Bid Packages are available from the Purchasing office, 130 South Galena Street, Aspen,
Colorado or the Purchasing Department website: http://www.aspenpitkin.com/depts/54/rfp and bid.cfm
A pre-bid conference will be held at September 24, 2007 at 1:30 P.M. Attendance at the pre-bid
conference is essential to convey the bidder's questions regarding the plans and specifications to the
Engineering Department. The pre-bid conference is optional.
The City reserves the right to reject any or all Bids or accept what is, in its judgment, the Bid which is
in the City's best interest. 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.
The Bid and Bid Security must be placed in one envelope securely sealed therein and labeled:
"City Project Number: 2007-079" for "Gibson Avenue Stormsewer Construction"
addressed to:
City of Aspen
Purchasing
130 South Galena Street
Aspen, Colorado 81611
In addition to price, the criteria set forth in the Instruction to Bidders and any specific criteria listed in
the bid documents may be considered in judging which Bid is in the best interests of the City. No bid may be
withdrawn within a period of sixty (60) calendar days after the date fIxed for opening bids.
No bids will be considered which are received after the time mentioned, and any bids so received after the
scheduled closing time will be returned to the bidder unopened.
By:
Rebecca Hodgson
Purchasing
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INSTRUCTIONS TO BIDDERS
FOR CONSTRUCTION PROJECTS
I. 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 oftheir Bids.
2. The Contract Documents for this project shall consist of the following documents:
A. Invitation to Bid (public Notice).
B. Instructions to Bidders.
C. Bid Proposals
D. Addenda, ifany.
E. General Conditions.
F. Special Conditions.
G. Bid Bond.
H. Notice of Award.
1. Contract for Construction.
J. Payment Bond.
K. Performance Bond.
L. Maintenance Bond.
M. Drawings, identified in General Conditions.
N. Specifications identified in General Conditions.
O. Affidavit of Complianceform.
P. Liquidated damages form.
Q. Contractor's License form.
R. Daily Construction Log form.
S. Progress Pay Estimate form.
T. Change Order Form
U. Claim Release form.
Y. Insurance Certificates.
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 non-conforming, non-
responsive 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 bome 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:
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A.
Reference is made to the Invitatioo 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 ofthe 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 Bidders observations with
the Contract Documents.
D. Reference is made to the Special Conditions and the Invitation for Bid for the identification of those
specific requirements of the project 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 special provisions supersede the General Conditions in the Contract Documents.
Before submitting the Bid, each Bidder will, at his/her 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
Bid proposal 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, Bid Number, and name and address of the
Bidder and accompanied by the Bid Security referenced below and other required documents. !fthe 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. Each Bid must be accompanied by Bid Security made payable to the City of Aspen, in an amount of five
percent (5%) ofthe maximum Bid price or as set in the Invitation for Bids and in the form of a certified
or bank check or a Bid Bond (on form attached).
The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract
for Construction and fumished the required Payment, Performance, and Maintenance Bonds, or other
Bonds if any are required by the Special Conditions, whereupon it will be returned; if the Successful
Bidder fails to execute and deliver the Contract for Construction and furnish the required bonds and
insurance certificates, within seven (7) days of the hand delivery or fax transmittal 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 day after the "effective date of the
Contract for Construction" (which term is defmed 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
ten (10) days ofthe Bid award by the City Council.
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 Proposal Forms, as 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
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partnership named and signed by a partner, whose title must appear under the signature and the official
address ofthe 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. No Bid may be withdrawn for a period of sixty (60) days after the date fixed for
opening of bids.
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 (60) 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 detennine 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:
1. The ability, capacity and skill of the bidder to perform the ccntract 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 perfonnance 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 [mancial resources and ability of the bidder to perform the contract or
provide the Construction;
7. The affirmative action goal preferences set forth at Chapter 4.04 ofthe Aspen Municipal Code.
8. 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
tenns 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 infonnation, 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 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 seven (7) consecutive calendar days or risk having their bid
declared abandoned. If the 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 Contract for Construction 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 Contract for Construction shall be executed by the City Manager.
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O. Upon receipt of Performance, Payment, and Maintenance Bonds, or other bonds when required by the
Special Conditions, the City shan send to the Successful Bidder a Notice to Proceed duly executed by
the City Engineer of the City of Aspen, and hold a mandatory Pre-construction conference.
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 Special Conditions for the nature and amount of any required Maintenance, Payment or
Perfonnance 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/she 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.
II. Reference is made to the Invitation for Bids for the identity of the City of Aspen's Bidding Coordinator who will coordinate
all aspects ofthe 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, faxed, or delivered to all parties
recorded by the Bidding Coordinator as having received a Bid Package. Questions received less than seven (7) 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 remedies, and standards of conduct
relating to procurements with the City of Aspen are subject to the City's Procurement Code, Chapter 43 of the Municipal
Code.
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CITY OF ASPEN
GENERAL CONDITIONS
FOR
CONSTRUCTION CONTRACTS
(VERSION GCl-971)
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CITY OF ASPEN, COLORADO
GENERAL CONDITIONS
FOR
CONSTRUCTION CONTRACTS
(Version GC.97-2)
TABLE OF CONTENTS
Article 1 _ Abbreviations, Definitions, and Provisions of General Applicability.
1.1.
1.2.
5
5
Abbreviations
Definitions
Article 2 - Preliminary Matters.
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.8
Delivery of Bonds
Copies of Documents
Commencement of Contract Time, Notice to Proceed
Starting the Project
Before Starting the Project
Pre-construction Conference
Project Progress Meetings
8
8
8
9
9
9
9
Article 3 _ Contract Documents, Intent, Amending, Ownership. Escrow Bid Documents
n
3.4.
3.6.
3.7.
Intent
Amending and Supplementing Contract Documents
Reuse of Documents
Precedence of Documents .
10
10
11
11
Article 4 _ Availability ofLanrls, Physical Conditions, Reference Points.
Artide 5 - Bonds, Indemnification, Liability, and Insurance
II
II
12
12
12
12
12
12
12
12
12
12
13
14
14
15
15
15
17
4.1 Availability of Lands
4.2. Physical Conditions
4.2.1. Exploration and Reports
4.2,2. Existing Structures
4.2.3. Report of Differing Conditions
4.2.4. Engineer's Review
4.2.5. Possible Document Change
4.2.6. Possible Price and Time Changes
4.3. Physical Conditions -UndergrOlUld Facilities
4.3.1. Shown or Indicated
4.3.2. Not Shown or Indicated
4.4, Land Surveys & Reference Points
4.5 Protection of Existing Vegetation
4.6. Hazardous Materials
4.7. Contractor's Representations
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5.1. Performance. Payment, Maintenance and Other Bonds .. .. ..
5,2. Indemnification
5.3. Contractor's Insurance
5.4. City's Liability Insurance
Article 6 - Contractor's Responsibilities.
6.1.
6.2.
6.3.
6.4.-6.7
6.8
6.9
6.10
6.11
6.12
General Responsibilities
Supervision and Superintendence
Labor, Materials, and Equipment
Reserved ..
Sub-contractors, Suppliers and Others
Sub-contracting
Patent Fees, Royalties, Pennits . .
Permits .
Laws and Regulations .
17
17
18
18
19
20
20
20
20
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6.13
6.14
6.15
6.16
6.17
6.18
6.19
6.20
6.21
Taxes.
Use of Premises .
Record Documents .
Safety and Protection . , .
Emergencies ...
Shop Drawings and Samples ..
Claim Release, Mechanics' Lien. ,
Continuing the Work.
Contractor's Facilities ...
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21
21
22
22
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Article 7 - Other Work.
7.1.
7.2.
Related Work at Site
Coordination
24
24
Article 8 - City's Responsibilities.
11.1. Contract Price Adjustments
11.2, Contract Time Adjustments
llJ. Force AccountWork
1104. Contract Sum Detennination
11.5. Cost and Pricing Data
11.6, Variation in Quantity of Unit Priced Items
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25
25
25
26
26
26
26
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27
27
27
27
28
28
29
29
29
30
30
32
32
8.0.
Article 9 - Engineer's Status During Construction.
9.1. City's Representative
9.2, Visits to Site
9.3. Project Representation
904. Clarification and Interpretation
9.5. Authorized VariatiOn<> in Work
9.6. Rejecting of Defective Work
9.7 Shop Drawings, Change Orders and Payments
9.8 Decisions on Disputes .
9.9 Arbitration.
9.10 Limitations on The Engineer's Responsibilities...
Article 10 - Cbanges in the Work.
10.1. City Initiated Changes
10.2. Work Directive Change
10.3. Change Order
10.4. Contractor Change Request
ID.5. Down Time
10.6. Submittal Requirements and Waiver of Claims
Article 11- Cbanges of Contract Price.
Article 12 - Reserved.
Article 13 _ Warranty and Guarantee (Maintenance Bond); Tests and Inspection; Correction, Rr:moval
or Acceptance of Defective Work.
13. 1. Warranty
13.2. Access to Work
13.3. Tests and Inspections
1304. Uncovering Work
13.5 City May Stop the Work
13.6. Correction or Removal of Defective Work
13.7. Correction Period
13.8. Acceptance of Defective Work
13.9. City May Correct Defective Work
13.10. Unauthorized Work
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Article 14 - Payments to Contractor and Completion.
14.1. Determination of Work Value
14.2. Application for Progress Payment
14.3. Contractor's Warranty of Title
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16.1. Nondiscrimination
16.2. Giving Notice
16.3. Computation of Time
16.4. General
16.5. Independent Contractor Status
16.6. Prohibited Interest
16.7. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest ..
16.8. Paymen~ Subject to Annual Appropriations
16.9. Contractor Acceptance
16.10, Successors and Assigns
16.11. Third Parties
16.12. Waiver
16.13. Agreement Made in Colorado
16.14. Attorneys' Fees
16.15. Waiver of Presumption
16.16. Severability Clause
16.17. Audit and Records
16.18. Audit
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14.4. Engineer's Review of Progress Paymen~
~ 14.5. Substantial Completion
14.6. Partial Utilization
14.7. Final Inspection
14.8. Final Progress Payment
14.9. Settlement Date, Notice to Subcontractors, Acceptance and Final Payment .......
14.10. Contractor's Continuing Obligation
14.11. Time for Completion and Liquidated Damages....
Article 15 - Suspension of Work and Termination.
15.1. City May Suspend Work
15.2. City May Tenninate
15.5. Contractor May Stop Work or Tenninate
Article 16 - Miscellaneous.
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INTRODUCTION
The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all, unless certain
services or equipment are specifically excluded. These General Conditions have been prepared to be incorporated by reference into
the Contract entered into between the City and the Contractor. In the event of conflict or inconsistency among the Contract
Documents, the order of precedence set forth in the Contract for Construction shall govern the interpretation of the Contract between
the City of Aspen and the Contractor. Words and abbreviations which have well-known technical or trade meanings are used in the
Contract Documents in accordance with their recognized meanings, provided however that those terms required to be defined in the
Proposal by the Contractor shall have the meaning given to them in the Proposal to the extent that they are not in conflict with any
other part or term oflhe Contract Documents.
ARTICLE 1 - DEFINlTIONS
1.1. Whenever the words, forms, or phrases defined herein, or pronouns used in their place occur in the Contract Documents,
the intent and meaning shall be interpreted as follows:
ASCE
NACE
SSPC
AASHTO
AlA
SICS
AlSI
ANSI
ASME
ASlM
AWG
AWS
BAFO
CDOT
O&M
DHA
EBD
EIA
EPA
FCC
FHWA
FTA
HVAC
NBS
NEC
NTP
NESC
NFPA
OSHA
PHA
SAE
UL
UMTA
UD&FCD
MUTCD
American Society of Civil Engineers
National Society for Corrosion Engineers
Special Society for Paint Council
American Association of State Highway and Transportation Officials
American Insurance Association
American Institute of Steel Construction
American Iron and Steel Institute
American National Standards Institute
(formerly ASA and USASI)
American Society of Mechanical Engineers
American Society for Testing and Materials
American Wire Gauge
American Welding Society
Best and Final Offer
Department of Transportation, State of Colorado
Operations and Maintenance
Detailed Hazards Analysis
Escrow Bid Documents
Electronic Industries Association
United States Enviromnental Protection Agency
Federal Communications Commission
Federal Highway Administration
Federal Transit Administration
Heating, Ventilation, and Air Conditioning
National Bureau of Standards
National Electric Code
Notice to Proceed
National Electric Safety Code
National Fire Protection Association
Occupational Safety and Health Administration
Preliminary Hazards Analysis
Society of Automotive Engineers
Underwriter's Laboratories, Inc.
United States Department of Transportation, Urban Mass Transportation Authority
Urban Drainage and Flood Control District
Manual on Uniform Traffic Control Devices
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1.2. Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural thereof:
Addenda _ Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding
documents, Contract Documents, drawings, details or specifications.
Bid _ The offer or proposal of the bidder submitted on the prescribed formes) setting forth the prices for the Work to be performcd.
Bidder _ Any qualified responsible and responsive firm or corporation submitting a Bid for the Work.
Bid Package _ All information and standard Contract Documents prepared by the City to assist potential bidders to prepare their
bids.
Bonds _ Bid, performance, payment, maintenance bonds and other acceptable instruments of financial security, furnished by the
Contractor and his/her surety in accordance with the Contract Documents.
Change Order _ A written order to the Contractor authorizing an addition, deletion or revision in the Work within the general scope
of the Contract Documents, or authorizing an adjustment in the Contract Price or Contract Time, issued on or after the Effective
Date of the Contract for Construction.
City or Owner - The City of Aspen in Pitkin County, Colorado.
Contract _ All contract documents attached to the Contract for Construction and made a part thereof as provided herein.
Coatract Documents _ The Contract including Invitation to Bid, Instructions to Bidders, Bid Proposal, Addenda, General
Conditions, Special Conditions, Contract for Construction, Bid Bond, Notice of A ward, Payment, Performance, and Maintenance
Bonds, Drawings identified in the Contract Documents or attached as part of the Bid, and Specifications identified in the invitation to
Bid or attached as part of the Bid, Affidavit of Compliance form, Liquidated Damages form, Contractor's License form, Daily
Construction Log form, Progress Pay Estimate form, and Insurance Certificates.
Contract for Construction _ The written agreement between City and Contractor covering the Work to be performed.
Contractor _ The qualified responsible and responsive firm or corporation with whom the City has entered into the Contract for
Construction.
Contract Price _ The moneys payable by the City to the Contractor under the Contract Documents as stated in the Contract for
Construction (subject to the provisions of paragraph 11.4.), except for the Minor Contract Revisions item(s) which are subject to the
City's written authorization for expenditure.
Contract Time _ The number of the consecutive calendar days or the working days and/or the deadline set in the Contract
Documents for the completion ofthe Work.
Daily Construction Log _ The form furnished by the City Engineering Department, used by the City Project Inspector to record the
Contractor's daily work quantities and project events. Daily construction log is the only verified justification for payment to the
Contractor.
Defective _ An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not
conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval
referred to in the Contract Documents, or has been damaged prior to the Engineer's recommendation of final payment (unless
responsibility for the protection thereof has been assumed by the City at Substantial Completion in accordance with paragraph 14.5
or 14.6).
Drawings _ The part of the Contract Documents which show the character and scope of the Work to be performed and which have
been prepared or approved by the Engineer.
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Effective Date of the Contract for Construction - The date indicated in the Agreement on which it becomes effective, but if no
such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and
deliver.
Engineer _ The person, finn, corporation or the City Engineer, named as such in the Contract Documents.
Field Order _ A written order affecting a change in the Work not involving an adjustment in the Contract Time, issued by the
Engineer to the Contractor during construction.
Hazardous Materials _ The term "Hazardous Materials" shall have the meaning set forth at 42 D.S.C. '9601(14) and regulations
promulgated pursuant thereto.
Laws and Regulations; Laws or Regulations - Laws, rules regulations, ordinances, procurement code and/or orders.
Notice of Award _ The written notice by the City to the apparent successful bidder stating that upon compliance by the apparent
successful bidder with the conditions precedent enumerated therein, within the time specified, the City will sign and deliver the
Contract .
Notice to Proceed _ A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence
to run and on which Contractor shall start to perform Contractor's obligations under the Contract Documents.
Partial Utilization _ Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before
reaching Substantial Completion for all the Work.
Procurement Code - Title 4 ofthe City of Aspen Municipal Code.
Progress Pay Estimate _ The form furnished by the City Engineering Department, which is to be used to record, approve, and
process payment when the Contractor requests progress or final payments and which is to include such supporting documentation as
is required by the Contract Documents.
Project _ The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as
indicated elsewhere in the Contract Documents.
Project Inspector _ The authorized Civil Engineer or Civil Engineering Technician, designated by the City Engineer to observe
construction, materials placement and testing and to prepare the Daily Construction Logs and field reports.
Punch List _ A form or letter that lists all incomplete or deficient Bid items, and is prepared upon substantial completion of the
Work by the City Project Inspector.
Shop Drawings _ All drawings, diagrams, illustrations, brochures, schedules and other data which are specifically prepared by or for
the Contractor and the sub-contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules,
performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by the Contractor and the
Sub-contractor to illustrate material or equipment for some portion of the Work.
Specifications _ Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment,
construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto.
Subcontractor _ A finn or corporation having a direct contract with the Contractor or with any other Sub-contractor for the
performance ofa part ofthe Work at the site.
Substantial Completion _ The Work (or a specified part thereof) has progressed to the point where, in the opinion of the Engineer
as evidenced by the Engineer's acceptance, is sufficiently complete, in accordance with the Contract Documents, so that the Work
can be utilized for the purposes for which it is intended. The tenns "substantially complete" and "substantially completed" as applied
to any Work refer to Substantial Completion thereof. The tenn Substantial Completion shall mean one hundred percent (100%)
completion ofthe Work.
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Special Conditions or Special Provisions - The part of the Contract Documents which amends or supplements these General
Conditions.
Supplier _ A manufacturer, fabricator, supplier, distributor, materialman or vendor who supplies materials or equipment for the
Work including that fabricated to a special design but who does not perform labor at the site.
Underground Facilities _ All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or
attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following
services for materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television,
water, wastewater and surface runoff removal, traffic or other control systems.
Unit Price Work - Work to be paid for 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 and those not specifically mentioned but necessary for
successful completion ofthe Bid items.
Written Notice or Written Notice of Amendment - A written amendment of the Contract Documents, signed by the City and the
Contractor on or after the Effective Date of the Contract for Construction and normally dealing with the non-engineering or non-
technical rather than strictly Work-related aspects of the Contract Documents
ARTICLE 2 - PRELIMINARY MA TIERS
2.1 Delivery of Bonds:
When Contractor delivers the executed Contracts to the Engineering Department, the Contractor shall also deliver such Bonds as the
Contractor is be required to furnish in accordance with paragraph 5.1.
2.2 Copies of Documents:
The City shall fumish to the Contractor up to three copies (unless otherwise specified in the Special Conditions) of the Contract
Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost
of reproduction.
2.3 Commencement o/Contract Time, Notice to Proceed:
Prior to the City 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 City's employees, either
directly, indirectly, or by implication, no Contract shall be in effect nor shall be binding upon the City until such time as the Contract
is executed by the City pursuant to authority granted in accordance with Section 4-08-040 of the Procurement Code. The City shall
issue a Notice to Proceed after either (a) the City Manager has executed the Contract, or (b) The City Council has authorized the
execution of the Contract, and the Contractor has executed the Contract and other Contract Documents, and has delivered the
specified bonds, Certificates of Insurance, as are required, and any other documents required to be delivered by the Special
Conditions and Addenda(s) if any issued. The Contract Time will commence to run on the day indicated in the Notice to Proceed.
2.4 Starting the Project:
The Contractor shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at
the site prior to the date on which the Contract Time commences to run and prior to a 'mandatory pre-construction conference
conducted by the City.
2.5 Before Starting the Project:
~
Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and
verifY pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the
Engineer any conflict, eITor or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification
from the Engineer before proceeding with any Work affected thereby.
,~,
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2.5.1. Within Three Davs after the Effective Date ofthe Contract (unless otherwise specified in the Special Conditions or General
Requirements). the Contractor shall submit to the Engineer for review:
2.5 .1.1. An estimated progress schedule indicating the starting and completion dates ofthe various stages of the Work;
2.5.1.2. A preliminary schedule of Shop Drawing submissions; and
2.5 .1.3. Quality Control and Quality Assurance (QNQC) plan and policy to identify the
specific steps the Contractor will take to ensure the highest quality in the
constructed Bid items.
2.5.1.4. A Work Zone Safety bnplementation & Enforcement Plan with specific action
process.
2.5.2. Before any Work at the site is started, the Contractor shall deliver to the City and the Engineer, copies of certificates (and
other evidence of insurance requested by the City) which the Contractor is required to purchase and maintain.
2.6 Pre-construdion Conference:
Within Seven (7) Consecutive Calendar Days after the Effective Date of the Bid Award, and before the Contractor starts the Work at
the site, he/she and all of hislher sub-contractors and suppliers shall attend a mandatory pre-construction conference, conducted by
the Engineer and others as appropriate to discuss coordination of construction activities, procedures for handling Shop Drawings and
other issues, and to establish a working understanding among the parties as to the Work.
2.7 Project Progress Meetings
The City and the Contractor shall meet once a week to review the construction activities, rate of progress, and other project related
issues to ensure efficient and smooth progress of work.
.J
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ARTICLE 3 - CONTRACf DOCUMENTS: INTENT, AMENDING, REUSE
....",....
3.1 Intent:
The Contract Documents comprise the entire agreement between the City and the Contractor concerning the W ark. 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 ofthe State of Colorado.
3.1.1. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in
accordance with the Contract Documents. Any Work, materials or equipment that may reasonably 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 shan be
interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society,
organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by
implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids
(or, on the Effective Date of the Contract if there were no Bids) except as may be otherwise specifically stated. However, no
provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the
Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor or the Engineer, or any
of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the
Engineer, or any of the Engineer's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or
performance ofthe Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 9. Clarifications
and interpretations of the Contract Documents shall be issued by the Engineer as provided in section 9.4.
3.1.2. If, during the performance of the Work, Contractor finds a conflict, error or discrepancy in the Contract Documents, the
Contractor shall so report to the engineer and the City in writing at once and before proceeding with the Work affected thereby and
shall obtain a written interpretation or clarification from the Engineer.
3.2 Amending and Supptementing Contract Documents:
The contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modifY the terms and
conditions thereof in one or more of the following ways:
3.2.1. A formal Amendment of the Contract for Construction;
3.22 A Change Order pursuant to paragraph 10.3. As indicated in Article 11 Contract Price and
Contract Time may only be changed by a Change Order or a Written Notice of Amendment.
3.2.3. In addition, the requirements ofthe Contract Documents may be supplemented, and
minor variations and deviations in the Work may be authorized, in one or more of the following ways:
3.2.3.1. A Field Order (pursuant to paragraph 9.5);
3.2.3 .2. The Engineer's approval of a Shop Drawing or sample (pursuant to paragraphs
6.18.5 and 6.18.6); or,
3.2.3.3. The Engineer's written interpretation or clarification (pursuant to paragraph 9.4).
3.3 Reuse of Documents:
,
Neither the Contractor nor any Subcontractor or Supplier or other person or organization perfonning or furnishing any of the Work
under a direct or indirect contract with the City shall have or acquire any title to or ownership rights in any of the design details,
drawings or specifications.
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3.4 Precedence of Contract Documents:
0.;,.,,,,,,,'
The Contract governs over the Contract Documents. A Change Order governs over all other
Contract Documents impacted by change. The Special Conditions govern over the General
Conditions.
ARTICLE 4 _ AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS
4.1 Availabitity of Lands:
The City shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and
easements for access thereto. The Contractor shan have full responsibility with respect to any conditions or provisions contained in
applicable easements relating to the lands upon which the Work is to be performed.
4.2 Physical Conditions:
4.2.1. EXPLORATIONS AND REPORTS: Reference is made to the Special Conditions for identification of those reports of
explorations and tests of subsurface conditions at the site that have been utilized by the Engineer in preparation of the Contract
Documents. The Contractor may reasonably rely upon the accuracy of the technical data contained in such reports, but not upon
non-technical data, interpretations or opinions contained therein or for the completeness thereof for the Contractor's purposes.
Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. the Contractor shall have full responsibility with
respect to subsurface conditions at the site. Contractor shall not, by virtue of this paragraph, be relieved from exercising ordinary
skill and competence with respect to reliance upon the accuracy of the technical data contained in such reports.
4.2.2. EXISTING STRUCTURES: Reference is made to the Special Conditions for identification of those drawings of physical
conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3)
which are at or contiguous to the site that have been utilized by the Engineer in preparation of the Contract Documents. The
Contractor may reasonably rely upon the accuracy of the technical data contained in such drawings, but not for the completeness
thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. the
Contractor shall have full responsibility with respect to physical conditions in or relating to such structures. The Contractor shall not,
by virtue of this paragraph, be relieved from exercising ordinary skill and competence with respect to reliance upon the accuracy of
the technical data contained in such drawings.
4.2.3. REPORT OF DIFFERING CONDITIONS: If the Contractor believes that:
4.2.3.1. Any technical data on which the Contractor is entitled to rely as provide~ 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,
Theo, the Contractor shall promptly, after becoming aware thereof and before performing any Work in connection
therewith (except in an emergency as permitted by paragraph 6.22) notifY the City and the Engineer in writing about the
inaccuracy or difference.
4.2.4. ENGINEER'S REVIEW: The Engineer will promptly review the pertinent conditions, determine the necessity of
obtaining additional explorations or tests with respect thereto and advise the City in writing (with a copy to the Contractor) of the
Engineer's fmdings and conclusions.
4.2.5. POSSffiLE DOCUMENT CHANGE: Ifthe Engineer concludes that there is a material error in the Contract Documents or
that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as
provided in Article 10 to reflect and document the consequences of the inaccuracy or difference.
4.2.6. POSSffiLE PRICE AND TIME ADJUSTMENTS: lu each such case, an increase or decrease in the Contract Price or an
extension or shortening ofthe Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to
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any such inaccuracy or difference as described in Section 4.2.3. The Contractor shall meet and obtain approval from the City
Engineer or his/her designee prior to implementing any such change in the Work.
4.3 Physical Conditions - Underground Facilities:
4.3.1. SHOWN OR INDICA TED: The information and data shown or indicated in the Contract Documents with respect to
existing Underground Facilities at or contiguous to the site is based on information and data furnished to the City or the Engineer by
the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Special Conditions:
4.3.1.1. The City and the Engineer shall not be responsible for the accuracy or completeness of any such information or
data; and,
4.3.1.2. The Contractor shall have full responsibility for determining the existence of all Underground Facilities, for
reviewing and checking and potholing for aU such information and data, for locating all Underground Facilities shown or
indicated in the Contract Documents, for coordination ofthe Work with the owners of such Underground Facilities during
construction, for the safety and protection thereof as provided in paragraph 6.20 and for repairing any damage thereto
resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price.
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 tbereof and before performing any Work affected thereby (except in an
emergency as permitted by paragraph 6.17.1), identiJy the owner of such Underground Facility and give written notice thereof to
that owner and to the City and the Engineer. The Engineer 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 6.16.1. The Contractor shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the
existence of any Underground Facility that was not shown or indicated in the Contract Documents and of which the Contractor
could not reasonably have been expected to be aware of such Underground Facility and subject to acceptance and approval by the
Engineer.
4.4 Reference Points:
4.4. The City shall provide engineering surveys to establish reference points for construction which in the Engineer'sjudgment
are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work (unless
otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no
changes or re-locations without the prior written approval of the City. The Contractor shall report to the Engineer whenever any
reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of such reference points by a Registered Professional Land Surveyor Licensed
in the State of Colorado.
4.5 Protection and Restoration of Property and Landscape:
4.5.1. The Contractor shall be responsible for the preservation of all public and private property and shall protect carefully from
disturbance or damage all land and property and shall protect carefully from disturbance or damage all land and monuments and
property marks until the the Engineer has witnessed or otherwise referenced their location and shall not remove them until directed.
4.5.2. The Contractor shall be responsible for all damage or injury to property of any character, during the prosecution ofthe Work,
resulting from any act, omission, neglect, or misconduct in his manner or method of executing the Work, or at any time due to
defective Work or materials, and said responsibility shall not be released until the project shall have beeu completed and accepted.
4.5.3. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act,
omission, neglect, or misconduct by the Contractor in the execution of the Work, or in consequence of the non-execution thereof by
the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage
or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury
in an acceptable manner.
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4.5.4. State Highway 82 and the streets within the corporate limits ofthe City of Aspen are viewed by the City as a community asset
which enhances the tourism industry. The City, therefore, desires to save all vegetation and other environmental features except for
those which have been specifically identified for removal in the Contract Documents.
4.5.5. Materials storage, equipment parking, vehicle parking and stockpiling excavated materials shall be allowed only in those
areas designated by the Engineer.
4.5.6. Specific areas of vegetation and other environmental features to be protected shall be staked, fenced, or otherwise marked in
the field by the Engineer. However, the fact that areas of vegetation and other environmental features are not marked shall not
necessarily mean that those items are expendable. The Contractor shall perform all his activities in such a manner that the least
environmental damage shall result. Any questionable areas or items shall be brought to the attention of the Engineer for approval
prior to removal or any damage activity. Damage or destruction of unmarked trees or shrubs which could reasonably have been
saved shall therefore be subject to the provisions these General Conditions.
4.5.7. If the fence, staking or marking is knocked down or destroyed by the Contractor, tbe Architect shall suspend the Work in
whole or in part, until the fence or other protection is repaired to the Engineer's satisfaction at the Contractor's expense. Time lost
due to such suspension shall not be considered a basis for adjustment of Contract Time or for compensation to the Contractor.
4.5.8. If the Contractor disturbs any of the landscape not called for removal, he/she shall restore those areas as directed at the
Contractor's expense.
4.5.9. The City may require that the Contractor replant an area tbat is damaged. The Work shall be done as directed by the
Engineer. If the Contractor is deemed to be responsible, then the replanting shall be done by the Contractor at hislher expense. If the
City is responsible, the costs will be reimbursed on a minor contract revisions (MCR) basis unless existing cost proposal covers the
Work.
4.5.10. With respect to replacement of trees and shrubs tbat have been damaged or destroyed, the following conditions shall apply:
4.5. ro.1. Trees or shrubs ofreplaceable size shall be replaced by the Contractor at hislher expense. If he/she fails to do so
within a reasonable length of time as determined by the Engineer and prior to the end of the contract time, the replacement
value of the trees or shrubs will be deducted from any money due to the Contractor. These values shall be based upon
averages derived from current prices of nurseries growing the plants, plus the cost for planting and a guarantee for the first
growing season.
4.5.10.2. When trees or shrubs beyond replaceable size have been damaged or destroyed, the value of such trees or shrubs
sball be calculated as per square yard of surface area measured at the ground level.
4.5.10.3. Any deduction assessed as liquidated damages under this section shall not relieve the Contractor from liability for
any damages or costs resulting from delays to the City, traveling public or other contractors.
4.6 Hazardous Materiats
4.6.1. Prior to commencement ofany Work and as a condition precedent to payment by the City of any costs for it, the Contractor
shall at no additional cost to the City conduct tests the Contractor deems necessary to detennine the existence of Hazardous
Materials by appropriately licensed Subcontractors or entities. The City shall reimburse the Contractor for the invoice costs of the
tests, only in the event that the Contractor fumishes the City with certified test data and results which confirm the existence of
Hazardous Materials.
4.6.2. If Hazardous Materials are discovered on or under real property which is owned by tbe City before the date of Substantial
Completion and Acceptance in accordance witb Article 14 herein, which property is within the Project right-of-way, the City shall,
upon the request of the Contractor, and at the City's sole cost and expense, cause any such Hazardous Materials to be encapsulated,
treated or removed from such real property and transported for final disposal in accordance with all Laws and Regulations, and shall
cause such real property to be restored to its condition existing prior to such removal (except for the absence of Hazardous
Materials), including, to the extent required, any grading and reinforcement necessary to restore the weight -bearing capacity of such
real property prior to such event. The City shall remove the Hazardous Materials and restore the real property in such a manner as
not to interfere with the Contractor's construction or operation of the Project.
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4.6.3. If Hazardous Materials are present on or under the Project right-of-way as a result of any discharge, dumping or spilling on
the Project right-of-way during the tenn ofthe Contract by any party, including the Contractor, other than an agency ofthe executive
branch of State or Federal Government, the Contractor shall at the Contractor's sole cost and expense, cause any such Hazardous
Materials to be encapsulated, treated or removed from the Project right-of-way and transported for final disposal in accordance with
all applicable Laws and Regulations, and shall cause the Project right-of-way to be restored to its condition existing prior to such
removal (except for the absence of the Hazardous Materials); including, to the extent required, any grading and reinforcement
necessary to restore the weight-bearing capacity of the Project right-of-way prior to such event.
4.6.4. The City shall not be responsible for the cost of and the removal or clean-up of Hazardous Materials found in any materials
brought to the Project Site, after the Project Site is turned over to the Contractor.
4.6.5. The Contractor shall provide the Engineer with a written certification each time materials or equipment is brought onto the
Work site that such materials or equipment do not contain Hazardous Materials.
4.6.6. The Contractor and the City shall cooperate with each other in the prosecution of any claim against or defense of any
claims made by third parties in connection with Hazardous Materials present on the Project right-of-way or contiguous properties
owed or controlled by the City.
4.7 Contractor Representations
By executing the Contract, the Contractor represents that he/she has visited the site, familiari:red himlherself with the local conditions
under which the Work is to be perfonned (including weather conditions which can be expected), and correlated his observations
with the requirements of the Contract Documents.
ARTICLE 5 - BONDS, INDEMNIFICATION AND INSURANCE
5.1 Performance, Payment, and Maintenance Bonds:
5.1.1. Contractor shall furnish perfonnance, payment, and maintenance Bonds, each in an amount specified in the Special
Conditions as security for the faithful perfonnance and payment of all the Contracto~s obligations under the Contract Documents.
These Bonds shall remain in effect until the job is advertised and closed except for the Maintenance Bond which shall remain in full
force and effect for Two Years from the date of project closure, except as otherwise provided by the Contract Documents. The
Contractor shall also furnish such other Bonds as are required by the Special Conditions. All Bonds shall be in the fonns 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 ofthe authority to act.
5.1.2. Ifthe surety on any Bond furnished by Contractor is declared a bankrupt or becomes insolvent or its right to do business is
terminated in any state or it ceases to meet the requirements of paragraph 5.1, Contractor shall within five days thereafter substitute
another Bond and Surety, both of which must be acceptable to the City.
5.2 Indemnification:
The Contractor agrees to indemnifY and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and
against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which
arise out of or are in any manner connected with this contract, to the extent that 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, errOf, professional error, mistake, negligence, or other
fault ofthe Contractor. any subcontractor ofthe 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 Of
of any employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle, respond to, and provide
defense for and defend against, any such liability, claims or demands at the sole expense of the Contractor, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability,
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claims, or demands. The Contractor also agrees to bear all other costs and expenses related thereto, including court costs and
attomey 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, its officers, or its employees, the City shall reimburse the Contractor for the portion of the
judgment attributable to such act, omission, or other fault ofthe City, its officers, or employees.
5.3 Contractor's Insurance:
5.3.1. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure
against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 5.2 above. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of
any liability, claims, demands, or other obligations assumed pursuant to Section 5.2 above by reason of its failure to procure or
maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types.
5.3.2. Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the
minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with
fonns and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability , claims, demands, and
other obligations assumed by the Contractor pursuant to Section 5.2 above. In the case of any claims-made policy, the necessllty
retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.
5.3.2.1. Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged
in the perfonnance 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.
5.3.2.2. 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.
5.3.2.3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and
property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned, hired and non-owned vehicles assigned to
or used in perfonnance 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 City under this contract.
5.3.3. Except for any Professional Liability insurance that may be required, the policy or policies required above shall be
endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required
above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or
provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by
Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy
required above.
5.3.4. The 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 coverage, conditions, and minimum limits are in full force and effect, and shall be
reviewed and approved by the City of Aspen prior to commencement of the contract. No other fonn of certificate shall be used. The
certificate shall identifY this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated
or materially changed until at least thirtv (30) davs prior written notice has been given to the City of Aspen.
5.3.5 In addition, these Certificates of Insurance shall contain the following clauses:
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Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of
the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s) may hecome liahle for secondary or
excess coverage, the CitylS underwriters and insurers shall have no right of recovery or subrogation against the
Contractor.and issuers shall have no right of reccvery or suhrogation against the City of Aspen, it heing the intention ofthe
parties that the insurance policies so effected shall protect all parties and he primary coverage for any and all losses covered
by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess
coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any
premiums or for assessments under any form of policy.insurance companies issuing the policy or policies shall have no
recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy.
Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the
sole risk of the Proposer.and all deductibles in the above-described insurance policies shall be assumed by and be for the
amount of, and at the sole risk of the Proposer.
Location of operations shall be: nAil operations and locations at which work in connection with the referenced project is
done.'10f operations shall be: nAil operations and locations at which work in connection with the referenced project is
done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a
policy's expiration date except for any policy expiring on the expiration date of this agreement or thereafter.
5.3.6. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and
minimum limits shall constitute a material breach of ccntract upon which City may irnmediately tenninate this contract, or at its
discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in
connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of
the premiums against moneys due to Contractor from City.
5.3.7. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto.
5.4 City's Liability Insurance:
5.4.1. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA)
and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of
Aspen Finance Department and are available to Contractor for inspection during normal business hours. City makes no
representations whatsoever with respect to specific coverage offered by CIRSA. City shall provide Contractor reasonable notice of
any changes in its membership or participation in CIRSA.
5.4.2. The parties hereto further understand and agree that City is relying on, and does not waive or intend to waive hy any
provision of this contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, Section 24-10-101 et seq., C.RS., as from time to time amended, or otherwise available to City, its
officers, or its employees. Further, nothing in the Contract Documents shall be construed or interpreted to require or provide for
indemnification of the Contractor by the City for any injury to any person or any property damage whatsoever which is caused by
the negligence or other misconduct of City or its agents or employees.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.1 Generat Responsibitities:
6.1.1. The Contractor shall perfonn all ofthe Work in conformance with the Contract Documents.
6.1.2. The Contractor covenants and warrants that it shall be responsible for perfonning the Work, and that it shall do or cause to
be done the Work and services as required in the Contract Documents and any additional, collateral, and incidental Work and
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services as may be necessary in order to complete the Project in accordance with the requirements of the Contract Documents, shall
be responsible for providing completed Work which meets the results required by the Contract Documents, and shall achieve
Substantial Completion (100% ofthe Work) by the Contract Time.
6.1.3. Construction services shall be performed in accordance with those professional standards listed in the Special Conditions
for quality and scope and shall be performed by the entities and persons, Subcontractors and specific personnel identified in the
Contractor's Proposal in accordance with their respective degrees of participation provided and represented to City. Other
construction services shall be performed by qualified construction Subcontractors and Suppliers, selected and paid by the Contractor.
Nothing contained in the Contract Documents shall be construed to create any obligation or contractual liability running from the
City to any ofthese persons or entities.
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6.2 Supervision and Superintendence:
6.2.1. The Contractor shall supetvise and direct the Work competently and efficiently devoting such attention thereto and
applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The
Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The
Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents.
6.2.2. The Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not
be replaced without written notice to the City and the Engineer except under extraordinary circumstances. The superintendent will
be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to
the superintendent shall be as binding as if given to the Contractor.
6.3 Labor, Materials and Equipment:
6.3.1. The Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perform
construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site.
Except in connection with the safety or protection of persons or the work or property at the site or adjacent thereto, and except as
otherwise indicated in the Contract Documents, an Work at the site shall be performed during regular working hours, and the
Contractor will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without the City's
written consent given after prior written notice to the Engineer.
6.3.2. Unless otherwise specified in the Specific Conditions or Specific Provisions, the Contractor shall furnish and assume full
responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the
furnishing, performance, testing, start-up and completion of the Work.
6.3.3. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If
required by the Engineer, the Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and
quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents;
but no provision of any such instructions will be effective to assign to the Engineer, or any of the Engineer's consultants, agents or
employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of paragraph 9.1 O. I. or 9.10.2.
6.4 - 6.6 Reserved
6.7. Work Schedule:
6.7.1. The Contractor shall submit to the Engineerfor acceptance such schedule of work progress reports, estimates, records, and
other data as the City may require concerning work performed, or to be performed.
6.7.2. Prior to beginning of Work and or before the Pre-construction Conference, the Contractor shall submit schedules showing
the order in which he/she proposed to carry on the Work, including dates at which he/she will start the various parts of the Work,
estimated date of completion of each part.
6.8 Substitutes of "or-equal" Items:
6.8.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary
item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be
accepted by the engineer if sufficient information is submitted by the Contractor to allow the Engineer to determine that the material
or equipment proposed is equivalent or equal to that named. The Engineer will include the following as supplemented in the General
Requirements. Requests for review of substitute items of material and equipment will not be accepted by the Engineer from anyone
other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall
make written application to the Engineer for acceptance thereof, certil)iing 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
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prejudice the Contractors achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the
Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the City for
work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in
connection with the Wark is subject to payment of any license fee or royalty. All variations of the proposed substitute trom 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. The Engineer may require the Contractor to furnish at Contractor's expense
additional data about the proposed substitute.
6.8.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents, the Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction
acceptable to the Engineer. The procedure for review by the Engineer shall be similar to that provided in paragraph 6.8.1.
6.8.3. The Engineer will be allowed a reasonable time within which to evaluate each proposed substitute. The Engineer will be the
sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Engineer's prior written acceptance
which will be evidenced by an approved Shop Drawing. . The City may require the Contractor to furnish at the Contractor's expense
a special performance guarantee or other surety with respect to any substitute. The Engineer will record time required by the
Engineer and the Engineer's consultants in evaluating substitutions proposed by the Contractor and in making changes in the
Contract Documents occasioned thereby. Whether or not the Engineer accepts a proposed substitute, the Contractor shall reimburse
the City for the charges ofthe Engineer and the Engineer's consultants for evaluating each proposed substitute.
6.9 Subcontractors, Suppliers and Others:
6.9.1. The Contractor shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to
the City and the Engineer as indicated in paragraph 6.9.2), whether initially or as a substitute, against whom the City or the Engineer
may have reasonable objection.
6.9.2. If the Special Conditions require the identity of certain Subcontractors, Suppliers or other persons or organizations
including those who are to furnish the principal items of materials and equipment to be submitted to the City in advance of the
specified date prior to the Effective Date of the Agreement for acceptance by the City and the Engineer and if the Contractor has
submitted a list thereof in accordance with the Special Conditions, the City's or the Engineer's acceptance (either in writing or by
failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract
Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of
reasonable objection after due investigation, in which case the Contractor shall submit an acceptable substitute, the Contract Price
will be increased by the difference in the cost occasioned by such substitution and an appropriate Written Notice of Amendment
signed. No acceptance by the City or the Engineer of any such Subcontractor, Supplier or other person or organization shall
constitute a waiver of any right of the City or the Engineer to reject Defective Work.
6.9.3. The Contractor shan be fully responsible to the City and the Enginer 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 the City or the Engineer and any such Subcontractor, Supplier or other person or organization,
nor shall it create any obligation on the part of the City or the Engineer to payor to see to the payment of any moneys due any such
Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations.
6.9.4. The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in
dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.
6.9.5. All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between the
Contractor and the Subcontractor which specifically binds the Subcontractor to the Applicable terms and conditions of the Contract
Documents for the benefit of the City and the Engineer and contain waiver provisions as required by Section 5.3. The Contractor
shall pay each Subcontractor ajust share of any insurance moneys received by the Contractor on account of losses.
6.10 Subcontracting and Percentage of Work Awarded to Subcontractor(s):
6.10.1. The Contractor may utilize the services of specialty Subcontractors on those parts of the
Work, which undernorrnal contracting practices, are perfonned by specialty Subcontractors.
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6.10.2. The Contractor shall not award Work to Subcontractor(s), in excess offorty nine percent (49%) ofthe Contract Price. This
condition shall be a minimum standard for a qualified Prime Contractor to perform within the City rights of ways.
6.11 Patent Fees and Royatties:
The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance ofthe Work or the
incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights
held by others. Contractor shall indemnify and hold harmless the City and the Engineer 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.
6.12 Permits:
Unless otherwise provided in the Special Conditions, the Contractor shall obtain and pay for all construction permits and licenses.
The City shall assist the Contractor, when necessary, in obtaining such permits and licenses. The 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 Contract. The Contractor shall pay all charges of utility Citys for connections to the Work, and the
City shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees.
6.13 Laws and Regutations:
6.13.1. the Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of
the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither the City nor the Engineer shall be
responsible for monitoring the Contractor's compliance with any Laws or Regulations.
6.13.2. If the Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations, the Contractor
shall give the Engineer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated
in paragraph 3.4. If the Contractor performs any Work knowing or baving reason. to know that it is conlraJy to Laws or Regulations,
and without such notice to the Engineer, the Contractor shall bear all costs arising therefrom.
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6.14 Taxes:
The Contractor shall pay all existing and future applicable Federal, State and local sales, consumer, use and other similar taxes
whether direct or indirect. Federal excise tax may not apply to materials purchased by the City. The Contract Price shall include all
other Federal, State, andlor local direct or indirect taxes which do apply. The Contract Price shall include the cost of compliance with
all other Federal Laws and Regulations at no additional cost to the City (except as provided in the Contract Documents). The
Contractor shall not be reimbursed separately for any taxes which may apply except as provided in the Contract Documents and the
Contractor shall be responsible for all taxes wbich may apply. The City is tax exempt from Federal Excise Tax under Chapter 32 of
the Internal Revenue Code. The City is exempt from such taxes under registration numbers 98-04557-0000. The Contractor and its
Subcontractors sball apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or
Subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned
and used by the City.
6.15 Use of Premises:
6.15.1. The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers
to the Project site and land and areas identified in, and permitted by, the Contract Documents and other land and areas permitted by
Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction
equipment or other materials or equipment. The Contractor shall assume full responsibility for any damage to any such land or area,
or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should
any claim be made against the City or the Engineer by any such owner or occupant because of the performance of the Work,
Contractor shall promptly settle with such other party by agreement or otherwise resolve the claim by law. The Contractor shall, to
the fullest extent permitted by Laws and Regulations, indemnitY and hold the City and the Engineer harmless from and against all
claims, damages, losses and expenses (including, hut not limited to, fees of engineers, architects, attorneys and other professionals
and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought hy any such other party
against the City or the Engineer to the extent based on a claim arising out ofthe Conttactor's performance ofthe Work.
6.15.2. During the progress of the Work, the Contractor shall keep the premises free from accumulations of waste materials,
rubbish and other debris resulting from the Work. At the completion of the Work, the Contractor shall remove all waste materials,
rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus
materials, and shall leave the site clean and ready for occupancy by the City. The Contractor shall restore to original condition all
property not designated for alteration by the Conttact Documents.
6.15.3. The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the
structure, nor shall the Contractor subject any part ofthe Work or adjacent property to stresses or pressures that will endanger it.
6.16 Record Documents:
The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written
Amendments, Change Orders, Wark Directive Changes, Field Orders and written interpretations and clarifications in good order and
annotated to show all changes made during construction. These record documents together with all approved samples and a
counterpart of all approved Shop Drawings will be available to the Engineer for reference. Upon completion of the Work, these
record documents, samples and Shop Drawings will be delivered to the Engineer for the City.
6.17 Safety and Protection:
6.17.1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in
connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury Of loss to:
6.17.1.1. All employees on the Work and other persons and organizations who may be
affected thereby:
6.17.1.2. All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the site; and
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6.17.1.3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road-ways,
structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course
of construction.
The Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of
persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such
safety and protection. The Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement
of their property. All damage, injury or loss to any property referred to in paragraph 6.17.1.2 or 6.17.1.3 caused, directly or
indirectly, in whole or in part, by the Contractor, any Subcontractor, Supplier or any other person or organization directly or
indirectly employed by any of them to perfonn or furnish any ofthe Work or anyone for whose acts any ofthem may be liable, shall
be remedied by the Contractor. The Contractor's duties and responsibilities for the safety and protection of the Work shall continue
until such time as all the Work is completed and the Engineer has issued a notice to the City and the Contractor in accordance with
Section 14.5 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).
6.17.2. The Contractor shall designate a person competent in OSHA safety related matters at the site at all times during
construction whose duty shall be the prevention of accidents including confined space entry and work in the confined spaces.
6.18 Emergencies:
In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor,
without special instruction or authorization from the Engineer or the City, is obligated to act to prevent threatened damage, injury or
loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby. If the Engineer detennines that a change in the
Contract Documents is required because of the action taken in response to an emergency, a written order will be issued to document
the consequences of the changes or variations.
6.19 Shop Drawings and Samptes:
6.19.1. After checking and verifying all field measurements and after complying with applicable procedures specified in the
Contract Documents, the Contractor shall submit to the Engineer for review and approval in accordance with the approved schedule
of Shop Drawing submissions prior to Pre-construction Conference, or for other appropriate action if so indicated in the Special
Conditions, three (3) covies (unless otherwise specified) of all Shop Drawings, which will bear a stamp or specific written indication
that the Contractor has satisfied the Contractor's responsihilities under the Contract Documents with respect to the review of the
submission. All submissions will be identified as the Engineer may require. The data shown on the Shop Drawings will be
complete with respect to quantities, dimensions, specified perfonnance and design criteria, materials and similar data to enable the
Engineer to review the information as required.
6.19.2. The Contractor shall also submit to the Engineer for review and approval with such promptness as to cause no delay in
Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific
written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the
review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use
for which intended.
6.19.3. Before submission of each Shop Drawing or sample, the Contractor shall have detennined and verified all quantities,
dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect
thereto: and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the
requirements of the Work and the Contract Documents.
6.19.4. At the time of each submission, the Contractor shall give the Engineer specific written notice of each variation that the
Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific
notation to be made on each Shop Drawing submitted to the Engineer for review and approval of each such variation.
"c""';
6.19.5. The Engineer will review and approve with reasonable promptness Shop Drawings and samples, but the Engineer's review
and approval will be only for confonnance with the design concept of the Project and for compliance with the infonnation 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)
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or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval
of the assembly in which the item functions. The Contractor shall make corrections required by the Engineer, and shall return the
required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. The
Contractor shall direct specific attention in writing to revisions other than the corrections called for by the Engineer on previous
submittals.
6.19.6. The Engineer's review and approval of Shop Drawings or samples shaU not relieve the Contractor from responsibility for
any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer's attention
to each such variation at the time of submission as required by paragraph 6.19.4 and the Engineer has given written approval of each
such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will
any approval by the Engineer relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or from
responsibility for having complied with the provisions of paragraph 6.19.3.
6.19.7. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to the Engineer's
review and approval of the pertinent submission will be the sole expense and responsibility of the Contractor.
6.20 Mechanics'Liens:
6.20.1. The Contractor covenants and agrees that, to the extent pennitted by law, no claims or mechanics'liens against public funds
(mechanic's liens) or claims of any kind, will be permitted to arise, be filed or maintained against the Project or any part of it, any
interest in it or any improvements on it, against any moneys due or to become due from the City to the Contractor, for or on account
of any work, labor, services, materials, equipment or other items performed or furnished for or in connection with the Project, and
the Contractor for itself, its Subcontractors, laborers and material suppliers and employees does waive, release and relinquish these
claims or liens and all rights to file or maintain these liens and agrees further that this waiver of liens and waiver of the right to file or
maintain liens shall be independent covenant and shall apply also to work, labor, services performed, materials, equipment and other
items furnished under any Change Order or supplemental agreement for extra or additional work in connection with the Project. The
Contractor agrees to defend, indemnity, protect and save harmless the City from and against any and aU claims or liens and actions
brought or judgments rendered, and from and against any and aU loss, damages, liability, costs and expenses, including legal fees
and disbursements, which the City may sustain or incur in connection with the Project.
6.20.2. The Contractor also agrees as above for aU of its Subcontractors, including but not limited to suppliers and employees. If
any ofthe Contractor's Subcontractors, suppliers, employees or any other person directly or indirectly acting for, through or under its
authority or any of them files or maintains a lien or claim as described above, the Contractor agrees to cause claims or liens to be
satisfied, removed or discharged at its own expense by bond, payment or otherwise within thim (30) consecutive calendar days
from he date of the filing, nnd upon the Contractor's failure to do sc the City shan have the right, in addition to aU other rights and
remedies provided under this Contract or by law, to cause the liens or claims to be satisfied, removed or discharged by whatever
means the City chooses, at the entire cost and expense of the Contractor, the expense to include legal fees and disbursements. The
Contractor shall give a copy of Claim Release form to an Subcontractors and suppliers and shan include these provisions in an
written contracts with Subcontractors, or give written notice to all Subcontractors, suppliers or other persons having oral agreements
with the Contractor.
6.20.3. The Contractor agrees that moneys received for the performance of this Contract shaU be used first for payment due for
labor, material, and services for the Project and taxes, and the moneys shaU not be diverted to satisty obligations ofthe Contractor on
other accounts or contracts. The Contractor shall pay Subcontractors within Ten (10) consecutive calendar days of receipt of a
progress payment from the City. The Contractor shan furnish sworn affidavits in accordance with the form furnished by the City,
which shall state that amounts due or to become due, amounts paid, and any other information necessary to indicate the financial
condition of the Contractor, insofar as it relates to services, labor and material furnished, and to be furnished, under this Contract.
The City may take steps it may deem necessary to protect itself against any claims.
6.11 Continuing the Work:
The Contractor shall carry on the Work and adhere to the progress schedule during aU disputes or disagreements with the City. No
Work shan be delayed or postponed pending resolution of any disputes or disagreements, except as permitted herein or as the
Contractor and the City may otherwise agree in writing.
6.22 Contractor Facitities:
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All temporary contractor facilities shall be in accordance with regulations and codes governing such construction. The types of
temporary construction facilities required for the Project may include, but are not necessarily limited to, the following: (a) job site
office space, (b) construction water distribution, (c) temporary closures, (d) temporary heat, (e) hoists and temporary cranes, (f)
temporary roads and paving, (g) construction aids and miscellaneous facilities, (h) temporary power distribution, (i) temporary
lighting, OJ temporary toilet facilities. All operations of the Contractor, including storage of materials, upon the City's premises shall
be confined to areas authorized or approved by Owner in writing. Temporary buildings, storage sheds, shops. offices, may be erected
by the Contractor only with the written approval of the City and shall be built or provided with labor and materials furnished by the
Contractor without expense to the City. Such temporary buildings and utilities shall remain the property of the Contractor and shall
be removed by it at its expense upon completion of the Work.
ARTICLE 7 - OTHER WORK
7.1 Reta/ed Work a/Site:
7.1.1. The City may perform other work related to the Project at the site by the City's own forces, have other work performed by
utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. The Contractor shall
perlonn and coordinate hislher activities with other Contractors to avoid conflict and minimize disruptions.
7.1.2. The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the City if the
City is performing the additional work with the City's employees) proper and safe access to the site and a reasonable opportunity for
the introduction and storage of materials and equipment and the execution of such work, and shall properly COIUlect and coordinate
the Work with theirs. The Contractor shan do all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. The Contractor shan 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 the Contractor in said direct
contracts between the City and such utility owners and other contractors.
7.1.3. If any part of the Contractors Work depends for proper execution or results upon the work of any such other contractor or
utility owner (or the City), the Contractor shan inspect and promptly report to the Engineer in writing any delays, defects or
deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to
report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractors Work
except for latent or non-apparent defects and deficiencies in the other work.
7.2 Coordination:
If the City contracts with others for the performance of other work on the Project at the site, the person or organization of the
activities among the various prime contractors may be identified in the Special Conditions, and the specific matters to be covered by
such authority and responsibility may be itemized, and the extent of such authority and responsibilities may be provided, in the
Special Conditions. Unless otherwise provided in the Special Conditions, neither the City nor the Engineer shall have any authority
or responsibility in respect of such coordination.
ARTICLE 8 - CITY'S RESPONSIBILITIES
8.1. The City shall issue all communications to the Contractor through the Engineer or his/her designated person.
8.2. The City shan furnish the data required ofthe City under the Contract Documents promptly and shan make payments to the
Contractor through processing of the monthly Progress Pay Estimate forms within 30 days from the cut-off date for a pay estimate
form.
8.3. The City represents that an amount of money equal to the Contract Price has been duly appropriated in accordance with the
Municipal Code of the City of Aspen, under a purchase order. The City shan not issue any Change Order or execute a Written
Amendment requiring additional compensable work, which work causes the aggregate amount appropriated by the City, unless the
Contractor is given a written assurance that a lawful appropriations to cover the costs of the additional work shall be made.
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ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
9.1 City's Representative:
The Engineer shall be the City1s representative during the construction period. The duties and responsibilities and the limitations of
authority of the Engineer as the Cityls representative during construction are set forth in the Contract Documents and shall not be
extended without written consent of the City and the Engineer.
9.2 Visits to Site:
The Engineer shall make visits to the site at intetvals appropriate to the various stages of construction to obsetve the progress and
quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents.
The Engineer shall make on-site inspections to observe the quality or quantity of the Work. The Engineer's efforts will be directed
toward providing for the City a greater degree of confidence that the ccmpleted Work will conform to the Contract Documents. On
the basis of such visits and on-site observations, the Engineer will keep the City informed of the progress of the Work and will
endeavor to guard the City against defects and deficiencies in the Work.
9.3 Project Representation:
If the City and the Engineer agree, the Engineer will furnish a Resident Project Representative to assist the Engineer in observing the
performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and
assistants will be to ensure conformance of work with specifications provided in the Special Conditions. If the City designates
another agentlo represent the City at the site who is not the Engineer's agent or employee, the duties, responsibilities and limitations
of authority of such other person will be as provided in the Special Conditions.
9.4 Clarification and 1nterpretations:
The Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract
Documents (in the fonn of Drawings or otherwise) as the Engineer may detennine necessary, which shall be consistent with or
reasonably inferable from the overall intent of the Contract Documents. If a written clarification or interpretation justifies an
increase in the Contract Price or an extension of the Contract Time, the Contractor shall meet with the Engineer and resolve the
issue. All such requests or claims shall be submitted to the City Engineer.
9.5 Authorized Variations in Work and Minor Contract Revisions:
The City Engineer may request or authorize minor variations in the Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract
Documents. These may be accomplished by a written request or a field order and will be binding on the City, and also on the
Contractor who shall perfonn the Work involved promptly. If the Contractor believes that a field order justifies an extension of the
Contract Time and the parties are unable to agree as to the extent thereof, the Contractor may make a claim therefor as provided
herein.
9.6 Rejecting Defective Work:
The Engineer will have authority to disapprove or reject Work which the Engineer believes to be Defective, and will also have
authority to require special inspection or testing of the Work as provided herein below, whether or not the Work is fabricated,
installed or completed.
9.7. Shop Drawings, Change Orders and Payments:
9.7.1. In ccnnection with the Engineer's responsibility for Shop Drawings and samples, see paragraphs 6.19.1. through 6.20.1.
inclusive.
9.7.2. In ccnnection with the Engineer's responsibilities as to Change Orders, see Article 10 and Article II.
9.7.3. In connection with the Engineer's responsibilities in respect of request for Payment, etc., see Article 14.
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9.8 Decisions on Disputes:
9.8.1. The Engineer will be the initial interpreter nfthe requirements ofthe 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]] and ]2 in respect to changes in the Contract Price or Contract Time shall be referred initially to the Engineer in
writing with a request for a formal decision in accordance with this paragraph, which the Engineer will render in writing within a
reasonable time. Written notice of each such claim, dispute and other matter by the Contractor will be delivered to the Engineer
promptly (but in no event later than thirty days) after the occurrence ofthe event giving rise thereto, and written supporting data will
be submitted to the Engineer and the City within sixty days after such occurrence unless the Engineer allows an additional period of
time to ascertain more accurate data in support of the claim.
9.8.2. The rendering ofa decision by the Engineer pursuant to paragraph 9.8.1. with respect to any such claim, dispute or other
matter shall be a condition precedent to any exercise by the Contractor of such rights or remedies as the Contractor may otherwise
have under the Contract Documents or by Laws nr Regulations in respect of any such claim, dispute or other matter. The City shall
not be bound by any initial interpretation by the Engineer of the requirements of the Contract Documents, judgment on the
acceptability of the Work thereunder, or formal decision made by the Engineer in accordance with paragraph 9.8.1. Any dispute not
resolved by the initial decision of the Engineer shall be decided by the City, who shall reduce the decision in writing and furnish a
copy thereof to the Contractor and the Engineer. The decision of the City shall be final subject to review by the Pitkin County
District Court in Pitkin County, Colorado. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with
the performance of the Work and in accordance with the Engineer's interpretation.
9.9 Reserved
9.10 Limitations on Engineer's Responsibilities:
9.10.1. Neither the Engineer's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made
by the Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the
Engineer to the Contractor, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to
any surety for any of them.
9.10.2. Whenever in the Contract Documents the tenns ""as ordered", ""as directed", "as required", ""as allowed", ""as approved" or
tenus of like effect or import are used, or the adjectives ""reasonable", "'suitable", ""acceptable", "'proper" or ""satisfactory" or
adjectives oflike effect or import are used to describe a requirement, direction, review or judgment of the Engineer 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 tenn or adjective shall not be
effective to assign to the Engineer any duty or authority to supervise or direct the furnishing or performance of the Work or any duty
or authority to undertake responsibility contrOl)' to the Contract Documents.
ARTICLE 10 - CHANGES IN THE WORK
10.1 City Initiated Changes
10.1.1. The City may require, without notification to sureties, the Contractor to perform changes, additions or deletions to the
Work at anytime after execntion of the Contract without invalidating the Contract. Changes shall be accomplished as set forth in
Section 3.2, above.
10.1.2. The Contractor shall promptly perform changes in the Work in accordance with applicable provisions of the Contract
Documents, unless otherwise provided in a Change Order or Amendment to the Contract for Construction.
10.1.3. The following procedure shall be followed for the City notifYing the Contractor of proposed City initiated changes. The
Engineer shall issue a notice infonning the Contractor of a planned change in the Work and its scope, and requesting the
Contractor's detailed price proposal. The Contractor, at no expense to the City, shall submit a priced proposal for performing the
proposed change in the Work. The Contractor, within Ten (10) consecutive calendar davs afterreceiving the Notice of Change, or
such longer time which the Engineer in his/her discretion has granted, shall provide the Engineer with a complete and itemized
proposal which includes the estimated increase or decrease in the Contract Price andlor in the Contract Time attributable to the
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planned changes on the criteria and methods descrihed in Article 11. The Contractor shall be responsible for delays to the Work and
any additional costs incurred by the City caused by its failure to submit complete pricing information within the time provided
above. The Contractor shall participate with the City in prompt joint analysis and negotiations to finalize a Change Order, if
necessary .
10.2 Written Notice of Change
10.2.1. A Written Notice of Change may be used when:
a) The City detennines that the Contractor must proceed immediately to perfonn a change in the Work in order to
avoid an adverse impact on the schedule or other unchanged Work, and sufficient time is not available to
negotiate an adjustment to the Contract Price or Contract Time; or
b) The City and Contractor have not completed their negotiation and reached agreement on all of the tenns of a
Change Order, but the City requires the Contractor to proceed without such agreement.
10.2.2. Upon receipt of a Written Notice of Change the Contractor shall promptly proceed with perfonning the change in the
Work. Additionally, the Contractor shall comply with all the requirements of 10.3 of these General Conditions.
10.3 Change Order
When the Contractor and the City reach agreement on the adjustments to the Contract Price and/or Contract Time, such agreements
shan be promptly recorded in an executed Change Order.
10.4 Contractor Change Request
10.41. If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or
determinations from the Engineer or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or
Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Work; or, (v) hecomes aware of
any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time, the Contractor
shall give the Engineer prompt written notice of such matters in a letter or notice denominated "Contractor Change Request".
10.4.2. All Contractor Change Requests shall be dated, numbered sequentially, and shall describe the action or event which the
Contractor believes may require an extension in time or price. The Contractor shall also provide descriptions of possible Contractor
actions or solutions to minimize the cost of the Contractor Change Request and, provide an estimate of the adjustment in the
Contract Price and/or Contract Time which it believes is appropriate.
10.4.3. With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions
in the Contract Documents, a Contractor Change Request shall be submitted before the Contractor acts on them, but in no event
more than Ten (] 0) consecutive calendar davs after they were received or discovered.
10.8.4. With respect to any differing site conditions, a Contractor Change Request shan be submitted before the conditions are
disturbed, but in no event more than Ten (] 0) consecutive calendar daYs after the conditions are first discovered.
10.4.5. With respect to delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the
delay, but in no event more than Ten (] 0) consecutive calendar davs therefrom.
10.8.6. With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a
Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no
event more than Ten (] 0) consecutive calendar daYs after the Contractor becomes aware of such circumstance or matter.
10.5 Down Time:
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The Contractor may be granted time extension for down time. No other compensation of any kind shall be made to the Contractor
for down time. Equipment failure, lack of adequate labor or tools or materials to perfonn the Work shall not constitute down time.
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10.6 Submittal Requirements and Waiver of Claims
.......,..,
10.6.1. If the Contractor does not submit a Contractor Change Request within the time required above, any action by the
Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter,
including delays or differing site conditions, will not be considered by the City as a change to the Work and the Contractor waives
any claim for an adjustment on the Contract Price or the Contract Time.
10.6.2. The Contractor shall, within Ten (0) consecutive calendar davs submit in detail, a Contractor Change Request, and
provide the Engineer a complete and itemized proposal which contains the infonnation descrihed in Article II. The proposal shall
also contain a detailed explanation. citing all applicable provisions in the Contract Documents, which supports the Contractor
Change Request. If the Contractor does not submit its itemized proposal within the time described above Of within such extension
which the Engineer, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract Price or
Contract Time arising out of the act or event described in the Contract Change Request.
10.6.3. If a Contractor Change Request is denied hy the Engineer, in whole or in part, any claim for an increase in the Contract
Price or Contract Time arising out of the act or event described in the Contractor Change Request is waived unless the Contractor
timely complies with the provisions of paragraphs 1004.1. through 1004.6.
ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACf TIME
11.1 Contract Price Adjustments.
All adjustments to the Contract Price shall he detennined by using one or more of the following methods:
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11.1.1 A negotiated lump sum for work items that cannot be itemized. The Contractor shall promptly provide sufficient
substantiating data, including calculations, measurements, cost records, production rates, equipment types and capacity, labor costs
by craft and other infonnation which the City may reasonably require the Contractor to produce in order to pennit the City to
evaluate the Contractor's lump sum change order proposals. In pricing this proposal, the Contractor shall include estimates of the
type of costs described in Section 11.4 below.
~,
11.1.2 Unit prices stated in the Contract Documents or subsequently agreed upon multiplied by final verified quantities of work
performed;
11.1.3 Cost to be detennined in a manner agreed upon by the parties which includes markups that do not exceed those set forth in
Section 1104 below.
11.1.4 Costs to be detennined in the manner descrihed in Section 11.3.1.
11.] Contract Time Adjustments.
11.2.1. Any extension of the Contract Time must be requested in a Contractor Change Request which complies with aU of the
requirements of paragraphs 1004.1 through 1004.6. Failure to strictly comply with the timing and submittal requirements shall
constitute a waiver of any request or claim.
11.2.2. If the Contractor is delayed at any time in the progress of the Work and such delay was caused, in whole or in part, by the
act or omission of the City, or by changes ordered in the Work pursuant to strikes, lockouts, fire, unusual delay by common carriers,
unavoidable casualties, or any other causes heyond the Contractor's control, then the Contract Time shall be extended by the City.
Such extensions will be for a period of time as the City may in its discretion detennine, provided however that such delay could not
have been avoided by the exercise of due diligence by the Contractor and did not result from the acts or omissions of the Contractor
and, provided further, that they Contractor has taken reasonable actions to mitigate or prevent further delays resulting from such
causes.
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11.2.3. If abnonnal weather conditions are the basis for a claim for an extension of the Contract Time, such claim shall be
documented on 1he City of Aspen Engineering Department's Daily Constmction Log fonns substantiating that weather conditions
were unusually severe for the period of time, and could not have been reasonably anticipated. Regardless of actual weather
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conditions, any day in which the Contractor is able to work Sixtv Percent (60%) or more of its scheduled work force shall not he
counted as an abnormal weather day for purposes of calculating weather related time extensions.
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11.2.4. The Contractor agrees that delays resulting from any causes other than acts or omissions of the City, its employees, agents
or officials shall be considered fully compensated by a time extension only and agrees to make no claim for monetary damages for
such delays. In no event shall the Contractor be entitled to recover any delay costs caused by the acts or omissions of the Contractor,
its employees or agents.
11.2.5. If the Contractor believes that it has suffered delays in perfonning the Work that are caused by acts or omissions of the
City, the Contractor may submit a Contractor Change Request with detailed justifications acceptable to the Engineer. Failure of the
Contractor to comply with all requirements shall constitute a waiver of any claim for damages resulting from such delays.
11.3 Force Account Work.
11.3.1 In situations where the cost or time for perfonning a required change cannot be adequately defined or agreed upon but the
changed Work must proceed, the City may direct the Contractor to perfonn the Work on a Force Account basis. Adjustment shall
be detennined on the basis of reasonable expenditures and savings of those perfonning the change in the Work including, in case of
an increase in the Contract Amount, an allowance for overhead and profit which shall not exceed the allowance described in 11.4.7
below. fu such case, the Contractor shall keep and present, in such fonn as the City may prescribe, an itemized detailed accounting
together with appropriate supporting data of all of the costs described in Section 11.4.1 through Section 11.4.4 which clearly
distinguishes the cost of changed Work from base contract Work. Infonnation that shall be required on these fonns includes an
itemization of all costs for labor, materials and equipment rental and total costs to date for force account work. The Contractor shall
include hours worked, rates of pay, names and job classifications for all workers and size, type, identification number, rental rate and
hours of operation for equipment.
11.3.2 Unless otherwise provided in the Contract Documents, costs for the purposes of Force Account Work shall be itemized
daily on Daily Force Account Fonns provided by the Engineer which are signed by the Contractor and the Engineer. Such costs
shall fonn the basis for detennining the maximum amount to be paid the Contractor, but this amount may be reduced where
necessary to take into account the cost of base contract Work, Work included in approved Change Orders, Work described in Work
Directive Changes, idle time for workers and/or equipment when work could have been performed in other locations or the number
of workers or amount of equipment provided exceeds the number or amount required to perfonn the Work, unsatisfactory Work or
Work which may be perfonned concurrently with the changed Work and which cannot be easily segregated from the changed Work.
The worker hours, equipment hours, and materials installed shall be logged on the City of Aspen Engineering Department's Daily
Construction Log fonn for every day the work is perfonned.
11.4 Contract Sum Determination
11.4 In no event shall the charge or credit to the City associated with any change exceed the sum of the following:
11.4.1 Direct Labor. Actual net direct increase or decrease in the cost of the Contractor's labor for all work associated with the
change. Contractor's labor shall be limited to Davis-Bacon Act work categories or other labor (including salaried field personnel)
that perfonn the individual change in Work full-time. For shop work, the direct labor includes workers who work directly on the
item being manufactured or operators of equipment being used to handle items being manufactured.
11.4.2 Labor Burden. Contractor's actual costs for workers compensation and liability insurance, payroll taxes, social security and
employees fringe benefits (including employer paid health insurance) imposed on the basis of payrolls. This burden must reflect the
variability of some burdens, i.e., social security. The burden shall include all small tools which cost less than $200 apiece.
11.4.3 Direct Material. Suonlies. fustalled Eauinment. Actual net direct cost of materials, supplies and equipment incorporated in
or consumed by the Work. If actual costs are not available, the cost shall be the lowest commercially available price including all
discounts and rebates and all applicable taxes. Cost shall be based on buying the material, supplies and equipment in the largest
practical quantity to receive quantity discounts.
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11.4.4 EQuioment. Actual net cost to the Contractor of owned andlor rented equipment other than small tools, to be detennined
using the following methodes):
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(1) Owned equipment operating costs shall be detennined using accepted industry standard fonns and
methods for "Owning and Operating Equipment" as described by the U.S. Anny Corps of Engineers (COE) in its
latest edition of the "Construction Equipment Ownership and Operating Expense Schedule, Region V"
(Document No. EP 1]]0-1-8, Volume 5).
(2) Rental equipment costs shall be detennined using actual invoiced rates less all discounts for bare
equipment rental. Operating costs will be detennined based on rates in the above-cited C.O.E. manual.
(3) Mobilization/demobilization costs will be paid if the equipment is mobilized exclusively for Work
described in a change requested by the Engineer or a Change Order. If the equipment is used on base contract
work, no mobilization or demobilization cost will be paid. Mobilization/demobilization cost will be based on
using the least expensive means to mobilize or demobilize. Equipment shall be obtained from the nearest
available source. When the least expensive methods are used, then costs shown in the acwal invoice will be the
basis for pricing.
11.4.5 Bonds. Insurance. Pennits and Taxes. Actual increases or decreases in the cost of premiums for all bonds and insurance,
permit fees, and sales, use or similar taxes related to the Wark.
11.4.6 Subcontract Costs. Net cost of subcontractor work at any tier, provided that the cost of the subcontractor is detennined in
accordance with the above requirements. When possible, the Contractor shall obtain quotes from two or more subcontractors.
11.4.7 Overhead and Profit.
(1) Ten percent (10%) ofthe sum of Section ]].4.1 through Section ]].4.5 above, to cover a profit for Work
perfonned by that Contractor or subcontractor.
(2) Two percent (2%) of Section 11.4.6 above to cover Contractor's and subcontractor's overhead and profit
for work perfonned by the Contractor or subcontractor.
(3) Neither the Contractor nor any subcontractor, nor the City in the case of a credit, will attempt to apply
these percentage adjustments in a way which would pyramid either the cost or credit because a subcontractor or
subcontractors at any tier are involved.
11.4.8 Totals as EQuitable Adiustment. The Contractor agrees that the total of the above constitutes an equitable adjustment for
any and all damages resulting from a change or due to delay or disruption caused by the City. The Contractor's choice of idling and
Down Time shall not constitute an Citv's cause for delay or disruption.
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11.5 Cost and Pricing Data
"".,..
11.5.1 Certificate of Current Cost or Pricinl! Data. The Contractor shall submit a Certificate of Current Cost or Pricing Data with
any agreed upon Contract Price adjustment, but prior to the execution of a Change Order for the work, in the following format:
Certificate of Current Cost and Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost of pricing data
submitted in writing to the City in support of * are accurate,
complete, and current as of .. and
represent the best prices available from suppliers and subcontractors. This
certification includes the cost of pricing data supporting any advance agreements and
forward pricing rate agreements between the offer or and the City that are part of the
proposal.
Firm
Name
Title
Date
. Identify the appropriate number of the Change Notice.
.. Date when pricing negotiations were concluded and price agreement
reached.
was
... Date of signing, which should be as close as practicable to the date
price negotiations were concluded and price agreement reached.
when the
11.5.2 Vendor Statements. The Contractor shall submit in support of all items which are not unit prices or lump sum prices
established by the Contrac~ statements by the affected vendors that the prices are not in excess of those previously charged to the
City or the supplier's regular commercial customers for the same items.
11.5.3 Price Reductions for Defective Costs or PricinQ Data. If it is later determined that pricing adjustments to the Contract were
not correct due to incomplete or inaccurate pricing data by the Contractor or any subcontractor or supplier or that lower prices were
readily available, the price shall be reduced accordingly and the Contract modified by a Change Order.
11.6 Variation in Quantiry of Unit Priced Items:
Where the quantity of a unit-priced item in this Contract is an estimated quantity and the actual quantity ofthe unit-priced item varies
more than 25 vercent above or below the estimated quantity, an equitable adjustment in the Contract Price may be made by a written
Change approved by the Contractor and the Engineer. The equitable adjustment shall be based upon any increase or decrease in cost
due solely to the variation above 125 percent or below 75 percent ofthe estimated quantity. The City at any time after the award of
the Contract, may delete Bid items, provided that the total of such deletions does not exceed twentv five vercent (25%) of the total
Contract Price, and such deletions wi1l not justify an increase in other Bid prices. If the quantity variation is such as to cause an
increase in the time necessary for completing the Work the Contractor may request in writing, an extension of time only.
ARTICLE 12 - Reserved
ARTICLE 13 _ WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1 Warranry:.
13.1.1. The Contractor warrants and guarantees to City that all Work, whether supplied, furnished, installed, provided, or performed
by Contractor, a Subcontractor, or Supplier, will be in accordance with the Contract Documents and will not be Defective. All
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Defective Work, whether or not in place, must be rejected, corrected or accepted as provided in this Article 13. Work shall be
performed in a skillful and workmanlike manner. Except where longer periods of warranty are indicated for certain items, Contractor
warrants Work, whether furnished, installed, provided, perfonned or supplied by Contractor, a Subcontractor or Supplier, to be free
from faulty materials and workmanship for a period of not less than One Year from date of Substantial Completion, which One
Year period shall be covered by the Maintenance Bond and Payment Bond as specified in the Contract Documents. Landscaping
replacement shall be warranted for two growing seasons.
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13.1.2. The Contractor, at no additional expense to the City, shall remedy damage to equipment, the site, or the buildings or the
contents thereof that is the result of any failure or defect in the Work, and restore any work damaged in fulfilling the requirements of
the Contract Documents.
13.1.3. With respect to all warranties, express or implied, from Subcontractors, manufacturers, or Suppliers for Work performed and
materials furnished under the Agreement, the Contractor shall:
13.1.3.1. Obtain all warranties that would be given in normal commercial practice. To the extent that the Subcontractor's,
manufacturer's, or Supplier's, standard warranty exceeds the minimum City requirements as set forth in
this Article or elsewhere in the Contract Documents, the Subcontractor's, manufacturer's, or Supplier's
standard warranty shall apply. Otherwise, the Contractor shall be responsible for a Two Year term under
the Maintenance Bond.
13.1.3.2. Require all warranties to be executed, in writing, for the benefit ofthe City, if directed by the Engineer or.
13.1.3.3. Enforce all warranties for the benefit of the City, if directed by the Engineer.
13.1.3.4. Assign all warranties and guarantees in writing to the City upon the request of the City.
13.1.4. Notwithstanding anything to the contrary above, the Contractor shall warrant that all equipment which are incorporated into
the Work or any subsystem shall be new, free from liens and defects in design, have clear title, be free from faulty materials and
workmanship, and shall conform in all aspects to the tenns of the Contract Documents, to the drawings issued for manufacture by
the Contractor, and shall be in confonnance with the Technical Specifications and Contractor's Proposal (except in those instances
where the Contractor's Proposal has been amended by subsequent Technical Specifications). Unless the warranty period is otherwise
extended or modified, the following warranty shall apply. If within Five (5) Years from the date each piece of equipment
incorporated into the Work or any subsystem is accepted by the City, it appears that the equipment or any part thereof does not
confonn to the above warranty and guarantee provisions, and the City so notifies the Contractor within a reasonable time after its
discovery, the Contractor shall thereupon promptly correct such nonconfonnity to the satisfaction ofthe City, at the Contractor's sole
expense; failing which the City may reject the item and cover by purchasing substitute items or the City may proceed to make
corrections or accomplish the Contractor's performance by the most expeditious means available. the cost of cover or correction shall
be charged to the Contractor.
13.1.4.1. The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such
equipment shall confonn with the requirements ofthe Contract Documents.
13.1.4.2. When return, corrections, or replacement is required, transportation charges and responsibility for the supplies and
equipment while in transit shall be borne by the Contractor.
13.1.5. In addition to the foregoing, in the event that any single component in the Work experiences failures during the warranty
period such that the number of failures under nonnal service conditions exceeds ten percent (10%) of the Work population of that
component, the Contractor shall perform a design defects analysis. Ifthe analysis shows the component design to be defective, the
component shall be redesigned, and the entire population ofthat component shall be replaced and/or retrofitted.
13.1.6. Whenever there is a conflict between the warranties required by the Contract Documents and the warranty provided by a
Subcontractor, manufacturer or Supplier, the tenns and conditions of the warranty that affords the City the greatest protection shall
be binding upon the Contractor.
,-.
13.1.7. The above warranties or other warranties agreed to by Contractor shall not limit the City's rights under other provisions of
this Article with respect to latent defects, gross mistakes, or fraud.
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13.1.8. Neither the foregoing nor any provision in the Contract Documents, nor any special guarantee time limit, shall be held to
limit the Contractor's liability for defects, to less than the legal limit of liability in accordance with the law of the place of building.
....,
13.1.9. Any supplies or equipment, or parts thereof, corrected or furnished in replacement under this Article, shall also be subject to
the terms of the warranty provisions herein to the same extent as supplies and equipment initially delivered. The warranty, with
respect to supplies, equipmen~ or parts thereof, shall be equal in duration as if initially delivered and shall run from the date of
delivery ofthe corrected or replaced supply, or upon the date it is placed in service, whichever is later.
13.2 Access 10 Work:
The Engineer and the Engineer's representatives, other representatives of the City, testing agencies and governmental agencies with
jurisdictional interests shall have access to the Work, at any time for their observation, inspecting and testing. Contractor shall
provide proper and safe conditions for such access.
13.3 Tests and Inspections:
13.3.1. The Contractor shall cooperate with material testing persons and firms, and for required inspections, and compliance and
approval tests for the Work performed by the Contractor or hislher Subcontractor(s).
13.3 .2. If Laws or Regulations of any public body having jurisdiction require any W ork (or part thereof) to specifically be
inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and
furnish the Engineer the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall
pay all costs in connection with any inspection or Re-testing required in connection with the City's or the Engineer's acceptance of a
Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval
prior to The Contractor's purchase thereof for incorporation in the Work. The cost of all inspections, testing, re-testing and approvals
in addition to the above that are required by the Contract Documents shall be paid by the Contractor (unless otherwise specified).
The City will conduct and pay for the conformance tests on materials installed in-place, and the Contractor shall pay for re-testing of
all failing and non-conforming materials thereafter.
13.3.3. All inspections, tests or approvals other than those required by Laws or Regulations ofany public body having jurisdiction
shall be perfonned by professional finns or certified materials laboratories acceptable to the Engineer.
13.3.4. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written
concurrence of the Engineer, it must, be uncovered for observation. Such uncovering and testing when required by the Engineer
shall be at the Contractor's expense.
13.3.5. Neither observations by the Engineer nor inspections, tests or approvals by others shall relieve the Contractor from the
Contractor's obligations to perform the Work in accordance with the Contract Documents.
13.4 Uncovering Work:
13.4.1. If any Work is covered contrary to the written request of the Engineerit must, if requested by the Engineer, be uncovered
for the Engineer's observation and replaced at the Contractor's expense.
13.4.2. If the Engineer considers it necessary or advisable that covered Work be observed by the Engineer or inspected or tested by
others, the Contractor, at the Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or
testing as 1he Engineer may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If
it is found that such Work is Defective, the Contractor shall bear all direct; indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals), and the City shall be entitled to an appropriate decrease in the Contract
Price.
13.5 City May Slop The Work:
,~,"",
If the Work is defective, or the Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to
furnish or perfonn the Work in such a way that the completed Work will confonn to the Contract Documents, the City may order the
Contractor to stop the Work, or any portion thereof, until the ~ause for such order has been eliminated; however, this right of the
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City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or
any other party.
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13.6 Correction or Removal of Defective Wark:
If required by the Engineer or the City, the Contractor shall promptly, as directed, either correct all Defective Work, whether or not
fabricated, installed or completed, or, ifthe Work has been rejected by the Engineer or the City, remove it from the site and replace it
with non-defective Work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal
(including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby.
13.7 Correction Period:
If within Two Yeors after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or
Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be Defective, the Contractor shall promptly without cost to City and in accordance
with City's written instructions, either correct such Defective Work, or, if it has been rejected by City, remove it from the site and
replace it with non-defective Work. If the Contractor does not promptly comply with the terms of such instructions, or in an
emergency where delay would cause serious risk ofloss or damage, the City may have the Defective Work corrected or the rejected
Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not
limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the Contractor. In special
circumstances where a particular item of equipment or portion of Work is placed in continuous service before Substantial
Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the
Specifications or by Written Amendment. Landscaping replacement shall be wananted for two growing season.
13.8 Acceptance of Difective Work:
If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, the City may do so.
The Contractor shall bear all direct, indirect and consequential costs attributable to the City's evaluation of and determination to
accept such Defective Work. All accepted defective Work shall be subject to significant price reduction acceptable to the City and
the City Engineer.
13.9 City May Correct Defective Work:
If the Contractor fails within Ten (J 01 consecutive calendar days after written notice of the Engineer or the City to proceed to correct
and to correct Defective Work or to remove and replace rejected Work as required by the Engineer or the City in accordance with
paragraph 13.6., or if the Contractor fails to perform the Work in accordance with the Contract Documents, or if the Contractor fails
to comply with any other provision of the Contract Documents, the City may, after seven days' written notice to the Contractor,
correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the City shall proceed
expeditiously to the extent necessary to complete corrective and remedial action. The City may exclude the Contractor from all or
part of the site, take possession of all or part of the Work, and suspend the Contractors services related thereto, take possession of
the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and
equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere. The Contractor shall allow
the City, the City's representatives, agents and employees such access to the site as may be necessary to enable the City to exercise
the rights and remedies under this paragraph. All direct, indirect and consequential costs of the City in exercising such rights and
remedies will be charged against the Contractor, and a Change Order will be issued by the City incorporating the necessary revisions
in the Contract Price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or
damaged by correction, removal or replacement of the Contractor's Defective Work. The Contractor shall not be allowed an
extension ofthe Contract Time because of any delay in performance of the Work attributable to the exercise by the City ofthe City's
rights and remedies hereunder.
13.10 Unauthorized Work:
"..""
Work performed beyond the lines and grades on the Drawings or approved Design Documents, Construction Documents or Shop
Drawings and extra work done without written authorization, will be considered as unauthorized work, and the Contractor will
receive no compensation therefore. If required by the City, unauthorized work will be remedied, removed, or replaced by the
Contractor at the Contractors expense.
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ARTICLE 14 _ PAYMENTS TO CONTRACfOR AND COMPLETION
14.1 Determination of Work Vatue:
The Work quantities recorded on the City of Aspen Engineering Department's Daily Construction Log forms shall serve as the basis
for preparation and justification of the progress payments. Payments to tbe Contractor shall be prepared on the City of Aspen
Engineering Department's Progress Pay Estimate Form on account of Unit Price Work based on the number of units actually
installed complete in place and transferred from the Daily Construction Logs.
14.2 Appticotion for Progress Payment:
]4.2.1. Progress payments shall be made once eacb month as the Work progresses, when tbe Contractor is performing
satisfactorily under the terms of the Contract Documents. Said payments shall be based upon progress estimates prepared by the
Engineer, of the value of work performed and materials placed in accordance with the Contract Documents and the value of
materials on hand in accordance with these General Conditions. The amount of the progress estimate to be paid to the Contractor
shall be subject to the following:
]4.2.1.1 STANDARD RETA1NMENT, The City shall make a deduction from the progress estimate in the amount
considered necessary to protect the interests of the City, pursuant to Section 24-9] - ]03, CRS. That amount to be retained shall be as
follows: (a) for contract price of less than $50,000 the retained amount shall be 10% of the value of the completed work; (b) for
contract price between $50,000 to $],000,000.00 the retained amount shall be 7% of the value of the completed work; and, (c) for
contract price over $1,000,000.00 the retained amount shall be 5% of the value of the completed work. No further retaimnent shall
be withheld if the Contractor makes satisfactory progress in the Contract Work. The amount retained shall be in effect until such
time as final payment is made, with the following exceptions:
a) When one hundred Percent (]OO%) of the Work has been complete, the Engineer may,at his/her discretion, reduce the
retained amount by fifty percent (50%) of the required retainage.
b) Upon one hundred percent (100%) completion and acceptance of the project, the Engineer may reduce the retainment to
fifty percent of the required retainage. In addition to standard retainment, the City shall withhold funds for claims against
the Contractor filed by Subcontractors and Suppliers, pursuant to Section 38-26-107, CRS.
]42.2. NO PAYMENT. A progress payment shall not be made when the total value of the work
done since the last estimate amounts is less than $500.00.
]42.3. LUMP SUM ]TEMS. All lump sum Bid items shall be paid on a pro-rata basis determined by the percentage of the total
Work completed or if the Bid item is installed or completed One Hundred Percent (JOO%) in place and accepted by the Engineer.
]42.4. SUBCONTRACTOR PAYMENTS. In addition to the other requirements regarding subcontracting the Work, the
Contractor is responsible for prompt payments to all Subcontractors. As a minimum, the Contractor is responsible for prompt
payments to all Subcontractors. As a minimum, the Contractor shall incorporate provisions in all subcontracts to satisfy the
following requirements:
14.2.4.1. The Contractor shall make payments to all Subcontractors at least once each month as the Work progresses,
when the Subcontractor is performing satisfactorily under the terms of the Contract Documents between the Contractor and
Subcontractor;
14.2.4.2. Payments to Subcontractors shall be based on all moneys due the Subcontractor under the terms of the contract
between the Contractor and Subcontractor;
The Contractor shall make payments to Subcontractors within ]0 days of receipt of the City's payment to the Contractor;
............
Subcontractors and lower tier subcontractors shall make payments to their subcontractors, according to the requirements
above and shall make payments within ]0 days of receipt of payment from the next higher tier.
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14.3 Contractor's WorranlY ofTilte:
The Contractor warrants and guarantees that title to an Work, materials and equipment covered by any progress pay estimate
approved for Payment, whether incorporated in the Project or not, will pass to the City no later than the time of payment free and
clear of all Liens.
14.4 Engineer's Review o/Progress Payments.
14.4.1. The Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation
by the Engineer to the City, based on the Engineer's on-site observations of the Work in progress and on the Engineer's review of
the pay estimate form and the accompanying data and schedules that the Work has progressed to the point indicated; that to the best
of the Engineer's knowledge, information and belief, the quality ofthe Work is in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests
called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work in the Bid
Proposal form, and to any other qualifications stated in the recommendation): and that the Contractor is entitled to payment of the
amount recommended. However, by recommending any such payment the Engineer will not thereby be deemed to have represented
that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to the Engineer in the Contract Documents or that there may not be other matters or issues
between the parties that might entitle the Contractor to be paid additionally by the City or the City to withhold payment to
Contractor.
14.4.2. The Engineer may refuse to recommend the whole or any part of any payment if, in the Engineer's opinion, it would be
incorrect to make such representations to the City. The Engineer may also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously
recommended, to such extent as may be necessary in the Engineer's opinion to protect the City from loss because:
14.4.2.1. The Work is Defective, or completed Work has been damaged requiring
correction or replacement;
14.4.2.2. The Contract Price has been reduced by Written Amendment or Change Order;
14.4.2.3. The City has been required to correct Defective Work or complete Work in
accordance with paragraph 13.9.; or,
14.4.2.4. Ofthe Engineer's actual knowledge ofthe occurrence ofany of the events
enumerated in Article 15.
The City may refuse to make payment of the full amount recommended by the Engineer because claims have been made against the
City on account of the ContractOl's performance or fumishing of the Work or Liens have been filed in connection with the Work or
there are other items entitling the City to a set-off against the amount recommended, but the City must give the Contractor immediate
written notice (with a copy to the Engineer) stating the reasons for such action.
14.5 Substantial Completion:
14.5.1. The date accepted by the City when the construction of all Work items in the project or a specified part thereof is One
hundred vercent (] 00%) completed, in accordance with the Contract Documents, so that the project or specified part can be utilized
for the purpose for which it is intended shall estahlish substantial completion for the project or for a specified part.
,
14.5.2. When the Contractor considers the entire Work ready for its intended use, the Contractor shall coordinate with the City an
inspection of the Work and conduct such tests as required to ensure the Work meets or exceeds an Performance Standards to help
determine the status of completion. If the City does not consider the Work satisfactorily complete, the Engineer shall notifY the
Contractor in writing giving the reasons therefore. There shall be a Punch List of the items to be completed before final inspection
and fmal payment At the time of delivery of the completed punch list items, the City must conduct a fmal inspection and upon
acceptance by the City, the Contractor shall deliver a fully executed Claim Release form to facilitate the project closure.
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14.6 Partial Utitization:
Use by the City of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the
City, the Engineer and the Contractor agree constitutes a separately functioning and useable part of the Work that can be used by the
City without significant interference with the Contractors perfonnance of the remainder of the Work, may be accomplished prior to
Final Completion of all the Work subject to the following:
14.6.1. The City at any time may request the Contractor in writing to pennit the City to use any such part of the Work which the
City believes to be ready for its intended use and substantially complete. If the Contractor agrees, the Contractor will certify to the
City and the City Engineer that said part ofthe Work is substantially complete.
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14.7 FinalInspections:
........
Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete, the City will make a final
inspection with the Engineer and the Contractor and will notify the Contractor in writing of all particulars in which this inspection
reveals that the Work is incomplete or Defective. The Contractor shall immediately take such measures as are necessaty to remove
and eliminate all such deficiencies. All deficiencies or incomplete Work items shall be recorded by the City Project Inspector on a
Punch List Sheet(s) and distributed to the Contractor and the Engineer immediately.
14.8 Finat Progress Payment:
14.8.1. After the Contractor has completed all such corrections to the satisfaction of the City and delivered all maintenance and
operating instructions, schedules, guarantees, as-built documentation (as provided in paragraph 6.12) and other documents - all as
required by the Contract Documents, and after the City has indicated that the Work is acceptable, the Contractor shall deliver to the
Engineer a fully executed and notarized Claim Release Form and the City Engineering Department will advertise for project closure
and release of the final retaironent. The final pay estimate will consist of retaironent amount only. Final payment will be released
following a thirty (30) day waiting period from the date of the second publication of the advertisement for final settlement and
closure if no verified claim has beeo filed with the City.
14.9 Settlement Date, Notice to Subcontractors, Acceptance and Finat Payment:
If, on the basis of the Engineer's observation of the Wark during construction and final inspection, and the Engineer's review of the
final progress Payment and acccmpanying documentation - all as required by the Contract Documents, the Engineer represents to the
City that the Work has been completed and the City is satisfied that the Work has been completed and the Contractor's other
obligations under the Contract Documents have been fulfilled, the City shall cause to be published on two (2) consecutive weeks in
the weekly editions of the Aspen Times, a public notice setting a final settlement date; which said settlement date shall be at least ten
(10) days after the second publication. Said notice shall advise all persons, co-partnerships, associations of persons, companies, or
corporations that have furnished labor, provisions, materials, team hire, sustenance, or other supplies used or consumed by
Contractor or his subcontractor(s), that they may file a claim with the City, at any time up to and including the time of final
settlement. Upon filing of any such claim, the City shall withhold from retaironent withheld in accordance with the Contract
Documents, to insure the payment of said claims until the same have been paid or such claims as filed have been withdrawn, such
payment or withdrawal to be evidenced by filing with City a receipt in full or an order for withdrawal in writing and signed by the
person filing such claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than Ninetv Davs
following the date fixed for final settlement as published unless an action is commenced within that lime to enforce such unpaid
claim and a notice of Lis Pendens is filed with the City. At the expiration of such ninety day period, the City shall pay to Contractor
such moneys and funds as are not subject of suit and Lis Pendens notices and shall retain thereafter, subject to the final outcome
thereof, only such balance of funds to insure the payment of judgments which may result from such suit.
14.8.2. If, the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage set
forth at paragraph 14.2., and if Bonds have been furnished as required in Article 5, the written consent of the surety to the payment
of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Engineer.
Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of
claims.
14.10 Contractor's Cantinuing Obligation:
The Contracto~s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.
Neither recommendation of any progress or final payment by the Engineer, nor the issuance of a certificate of Substantial
Completion, nor any payment by the City to the Contractor under the Contract Documents, nor any act of acceptance by the City nor
any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of
acceptability by the Engineer pursuant to paragraph 14.9, nor any ccrrection of Defective Work by the City will constitute an
acceptance of Work not in accordance with the Contract Documents or a release of the Contractor's obligation to perform the Work
in accordance with the Contract Documents.
14.11 Liquidated Damages:
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14.11.1. TIME FOR COMPLETION: It is hereby understood and mutually agreed, by and between the Contractor and the City, that
the date of beginning Work and the time of completion as specified herein are essential conditions of the Agreement The Contractor
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agrees that said Work shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the
timeCs) specified. It is expressly understood and agreed, by and between the Contractor and the City, that the timeCs) for completion
of the Work described herein are reasonable time(s) for the completion of the Work, taking into consideration the average climatic
conditions prevailing in the locality ofthe Work.
14.11.2. TIME IS OF THE ESSENCE TO THE AGREEMENT: It is further agreed that time is of the essence in completing the
Work, and that the Project Work Schedule referenced at paragraph 6.9. and the Submittal Schedule referenced at paragraph 6.3. and
all dates set forth therein and where in the Contract Documents, an additional time is allowed for the completion of the Work, the
new time limit fixed by such extension shall be of the essence of the Contract.
14.11.3. LIQUIDATED DAMAGES: Substantial Completion of the Construction Phase are of paramount importance to the City. If
any portion of the Work is not completed in accordance with any time extensions granted by the City, the City will suffer damage,
the extent of which will be impractical and extremely difficult to estimate accurately. Therefore, as part of the consideration for
executing the Contract, it is hereby agreed that the Contractor shall pay to the City the amounts specified in the Liquidated Dama!!es
Form included in the Contract Documents. This particular provision shall not be construed as a penalty upon said Contractor for
failing fully to complete said Work as agreed in the Proposal and Contract Documents nor is it intended, but as Liquidated Damages
to compensate the City for all costs incurred as a result of such breach of Contract.
14.11.4. DELAYS IN WORK COMPLETION OF CONSTRUCTION PHASE: Subject to the terms of "Excusable Delays", as
contained in Section 14.11.6. of the General Conditions, the Contractor expressly agrees to pay the City as a reasonable estimate of
just compensation for damages contemplated with the clause, the amount set forth in the Liquidated Damages Form for each
consecutive calendar day that Substantial Completion is delayed in the Construction of the project. In no event shall the total amount
ofliquidated damages exceed Twentv Percent (20%) ofthe total Contract Price for the Construction.
14.11.5. DELAYS IN SUBMITTAl. OF AS-BUILT DOCUMENTATION: Should the Contractor fail to make delivery of the as-
built documentation covered in the Contract Documents prior to release of the fmal payment, it shall pay liquidated damages to the
City the amounts equal to preparation cost ofthe As-Built drawings by the City and its Engineers and Surveyors.
14.11.6. EXCUSABLE DELAYS _ FORCE MAJEURE: If, by reason of Force Majeure, any party hereto shall be rendered unable
wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of such Force
Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation
of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the
liability then claimed, but for no longer period, and any such party shall remove or overcome such inability with all reasonable
dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts
of public enemy, orders ofony kind of the Government of the United States or the State of Colorado or any political subdivision,
except the City, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fITes, hurricanes,
stanns, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents
to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming such inability. It is
understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the
difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by acceding to the demands ofthe opposing party or parties when such settlement is unfavorable to
it in the judgment ofthe party having the difficulty.
14.11.7. CUMULATIVE REMEDY: The liquidated damages referred to herein are intended to be and are cumulative and shall be
in addition to every other remedy now or hereafter enforceable at law. in equity, by statute, or under contract.
ARTICLE 15 _ SUSPENSION OF WORK AND TERMINATION
15.1 City May Suspend Work:
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The City may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by
notice in writing to the Contractor and will fIx the date on which work will be resumed. The Contractor shall resume the Work on
the date so fixed. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both if
the Consecutive Caiendar Davs are used to complete the Work, directly attributable to any suspension if the Contractor makes an
approved claim therefor as provided in Article II. Other Work suspensions such as delayed start or phased construction shall not
entitle the Contractor to any compensation of payment or time.
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15.2 City May Terminate:
Upon the occurrence of anyone or moreofthe following events:
15.2.1. If the Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States
Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise
under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; .
15.2.2. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at
the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other
federal or state law in effect at the time relating to bankruptcy or insolvency;
15.2.3. Ifthe Contractor makes a general assignment for the benefit of creditors;
15.2.4. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under contract, whose
appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such
property or for the purpose of general administration of such property for the benefit of Contractor's creditors;
15.2.5. If the Contractor admits in writing an inability to pay its debts generally as they become due;
15.2.6. If the Contractor persistently fails to perform the Work in accordance with the Contract Documents (including but
not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the
progress schedule established under paragraph 2.9 as revised from time to time);
15.2.7. If the Contractor disregards Laws or Regulations of any public body having jurisdiction;
15.2.8. If the Contractor disregards the authority of Architect; or,
15.2.9. Ifthe Contractor otherwise violates in any substantial way any provisions ofthe Contract Documents:
The City may, after giving the Contractor (and the surety, ifthere be one) seven days written notice and to the extent permitted by
Laws and Regulations, tenninate the services of Contractor, exclude the Contractor from the site and take possession of the Work
and of all the Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they
could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in the Work all materials
and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere, and finish the Work as
the City may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work
(including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration
costs) such excess will be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor shan pay the difference to
the City. Such costs incurred by the City will be approved as to reasonableness by the Engineer and incorporated in a Change Order,
but when exercising any rights or remedies under this paragraph the City shall not be required to obtain the lowest price for the
Work perfonned.
15.2.10. Where the Contractor's services have been so tenninated by the City, the termination will not affect any rights or remedies
of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the
Contractor by the City will not release the Contractor from liability.
15.2.11. Upon seven days' written notice to the Contractor, the City may, without cause and without prejudice to any other right or
remedy, elect to abandon the Work and terminate the Contract. In such case, the Contractor shall be paid for all Work executed and
any expense sustained plus reasonable termination expenses.
15.3 Contractor May Stop Work or Terminate:
"."....
If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety days by the City or under an
order of court or other public authority, then the Contractor may, upon seven days written notice to the City and the Engineer,
tenninate the Contract and recover from the City payment for all Work executed and installed in place and any expense sustained
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plus reasonable tennination expenses. The provisions of this paragraph shall not relieve the Contractor of the obligations under
Article 6 to carry on the Wark in accordance with the progress schedule and without delay during disputes and disagreements with
the City.
ARTICLE 16 - MISCELLANEOUS
16.1 Nondiscrimination
During the perfonnance ofthis Contract, the Contractor agrees as follows:
16.1.1. The Contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet
Nam era veteran. The Contractor will take affrrmative action to insure that applicants are employed, and that employees are treated
during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a
disadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other
fonns of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
16.1.2. The Contractor, with regard to the Work perfoDDed by it during the Contract, shall not discriminate on the
grounds of race, color, religion, sex, national origin, sexual orientation, age, marital statUs, being handicapped, a disadvantaged
person, or a disabled or Viet Nam era veteran in the selection and retention of Subcontractors, including procurements of materials
and leases of equipment.
16.1.3. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national
origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran.
16.1.4. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be perfoDDed
under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or Supplier shall be
notified by the Contractor of the subcontractor's obligations under this Contract and the regulations relative to nondiscrimination on
the grounds of race, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged
person, or a disabled or Viet Nam era veteran.
16.1.5. The Contractor will send to each labor union or representative of workers, with which it has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
16.2 Giving Notice:
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 frrm or to an officer of the corporation for whom it is intended, or
if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.
16.3 Computution of Time:
16.3.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and
include the last day of such period. Ifthe last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will be omitted from the computation.
16.3.2. A consecutive calendar day of twenty-four hours measured from midnight to the next midnigbt shall constitute a day. A
working day is any day; Monday through Friday of each week, also called business day.
16.4 General:
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Should the City or the Contractor suffer injury or damage to person or property because of any error, omission or act of the other
party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in
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writing to the other party within a reasonable time ofthe first observance of such injury or damage. The provisions ofthis paragraph
shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose.
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16.4.1. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the
parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the Contractor by
the General Conditions, and all of the rights and remedies available to the City thereunder, are in addition to, and are not to be
construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or
available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the
provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each
particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the
Contract Documents will survive final payment and termination or completion of the Agreement.
16.5 Independent Contractor Status:
It is expressly acknowledged and understood by the parties that nothing in this agreement shall result in, or be construed as
establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrces to
use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be
deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract
Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits
provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance,
are available from the City to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely
responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of
the Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS'
COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON
ANY MONEYS EARNED PURSUANT TO THE CONTRAcr.
16.6 Prohibited Interest:
No member, officer, or employee of the City of Aspen, Pitkin County or the Town of Snowmass Village shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof.
16. 7 Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest:
The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage, or contingency fee. excepting bona fide employees or bona
fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business.
16.7.1. The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in
connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing,
or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter, pertaining to this Contract or to any solicitation or proposal therefor.
16.7.2. It shall be a material breach ofthe Contract for any payment, gratuity, or offer of employment to be made by or on behalf of
a Subcontractor under a contract to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an
inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person
employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall
comply with an applicable local, state and federal "anti-kickback" statutes or regulations.
16.8 Payments Subject to Annual Appropriations:
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If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any
amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any
contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor,
if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide
services or materials for which funds have not been appropriated.
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16.9 Contractor Acceptance:
16.9.1. The acceptance by the Contractor of any payment made on the final completion of Work under these General Conditions, or
of any final payment due on tennination , shall constitute a full and complete release of the City from any and all claims, demands
and causes of action whatsoever which the Contractor, has or may have against the City under the provisions of these Contract
Documents.
16.9.2. No action shall be maintained by Contractor, its successors or assigns, against the City or the Engineer on any claims based
upon or arising out of this Contract or out of anything done in connection with this Contract unless such action shall be commenced
within 180 days after the date approval of the final progress payment hereunder, or within 180 days of the tennination of this
Agreement.
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] 6.1 0 Successors and Assigns
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This Contract and all of the covenants hereof shall inure to the benefit of and be bidding upon the City and the Contractor
respectively and their, agents, representatives, employees, successors, assigns and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of
the other party.
16.11 Third Parties
This Contract does not and shall not be deemed or construed to confer upon or grant to any third party Of parties, except to parties to
whom the Contractor of the City may assign this Agreement in accordance with the specific written consent, any rights to claim
damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because
of any of the terms, covenants, agreements or conditions herein contained.
16.12 Waiver
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.
16.13 Contrad Madein Cotorado
The Parties agree that this Contract 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.
16.14 Attorney's Fees
In the event that legal action is necessary to enforce any of the provisions of this Contrac~ the prevailing party shall be entitled to its
costs and reasonable attorney's fees.
16.15 Waivero/Presumption
This Contract was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction
shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of this Contract.
16.16 Severabitity Clause:
If any provision of the Contract is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in
accordance with applicable laws, statutes, and regulations of the United States of America or the State of Colorado, all other
provisions of the Contract shall remain in full force and effect.
16.17 Audit and Records
The Contractor shall maintain all data and records pertinent to the Work performed under this Contract, in accordance with generally
accepted accounting principles, and shall preserve and make available an data and records until the expiration of three (3) vears from
the date of final payment under this Contrac~ or for such longer period, if any, as is required by applicable statute or by other articles
of the Contract Documents. The authorized representatives of the U.S. Department of Transportation, Comptroller General of the
United States, the State of Colorado and the City shall have access to all such data and records for such time period to inspect, audit
and make copies thereof during normal business hours. The Contractor covenants and agrees that it shall require that any
Subcontractor utilized in the performance of this Agreement shall permit the authorized representatives of the United States
Department of Transportation, the State of Colorado, and the City, to similarly inspect and audit all data and records of said
Subcontractors relating to the perfonnance of said Subcontractors under this Agreement for the same time period.
16.]8 Audit
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16.18.1. COST OR PRICING DATA: If the Contractor has submitted cost or pricing data in connection with the pricing of any
modification to the Contract, unless the pricing was based on adequate price competition, established catalog or market prices of
commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Engineer or a
representative of the City shall have the right to examine and audit all books, records, documents, and other data of the Contractor
(including computations and projections) related to negotiating, pricing or performing the modification, in order to evaluate the
accuracy, completeness, and currency of the cost and pricing data. In the case of pricing any modification, the authorized
representatives ofthe U.S. Department of Transportation, and the State of Colorado shall have the same rights.
16.18.2. AVAILABILITY: The Contractor shall make available at its offices at all reasonable times the materials described in the
Contract Documents, for examination, audit, or reproduction, until three (3) years after final payment under the Contract, or for any
period, ifany, as is required by applicable statute or by other articles of this Contract.
16.18.3. Ifthis Contract is completely or partially terminated, the records relating to the Work
terminated shall be made available for three years after any resulting final termination payment.
16.18.4. Records pertaining to appeals under the disputes clause or to litigation or the settlement
of claims arising under or relating to the performance of this Contract shall be made available
until disposition of such appeals, litigation, or claims.
Rev. 1119/01 (Secs. 14.2.1.1 & 13.1.1)
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SPECIAL CONDITIONS
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GENERAL
Clarification of Terms: The Special Conditions are intended to specify and provide additional description,
clarification, or conditions that are applicable to this Contract. These Special Conditions amend or supplement the
Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as
indicated below.
Sub-contractors and Suppliers: Contractor shall identify in his/her sealed bid the name and address of all
Subcontractors, Suppliers, and other persons or organizations that will furnish the principal items of materials,
equipment or labor for this project.
EXPLORATION REPORTS & MATERIALS TESTING
The Owner may choose to perform materials testing as directed by the Engineer or require the contractor to
provide these services under the direction of the Engineer as clarified prior to bid opening. All soil sampling &
compaction, concrete flat work, and hot mixed asphalt paving related compliance testing and re-testing will be
performed by a certified materials testing laboratory. The cost of re-testing shall be paid by the Contractor, and no
additional compensation will be made by the Owner for these services. The frequency and the type of tests shall
be at sole direction of the Engineer.
MANDATORY PRE-CONSTRUCTION CONFERENCE & WEEKLY PROGRESS MEETINGS
A pre-construction conference shall be held at a date set by the Owner and after the Award of Contract by the
Owner. The purpose of such meeting shall be to perform the following tasks:
Set and update work schedule(s) as frequently as needed
Coordinate project sequences and production rates to ensure satisfactory performance and compiiance with contract
time, terms, and specifications.
. Determine procedures to be used in the administration of the Contract and discuss any item of concern to the work.
The Contractor and Project Manager or authorized representative of each shall be required to attend weekly progress meetings as a
condition of the Contract. The time and the day for Weeklv Proeress Meetines shall be scheduled at the pre-construction conference.
PROGRESS SCHEDULE & SEQUENCE OF OPERATIONS
Contractor shall submit for review of the Owner a Precedence Chart showing the work and estimated progress for
the component divisions of the work. The contractor must deiiver to Owner a balanced time allocation schedule,
for the entire project prior to the pre-construction conference.
Prior to the pre-Construction conference, if any segment of work must be constructed in a public right-of-way, the
Contractor must submit a construction management plan that will also include a "Traffic Control Plan" for each
segment of the project and a narrative of the planned sequence of construction indicating the approximate date and
duration of any ROW restrictions or closures, utility interruptions, Etc., as applicable to this project unless otherwise
provided in construction plans and other contract documents.
In the event that the rate of actual progress of the work falls behind the estimated progress indicated on the
approved precedence chart and when no time extension is approved, the contractor shall accelerate the work by
placing additional forces and equipment on the project so that the project will be completed within the contract time.
The Contractor shall be capable and make available more than one work crew at any given time during the project
time to perform the work on time.
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The Contractor shall provide a list of emergency (24 hour) contact name(s), addresses, and phone numbers to
project manager 24 hours prior to the pre-construction conference. Emergency phone calls must be responded to
in 15 minutes or less and action must be taken on the emergency condition immediately. Such emergency calls
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shall be project related corrective and restorative work and shall be considered subsidiary to the Construction bid
items and at the contractor's cost. The Owner may initiate such corrective work at contractors cost if the contractor
fails to perform the required task within one hour of an emergency call.
The contractor shall be responsible for keeping traffic flow on City streets at all limes during and after their daily
work activities. In addition, intermittent iterations to traffic flow must be kept to a Minimum.
SURVEY CONTROL
The contractor shall establish construction staking and control line necessary to complete the work from the project
benchmark and/or the government monuments. The contractor shall be responsible for protecting and/or re-
establishing benchmark control if necessary during the construction of bid items and at the contractor's cost. No
additions or other expenses are permitted.
PROTECTION OF PUBLIC FACILITIES, UTILITIES AND OTHER ADJOINING PROPERTY
The contractor shall take all reasonable precautions for the safety of public, and shall provide adequate protection
to prevent damage, injury, or loss to the public Infrastructure and other property at the site or adjacent thereto. The
contractor shall be responsible and 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 marked by the utility company. If utility service must be interrupted, the contractor shall coordinate with
the respective utility provider at least forty-eight (48) hours prior to interruption. Notice of construction activities
shall consist of publication in a local newspaper and/or announcement on local radio stations as determined by the
Engineer.
DAMAGE TO CONSTRUCTION: The contractor shall safeguard the job site, until all work embraced by the
contract is formally accepted. Any damaged portion of constructed improvements must be reconstructed at
contractor's expense in a manner acceptable to the Owner. No repair or mitigating option for damaged work will be
accepted by the Owner.
JOB SITE RESTRICTIONS: All materials to be removed from the project site or demolished on site, shall be
disposed by the contractor off the project site, at a secured disposal site by the contractor unless requested
otherwise in these documents. The Owner's property and/or right-of-way is not available for contractor staging or
storage of construction materials. Storage of materials in public ROW other than for one-day construction needs is
a violation of the local law and is not permitted.
DUST CONTROL
During the performance of the work required by this contract, the contractor shall furnish all the labor, equipment,
materials, and means required, and shall carry out proper and efficient measures wherever and as often as
necessary to eliminate and prevent fugitive dust which has originated from his/her operations or stored materials(if
allowed). Contractor must avoid dust emissions that result in damages to the Owner's premises, sensitive
equipment and instruments, or polluting the air and space occupied by persons at Owner's facilities. The contractor
shall be liable for any damage resulting from dust originating from his/her operations under these specifications.
This work shall be considered subsidiary to the construction bid items in this contract and must be performed at
contractor's cost.
DISPOSAL OF MATERIALS
HAZARDOUS MATERIALS: These type materials are not expected to be encountered within the project limits.
SALVAGEABLE MATERIALS: Stone masonry, brick pavers, hand rails, concrete, timber, and all other reusable
items removed from the site shall become the property of the contractor, unless otherwise noted in the project
documents and delivered to a pre-specified site by the Owner.
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WAIVER
It is expressly understood and agreed that any waiver granted by the Owner of any term, provision or covenant of
this contract shall not constitute a precedent nor breach of 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.
WARRANTY INSPECTION
At the Owner's discretion, a warranty inspection will be held during sixty (60) calendar days prior to the expiration of
one year warranty period. The contractor shall provide an authorized representative at such inspection to
represent the contractor's interests. Defective workmanship or product(s) identified during the inspections shall be
corrected immediately including complete removal and replacement, by the contractor and at contractor's expense
under the directions of the Engineer. Corrective work shall start two (2) consecutive business days following a
written notice to contractor.
The contractor shall, for a period of one (1) year after the completion and acceptance of work, repair at his/her
expense any failures or deficiencies communicated to contractor in writing.
QUALITY ASSURANCE/QUALITY CONTROL PLAN:
Each contractor's bid submittal will include a documented quality assurance/quality control (QAlQC) plan prepared
by the contractor describing the procedures and controis the contractor proposes to use for quality control in the
projects. Each QAlQC plan will contain at least the following elements:
. Safety training and loss control program of the contractor including certifications of the superintendent,
project manager, or on-site representative who will control the daily work of the contractor.
. Workmanship assurance program of the contractor including routine inspections and quality control
procedures for the workers performing on Owner's project.
. Plan for coordinating and scheduling construction sequences and activities among themselves, their sub-
contractors and other contractors hired by the Owner.
,.,,~
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TECHNICAL TERMS & SEPCIFICATIONS:
3.1.1 GENERAL
Technical terms and specifications, are intended to specify and provide additional description,
clarification, or conditions that are applicable to this Contract. These Special Conditions represent a
short-form outline of the more complete Technical Specifications, referenced or contained, in the
Contract Documents
3.1.2 STANDARDS USED
The Special Conditions delineate the measurement and payment for each item listed in the bid proposal
form and shall comply with the following appropriate construction standards:
a) For street improvements, subsurface construction, trenching, bridges, culverts, storm sewer system
and flood control facilities, pedestrian facilities, traffic control - The order of precedence shall be Local
Government Design & Construction Standards, latest revision or practices, and then, Colorado
Department of Transportation's Standard Specifications for Road and Bridge Construction, or as
modified in these Special Conditions.
b) For Sanitary Sewer utility systems -
edition.
Local utility owner's standards & specifications, latest
c) For Water Distribution systems - Local utility owner's standards & specification, latest edition.
d) For material testing - ASTM and/or corresponding AASHTO, latest edition.
e) For Traffic Control Devices - MUTCD, latest Edition.
f) Other utility systems - Industry Design and Construction Standards referencing installation, testing,
shallow and deep subsurface construction and restoration practices.
Any conflicts between these Standard Specifications and the provisions herein shall be resolved by the
Engineer. The responsibility for performance of the utility systems not regulated or established by the
local government shall be taken by the utility agencies listed above.
3.1.3 PAYMENT UNDER UNIT BID ITEM
The unit bid price without exception, for all work items shall include but not limited to the following work
performance requirements:
Supply of trained labor, equipment and materials
Delivery and pickup
Manufacturer's or supplier's material certification test(s) and reports
Material placement, compliance and acceptance re-testing, both field & laboratory
Obtaining and maintaining Insurance coverage(s), permits and licenses
Performing construction field surveys, staking and distributing survey cut sheets by a Colorado Licensed
Professional Land Surveyor (CPLS)
Production of the post-construction As-Built plans and details as outlined in the Engineering
Department's standards (for drafting and plan contents) by a CPLS in the following packages:
One set of mylar sheets, sealed, signed and dated
One set of electronic drawings in ".dwg" file format for use with "Auto Cad" program in a version
maintained by the Engineer. The electronic file of drawings must not be compressed.
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-
Non-conforming As-Built plans will not be accepted.
Tax payments, profit and overhead expenses, administration, clerical, misc. expenses
Cost of secured storage space(s)
Cost of complete in-place installation, site restoration to original or better condition
Detailed daily site restoration to original or better condition, to the satisfaction of the Owner.
.~
The Owner intends to award the work as one contract, which will consist of complete Bid Proposal Form.
The Owner further intends to award the Contract to the lowest responsible and responsive Bidder within
the limits of the funds available and to best serve its interests. The conforming workmanship will be the
basis for acceptance of work and payment to Contractor.
3.1.4 BACKFilLING & EMBANKMENT - COMPACTION REQUIREMENTS
This work shall comply with the acceptance criteria listed in this paragraph.
Compact fill materials to following minimum densities at optimum moisture content based on ASTM or
AASHTO as shown on the Drawings or as follows:
1. Structure fill under all concrete structures: 95% of standard proctor
density.
2. Backfill beneath or within 5 horizontal feet of existing or proposed
structures, pavements, roadways, sidewalks, curbs, utility lines or other improvements: 95% of standard
proctor density.
3. Backfill within public or other designated rights-of-way: 90% proctor
density or as shown on the Drawings.
Backfill within undeveloped, green or undesignated area: 80% of proctor density.
SUBMITTALS:
The required submittal including sieve analysis results of the selected import backfill, concrete mix, Hot
Mixed Asphalt, Emulsified Asphalt for prime coating and tack coating, and all other construction material
certification reports must conform to the requirements of the standards listed above. Contractor's
report(s) must be prepared by a certified materials laboratory in Colorado.
3.1.5 SUBGRADE TESTING
Testing will be performed at the interval of 2 tests per 100 IF of length of street or road. For sections of
less than 100 IF, at least two (2) density tests will be performed. Proof Rolling tests may be performed
at the discretion of the Engineer in addition to gage density testing.
-
3.1.6 CEMENT CONCRETE PAVERMENT
Testing will be performed on each day when the total amount of concrete placed for project work
exceeds 3 cubic yards. Testing will consist of measuring the ambient temperature, material temporature,
entrained air, slump and casting of at least four (4) cylinders for compression testing at 72 hours, 7 days,
14 days, and 28 days.
Concrete type(s) shall be as called for on the construction plans and details, per COOT's designation
with the following conditions:
Fiber mesh additive: Y, to o/.i pound per cubic yard
Fly ash additive (not a substitute for cement content): Up to 10% of the cement content by weight. This
additive must be non-retardant and shall not slow the curing process of the concrete at required strength
and time. Concrete must gain at least 80% of its required compressive strength within seven (7)
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...."",.,
consecutive calendar days of it's placement. Contractor shall be subject to liquidated damages due to
slow curing of the concrete work items.
Minimum concrete compressive strength must be 4,000 pounds per square inch.
3.1.7 ASPHALT CONCRETE:
Density tests will be performed at the interval of 2 tests per 100 LF of length. For sections of less than
100 linear feet, at least two (2) density tests will be performed.
3.1.8 MOBILIZATION/DEMOBILIZATION
This work item is measured and paid on a pro-rata basis as explained in the General Conditions of this
Contract. A maximum of 50% of this pay item is processed with the first monthly pay estimate to cover
the costs associated with multiple mobilizations and/or re-mobilizations for the entire project including
change order(s), if issued, and the balance is processed with the last pay estimate as demobilization
cost. The contractor shall not be entitled for any additional payment for mobilizations, re-mobilizations or
de-mobilizations at various work site locations in this project.
3.1.9 TRAFFIC MANAGEMENT
For the safety of the public and Contractor, the work under this bid item includes setup, enhancement,
upgrades and enforcement of a complete traffic control plan for all ROW segments to be improved under
this contract by a Certified Traffic Control Supervisor (TCS) at a minimum, and subject to approval of the
Engineer. Payment for this work item shall include advance notification of the property owners and
public via news media releases and public announcements, placement of proper barricades, signs,
warning lights both flasher and steady-burn types, information panels, electronic arrow panels, electronic
message panels, temporary pavement marking, f1agger(s), TCS, setup, maintenance, protection,
replacement of damaged device and discharged batteries, and adjusting the number of channeling
devices and signs as necessary to maintain safe traffic flows for the duration of this project. The traffic
control plan and selected devices and signs shall be based on the MUTCD, latest Edition. Measurement
and payment shall be on a pro-rata basis and for the duration of the project including time extensions
granted by the Owner. No additional payments will be made to the Contractor.
3.1.10 DUST ABATEMENT
During the performance of the work required by these specifications or of any operations appurtenant
thereto, the contractor shall furnish all the labor, equipment, materials, and means required, and shall
carry out proper and efficient measures wherever and as often as necessary to eliminate nuisance and
to prevent fugitive dust which has originated from his/her operations. Contractor must avoid damaging
dwellings caused by air born dust that can also become a nuisance and health hazard to persons. The
contractor shall be liable for any damage resulting from dust originating from his/her operations under
these specifications. This work shall be considered subsidiary to the construction bid items in this
contract and must be performed at contractor's cost.
3.1.12 "REMOVAL" WORK ITEMS
The construction bid items under "Removal Category" shall consist of furnishing all other miscellaneous
items in addition to requirements of Article 3.1.3, for the removal and satisfactory disposal or
abandonment in place of all fences, signs, structures, old and existing pavements of any kind and
thickness, roads, sidewalks, curbs, gutters, retaining walls and other unwanted obstructions not
specifically listed here. The unit price bid shall also include salvaging of designated materials and
backfilling the resulting voids including, trenches, holes, and pits as required in Article 3.1.6.
Measurement and payment shall be based on the nearest tenth (1/10) of the unit bid item.
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3.1.12.1 UNCLASSIFIED EXCAVATION
Unsuitable subsurface materials are measured based on information available during the design of this
project. If encountered however, muck, unstable or unsuitable materials, building debris, landscaping
beds and materials, tree sumps, abandoned utilities (manhole, vaults, conduits, pipelines, inlet boxes,
drywells, etc.), septic or leach fields, structural debris or foundations, or machines, etc,. shall at the
discretion and direction of the Engineer be excavated and removed. Removal of such material shall be to
the depth and horizontal limits specified in construction plans. Hauling and disposal of the removed
materials and debris to a Contractor secured site, including dumping fees, must be included in the unit
bid price. Backfilling and compaction will be performed as described in Backfilling and Compaction, or
other method as selected by the Engineer. Measurement and payment to contractor shall be based on
the nearest tenth (1/10) cubic yard accepted by the inspector. No payment shall be made beyond the
plan limits unless requested by the Owner in writing.
3.1.12.2 BACKFilLING OR EMBANKMENT
As shown in the plans and details backfilling or embankment must be placed in layers not exceeding 8
inch maximum thickness and must be compacted to 95% of the MSHTO's Standard Proctor density. All
embankment or backfilling material must be aggregate base course, gradable and compactible as
classified in Table 703-2, Class-4 through Class-7 in COOT's Standard Specifications for Road & Bridge
Construction, latest edition. Measurement and payment shall be to the nearest 1/10 cubic yard accepted
by the inspector.
3.1.12.3 SAW CUTTING
The work for this bid item shall also include full depth cutting of materials to be removed in a neat straight
line acceptable to engineer. The cost overruns for extended work caused by shallow depth cuts or sloppy
line cuts shall be absorbed by the contractor. Measurement and payment shall be up to the nearest 1/10
linear foot of actual cut acceptable to the Engineer.
3.1.12.4 "Reset"Bidltem
Resetting of a work component in a bid items in this project shall include new hardware, sign pole
sleeve, conduit, pole base, valve box riser, manhole ring and/or new flange & lid, and all other support
materials not listed but are necessary to perform a complete operational re-installation or placement of
all "Reset Items" called in the plans and details included in this project.
3.1.12.5 Erosion and Sediment Control
Erosion and sediment control at construction sites must at least conform to applicable provisions of
COOT's M&S Standards "M-208", published in October 2000. Contractor must obtain a Colorado State
erosion control permit prior to start of work for all work construction sites exceeding one acre in size.
City of Aspen
Qualification Statement
Project No.:
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+----~--------~~-----------~~~----------~------~~----~----~-------~----~----------------------------------~~---~-----------
~~----~-+
: 1. Firm Name, Business Address, Contact Person & Telephone Number: :2. Year Present Firm :3. Date This
Fo=
Established:
Prepared:
+~~---------------------+----------------
:4. Type of Ownership:
A. Small
Business
B. Minority
Owned
: C. Women Owned
~-----------~~-------------~------~~----~-----------------~----~--------------------~-----~-------------------------------
:------------~~~-----~-------~----------------------------------------~~------------~--------------------------------------
5.
N_.
of
not
more
than
two
principalS
to
contact:
Title/Telephone:
al
bl
--------------------~------~-----------~---------------~------------~----~~~-----~----------------------------------------
6.
Project
Exanples,
Last
5
Years:
:~------~-------------~-----~-----------------~----------~--------------------------~--------------------------------------
---~----,
Owner's Name, Address & Telephone:
Cost of Work:
Project Name, Location & Brief Description:
Date
(X $1,000) :
Completed:
:-------~-------~~----------------------------------------~----+--------------------~~------~-------~~--+-------------+----
--~_____'
,.
:--------------~~-----------~-----~-----~------~----~----------+----------------------------~-----------+-------------+----
__~____~i
2.
:------------~------~-----~-----------------~~-----------------+-----~-------------~~-------------------+-----------~-+----
3.
:-----~----------------------------~~---~~-----~~---~~-----~~--+~-------~~------~-----~--------------~--+-------------+----
~----~--,
4.
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"^,,-~
:--------------------------------------------------------------+----------------------------------------+-------------+----
5.
:--------------------------------------------------------------+----------------------------------------+-------------+----
--------,
6.
:--------------------------------------------------------------+----------------------------------------+-------------+----
--------,
7.
:--------------------------------------------------------------+----------------------------------------+-------------+----
B.
:--------------------------------------------------------------+---------------~------------------------+-------------+----
--------,
g.
:--------------------------------------------------------------+----------------------------------------+-------------+----
--------,
10.
+--------------------------------------------------------------------------------------------------------------------------
--------+
QSI-l11._
.~,
CC1-971.doc
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+--------------------------------------------------------------------------------------------------------------------------
--------+
Owner's Name, Address & Telephone:
Cost of Work:
: Project Name, Location & Brief Description:
Date
(X $1,000) :
Completed:
:--------------------------------------------------------------+----------------------------------------+-------------+----
11.
:--------------------------------------------------------------+----------------------------------------+-------------+----
12.
:--------------------------------------------------------------+----------------------------------------+-------------+----
: 13.
:--------------------------------------------------------------+----------------------------------------+-------------+----
14.
:--------------------------------------------------------------+----------------------------------------+-------------+----
--------,
15.
:--------------------------------------------------------------+----------------------------------------+-------------+----
16.
:--------------------------------------------------------------+----------------------------------------+-------------+----
--------,
17.
i,,--_'
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","'.....'
""".....,
:--------------------------------------------------------------+----------------------------------------+-------------+----
18.
:--------------------------------------------------------------+-----------------------------~----------+-------------+----
--------,
19.
,-------------------------------------------------------------------------------------------------------------------~-----
7.
Bank
Refernces,
Contact
Person,
Telephone
Number:
--------,
.)
b)
0)
,-----------------------
-------------------------------~-----------------~-------------------------------------------
8.
Trade References
(material
suppliers,
sl.lbcontractors,
etc.) ,
Contact Person and Telephone Number:
.,
bl
01
,--------~-------------~---------------------------------------------------------------------------------------------------
9. Name of Bonding Company and Inl!luX'ance ~any, Agent's Name. DescX'ibe current liability insurance coverage:
'....,~....
+---~----------------------------------------------------------------------------------------------------------------------
--------+
I hereby certify that the above Qualification Statement is accurate and true. I hereby authorize the City of Aspen to
contact any and all of the persons/firms listed above to obtain further infonnation regarding the qualifications of my
firm.
CC1-971.doc
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**CC1
--
Title
......
Signature
BID PROPOSAL FORM
Project No. 2007-079
BID DATE: October 1, 2007
PROJECT: Gibson Avenue Stormsewer Construction
PROPOSAL SUBMITTED BY:
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good faith,
without collusion or connection with any other person or persons bidding for the same work, and that it is
made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the
invitation to bid and request for bid, all the requirements of the bid documents including the plans and
specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees
to keep this bid open for Sixtv (60) consecutive calendar davs from the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-construction
conference held by the Engineering Department, which also constitutes the Notice to Proceed.
Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor
will finish construction within the time specified in the Special Conditions ofthis contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to
the City, to waive any informalities or to reject any or all bids.
The City hall not pay the Contractor for defective work and/or for repairs or additional work required for
successful completion of the project. All work not specifically set forth as a pay item in the bid form
shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection with
furnishing the proper and success completion of the work, including furnishing all materials, equipment
and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be removed
immediately and replaced properly at no cost to the City.
""'~"-V
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis
for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City.
The basis of payment shall be the actual amount of materials furnished and work done. The Contractor
agrees
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"CC1
CC1-971.doc
j"-'
to make no claims for damages, anticipated profit, or otherwise on account of any differences between the
amount of work actually performed and materials actually furnished and the estimated amount of work.
-
The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid
unit price and up to plus or minus Twenty Five (25) Percent of the total bid.
I hereby acknowledge receipt of ADDENDUM(s) numbered
through
ESTIMATED QUANTITY LIST
Cost
Item Unit
No. Descriotion of Work Unit Quantitv Price Cost
01 MobilizationtDemobilization LS 1.00
Traffic co~~rol (Inciuding safety barricading, signage,
02 notifications LS 1.00
03 Demolition Items:
Site protection, erosion and dust control LS 1.00
Saw cut existing asphalt mat for storm sewer and curb &
I outter construction - full deoth (4" +/-) LF 974.00
Remove and dispose curb & outter return LF 7.00
Remove and disoose asohalt oavement SF 2934.00
Rotomill asphalt pavement, '/z half street for "Tee Top"
overlao and overlav oavino SF 2435.00
Unclassified excavation - new 18" RCP storm sewer line CY 510.00
04 Imorovements:
Furnish and install new 18" RCP storm sewer line (Includes
placement of bedding materials, backfilling with ABC class-
6, and comoaction) LF 392.00
Furnish & Install 4' Diameter Manhole (oer plans & details) Each 2.00
Furnish and install drainage inlet, inciudes excavation,
base prep with ABC class-6, backfilling and compaction
(oer plans & details) Each 1.00
Modify existina drvwell loer nlans & details) Each 1.00
Connect storm sewer line to existinn manhole #4 Each 1.00
5" thick HMA patch - storm sewer trench and C& G toe
trench SF 2934.00
Prep sub-base, install 8" iayer of one inch diameter
crushed screened rock wrapped in traffic rated geofabric
under curb & nutter (per nlans and details) LF 130.00
Construct curb and QettefiDer plans and details) LF 130.00
2" thick HMA pavinQ overlav. oradinQ "S" or "SX" SF 5844.00
Site restoration and cleanup LS 1.00
$
TOTAL BID IN NUMBERS:
$
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**CC1
CC1-971.doc
'~
Total Bid in Words:
I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been
reserved by the owner.
Authorized Officer:
Full name signature:
Company address:
, Title:
Telephone number:
Fax number:
Attested by:
Subcontractor & Material SUTJDlier List
, Phone #:
Name:
Address:
Service or Product:
, Phone #:
Name:
Address:
Service or Product:
Name:
Address:
Service or Product:
, Phone #:
, Phone #:
Name:
Address:
Service or Product:
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"CC1
CC1-971.doc
, Phone #:
",....
Name:
Address:
Service or Product:
, Phone #:
Name:
Address:
Service or Product:
"'-',
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"CC1
-
AFFIDAVIT OF COMPLIANCE
PROJECT NUMBER: 2007-079
The undersigned contractor has read a copy of the Contract Documents including the construction plans,
for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future,
violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of
Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and
agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the
City of Aspen.
Attest:
Corporate Seal
l!ev( tL?
/ Contractor
By:
STATE OF COLORADO )
) SS.
COUNTY )
;;t2/~
own to me
day of OC'-M,..
~~
Before me./ , a notary public and for
County, Colora personally appeared I{' cKf 7hbA?..ft'Y7
personally to be the person(s) whose signature(s) in my presence this ;
,A.D.~_.
dOD?
My commission ~?,pjres: 9 /;/ IdOl!:>
(Seal) ,;~~~;:;:?; ;;, ," ,:" '?,.
l}:~':(n", ::~'-';
:: e
:: .. -~...- - - . ~."
~~~\. p: L,.: L; ~ : "~',,<:" ;.j;,;~~
~~,,'1;.."~ ... ,_ '.
'"~.~~i~::::f,i,(:.::\'i~}~'}'''
~'/~
Notary Public
ACI-97I.doc
-
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CC1-971.doc
_.
LIQUIDATED DAMAGES
for
FAILURE TO COMPLETE THE WORK ON TIME
The undersigned contractor declares his/her full awareness of the content and terms of this contract a d
affirms that the contractual time is the period mentioned in the contract Specifications plus the ti e
extension(s), if any, granted by the City of Aspen for successful completion of project. The undersign d
contractor further acknowledges he/she understands and agrees to liquidated damages to be deduct d
from moneys due to him/her for any delayed calendar day beyond the total time at the rate of $100.00 J r
day. This amount and the total allowed time by the City shall not be negotiable under any conditions.
Attest:
Corporate Seal
J/~y I- tL C-
~I~
By:
I:
STATEOFCOLORADO )
)
COUNTY )
Before me C}ndk J... ()tA/io/ ' a notary public and for
County, Colorado personally appeared If 0;: 7ht>tn 661>
me personally to be the person(s) whose signature(s) in my presence this
SS.
4/J/fd/
known to
Y day of
oddlv
, A.D. 200-.2 .
,-",-..,
My comm~~~.i.~~~i~nj,> all// /tlIl>
*''i;.'.....:-..c..;--;,..'';.:.."vr .,;:;,
~ C~'\~ c" "" ,,"-,"':" '-:~,
(Seal) ! ~ ~ ~ ";'l- "~;~
::: ;' ,', "''<. ~f' ,:\ ,,~:,:. ,('.. '~
:: ~ \,~L' ~ <'~-i~'" ~
I _ ~ ~~~~"iC~~~~ ,~_~>>
~(fl '" ,..' Ii , ,,'.. ~ n j. c, l'-~
'%~;j~ ::v~~ ::,~.~~:;;~:i
of'it.l Uj'- (-'~.) ~~,~::.'
Ii'". .. ,;,.,~
CC1-971.doc Page'iW1..'"
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-
**CC1
~"...,
III
CONTRACT FOR CONSTRUCTION
Tuteny01 ASI'f1\
THIS AGREEMENT, made and entered into on
OF ASPEN, Colorado, hereinafter called the "Cit
"Contractor" .
, by and between the CITY
LLC, hereinafter called the
.
WHEREAS, the City 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: Gibson Avenue Stormsewer Construction,
and,
WHEREAS, the Contractor, in response to such advertisement, or in response to direct
invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in
accordance with the terms of said Invitation for Bids; and,
WHEREAS, the City, 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 a
Contract For Construction therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein 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 materials, 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) consecutive calendar days after the date of "Notice To Proceed" and will
complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. 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 Three Hundred Twenty
Thousand Three Hundred Three Dollars and Seventy Cents ($320,303.70)
DOLLARS or as shown on the BID proposal.
The term "Contract Documents" means and includes the documents listed in the City of
Aspen General Conditions to Contracts for Construction (version GC97-2) and in the
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
5.
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**CC1
CC1-971.doc
-
6.
The City shall pay to the Contractor in the manner and at such time as set forth in the
General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Contract For Construction shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein or in the Contract Documents, this Contract For
Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the
Municipal Code, including the approval requirements of Section 4-08-040. This
agreement shall not be binding upon the City unless duly executed by the 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 City and the Contractor respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Contractor shall have the right to assign, transfer or sublet his or her interest or
obligations hereunder without the written consent of the other party.
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 the Contractor or the City may
assign this Contract For Construction in accordance with the specific written consent, any
rights to claim damages or to bring suit, action or other proceeding against either the City
or the Contractor because of any breach hereof or because of any of the terms,
covenants, agreements or conditions herein contained.
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 Contract For Construction was made in accordance with the
laws of the State of Colorado and shall be so construed. Venue is agreed to be kept
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 Contract
for Construction, the prevailing party shall be entitled to its costs and reasonable
attorney's fees.
13. This Contract For Construction was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or
presumption shall arise for or against either party based on any alleged unequal status of
the parties in the negotiation, review or drafting of this Contract For Construction.
14. The undersigned representative of the Contractor, as an inducement to the City to
execute this Contract For Construction, represents that he/she is an authorized
representative of the Contractor for the purposes of executing this Contract For
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Construction and that he/she has full and complete authority to enter into this Contract
For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
7;;;~f") b-t!0
CITY ~' COLORADO
By: ....... .4"~
Title: ~/ A LIJi (fl
APPROVED AS TO FORM:
By:? #/I/J/.dB A
eitYAftorney
'~~.
t1 f~
ATTESTED BY:
By:
Titl :;;, j),.ofecl fHa~Ct.1..(2rL
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
''''''-,;.'
CC1-971.doc
Page 5
**CC1
Bond No. DVIFSU 0460033
'>"''-''',n<'
PERFORMA~E BOND
KNOW AU. PERSONS BY THESE PRESENTS: 111at we, the undersigned, as,
Heyl, LLC
"..__' MrnaJ
having a legal business
address at 6560 County Road 335, New Castle, CO 81647
a
Corporation
{1.o.............~I"BI1IJlmlIp,~UIIII'Iall8lJ
as Principal, herelnaflarcalled "'Prlnclpar, and
International Fidelity Insurance Company
{NIlDClClf~J
9800 Mount Pyramid Court, Suite 400, Englewood, CO 80112
~crr~,
a corpora1lon organized under the IaIollS of the Slate of New Jersey . and qualified III tranaaGt business
In the Stale of Colorado, hereinafter caUed 'Surely", are held and firmly bound unto the City of Aspen, a Colorado home
nje municipally, as Obligee, hereinafter caned "CIIy', In tha emount of:
Three Hundred Twenty Thousand Three Hundred Three and 70/100 Dollars ($320,303.70\, In lawfUl
money of the United stales lilr payment whereof Prtnclpel and Surety bind themselves, their heirs, execumrs,
administrators, successors and assigns, JoInUy and aeverally, liImly unto these present.
WHEREAS, Pn"nc1pal has by wrIllen agreement deled f) c J;; bc.'"'- ~ . 20~ entered
into a conlract wifIl City for Gibson Avenue Stormsewer Construction"ln accordance with the Contract Documents
which Contract Documants is by reference made a part hereof, and Is hereinafter referred Ie as the Contract.
. (Project No. 2007-079)
NOW, THEREFORE, if Principal sham wel~ truly and faithfully perfonn Its duties, all the undenaldngs, covenan1s, terms,
condltlons and 8Q!8&ments of said Contract during the original term thereof, and any extensions thereof which may be
granted by the Cliy, wlth or wllhout notice to the Surely and during the guaranty parlod, and If Prtndpal shall satlsfy aU
claims and demands incurred under such Contract, and shall fully indemnify aid save hannle66 City flcm all costs and
damages iM1Ich It may sulIer by raason offallureto do 60, and shall reimburse end repay the CIIy all cutiay and expanse
whIch tha City may Incur In making good eny default then this obDgalIon shall be void; oIhe...,,;se It sha. remeln In full
force and eIfect.
The Surety hereby walvea notice of any allera1lon or eldsll5lon ofUme mllde by the CIty.
Whenever Principal shilil be, and declared by CIIy to be in default under the Contract, the City having performed C1ly's
obligation hereunder, the Surely may promp1ly remedy the default or shall promptly:
(1) Complete the Contract In accordance with its terms and condltlons, or
(2) Obtain a bid or bids for completing the Contract In accordanoe w1lh Its talll1S end conditions, end upon
detarmlnalJon by Surety of the lowest responsible bIdder, or, If the CIIy eIecIs, upon defermlnatlon by the City
end SUrety jointly of the lowest responsible bidder, anange for e contract between such bidder and CIIy, and
make avaDable as work progresses (even though there should be a default or SUClJeSSlon of defaults under the
Contract or Contrac1s of completion arranged LDlder thIs paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price, Inoludklg other costs and damages for which the Surety may
be lIeble hereunder, the amount set forth In the first paragraph hereof. The term 'balance of the ConImcl price"
as used In this paragraph, shall mean the total amount payable by City to ?!tx:lpel LDlderthe Conlract and any.
amendments thereto, less the amount properly paid by Clly to Principal.
(3) ArVf contract or succession of contracts entered Into hereunder for the completion ofille Contract, shall also be
subject to this bond as part of !he original Contract obligations.
1111s bond Is Intended to be In satisfaction of, and In addlllon to, !he bond required pursuant to Seclfon 38-26-106,
C.R.S., as amended.
CC1-871.doc
P8ge 7
~CC1
',-
Bond No. DVIFSU 0460033
?-*-
. This llP.llp, .., ~ p<m~Jly vn<:lll1l!emnlliQRt1on bllJ1l;i, JitwJl lill!oo el1t1l!e. Cijy Ip nlPO)Illr ~, j:lert. of. ~ ~!IlR1111tj!>.ll !If 111~
f- Conl1act or the payment of any labor or materlal costs hllreundar, ill Ill. J -..18~U.AU I ~.n .~I, liquidated and
_ Ii . lJ I .. 1011, co&1s, reaeonable attorneys fees and expllrt wltness fees, Includlng, VIIthout Umltations, the fees
at erginearing or archhectural consultants.
61:1....1,1 ro. Ycllut;;: 1'I;;i'-"l;i~..,a, lR:JIob)' ~UIaJ:e& tllld Rt;II~M that..... inrl~~ ~"'clla'll8 RaFfflIeM the. SHy 161M maRt of
llriy and aD Plll'~ ill .,:.4l Iih D """l'I, aLl!.oftllo~\'JilI;~ tile Clv,n;ler be lBll'Iiled te IIIH UlIder
IRe Iewby ~y .__" uf .uclIlBll~~';;l ....i:uhuru:PFlnelpel.~
Further, Surety and Pritclpal &hall protect. defend, indemnllY end save harmless the City's olIicers, agariS, servants,
and employees from and against all claims and aeDons and aD expenses incidental 10 the defense of such clalme or
actions, based upon or aJI&1rg out of injuries or death of persons or damage 10 property caused hlf, or susIBi1ed In
connection with, Ihls Conbacl by conditions creata<l thereby, and on request oflhe CIIy will aBSUlTlalha defense of any
claim or action brought ageim;lthe city.
No right at actlon shall accllJe on this Bond 10 or for the use of any pereon or corporation olher than the CIIy named
herein or the employees, agents, admillstrators or successors of CIty.
SIGNED AND SEALED this
~'iJ
I
day of
OcTobc:.r--
.2007.
'rnN~
By:
TrU{ s;: J?,lre~r I/t,"&<;'~
(seal)
Attest ~ L ~
(sea~
}",
,'TrlIe:
. .
,.' '(
'<J
NOT!;: Accompany this bond with certified copy of General Power of AIlcmey from the Surely 10 Include the dale of the
bond. (Da1e of Bond must not be prior 10 dale of Conl1act.) If Principal Is Partnership, all par1ners should execute Bond.
-
I
CCH17l.doc
P_g18
-eCl
Bond Number: DVIFSU 0460033
'~...,
PAYMENTSONO
K"'OW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, as,
Heyl, LlC
having a legal buBlness
(t-'rn:;tpllllsNQIIJ
address at 6560 County Road 335, New Castle, CO 81647
It'mapsraAGCJrSlj
a
Corporation . as Prlncfpal, herelnafter called 'Principal', and
1\AJ1PlOlIlIl,I~MneI'IllIPotflIJlWaalJ
Intemational Fidelity Insurance Company
\l3QlH1INIllJIltI
16382 Parkside Drive, Parker, CO 80134
[~MlJ;UIJ
,-
a corporation organized underlhe laws of the Stale of New Jersey. and qualified to llansact busIness il the
Slate of Colorado, herelnaller called "Surety", are held and lInnIy bound unto the CIty of Aspen, a Colorado home rule
municipally, as ObBgee, hereinafter called "CIly". In the amount of:
Three Hundred Twenty Thousand Three Hundred Three and 701100 Dollars ($320,303.70 I, In Iaw!i.JI
money of the United Slates for payment whereof Principal and Surety bInd lhamselves, their heirs, executors,
admln!slrl!Itors, successors and assigns, jointiy and S9IIBJaIIy,1lrmly unto these present.
VIol-IEREAS, Principal has by wriIlen agreement deted ()c 1ii buc ~ 2o?2 entered hto a contractIMll1lhe City for
a project entmed: Gibson Avenue Stonnsewer Constnlcllon (oroleGt n02007-079)
In aCl:ordance with 1he Contract Documents which Contract Documents is by reference made a part hereof, and is
hereInafter referred to as 1he Contract
"'OW, THEREFORE, THE CONDmO", OF THIS OBUGAllON Is such that, If Pri1cipal shall promptly make payment
to all clabnantE herelnaller deflned, for all labor and material used or reasonably requlred for the use in the performance
oflhe Contract, then this obligation shall be void; otherwise II shall remain In full force and effect, subject, however, tD
the following condlllon.:
1. A Claimant is defined as having a direct contract with the Prlncfpel or with subcontractor of the P~JqlsI for
labor, material, Dr bo1t), used or reasonably requlracl for the performa.nce of the Contract, labor and material being
cons1nJed to Include that part r;t water, gas, power, fight, hee~ 011, gasoline, telephone service or rerttal equipment
dlrec1ly applicable to the Contract.
2. The abOlle-l1anle Principal and Suraty hereby Jolntly and severally agree with the Cit,y that every claimant as
herein definacl who has not been paid In full before the expiration of nlnety (90) days eller the dale on which the last of
such cJalmanfs work or labor was done or perfonned or materials ware fuml6hed by such claimant, may sue on this
bond for use of such sums as may be justly due claimant, and have execution thereon. The CIIy shall not be liable lOr
the payment of any costs or expenees of eny such suit
3. No sui! or action shall commence hereunder by eny claimant
(a) Unless clabnant, other than one hevlng a di"ecl contmcl with the Principal shaD have given wt1t1en
notice to any of the following: The Principal, the City, or the Surety above named, within ninety (90) days after sl.I:h
claimant did or perfonnacl the last of the work or labor, orfumished the last of the material for which said claim is made,
stsllng with subslantial accuracy the amount cfeimed and the name of the party 10 whom the materials were furnIshed,
or for whom the work of labor was done or performed. Such notice shall be served by mallng the same registered mail
or certified mall, postage prepaid, In an envelope addressed 10 the Principal, City Dr Sure4t. at any place where an office
is regula~y malnIlllned for the transacllon of business, or selVsd In any manner In which legal process may be served In
the Slate of Colorado.
(b) After the expiration of one (1) year following the dale on which Principal ceB8lld work on said
Contract, It being understood, hOWflvsr, that If eny limitation embodlacl in this Bond Is prohlblled by any law controlling
CC1-971.doc
Page 9
""CC1
-
Bond Number: DVIFSU 0460033
.thE! co~$UI'\IDn h"",pf, such .Ihtlll;lUon Shall be. deeme.d to be. amanded So as to be equal to the. minimum pe~PQ of
Imitation pllIIT1ilted by such law.
(e) Olherthan In a stale of competent jurisdiction In and for !he Counly of Pitkh, State of Colorado.
4. The amount of !hIs Bond shell be reduced to !he ex!ant of any payment or payments made hereunder,
Inclusive oflhe payment by surely of Ilans or claIms vhllch may be fled ofracord agaInst tile Improvament(s), vhlelher or
"01 claim for the amount of such Dan be presenled under and agaln&t !hIs Bond.
5. This Bond Is Intended to be in satisfaction of, and In addition to, the bond required pursuanllD Section 38.
28-105, C.R.S., 8S emended.
6. No final saUlemant balwaan the City and Plincipal sham abridge the right of any beneficlaty hereundar,
whose clelm may be unsatlsfled.
SIGNED AND SEALED this
<;("
dey of
()c1o;~v--
.2007.
:INC~I' LLC
/
Tille: :02, 'p"ol('~c.T I#m4f~
/
(seal)
Attest ?~ ',( LJd;1
..~\!~ter~ational Fidelity Insurance Company .' .
/~',\~~ ....A/.LLh. Y /lltr?!tifJ; v:::.SC~)D 7A1ui2
, . - .. . Knslen L, McCorrmCk, Sue Wood Surety Witness
. i , ,'. Title" Arlllmev-in-Fact '
.1 . "
(seal)
,
'.
, , NOTE: Accompany this bond with oerlllled copy of General Power of AJmmey from the SUrely Company to Include the
" dale of the bond. (Date of Bof1d must not be prior to dale of Contracl). If Principal Is a Partnership, all partners should
I "',execute Bond.
t " :
:--
CC1.Q71.doli-
Page 10
"CC1
Bond Number. DV1FSU 0460033
---
MAINTENANCE BOND
KNOW AlL PERSONS BY THESE PRESENTS, That we, the undersigned, as
Heyl, LLC . of 6560 CountyRoad335, NewCastle, CO 81647, es Princlpa~
hereinafter referred to as "Prlndpal", and
International Fidelity Insurance Company
a corporation organized under tha laws of !he Slate of New Jersey , and qualified to trsnaacl
blJSlness In the state of Colorado, as "Surely" are held and firmly bound unto Ihe CIly of Aspen, Colorado, as obligee,
harelnafter referred 1D as "CIly,"In the penal sum ot
Three Hundred Twenty Thousand Three Hundred Three and 70/100 Dalars $ 320,303.70 1,
lalllful money oflhe UnIted Slates of Amama, for the Payment ofwhleh sum, wen and truly to be made to the CIly, we
bind ourselves, and our heirs, executors, administrators, sueoessors, and assignees, plnlly and severally, by these
presents:
WHEREAS, said Prin",,~i1 has antared Into a Vvlillan Contract wlIh !he obligee daled IJdo be,,- <6 lcp 7
2007 forfumlshlng all equfpmen~ labor, tools and materials for. GIbson AVllIIue Stol"lD8ewer Construcfion>
In acoordance wlIh detailed plana and specllicalions on fie in!ha office oflhe Cily Clerk of said CIly, a copy ofwhich
ConfmctIs atlIlchedherelo and made a part hereof. >(project No. 2007-079)
NOW TIiEREFORI:, The conditions of the foregoing obUgatlons are such that if tile said Principal shall welll11d truly
perform all the CIl\/8/1anls and condlllons of !his Contract on the pari of said Principal to ba parformed, and repair or
replaca all defedB for a periOd of two year(s) as provtded f1ljre1rt, imd 'ptotect IlIld aave hEiIll11es8 the' CitY of Aspen,
Colorado, from alloss and damages to life or properly suffered or sustained by any person, filTT1 or corporation, caused
by said Pltldpal or his agen1s or hie employees, in the paribrmance of said work, or by, or In consequence of any
negligence, carelessness, or misconduct In guarding and protecting same, or from any Improper or defective equipment
or materials used in 1I1e work, or other damages, costs and expenses and set forth In such Contracts, then this
obligation shall be void othelWlse to remain In fuU force and ellact In law.
This Bond guarantees thalthe material and equipment furnished and used, and workman6hlp employed In the
performance of tile work described In !his Contract wlK be of such character and quality as to Insure tt to be free from all
defects and in continuous good ordar and In a condition satislaclory to the Govemlng Body of the CIly of Aspen lor a
period of two yelr(s) from 1I1e date of the Issuance of the Cat1ificete of Completion.
TIlls Bond guarantees lhattha said Principal wll keep and maintain tile subject \Wit. wtthout additional charge or cost 1D
tha City of a period specified, and maka such repairs or replacamant of any defective construcllon Bsthe City may deem
necessary.
CCl-971.dDC
P090 11
"'DCl
-
Bond Number: DVIFSU 0460033
-..
The !'81d PIInclpal shall n.~ be requIred to ma)nlBl\l eny pari of the ~proy&lYlent under \his gt,mantee 1M1lch, _ Il5
completion end acceptance shall have been removed or altered by tha City or its agent.
SIGNED AND SEALED this . <is day of IJc1o~ ,2007.
PRINCIPAL: !-jeyl, LLC
:,~ fA,;u~'1<>C'
/
(seel)
Attest 10M / fldl
",\\'.\',IIISUJ,RgTY'
",,"':~:\""'\\' ',.t. l";/,I'" ~
t,"':(>>\~"8~ \'. _L
i .:~ ...:, ," "c., K"I$~ I.. McCorml
:.;.ri,i' ('. 't_.1Title:ji\tfo~v-in~Fact
I'
, .
(seal)
, ,
'< "
.,
" ,
.','; (AcicOrT1lieliy this bond with certified copy of General Power of AlIDmey from 1ha Surely Company to include 1ha dale of
'lhebond.)
"J, I '.'
CC1",,71.~oc
Pllgs12
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POWER OF ATTORNEY; ...." '" ..; .
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'. INTERNATIONM.7:.FlDELffY INSURJ\NC.~:COM.l~'
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;, : KNOW ALLMllN I\Y THESE PI!l!:Sjtb!TS: 'j:hatIN'ItID(ATIONAt FniEIiI'Y INSURANCE COMl1ANY, .:a coJi;OTlItlo1\:or~a.;;ied'.niI e,is~M
:.'j;;.1a,~ ofth~ S~Je of New J~eY;,and hllfin$ltG :trfi?l~JpallJftiCt;,~~,~e"gly of~e~~.)~e~,J~~y~ ~oes he;~y.):ol1li~~jlln~':appp~t.; ,~".' :;.: .:..,. ,; .' '.
,;~.,..:., '._'';:''''' ,. ...:.....~..., .,..,~'..... .:+...., ''';:;' ''''t< ,..,....:\ -:;;..~~.;-.. "';~":' .,~: ;'....f :,"'- ,::';-.:;.. ,." '"..,.-:-.. m.... ~~;:-.. "~:" .:'~~.. .:...-. ...::: ,...;.... ...,-.." ..~.. ....,.-.. ,,,.....,.":. . ....., .......,..,.,....'::' 'h '::-;. '.......:-: ..." '-;. "'''''','''17/
I'SA.RAJ(FiNN; ROBERij:L.CQ~l";:R6BEJ.iT~J.REJ.WER;BMDL.lW LJEFFRESS;SUEW$Oj),;" .. . "}, .;i.J
'; . SHERYLL: SflAW, KRISTfN1;;;MpCO~MICK,NIC01.E L.MCCOI:;LAM, JENNIFERp;13UB. .. ),;
;,:..~:r;l '.,. 0< , ,', ' ,~ ::
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: ,~. 'i..~" ' .. ....... . h...... ,,~;..~,.. ......' ~",.......:;. .;;:......,.. ....;;)j;,::.;j;. ;;::.... ....n.. ,..~.~'. ..::::'~.:':::'.. ..,......, ........,;,,;':'~..l~.:l;.. ".......i :i';,. ."~' .....a :;. ...::,." .:i......... .."...'; ;F-..~~...." ..<,..... ....".....-. "".l' ,.;~,~~..;;,;'0i: 'll
.~ ':' ., ,.. true ~ 1.wfulatto>'Ji<Y(iHn-ftcl1Q1;lJ"'0~' s~jlIld d~1\iedoi ~hd 00 i.. bei1!.lfBS ~ly \ ~llY and;aJ\1l<liiil~ .""'Unde_~\ contracts of indemiUl)v.d.~.,
;:;' "'. ~CT )Yntl{ig& o~~1~tory. LD Ihe .nal1lre.th~reo.f.".wh),*,:are Qr::,~Y; '.be 'allowed, mqurr~ P~-.P.~ by..lllW,-:$t8.tu~ IUb:.:J~latiPD. .con~ct or odietWist~;and':~1'. "i~' ~~
" ,..,.the e=oon oj" SUPIl mfil1'l!"01It(s):In..pWttlllllce Of th..q,,,,,.""'.shaJl~e ..'biU(llllg.opon the slild INTE1lNA~O.NAJ')1'1!>EUTY INSUR/>.NqI':'.. ,.; ,.,'
. ,. ", cpMPANY, .as. fullY .lId "''PI", 10.11 m<<nW ."" I>'!~esi...lf me,'RIIlC IlRd .1#0 dUly .'''''U)e<! and i'c."owle~lledbY ,I> rlgulailyol!"'terl .fliee",. at;11s
pn~clpal o~~~. .:': ,'. ,'.';'~ ~: '. ':~: '. , :.~. : <~, '.'!-", ';:. : j '::'-; ~~ " .,'.: ':' ',::.:~, :',':: A ..:". .~,.:. ~. :'; :":.; ~.} ,..
,~"' '" this pQ'wer ofAttOrae"'y"is e*~ttd, and.may.'~ r~yok~d. .~rsuant toJUJd bY'llu"thoritY;of Article 3.:sec~oh 3', of-th'e'BY';U\\Js adopt.ed'hyj1he Bo~ '6f
Dire,to'" 'fINl'llRNATIONAL'~Il(.I1'Y1NSllRAl!!~E,.CPMfANY. at a m'l'ti1jg Ill1Ued..od held on t!); 'm d!y 9f1'ePlU"'l';1974, "... ... ,..'
. .:. . , . . ' :' '" (,," ':' , .: '). "r:"', , , ... ,~, ' ,,,--,
',lJl~ Presldept O~,:ahY:' Vice P~i~ ~~,~Yiee P~~~~. ~ecretaTY f1! A8siSiaj~($~~~ ~ ~~} .~l1ve PO~7r.~ :autharity.: . ": '" . ",' :. .'
(1) To ,appoint Attomey.-In-fRot, and 10 authorize them to.J;xccu<< on behalf of the Company , and attach the Seal pf1he Com~ny.thereto,.l!9nds and
. underiBkiDgs. 'COmra.~:bfindemnity and"9ther writiri:grrobligatO,I}'~ thc;nature th~ofan~. ,';-,'. ~. ... :. ,:: ,',
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. . (2)TC,remove.at'anytfin~.anYBuch.~ttomeY..i!l-~taBCIrev'Oke'tbeatL~tltitYgiven.:< -,...,.. ,...,.;:....;::.:" ,':' :.,... '~',.',
~}'.': ~.;" ,..' :Furthe~1 this 'Power of Attormy i& S!i~.~nd _ReiLi~ byJacsiJ.nile plI:~~'tro reSolutli;rn of die Board of~~rs ~fsaid COJOpllm II,do.p~ at Ii mee-ting {. .'\ "
~dulY cal1eo ~d held ,on ~t~9th day ofApnL; 1982 <?~w~~ ~~ ~Yo~ng JS a ~~~erpc: ... '. .' .~, : /. " . ~~ :: . . ": ~.
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_' NOV( ~rCfo~ tbt ~ip.la1U~~of Sttcb officers and the..1iea{~ the Cqmp~y. may lit Qlfixetl' to ~Y. suoh rower 'of att<<;>~y. or. any"certificate relatiog .thereto 1)y
facsimile, and any such powc:r c~'$UOrney 'ot'1?e~lc beanng SU~ .~csinQJe- SJ8!l21Ut'eS or facsttn~'se~ shall be valid aDi::l bin4;lmg up-on the:~o~any aQd auy
such power .so execu~d and cero,fied by facsimile 'SJ,gnawres and faosumle 'seal: Shall. be :valid aJUl b~4mg upop the Company m th~ future wttlr respect to any
bond ~ undertaking>1P whioh it. is alDCh~d. . . '.2 ..,' '." ' -, " '''';
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. '", On thiI; 29th day of Au~t 2003, before' me ~e the:.b,diYiduJl:wha executed the' 'JHiceding".tnstrument;"~ me, 'pe,rsonally known. ~aDd, being-::'bY me::tilijy'~:'~";:';
, $.,,!~I said 't}*. ~e IS. the t1!erein described lI:r.d aulhonzC(t-bffic~ of the 'i::":',n<ITERNATIO!"l~ ~IDELITS!'iJ.NspRANCE ~O~ANY; dJ~ ~ SW~ aff~ tQ,'.i; ...
, saId lIlStlUI1lenrls the COrpclratC'Scal of wc1 Ccmpany; 1hPt the S$dd.COTpotate Seal and rus $lgnature wef1?dQl:y. ~'by"ord~r'ofthe BOard.."(If OJrecto~,.af;,~ ."".
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IN TBSTlMDNY WHEREOP;'! bil~e hen:imtQSetIllY lumd aIliu4 .py Official ~ial.
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." .. ",'. CIlRTIJ:lCATlON:..... . "M~JConmu~S100/:'l'~i.res;J:loV::21,~fIO: ..,
" I, the Ulldersignoo oflicei",f~AT:IONAL'F!IlELITY 1NSIJll,ANCI1,~OMPANY.;ll<\ here~r cirtitJi.1bat! have _pared 1li~ fO';'going.<oj>j<<if1he ..;'i.
.; J;'pwer of A1tOmey llIld affi!blyi~.and me ~OPy of..file Se'tl~n.bfthe:By-LalVs of "'!,d C~"P~l1Y as,~ forib in $.1ll p_' of Attorney, with the ORlGll'l1\,l,-S O.~. .,
IN TIlE HOME'l?lW1CB OF ~ COMP~NY. and that dte samenare terrect tr~~pts thereof~l.and of 1be: Who~'jjf the S81d''Origlna1s. ,and ~at the siid.~~wer
of AttorJ;ley has not bee.u !\tioked and is now m full force and .affect ' .
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Signature
Ef,~enfYlm7JI. II .i?-~jec -I mrlnCJG~
BID PROPOSAL FORM
Project No. 2007-079
BID DATE: October 1,2007
PROJECT: Gibson Avenue Stormsewer Construction
PROPOSAL SUBMITTED BY:
!-IEy1- I LLC-
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good faith,
without collusion or connection with any other person or persons bidding for the same work, and that it is
made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the
invitation to bid and request for bid, all the requirements of the bid documents including the plans and
specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees
to keep this bid open for Six-tv (60) consecutive calendar days from the date of bid opening.
The Contractor agrees that construction shall start immediately following a mandatory pre-construction
conference held by the Engineering Department, which also constitutes the Notice to Proceed.
Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor
will finish construction within the time specified in the Special Conditions of this contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to
the City, to waive any informalities or to reject any or all bids.
The City hall not pay the Contractor for defective work and/or for repairs or additional work required for
successful completion of the project. All work not specifically set forth as a pay item in the bid form
shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid for the various items of work. Prices shall include all costs in connection with
furnishing the proper and success completion of the work, including furnishing all materials, equipment
and tools, and performing all labor and supervision to fully complete the work to the City's satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must be removed
immediately and replaced properly at no cost to the City.
-
All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis
for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City.
The basis of payment shall be the actual amount of materials furnished and work done. The Contractor
agrees
CC1-971.doc
Page 64
-CC1
~..
to make no claims for damages, anticipated profit, or otherwise on account of any differences between the
amount of work actually performed and materials actually furnished and the estimated amount of work.
The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid
unit price and up to plus or minus Twenty Five (25) Percent ofthe total bid.
1 hereby acknowledge receipt of ADDENDUM(s) numbered
through
ESTIMATED QUANTITY LIST
Cost
Item Unit
No. Descrintion of Work Untt Quantitv Price Cost
01 MobilizationtDemobilization LS 1.00 30 DCD .2.,.., ODD. OD
Traffic Control (Including safety barricading, sign age, <+5r-nr.
02 notifications) LS 1.00 4'5,000. ...
03 Demolition Items:
Site orotection, erosion and dust control LS 1.00 ~ !:50D .Q 5eo. "0
Saw cut existing asphalt mat for storm sewer and curb &
gutter construction - full deoth (4" +/-) LF 974.00 5..... 4- 270. co
Remove and diSDose curb & outter retum LF 7.00 ~"" /75. ....
Remove and dispose asphaltnavement SF 2934.00 .:3.50 /0 <9..(,.'1. OD
Rotomill asphalt pavement, 'h half street for "Tee Top" \. So
overlap and overlav pavino SF 2435.00 3,(."S~.50
Unclassified excavation - new 18" RCP storm sewer line CY 510.00 1511."" 11'0 SgO.'"
04 Imorovements:
Fumish and install new 18" RCP storm sewer line (Includes
placement of bedding materials, backfilling with ABC class- G:,l
5, and compaction) LF 392.00 1'57."0 SY4.oo
Furnish & Install 4' Diameter Manhole (per olans & details) Each 2.00 9.'5cO.<<> 17 CY::X::J.00
Furnish and install drainage inlet, includes excavation,
base prep with ABC c1ass-5, backfilling and compaction
(per plans & details) . Each 1.00 (." .r::ro &:, tt:o. ""
Modify existing drvweli7Der-olans & details) Each 1.00 5000 5" 000....
Connect storm sewer line to existina manhole #4 Each 1.00 7. "DO 7.,,>=."0
5" thick HMA patch - storm sewer trench and C& G toe
trench . SF 2934.00 t;,."" I, c.o'-l.oo
Prep sub-base, install 8" layer of one inch diameter
crushed screened rock wrapped in traffic rated geofabric
under curb & Dutter (per plans and details) LF 130.00 1'2.... ~ 3'+0....
Construct curb and oetter (oer clans and details) LF 130.00 .;l.'S.00 "3 ~SO. 00
2" thick HMA Davin-o overlav, gr",ding "SO or "SX" SF 5844.00 ,. iD ID 51'1. Ol.o
Site restoration and cleanup LS 1.00 12.~ 1"2.,500.00
-
~
/HteEE. IIUAJ~D ;IoVen-fy -J HDf.}S~";t> -
/HREE f.lVIJD~6 7;ji(€J; bO//Jf/2$ /ttJO Si:vl!!I\JT'j
$ $
TOTAL BID IN NUMBERS: 3.;2.0, 3D3. 7D
L'eI\.lTS .
CC1-971.doc
Page 65
**CC1
Total Bid in Words:
1 acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been
reserved by the owner.
A"'mi'" Offi='~ ~ Ko<3D<T &-<c""O, Titl" cEo" / I' hJ
Full name signature: ~ _~
Company address: J-IE:LY j LLc... (;,5 bD Coun-ly ,ed.
N~ CA5T/~ J ec,
33.5
2/6't 7
Telephone number: 970 - 9';Lf- 3~OLf
Fax number: 970 - '73'1- 3Lj05
Attested by:
,
Subcontractor & Material Suvvlier List
Name: (;,e,.f./lJD V/.,nc.:t-;on P,'P!
Address: c:J.2b'X.-L - "70 . 8"'s/JlKSS Lao!,
Service or Product: Rc.../J 91- p~O'/-s/
'170-
, Phone #: ,QJ/5 - '/30/
GlI!.lM'b J~.,f.;t>" I CD 'is'/5ooz....
LA;= Fi f<<;. E.
Address: ,i7'JLJ Covmy Rd. /01
Service or Product: 4.JJr-e.J,!.Jf:
Name: CI'I.AN[) RllJ5~ CorlS-Jrveh'DI'l
Address: 2/7 ~/oeAdj) live Glen'<.ZC)d
Service or Product: ASiJ~L +- - j-I Mil
,
G/enw~~J S;OrJ":Js .'
970-
,Phone#: 9'15-77/3
. 70'1- '1'i?=
Co
8/ {,of
Name:
;'70 -
, Phone #: 'IS - 77S;t?
~,e,Nj5 , CD
~('o/
Name:
Address:
CO
~3o
G /Iff t5/!.P'" / S 55
d I Jz... f!.oA.d &;el/n,;! 0IN1.c-h"y/ .' Co
/ I&II'"F/c- c',.,~L
970 -
, Phone #: Ol'ltll- 0"" 'I
g l.s'os
-
Service or Product:
Page 66
-CC1
CC1-971.doc
Name: il7 ()unTI'I/A/ JIll lie.; ('0/1 h-,qc.!-;nq
/ -
Address: (;05 I<J. dS.... Sf. GunI J;.,,,,JioYl : Cb
Service or Product: :Ro.ft:,,..,;// A.yJhIl-L-t
970-
, Phone #: CJ'IS - I '9D
'il/fSDS
Name:
, Phone #:
Address:
Service or Product:
-
CC1-971.doc
Page 67
-CC1
October 15t 2007
-
Robert Bercher
Hey1, LLC
6560 County Rd. 335
New Castle, CO 81647
RE: City of Aspen Project 2007-079 Gibson Avenue Stormsewer
Dear Mr. Bercher:
Thank you for your bid submittal for the City of Aspen project 2007-079 Gibson
Avenue Stormsewer. Hey1 LLC is the apparent low bidder for this project.
Please review and sign three copies ofthe City of Aspen's Construction Contract, then
return it to the City of Aspen Engineering Department 130 South Galena Street, Aspen
CO 81611, along with your certification of insurance, payment and performance bonds.
When dating the above documents be sure all dates, on all the documents, are the same
and the insurance policy reflects the requirements of the specifications. Please return all
the documents at the same time in the same envelope.
Upon receipt of the Contracts, the project will go before City Council to be executed.
Once this occurs one fully executed original will be returned to you.
Should you have any questions please call me at (970) 544-3143.
74t1~
4 :: ~hristOff, ElT
Project Manager
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3.1 TECHNICAL TERMS & SEPCIFICA TIONS:
3.1.1 GENERAL
Technical terms and specifications, are intended to specify and provide additional description,
clarification, or conditions that are applicable to this Contract. These Special Conditions
represent a short-form outline of the more complete Technical Specifications, referenced or
contained, in the Contract Documents
3.1.2 STANDARDS USED
The Special Conditions delineate the measurement and payment for each item listed in the
bid proposal form and shall comply with the following appropriate construction standards:
a) For street improvements, subsurface construction, trenching, bridges,
culverts, storm sewer system and flood control facilities, pedestrian
facilities, traffic control - The order of precedence shall be Local Government Design
& Construction Standards, latest revision or practices, and then, Colorado Department of
Transportation's Standard Specifications for Road and Bridge Construction, or as modified in
these Special Conditions.
b) For Sanitary Sewer utility systems -
specifications, latest edition.
Local utility owner's standards &
c) For Water Distribution systems - Local utility owner's standards &
specification, latest edition.
d) For material testing - ASTM and/or corresponding AASHTO, latest edition.
e) For Traffic Control Devices - MUTCD, latest Edition.
f) Other utility systems - Industry Design and Construction Standards
referencing installation, testing, shallow and deep subsurface construction and
restoration practices.
Any conflicts between these Standard Specifications and the provisions herein shall be
resolved by the Engineer. The responsibility for performance of the utility systems not
regulated or established by the local government shall be taken by the utility agencies listed
above.
3.1.3 PAYMENT UNDER UNIT BID ITEM
The unit bid price without exception, for all work items shall include but not limited to the
following work performance requirements:
. Supply of trained labor, equipment and materials
"-., . Delivery and pickup
. Manufacturer's or supplier's material certification test(s) and reports
. Material placement, compliance and acceptance re-testing, both field & laboratory
Contract Documents - Short Version
Page 30 oj 35
. Obtaining and maintaining Insurance coverage(s), permits and licenses
. Performing construction field surveys, staking and distributing survey cut sheets by a
Colorado Licensed Professional Land Surveyor (CPLS)
. Production of the post-construction As-Built plans and details as outlined in the Engineering
Department's standards (for drafting and plan contents) by a CPLS in the following
packages:
One set of mylar sheets, sealed, signed and dated
One set of electronic drawings in ".dwg" file format for use with "Auto Cad" program
in a version maintained by the Engineer. The electronic file of drawings must not be
compressed.
Non-conforming As-Built plans will not be accepted.
. Tax payments, profit and overhead expenses, administration, clerical, misc. expenses
. Cost of secured storage space(s)
. Cost of complete in-place installation, site restoration to original or better condition
. Detailed daily site restoration to original or better condition, to the satisfaction of the Owner.
The Owner intends to award the work as one contract, which will consist of complete Bid
Proposal Form. The Owner further intends to award the Contract to the lowest responsible and
responsive Bidder within the limits of the funds available and to best serve its interests. The
conforming workmanship will be the basis for acceptance of work and payment to Contractor.
3.1.4 BACKFILLING & EMBANKMENT - COMPACTION REQUIREMENTS
This work shall comply with the acceptance criteria listed in this paragraph.
. Compact fill materials to following minimum densities at optimum moisture content based
on ASTM or AASHTO as shown on the Drawings or as follows:
1. Structure fill under all concrete structures: 95% of standard proctor
density.
2. Backfill beneath or within 5 horizontal feet of existing or proposed
structures, pavements, roadways, sidewalks, curbs, utility lines or
other improvements: 95% of standard proctor density.
3. Backfill within public or other designated rights-of-way: 90% proctor
density or as shown on the Drawings.
4. Backfill within undeveloped, green or undesignated area: 80% of
proctor density.
SUBMITTALS:
The required submittal including sieve analysis results of the selected import backfill, concrete
mix, Hot Mixed Asphalt, Emulsified Asphalt for prime coating and tack coating, and all other
construction material certification reports must conform to the requirements of the standards
listed above. Contractor's report(s) must be prepared by a certified materials laboratory in
Colorado.
........
3.1.5 SUBGRADE TESTING
Testing will be performed at the interval of 2 tests per 100 LF of length of street or road. For
sections of less than 100 LF, at least two (2) density tests will be performed. Proof Rolling
tests may be performed at the discretion of the Engineer in addition to gage density testing.
Contract Documents - Short Version
Page 3/ aJ35
3.1.6 CEMENT CONCRETE PAVERMENT
Testing will be performed on each day when the total amount of concrete placed for project
work exceeds 3 cubic yards. Testing will consist of measuring the ambient temperature,
material temporature, entrained air, slump and casting of at least four (4) cylinders for
compression testing at 72 hours, 7 days, 14 days, and 28 days.
Concrete type(s) shall be as called for on the construction plans and details, per COOT's
designation with the following conditions:
Fiber mesh additive: Y, to % pound per cubic yard
Fly ash additive (not a substitute for cement content): Up to 10% of the cement
content by weight. This additive must be non-retardant and shall not slow the
curing process of the concrete at required strength and time. Concrete must gain
at least 80% of its required compressive strength within seven (7) consecutive
calendar days of it's placement. Contractor shall be subject to liquidated damages
due to slow curing of the concrete work items.
_ Minimum concrete compressive strength must be 4,000 pounds per square inch.
3.1.7 ASPHALT CONCRETE:
Density tests will be performed at the interval of 2 tests per 100 LF of length. For sections of
less than 100 linear feet, at least two (2) density tests will be performed.
3.1.8 MOBILlZATIONIDEMOBILlZATION
This work item is measured and paid on a pro-rata basis as explained in the General
Conditions of this Contract. A maximum of 50% of this pay item is processed with the first
monthly pay estimate to cover the costs associated with multiple mobilizations and/or re-
mobilizations for the entire project including change order(s), if issued, and the balance is
processed with the last pay estimate as demobilization cost. The contractor shall not be
entitled for any additional payment for mobilizations, re-mobilizations or de-mobilizations at
various work site locations in this project.
3.1.9 TRAFFIC MANAGEMENT
For the safety of the public and Contractor, the work under this bid item includes setup,
enhancement, upgrades and enforcement of a complete traffic control plan for all ROW
segments to be improved under this contract by a Certified Traffic Control Supervisor
(TCS) at a minimum, and subject to approval of the Engineer. Payment for this work item
shall include advance notification of the property owners and public via news media releases
and public announcements, placement of proper barricades, signs, warning lights both
flasher and steady-burn types, information panels, electronic arrow panels, electronic
message panels, temporary pavement marking, flagger(s), TCS, setup, maintenance,
protection, replacement of damaged device and discharged batteries, and adjusting the
number of channeling devices and signs as necessary to maintain safe traffic flows for the
duration of this project. The traffic control plan and selected devices and signs shall be
....... based on the MUTCD, latest Edition. Measurement and payment shall be on a pro-rata
_ basis and for the duration of the project including time extensions granted by the Owner. No
additional payments will be made to the Contractor.
Contract Documents - Short Version
Page 32 of 35
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3.1.10 DUST ABATEMENT
During the performance of the work required by these specifications or of any operations
appurtenant thereto, the contractor shall furnish all the labor, equipment, materials, and
means required, and shall carry out proper and efficient measures wherever and as often as
necessary to eliminate nuisance and to prevent fugitive dust which has originated from
his/her operations. Contractor must avoid damaging dwellings caused by air born dust that
can also become a nuisance and health hazard to persons. The contractor shall be liable for
any damage resulting from dust originating from his/her operations under these
specifications. This work shall be considered subsidiary to the construction bid items in this
contract and must be performed at contractor's cost.
-
3.1.12 "REMOVAL" WORK ITEMS
The construction bid items under "Removal Category" shall consist of furnishing all other
miscellaneous items in addition to requirements of Article 3.1.3, for the removal and
satisfactory disposal or abandonment in place of all fences, signs, structures, old and existing
pavements of any kind and thickness, roads, sidewalks, curbs, gutters, retaining walls and
other unwanted obstructions not specifically listed here. The unit price bid shall also include
salvaging of designated materials and backfilling the resulting voids including, trenches, holes,
and pits as required in Article 3.1.6. Measurement and payment shall be based on the nearest
tenth (1/10) of the unit bid item.
3.1.12.1 UNCLASSIFIED EXCAVATION
Unsuitable subsurface materials are measured based on information available during the
design of this project. If encountered however, muck, unstable or unsuitable materials,
building debris, landscaping beds and materials, tree sumps, abandoned utilities (manhole,
vaults, conduits, pipelines, inlet boxes, drywells, etc.), septic or leach fields, structural debris
or foundations, or machines, etc,. shall at the discretion and direction of the Engineer be
excavated and removed. Removal of such material shall be to the depth and horizontal limits
specified in construction plans. Hauling and disposal of the removed materials and debris to
a Contractor secured site, including dumping fees, must be included in the unit bid price.
Backfilling and compaction will be performed as described in Backfilling and Compaction, or
other method as selected by the Engineer. Measurement and payment to contractor shall be
based on the nearest tenth (1/10) cubic yard accepted by the inspector. No payment shall be
made beyond the plan limits unless requested by the Owner in writing.
3.1.12.2 BACKFilLING OR EMBANKMENT
As shown in the plans and details backfilling or embankment must be placed in layers not
exceeding 8 inch maximum thickness and must be compacted to 95% of the AASHTO's
Standard Proctor density. All embankment or backfilling material must be aggregate base
course, gradable and compactible as classified in Table 703-2, Class-4 through Class-7 in
CDOT's Standard Specifications for Road & Bridae Construction. latest edition.
Measurement and payment shall be to the nearest 1/10 cubic yard accepted by the
inspector.
-
3.1.12.3 SAW CUTTING
The work for this bid item shall also include full depth cutting of materials to be removed in a
neat straight line acceptable to engineer. The cost overruns for extended work caused by
--
Contract Documents - Short Version
Page 33 of 35
shallow depth cuts or sloppy line cuts shall be absorbed by the contractor. Measurement and
payment shall be up to the nearest 1/10 linear foot of actual cut acceptable to the Engineer.
-'I.Jo~,-_p
3.1.12.4 "Reset" Bid Item
Resetting of a work component in a bid items in this project shall include new hardware, sign
pole sleeve, conduit, pole base, valve box riser, manhole ring and/or new flange & lid, and all
other support materials not listed but are necessary to perform a complete operational re-
installation or placement of all "Reset Items" called in the plans and details included in this
project.
3.1.12.5 Erosion and Sediment Control
Erosion and sediment control at construction sites must at least conform to applicable
provisions of CDOT's M&S Standards "M-20B", published in October 2000. Contractor must
obtain a Colorado State erosion control permit prior to start of work for all work construction
sites exceeding one acre in size.
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.. "',..~
Contract Documents - Short Version
Page 34 of 35
.....~".
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CITY OF ASPEN
Construction & Excavation
Standards
for
Wark in the Public Right-af-Way
Gibson Ave Storm-Short Ver-1
Contract Documents - Short Version
Page 35 af 35
Construction and Excavation Standards for Work in the Public-Rights-of-Way
,~"
__ Table of Contents
I. Purpose
11. Location of Facilities
A. General
B. J\bove-groUU1dStructures
C. Underground Access Structures (Vaults and Hand-Holes)
Ill. Construction Standards
A. General
B. Pavement Removal
C. Boring
D. Excavation and Backfill
E. Repairing Streets
F. Sidewalk, Curb, and Gutter
G. Driveways
H. Landscape J\reas
I. Street Closures
J. Traffic Control
K. Pedestrian Access
IV. Restricted Rights-of-Way
J\ppendix
Exhibit A- Utility Boundary Areas
Exhibit B - Testing Requirements
Exhibit C - Approach to Street Repairs
Exhibit D - Example of Lane Closure, Traffic Control Setup
Exhibit E - Restricted Rights-of-Way Map (main and core highlighted)
Exhibit F - Minimum Street Sections
Exhibit G - Sidewalk, Curb, Gutter, and Valley/Cross Pan Specifications
Exhibit H - Driveways/Alleys
.
Construction and Excavation Standards for Work in the Public-Rights-of-Way
~
I. Purpose
This document establishes the minimum construction and excavation standards for
all work in the public right-of-way. All proposed work subrnitted for approval
under Title 21 of the city of aspen rnunicipaI code shall conform to the criteria set
forth herein.
","""
Version March 2007, pg. 2
......'".
,-
'~
Construction and Excavation Standards for Work in the Public-Rights-of-Way
II.
Location of Facilities
A. General
1. The location of all facilities within the public right of way shall comply
with the details and specifications shown on the construction plans
approved by the city engineer or designee.
2. It is city policy to discourage the placement of utility lines and other
facilities within landscaped areas unless there is no other reasonable
location for the placement of such lines and facilities.
3. The utility alignment shall not vary greater than eighteen inches (18")
plus 112 of the diameter of the proposed conduit from the approved
design horizontal alignment or thirty-six inches (36") plus V2 of the
diameter of the proposed conduit frorn the approved design vertical
alignment without prior city engineer approval.
4. The entire conduit shall be contained within the described tolerance
range. If a variance in the approved alignment which exceeds the
acceptable alignment tolerance as defined above is required to clear a
conflict, the permittee shall, prior to proceeding:
a) Notify the city engineer or designee within twenty four (24) hours
of identifying the conflict.
b) A city inspector rnay approve the variance in the field. Once a
variance is approved by the city, it shall become the approved
alignment. A city inspector shall be on site during the variance work.
5. If the designed alignment conflicts with other facilities not shown on the
approved plans, the permittee shall submit an alignment rnodification
request and the change shall be approved by the city engineer or
designee prior to proceeding.
6. All underground cables and wires shall be placed within a conduit sleeve
and have a warning ribbon placed in the trench eighteen (18) inches
above the utility.
7. All underground installations shall have a minirnurn of thirty inches
(30") of cover below the roadway surface.
8. The permittee's proposed facilities shall be located outside the restricted
areas as defined by Exhibit A.
B. Above-ground Structures
1. A detailed plan shall be required for all above-ground structures. The
plan shall show dimensions of the cabinet, base, and proposed location.
Version March 2007, pg. 3
Construction and Excavation Standards for Work in the Public-Rights-of-Way
...,'<~,";,'
2. A permittee shall locate all above-ground structures outside the public
right-of-way within a private easement on the property being served.
3. All above ground-structures on private property shall be screened with
landscaping while maintaining minimum access c1earences, as approved
by the city engineer or designee. Existing above-ground structures shall
be exempt from this requirement.
4. The location of above-ground structures shall not interfere with sight
distance requirernents for intersecting streets and access drives.
5. Above-ground structures shall be located to minimize the aesthetic
impact to the landscape.
C. Underground Access Structures (Vaults and Hand-Holes)
-,
1. Underground access structures shall be placed in line with the utility
alignment. Horizontal adjustments to accommodate underground access
structures are discouraged and shall only be permitted when conditions
warrant at the city engineer's discretion. The p1acernent of each access
structure shall require field approval prior to pIacernent.
2. The minirnum separation between access structures shall be five hundred
feet (500'). An exernption to this provision shall be granted by the city
engineer if the following criteria are rnet:
a) The access structure is required to provide service to a building or
a custorner within a building;
b) The width of the property frontage does not allow t~perrnittee to
rneet the minimurn separation requirernent while still providing
service at a reasonable cost;
c) The permittee has no access structure already located within one
hundred feet (100') of the boundaries of the property to be served;
d) Other conduit owned or leased by the permittee is not available for
the perrnittee's use; and
e) Options to provide service to the building from other directions are
not reasonably available to the perrnittee. In no case shall an
exemption granted pursuant to this section authorize access
structures to be separated by less than two hundred fifty feet (250').
3. Access structures shall be placed a rninirnurn of fifty feet (50') from any
intersection, unless otherwise approved by the city engineer or designee.
4. The maximum size of an access structure and access lid shall be the
rninirnum necessary for the facilities being installed, as determined by
the city engineer or designee. In making its deterrnination, the city
'-'.'...
Version March 2007, pg. 4
Construction and Excavation Standards for Work in the Public-Rights-of-Way
""'""-........
engineer or designee shall consider any information submitted by the
permittee to justify the size of the access structure or access lid.
5. Access lids located in landscaped areas shall be buried in mulch, rock
beds, or sod, unless otherwise approved by the city engineer or designee.
6. Access lids placed in sidewalks shall be flush with the existing surface
and capable of being filled with like material.
7. All access lids within travel lanes shall be placed outside of the wheel
track as defined in Exhibit C.
8. Access lids shall be placed at an elevation of +0 inch to -3/8 inch relative
to the surrounding pavement surface.
III. Construction Standards
A. General
'<,-.. -
1. Testing, in compliance with the city's testing schedule, which is attached
hereto as Exhibit B, shall be performed by an independent testing
company acceptable to the city engineer or designee, and results shall be
provided to the city engineer or designee within two (2) working days of
completion of testing and prior to the next phase of construction. For
example, a subgrade test is required prior to asphalt placement.
2. Any damage not documented during the pre-construction inspection
shall be repaired by the permittee at the sole expense of the peremittee.
3. Utility markings shall be limited to the boundaries of the construction
area and shall be removed by a method approved by the city engineer
within forty-five (45) days of the completion of work.
4. A permittee shall advise the city engineer or designee at least forty-eight
(48) hours in advance of the date work will be started and shall notify the
city engineer or designee at least twenty-four (24) hours in advance if this
date is changed or cancelled. Inspections required on the permit shall be
scheduled by permittee at least twenty-four (24) hours in advance.
5. Each permittee shall utilize erosion and sediment control measures to
prevent erosion and degradation of water quality.
6. The city shall restrict any work within the public right of way from
November 15 to April 1.
7. Each permittee shall maintain its work site so that:
a) Trash and construction materials are contained and not blown off
the work site.
b) Trash is removed from a work site often enough so that it does not
become a health, fire, or safety hazard.
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Version March 2007, pg. 5
Construction and Excavation Standards for Work in the Public-Rights-of-Way
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8. Each permittee shall utilize its best efforts to eliminate the tracking of
mud or debris upon any street or sidewalk. Streets and sidewalks shall
be cleaned of mud and debris at the end of each day. All equipment and
trucks tracking mud and debris into a public right-of-way shall be
cleaned of mud and debris at the end of each day or as otherwise
directed by the city engineer or designee.
9. Backhoe equipment outriggers shall be fitted with rubber pads or other
like protective material whenever outriggers are placed on any paved
surface. Tracked vehicles that may damage pavement surfaces shall not
be permitted on paved surfaces unless specific precautions are taken to
protect the surface. The permittee shall be responsible for any damage
caused to the pavement by the operation of such equipment. Should the
permittee fail to make such repairs, within three (3) days, to the
satisfaction of the city engineer, the city may repair any damage and
charge the permittee pursuant to Section 21.12.270 of the Aspen
Municipal Code.
10. As the work progresses, all public rights-of-way and other property shall
be cleaned of all rubbish, excess dirt, rock, and other debris, at the sole
expense of the permittee.
11. No permittee shall disturb any surface monuments, property marks or
survey hubs and points found on the line of work unless prior approval
is obtained from the city engineer. Any monument, hub, or point which
is disturbed by a permittee shall be replaced by a Colorado Registered
Land Surveyor at the sole expense of the permittee.
12. Each permittee shall provide employee and construction vehicle parking
so that there is limited parking in the neighborhood adjacent to the work
site. Permittee shall obtain parking permits from the parking department
for construction parking. There shall be no parking on sidewalks or
unpaved portions of city right of way.
13. Each permittee shall provide necessary sanitary facilities for workers, the
location of which shall be approved by the city engineer or designee and
set forth in the permit.
14. For major installations, a permittee shall locate all parallel dry facilities
within forty two inches (42") plus V2 of the diameter of the proposed
conduit and all parallel wet facilities within seventy eight inches (78")
plus V2 of the diameter of the proposed conduit. The location of parallel
facilities shall be field verified by locate potholes, unless the locate
potholing causes pavement disturbance in an adjacent travel lane that
otherwise would be undisturbed. The location of existing facilities,
including lateral crossings, which may affect the proposed facility
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Version March 2007, pg. 6
Construction and Excavation Standards for Work in the Public-Rights-of-Way
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alignment shall also be field verified by locate potholes. Wet facilities
include water, sewer, and gas; and all other facilities shall be considered
dry facilities.
15. As-built drawings shall be required for all work involving changes to
finish grade of streets, curbs, gutters, and sidewalks. All as-built
information shall be provided by the permittee to the city in a format
acceptable to the city engineer or designee, and approved by the city
engineer or designee prior to use of the facility.
B. Pavement Removal
1. All asphalt pavement cuts shall be in straight lines. Irregular shaped cuts
with more than four (4) sides or cuts within existing patches shall not be
allowed. All cuts shall be rectangular in shape, and edges shall be
parallel or perpendicular to the flow of traffic.
2. In order to provide straight edges, all asphalt pavement cuts shall be cut
by saw cutting, rotomilling, or another approved method which assures
a straight edge for the required depth of the cut.
3. Asphalt pavement cuts shall be such that no longitudinal joint lies within
the wheel track.
4. Concrete pavement shall be removed and replaced from existing panel
joints only.
C. Boring
--
1. To minimize the impact to traffic and the right-of-way infrastructure, the
city engineer encourages boring rather than open trenching.
2. Upon completion of the boring, the permittee shall certify that all storm
and sanitary sewer service lines to adjacent properties have not been
damaged by the boring in a signed affidavit in a form acceptable to the
city engineer.
3. If the permittee's boring results in disturbance to other utilities or
facilities in the public right-of-way not described on the approved plan
the permittee shall immediately contact the owner of the damaged utility
or facility so that the owner may make any necessary repairs. The
permittee shall provide the city engineer written notice that the owner of
the damaged utility or facility has been informed.
4. Waste material from boring shall be contained within the work site and
shall not be allowed to discharge onto private property, curb, gutter,
roadway, or any other city right of way.
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Version March 2007, pg. 7
Construction and Excavation Standards for Work in the Public-Rights-of-Way
D. Excavation and Backfill
1. Excavation
a) All trench excavation shall be made by open cut to the depth
required to construct the facility and provide adequate bracing of
trench walls. All excavation, trenching, shoring, and stockpiling of
excavated materials shall be in strict compliance with the applicable
Occupational Safety and Health Administration (OSHA) rules and
regulations. The permittee shall furnish, place, and maintain all
supports and shoring required for the sides of the excavation, as to
prevent damage to the work or adjoining property.
b) The length of an open trench shall be limited to the amount of pipe
or conduit that can be placed and backfilled in a single day. However,
in no case shall the length of the open trench exceed one hundred feet
(100') unless otherwise approved by the city engineer or designee. No
open trench shall be left unprotected overnight.
c) A maximum of two (2) excavations shall be open at any time for
access structure installation and conduit splicing, unless otherwise
approved by the city engineer or designee.
d) Only material that will be hauled or backfilled within one (1) day
shall be stockpiled in the public right-of-way and must be approved by
the city engineer or designee. The city engineer or designee, in
conjunction with all affected city agencies, shall approve all proposed
construction staging areas.
e) All open excavations shall be properly barricaded, according to
current MUTCD guidelines, to protect vehicles and pedestrians.
f) Current field moisture and density test results (taken within forty-
eight (48) hours of the scheduled construction date) for top one foot (1')
of subgrade shall be provided to the city engineer or designee prior to
placing forms. If any lift of the top one foot (1 ') of subgrade does not
meet moisture or density requirements, then the material shall be
scarified, wetted and re-compacted accordingly. If subgrade requires
stabilization, the method shall be approved by the city engineer or
designee prior to proceeding.
"""~"~"
2. Backfilling
a) Controlled Low Strength Material (CLSM)
i. Excavations that are less than 100 cubic yards in volume,
within the roadway pavement may be backfilled with
controlled low strength material (flow able fill).
Version March 2007, pg. 8
Construction and Excavation Standards for Work in the Public-Rights-of-Way
11. Controlled low strength material shall consist of a controlled
low strength, self-leveling material composed of various
combinations of cement, fly ash, aggregate, water, and
chemical admixtures. It shall have a design compressive
strength between 50 to 150 psi at twenty-eight (28) days when
tested in accordance with ASTM 4832. The mix shall result in a
product having a slump in the range of seven inches (7") to ten
inches (10") at the time of placement. The permittee shall
submit the mix design for approval by the city engineer or
designee prior to placement.
111. The maximum layer thickness for CLSM shall be three feet (3').
Additional layers shall not be placed until the backfill has lost
sufficient moisture to be walked on without indenting more
than two inches (2").
iv. If excavation under an emergency situation, occurs during the
time of November 15th through April 1 ", the top twelve (12)
inches of the excavation will be filled with high strength (>150
psi) flow able fill. The permittee shall replace the flow able fill
patch with a permanent asphalt patch per these standards,
after A prill".
b) Select Backfill
i. In cases where CLSM is not used, COOT standard Class 6
backfill shall be placed in maximum eight-inch (8") loose lifts
and compacted. All construction involving excavation and
backfill shall meet CDOT Standard Specifications for Road and
Bridge Construction, current edition, ("CDOT Standard
Specifications") Section 203.
ii. The permittee shall provide compaction testing for all backfill
work per the Minimum Testing Requirements table in Exhibit
B. Each lift not tested in accordance with the testing frequency
and lifts required may be rejected by the city engineer or
designee.
iii. Excavation and backfill shall be accomplished on the same day
in order to minimize impact to the public right-of-way. In
instances where the city engineer or designee determines that
this cannot be accomplished, the permittee shall submit a plan
for approval by the city engineer or designee showing how
traffic will be handled around the work zone.
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Construction and Excavation Standards for Work in the Public-Rights-of-Way
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c) Bridging Plates
i. Substantial bridging, properly anchored and capable of
carrying the legal limit loading, in addition to adequate trench
bracing, shall be used to bridge across trenches at street
crossings where trench backfill and temporary patches have
not been completed during regular working hours. Safe and
convenient passage for pedestrians and access to all properties
shall be maintained.
ii. The bridging plate shall be secured to the pavement with
anchored pins so that it does not slip. The bridging plate shall
extend over supporting pavement by a minimum of one foot
(1 ') on all sides. Cold mixed asphalt shall be ramped a
minimum of two feet (2') in the travel direction.
iii. The use of bridging plates shall not be allowed from October
1" till April 1". Use of bridging plates shall only be allowed
with the prior approval of the city engineer or designee.
iv. The permittee's design engineer shall certify in writing the
suitability of the plates for the specific use by the permittee.
E. Repairing Streets
1. Asphalt Pavements
a) The minimum patch dimensions shall be two feet (2') beyond each
side of the trench or excavation but shall not extend into an adjacent
undisturbed lane or cross the street center line.
b) The longitudinal edges of the patch shall not fall within the
existing wheel tracks as defined in Exhibit C. If the extent of the
patch falls within the wheel path, the patch shall extend to the full
width of the lane.
c) Prior to placing the permanent patch, the existing pavement shall
be sawcut to a neat straight-line, square to the travel lane.
d) A tack coat shall be applied to all edges of the existing pavement
prior to placing the patch. After placing the new asphalt, all seams
Goints) between the new and existing pavements shall be sealed with
an asphalt tack coat or rubberized crack seal material.
e) Asphalt mix shall be CDOT, S mix (3/4 inch). Patch back areas
greater than one hundred twenty square feet (120 SF) shall require the
""'.....
Version March 2007, pg. 10
Construction and Excavation Standards for Work in the Public-Rights-of-Way
",.~'
submittal and approval of a mix design to the city engineer prior to
placement.
f) Compaction shall be between 92% and 96% of AASHTO T 209.
Average compaction of less than 92% of AASHTO T 209 shall be
cause for rejection.
g) Compaction equipment shall be capable of compacting comers and
edges of patch.
h) Hot bituminous patches shall be placed in two compacted lifts.
The first lift will extend two inches (2") below the bottom of the
existing pavement and two inches (2") below the top of the existing
pavement. The top lift shall be two inches (2") "teed" into existing
pavement as shown in Exhibit F.
i) Patches shall also have a cross slope section consistent with the
design of the existing roadway.
j) A cold mix asphaltic material may only be used as a temporary
patch and the cold mix material shall be approved by the city
engineer.
k) Temporary or permanent asphalt patches shall be placed within
twenty four (24) hours of trench backfilling. Whenever permanent
patches are not constructed within twenty four (24) hours following
trench backfilling operations, temporary pavement patches consisting
of a minimum of three inches (3") of hot or cold plant mix or steel
plates must be placed to provide the required number of paved travel
lanes. Temporary pavement patches may be left in place for a
maximum of five (5) working days following completion of
backfilling operations unless otherwise approved by the city engineer
or designee.
I) The permittee shall monitor temporary patches on a daily basis and
temporary patches exhibiting ruts, humps, or depressions shall be
repaired or replaced immediately.
m) A permanent hot patch shall be made within five (5) days after the
area is open to traffic, weather permitting.
n) If final patching is not completed within the specified time, no non-
emergency permits shall be granted to the permittee until all
outstanding work is completed.
0) Upon completion of the permanent patch, the surface shall be
thoroughly compacted, smooth, and free from ruts, humps,
depressions, or irregularities. When a straightedge ten feet (10') long
is laid across the permanent patch parallel to the centerline of the
street and in a direction transverse to the centerline, the surface shall
Version March 2007, pg. II
Construction and Excavation Standards for Work in the Public-Rights-of-Way
~"h-".
not vary more than 1/4 inch from the lower edge of the straight edge.
Patches exhibiting deviations greater than 1/4 inch shall be replaced
prior to acceptance of the patch. If the existing street exceeds the
above tolerances, then the patch shall be equal or better than the
condition of the surrounding pavement. In most cases, and
particularly in the cases of extensive excavation and repairs, it is
desirable to survey the existing pavement condition with a
representative of the city prior to the work. After completion of the
work, survey the pavement condition again to verify that the
pavement condition has been maintained or improved. In the case of
minor repairs, these pavement surveys can be made by visual
observation.
,#"..~
2. Restoration of Locate Potholes
a) Locate potholes shall not be located within the wheel track of a
travel lane as defined in Exhibit C.
b) All locate potholes in the pavement section shall be cored with a
circular coring saw with a maximum diameter of ten inches (10"). The
plug shall be carefully removed without causing damage.
c) Excavations for potholes shall be backfilled with controlled low
strength material (flowable fill) only. Native material removed shall
not be used to backfill the hole.
d) The removed pavement shall be replaced by one of the following
methods as directed by the city engineer:
i. The full depth section or the top three inches (3") of
pavement of the removed original core shall be replaced
and grouted with a high strength, quick set epoxy or
mortar, as approved by the city engineer, such that the
surface is flush with the surrounding pavement; or
11. The pavement shall be patched with hot mix asphalt of
similar aggregate size to the surrounding pavement and
compacted in maximum three inch (3") lifts with a
"pogo stick" compactor capable of fitting into the core
hole such that the surface is flush with the surrounding
pavement.
e) A city inspector shall be on site during the repair of all locate
potholes. The city engineer may waive this provision if the contractor
demonstrates competent performance of the repair.
f) Where possible, locate potholes shall be located under existing
pavement marking and such marking replaced in kind at the
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Version March 2007, pg. 12
Construction and Excavation Standards for Work in the Public-Rights-of-Way
........
completion of the repair to camouflage the pavement disturbance. If
the permittee requests, city crews may install the new pavement
markings at the sole expense of the permittee.
g) Initial locate potholes may be temporarily repaired, meeting all
applicable safety requirements, for no more than thirty (30) days
unless additional time is authorized by the city engineer or designee
in writing. Initial locate potholes may be reused during construction.
3.
Concrete Flatwork
a) Concrete material and placement shall be CDOT Class D, with 4500
psi compressive strength.
b) Weather protection shall be provided in compliance with CDOT
Standard Specifications Section 601.
c) Permittee shall schedule a form inspection and obtain approval
prior to pouring.
d) Damaged concrete pavement shall be removed and replaced as a
full panel section with dowels set into adjacent panels in compliance
with COOT M&S Standards.
e) Damaged flatwork and curb and gutter shall be replaced in full
sections from existing contraction joints. Partial section replacement
shall not be permitted.
f) Concrete removed adjacent to asphalt pavements shall be sawcut
along the abutting edge prior to removal in order to remove without
damage to the pavement. The sawcut edge shall not be used as a form
for the new concrete. Temporary formwork shall be placed along the
sawcut edge in the desired alignment. The top edge of the replaced
concrete section shall be straight and true without warping or
irregularity. After the formwork is removed, the gap shall be filled
with asphalt. Damage caused to the edge of the asphalt pavement
shall result in the assessment of a restoration for asphalt resurfacing
per Section n.
g) subgrade elevation shall be brought up to +/- 0.1 foot of final grade
per plans, with approved materials prior to placing forms.
h) No water shall be placed on concrete surface to assist finishing.
i) Variations of concrete surface shall not exceed 1/8 inch in ten feet
(10').
j) Liquid membrane curing compound shall be placed in compliance
with CDOT Standard Specifications Section 412 at a rate to
completely coat all exposed concrete surfaces.
Version March 2007, pg. 13
Construction and Excavation Standards for Work in the Public-Rights-of-Way
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F. Sidewalk, Curb, and Gutter
1. Permittee shall be responsible for repairing sidewalk, curb, or gutter
damaged from work activities of permittee.
2. Permittee shall be responsible for installation of new sidewalk, curb, and
gutter per city code 21.16.030, and for repair of sidewalk, curb, and gutter
per city code 21.16.080.
3. Sidewalks must be constructed with 4 inch thick concrete and must have
4500 psi compressive strength within 28-day maximum curing period. 80
percent of this strength must be achieved in 7days following placement
of concrete. Sidewalk width varies based on the land uses. The
following minimum widths must be complied with:
a) Residential area: 5' -0"
b) High density and multi family Area: 6'-0"
c) Commercial Area: 8' -0"
Sidewalks must be placed next to the property lines in order to provide
an adequate landscaping and snow storage buffer behind the curb
gutters and travel paths.
4. Extenuating circumstances may require the premittee to take steps to
mitigate the impacts of sidewalk construction to trees, other vegetation,
and/or drainage.
S. Specifications for the design of sidewalk, curb, and gutter are contained
in Exhibit G.
_.0-"
G. Driveways
1. Location and number of driveway(s) per lot are determined by city code
21.16.060. Driveways servicing property without a garage shall be no
greater than ten (10) feet wide. Driveways servicing a single-stall garage
shall be no greater than ten (10) feet wide. Driveways servicing a two-
stall or greater garage shall be no greater than eighteen (18) feet wide.
2. Where curbs exist or are required, driveways shall be paved for their full
width from curb to property line.
3. Where a driveway crosses a sidewalk, the sidewalk shall be increased to
a minimum of six (6) inches of concrete.
4. There shall be a minimum of twenty five (25) feet between any two ( 2)
curb cuts whether on one (1) or more properties, except common
driveways may be used on adjoining properties. Distance between curb
cuts will be such as to maximize the amount of on-street parking.
Version March 2007, pg. 14
Construction and Excavation Standards for Work in the Public-Rights-of-Way
S. Further specifications for the design of driveways are contained in
Exhibit H.
H. Landscape Areas
1. Excessive, unnecessary disturbance to landscaping and other existing
improvements may result in a stop work order until repairs are made to
the satisfaction of the city engineer or designee.
2. Landscape restoration shall be completed within two (2) weeks of
completion of work at each site, weather permitting.
3. Irrigation shall be maintained throughout construction to ensure that no
landscaping is affected during the construction phase.
4. A permittee shall work with adjacent property owners to coordinate any
construction activity that disrupts adjacent property owners'
landscaping.
S. Existing trees and landscape:
a. All trees growing in the public right-of-way must be shown on the
plans. If requested, it will be determined if the trees may be removed as
part of the redevelopment project. The City of Aspen must approval a
tree removal permit with required mitigation plan prior to approval and
issuance of a permit.
b. A vegetation protection fence shall be erected at the drip line of each
individual tree or groupings of trees remaining on-site during the
improvements. No excavation, storage of materials, storage of
construction backfill, storage of equipment, foot or vehicle traffic allowed
within the drip line of any tree on site. This fence must be inspected by
the city forester or his/her designee (920-5120) before any construction
activities are to commence.
6. Tree Permit and landscaping in the right-of-way permit:
a. Permits must be issued prior to any tree planting, pruning or
removal.
b. Failure to obtain a permit prior to installation of landscaping
improvements will result in a fine and the possibility of removal of to-
date work.
7. Tree Species:
The following are some of the recommended street trees:
,""...
Box Elder
Autumn Blaze Maple
Norway Maple
Green and White Ash Varieties
Version March 2007, pg. 15
Construction and Excavation Standards for Work in the Public-Rights-of-Way
'"-
Cottonwood (when historically appropriate)
Spring Snow Crabapple (fruitless)
Thorn less Cockspur Hawthorn
Mountain Ash
Japanese Tree Lilac
Unless otherwise authorized by the City Forester, the following species
and types of trees and woody plants shall not be planted or allowed to
grow upon public street rights-of-way within the City of Aspen unless in
existence prior to January 1, 1990.
a. Most of the poplar species (Populus sp. ), including but not limited to
Aspen, Silver Poplar and Lombardy Poplar.
b. Any of the Willow species (Salix sp.).
c. The Silver Maple tree (Acer negundo).
d. The Siberian (Chinese) Elm (Ulmus pumila).
e. Any weeping or pendulous type tree (i.e. Weeping Birch).
f. Any tree with bushy growth habit which cannot be maintained to a
single leader or trunk.
g. Any shrub or hedge which by its habit of growth would obstruct,
restrict, or conflict with necessary and safe use of the public rights-of-
way.
h. Any Coniferous Tree including but not limited to Pine, Spruce, Fir and
Juniper.
i. No plant material which would eventually exceed 36" in height will be
allowed within the vision triangle of any intersection. Contact the
Engineering Department or reference the Standards guide for more
information on the vision triangle.
-,,.
8. Regulations pertaining to spacing of trees to be planted on public rights-
of-way
To ensure trees have adequate room to grow and for public safety
reasons, plans are approved based upon the following spacing
Version March 2007, pg. 16
Construction and Excavation Standards for Work in the Public-Rights-of-Way
..
requirements:
a. Unless otherwise authorized by the City Forester, all newly planted
street trees shall be planted midway between the sidewalk and the curb,
when available at least 3 feet from back of curb. Most trees, unless
authorized by the City Forester, shall be planted on 15 to 20 feet over
center from the adjacent trees, deicated by the availabel space with in the
improved right-of-way.
b. No trees will be planted closer than 5 feet to any driveway or alley, nor
shall it be planted in such a manner that eventual growth cannot be
reasonably maintained so as to avert interference with, or obstruction to,
any improvements installed for the public benefit such as traffic and
street signs and lights, fire hydrants, overhead utility wires, street lights,
utility poles, etc.
c. At edges of streets where a space of less than 3 feet in width exists
between the curb and the abutting private property line, no trees or
woody plants shall be planted on the public area, unless approved by the
city forester.
d. Where the combination sidewalk-curb and gutter have been installed,
no tree plantings are to be made closer than 5 feet from the edge of any
concrete installation.
9. All trees planted with in the City ROW inside of a hard surface parkway
must design and install the trees with in a tree trench. Tree trench specs
are available from the City Parks Department. These specs allow for the
planting of trees and proper structural soil for side walk installation,
pavers, driveways, etc.
10. All landscaping plans must be approved by the city of aspen parks
department.
11. Prior to probationary acceptance by the city engineer, the permittee shall
provide a letter from each property owner adjacent to the work site
stating that all landscaping has been restored.
12. Any additional landscaping required for screening above-ground
structures shall be coordinated with and approved by the adjacent
property owner responsible for landscape maintenance.
'"',..,.~
Version March 2007, pg. 17
Construction and Excavation Standards for Work in the Public-Rights-of-Way
";..,
1. Street Closures
1. Street closures are not permitted(city code 21.12.120). However, the
engineering department may permit lane closures. When lane closures
are permitted, the applicant must:
a) Verify the closure specified on the permit with the Engineering
Department, School District, and the Roaring Fork Transit Authority
(RFTA) at least one week in advance.
b) Notify Aspen Communication Center at 920-5310 one day prior to
closure and the time of re-opening.
c) Set and maintain, at applicant's expense, necessary barricades,
flashers, construction signs, and flaggers; and take all necessary
precautions in accordance with the Manual on Uniform Traffic
Control Devices (MUTCD).
d) Complete the work between 7:00 a.m. and 7:00 p.m., Monday
through Saturday, unless approved otherwise by the Environmental
Health Department for work activity outside the specified time frame.
J. Traffic Control
'<,."
1. When it is necessary to obstruct roadways or pedestrian ways, the
permittee shall submit traffic control plans, in compliance with the
MUTCD, showing all work and including the following information:
a) Each lane closure scenario, including work zones for locate pothole
work.
b) Lane configurations and access locations specific to the actual work
zone.
c) Any upstream intersections within five hundred feet (500') of the
work zone, showing all impacted inbound lanes to the intersection.
d) Pedestrian route detours showing the nearest crossing intersections
at each end of the work zone.
e) Proposed hours of operation of each traffic control setup.
2. All traffic control plans shall be prepared under the supervision of a
certified Work Site Traffic Control Supervisor. Documentation of
certification shall be submitted with the traffic control plan(s).
3. Lane closures shall be permitted in the commercial core and main street
corridor only between 9:00 a.m. and 3:00 p.m. Monday thru Friday.
4. When planning construction phasing and developing traffic control
plans, the permittee shall make every effort to minimize the impact to the
motoring public and maintain the capacity of the roadway system. The
Version March 2007, pg. 18
Construction and Excavation Standards for Work in the Public-Rights-of-Way
~.
city engineer may require that a traffic control plan be modified to
comply with this requirement.
S. When the traffic control plan requires the modification of any traffic
signal timing plans, the permittee shall notify the Colorado Department
of Transportation (CDOT) to coordinate the re-timing of the signal. All
costs associated with such work shall be borne by the permittee.
6. All signs and devices shall conform to the Manual on Uniform Traffic
Control Devices. The devices and signs shall be clean, legible, properly
mounted and meet a quality standard rating of "acceptable" per the
requirements of American Traffic Safety Services Association (ATSsA)
Quality Standard for Work Zone Traffic Control Devices (copies
available from the city). All signs and devices used for night operation
shall meet the retroreflective requirements of CDOT Standard
Specifications Section 713.04.
7. No permittee shall block access to any private property, fire hydrant, fire
station, utility structure, or any other emergency response equipment
unless the permittee provides the city engineer with written approval
from the affected agency and/or property owner.
8. When necessary for public safety and when required by the city
engineer, the p~rmittee shall employ flag persons, whom are certified, to
control traffic around or through the work site.
9. The permittee shall be responsible for maintaining all work area signing
and barricading required throughout the duration of work. During non-
work hours, all signs that are not appropriate shall be removed, covered
or turned around so that they do not face traffic.
10. Any deficiencies noted by the city engineer or designee shall be corrected
immediately by the permittee. If the permittee is not available or cannot
be found, the city engineer or designee may make the required
corrections and charge the cost thereof to the permittee pursuant to
Section 21.12.120 of the city of aspen municipal code.
11. The proposed phasing of construction and length of the active work zone
shall be submitted by the permittee to the city engineer for review and
approval. Permittees shall make every effort to minimize the impact to
the use of the public right-of-way and adjacent properties. The city
engineer may require that the permittee modify the proposed
construction phasing in order to minimize the impact during
construction.
.'''I;h''
Version March 2007, pg. 19
Construction and Excavation Standards for Work in the Public-Rights-of-Way
'-
K. Pedestrian Access
I. Pedestrian ramps must be installed at intersections for all new
construction or reconstruction of curb gutter and sidewalk. Pedestrian
ramps for streets with curb gutters must be constructed at all
intersections with sidewalks and curb returns in accordance with the
details at the end of this section. Pedestrian corridors at street
intersections having functional classification as Residential, Local,
Collector, Arterial or any heavily traveled corridor, must have directional
crossing ramps. Avoid design and placement of diagonal ramps. Height
of the curb in front of the ramp section must be depressed to flow line
elevation (no lip), see Exhibit G. Bike path ramps follow the same design
approach; the only change must be the width which will match the width
of the bike path.
,,",..
-
Version March 2007, pg. 20
Construction and Excavation Standards for Work in the Public-Rights-of-Way
"""
IV. Restricted Rights-of-Way
Those public rights-of-way in and around the streets listed on the hereto attached
Exhibit E shall be subject to Section 21.12.090 of the city of aspen municipal code.
~
Version March 2007, pg. 21
Construction and Excavation Standards for Work in the Public-Rights-of-Way
,~
.......-
Exhibit A
ROW
Authorized location of
Proposed Facility
(typical)
Restricted
Area
3' for d
. . .
. . .
\',1 to' for wet utility!
?"f"m~ I-~ I
./.......~-_....~.~........\ !
\~' for dry utilW-
} !
utility
10' for wet utiiity
L
18" acceptable alignment
deviation area (typical)
,~.> ..'
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../
i
./,.
~.. ..... ~.....~'
3'
...------.....--------'
e
3\for dry utility j
.~ -:
e
Construction and Excavation Standards for Work in the Public-Rights-of-Way
'-'..."
EXHIBIT B
City of Aspen Engineering Department Minimum Testing Requirements
ALL TESTING TO BE PERFORMED PER CURRENT CDOT STANDARDS
ITEM TYPE OF TEST MINIMUM FREQUENCY
All excavation backfill - Moisture/Density I per l50 I ineal ft., and within 2 ft. of all
gas, elec., water, storm & (Compaction Test) structures; minimum 2 tests per lift
san. sewer, cable TV,
phone, etc.
Inlets/structures
Concrete testing Rebar Inspection VisualIDocumentation
Air and Slump 1 st 3 loads, every 5th load thereafter
Cylinders I set of 4 per 100 yds3, or fraction thereof
Soil testing MoisturelDensitv (Compaction) minimum 2 tests per lift
Sidewalk, Curb 8?
Gutter MoisturelDensity (Compaction) 1 per 150 lineal ft., minimum. 2 tests per
Soil testing lift
Proof-roll All subgrade
Concrete testing Air and Slump First truck.
Every 50 yds3 after first truck.
Cvlinders I set of 4 oer 50 vds3, or fraction thereof
Roadway
Subgrade testing Moisture/Density (Compaction) I per 300 lane feet, min. 2 tests per lift
Proof-roll All subgrade
Base course testing MoisturelDensity (Compaction) I per 300 lane feet, min. 2 test per lift
Gradation/ Atterberg limits 1 per 500 tons
Proof-roll All base course
Concrete testing Air and Slump 1st 3 loads, if pass, I per 50yds3
Slump Every load
Cylinders I set of 4 per 50 yds3, or fraction thereof
Asphalt testing Density I per 300 lane feet, min. 2 tests per lift
Extraction/Gradation, Marshall I per 500 tons
Cores for thickness/density As directed by the City only, if directed
then 3 per lOOO lane feet, or fraction
thereof.
Construction and Excavation Standards for Work in the Public-Rights-of-Way
EXHIBIT C Approach to street repairs.
Existing pavements should be removed to clean, straight lines parallel and
perpendicular to the flow of traffic. Do not construct patches with angled sides and
irregular shapes. If the extent of the patch falls within the wheel path, the patch shall
extend to the full width of the lane.
II0T ACCEP'TAIIL&
ACc:e1'TABLE
.
Avoid patches within existing patches. If this cannot be avoided, make the
boundaries of the patches coincide.
HOT ACCEPTABLE
~
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ACCEPTABLE
. ..JJii;;:<ft
'~
.......t<o".........
Do not "leave" strips of pavement less than one-half (112) a lane in width from the
edge of the new patch to the edge of an existing patch or the lip of the gutter.
NOT ACCEPTABLE
ACCEPTABLE
I
In concrete pavements, remove sections to existing joints in the case of concrete in
good repair. In damaged concrete, the limits of removal should be determined in the
field by a representative of the city engineer.
NOT ACC&PTUL.
J_.
ACCIPTMLI
Construction and Excavation Standards for Work in the Public-Rights-of-Way
Asphalt and concrete pavements should be removed by saw cutting or grinding.
A void breaking away the edges of the existing pavement or damaging the remaining
pavement with heavy construction equipment.
~
NOT ACCPTQL.
..'...
'.
'.
..........
ACCPTA.U
---
-.
>'
. .
-'-
-'.
In the case of a series of patches or patches for service lines off a main trench,
repair the pavement over the patches by grinding and overlay when the spacing
between the patches is less than seventy-five (75) feet (in cases where the existing
pavement is in poor condition and may require overlay within the next few years, this
requirement may be modified or waived by the city engineer).
NOT ACCEI'TAllLe
NOT ACC!rTABL..!
;>-.....
0.._""
NOT ACCE,TABLI
11'~'ooi!IJ.d"~
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ACCPTABLe
ACCEI'T-.E
Q,...lI&OWNy
ACCliPTABLIi
tn'~,.""III,'lI..,
.
--
~1Ii\....'i-
Transverse patches on arterial and collector streets shall be overlaid across the
entire street width for a distance of two (2) feet minimum on all sides of the trench.
Construction and Excavation Standards for Work in the Public-Rights-of-Way
...
NOT "CCEPTABLE
ACCEPTABLE
Patches should have a smooth longitudinal grade consistent with the existing
roadway. Patches should also have a cross-slope or cross-section consistent with the
design of the existing roadway.
NOT ACCEfF'I'ABLE
8. c'..s.~...,.
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ACCEPTABle
~ Cf'OS'..P+
htoll- --.,...
When the proposed excavation falls within ten (10) feet of a section of failed
pavement, the failed area shall be removed to sound pavement and patched.
NOT ACCEPTAIlLE
Le"tIY..t'
.,.~~~~
~,~
ACCEI'TAIIUi
..~
-.
-',
Avoid frequent changes in width of patches. For future maintenance, this
simplifies removal of adjacent pavement failures.
MOT ACC!I'TAIIU!
",..,........
ACCZI'TABU!
Construction and Excavation Standards for Work in the Public-Rights-of-Way
~ .. - .. - .. - :
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Wheel track diagram
...
12'
(t)'1')
9'
-
1\'"
(typ~
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r
-:
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: (1)1")
I
Lane Stt1pmg: or edge of
a....e-ment
~.'heel Trackl
Lip of gutter or edge of
3yement
Kot~s:
. The 9-foot wheel track template \\ill be
entered on the actual lane layout.
2. Pa\"~lllent cuts shall be such that no
ongitudinal joint lies within the wheel track.
3. All access lids and locate potholes within
tnIYellanes shall b~ placed outsid~ of the
~-h~ell1-ack.
Construction and Excavation Standards for Work in the Public-Rights-of-Way
Exhibit D _ Component Parts of a Temporary Traffic Control Zone
t It I
01
o I
I
I
I
I
I
I
I
I
I
"~he
TRAFFIC SPACE ~
ALLOWS TRAFFIC I 0
TO PASS THROUGH I
THE ACTIVITY AREA
I
1
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+(.
LATERAL BUFFER.
SPACE I..
I
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TERMINATION AREA
LETS TRAFFIC RESUME
NORMAL DRIVING
100'
DOWNSTREAM
WORK SPACE IS
SET ASIDE FOR
WORKERS & EQUIPMENT
ACTIVITY AREA
IS WHERE WORK
TAKES PLACE
1
LONGITUDINAL
BUFFER SPACE
PROVIDES PROTECTION
FOR TRAFFIC AND WORKERS
TRANSITION AREA
MOVES TRAFFIC OUT
OF ITS NORMAL PATH
~
ADVANCE WARNING AREA
TELLS TRAFFIC WHAT TO
EXPECT AHEAD
1
Construct'
Exhibit E _ Restricted IO~ and Excavation
~. RIghts-of-Way
ill 'U..~aJ" -::=-
Standards f W .
or ork m the Public-R' h
Ig ts-of-Way
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Construction and Excavation Standards for Work in the Public-Rights-of-Way
Exhibit F - Minimum Street Sections
STREET FUNCTIONAL FULL DEPTH SECTION COMPOSITE SECTION
CLASSIFICATION (DEEP STRENGTH PAVEMENT) (MINIMUM PAVING SECTION)
- ALLEYWAY NOT REQUIRED 3" CDOT S MIX (SINGLE LAYER) ON WELL
- COMMON ACCESS COMPACTED NON-EXPANSIVE GRAVELBASE
- PAVEMENT APRON
- RESIDIENTIAL 5" CDOT S MIX (3" BASE LAY 4" CDOT S MIX (2" BASE LAYER + 2" TOP
ER + 2"TOP LA YOR) ON 6" LA YER) ON 6" LAYER OF IMPORTED 8.
LA YER OF SCARIFIED 8. COMPACTED CRUSHED AGGREGATE BASE
RECOMPACTED NON-EXPANSIVE COURSE CLASS-6 OVER NON-EXPANSIVE SUB-
GRA VEL BASE BASE
- COLLECTOR 5" CDOT S MIX (3" BASE LA 4" CDOT S MIX (2" BASE LAYER + 2" TO
- LOCAL YER + 2"TOPLA YOR) ON 8" P LAYER) ON 6" LAYER OF IMPORTED 8.
LA YER OF SCARIFIED 8. COMPACTED CRUSHED AGGREGATE BASE
RECOMPACTED NON-EXPANSIVE COURSE CLASS-6 OVER NON-EXPANSIVE SUB-
EXIST. BASE BASE
- ARTERIAL 6.5" CDOT S MIX (4" BASE 5" CDOT S MIX (3" BASE LAYER + 2" TO
LAYER + 2.5"TOP LAYOR) ON I P LAYER) ON 10" LAYER OF IMPORTED AND
2" LAYEROF SCARIFIED 8. COMPACTEDCRUSHED AGGREGATE BASE
RECOMPACTED NON-EXPANSIVE COURSE CLASS-6 OVER NON EXPANSIVE SUB-
EXISTING BASE BASE
".,-
bisti"'1 Pavement
HMA 2" thick fee fop.IB" Overlap
HMA~" M,nimum ,"ickness
first lift e,!:ends 2" bekNl e>i5tl"'1 pavement
/Ir-"C Cl--6 in l-ifts
Not.w ~'ceed B" or
flc>ll fill
Utilib.jC",dutl.
Not.e5:
I. bisti"'1 pavement shall be saovcut in full depth and in a neat stralq.,t line as shc>lln. 5aovcutti"'1 must occur
after backfill i"" and before pavi"".
2. 5I:ress cracki"" of e>lsti"" pavement malj OWl" duri"'1 e,cavati'" for a vari~ of reas__, If this occurs.
the contrada must saovcut at leat 12" be40nd the limit of vlSi~e cracks and remove and replace all
stressed pavement.
? Hot. bituminaJs patch shcJl be a minlfTUJm of 1" fuick and placed in furee lifts as shc>lln.
4. for e,cavati"'s q-eal:er fuan 100 cubic uards. backfill for trench and base for patch shall c",form to
wor 5 "1I1"e~al:e base CaTse class 6 ( NX Cl- -6) desi~nati'" and shcJl be ccmpaded w 9':7 % of
modified proctor densitu within 2% of optimum mo"wre as defined bu 16fM 1':7':71 MetJ.1od "c" for
e,cavatil>15leS5 fuan 100 cubic uards. and rot. wtl:hin ar1.I alle4. contrded Ic>II strerlC\l;h mal:erial or fic>ll fill
ma4 be used for backfill and base for patch and shaJld c",form w WOf 5pecificati'" 206.02 (a),
':7. Beddi"'l for fie>lble lines shcJl ~e crushed screened rock. free of fines,
6, french bot.tcm must be sC3'ified and reccmpac!:ed after e""avati'" or after "'" dewal:eri"'1 acti'" w
e"",re ade~ual:e support of utilib.j bedd,"'1'
I?raovn b4:CAf Approved b\1: AJi
fNiAlNffRINiA I?fPPRrMfNi
ClfY Of ASPfN, COWRAl?O
a
r_--a..__-.
bhibtl.f,lofl
fNiA 210~
M,,-ch 2001
45'11
If
LRI" fj fj
I. 2-6" I
Runoff Co\\ectlnC1 Curb & lAutter
(Catch l~pe for l~pica\ rdqe of Street)
4"-r-1
r
L"RI"
\ .
J"
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.\
Runoff Conve~ inC1 Curb & LAutter
2"
~
J
L\
<1
5"
2"
2%
~
\1-611
( 5pilll~pe for Raised Medians)
Note: Concrete must. conform to CDOI Class I'DI' (minimum 2B-da~ compressive
strenqth of 4000 psi) ,BO% of t.his strenqth must. be qained in the first 1 da~s,
Drawn b~CAI
AppriNed b~: AJr
fNC1INffRINC1 t?fP ARiMfNi
rl1Y nr:: AC;rr:t\1 rnWI2At70
Q
bhiblt-IA, lof7
eNC1201-i
Ma-ch 2007
Varies With 7treet. Wi
A
24" (Ma
A
#4 Rebar 24" O.c.
Plan View
Curb Return
s"
24J
Note5:
I. Steel reinforcemert is =1+4 iArade 40 rebar placed a maximum of 24" O.c.
2. Rebar splices must mairrl:ain a 12" minimum overlap.
5. Base shall be eith~' crushed screened rocK or ABC Cl-6 compacted to 9:7 % of maximum
modified proctor densit4 within 2% of optimum moisture as defined b4 ASiM 1:7:71 Method "C".
4, Sub-base must be scarified and re-compacted and pass a proof rollinGj b4 a full 4 loaded tandum
axle dump truCK. Proof rollinGj must be witnessed and documented b4 t::nGjineerinGj Oepartmert staff.
:7. Concrete must conform to COOl class "0" (minimum 2B-da4 compressive strenq;h of4:700psi) .
BO% of this strenq;h must be Gjained in the first 1 da4s.
I'
B'2"
,1=1'
c
5"
24" (Max
2"
Non-corrosive support
( chair)
Scarified and Recompacted
SJb-base
-._"",,,,,,"
Section A - A
Drawn bwCAf Approved b4: AJf
t::Nc;INWcINc; OfPfRrMfNf
CItY Of A5PfN, COlORADO
Q~
,erurn5
bh,blt U 2 ri 1
fNc; 506-
March 2001
I..
A
. \
"'""
\ .
Varies with Street WidtL
2411 (Ma
24" (Ma
A
Plan View
=It 4 Rebar 24" O.c.
Notes:
I, Steel reinfcrcement is =lt4 c:1rade 40 rebar placed a maY-imum of 24" O.c.
2, Rebar splices must maintain a 12" minimum overlap,
5, Base shall be eith~1 crushed screened rock cr fiX Cl-6 compact.ed to 9S% of
maY-imum modified proctor densitlj within 2% of optimum moisture as defined b~ f6fM
ISS1 Method "el,
4, Sub-base must be scarified and re-compact.ed and pass a proof rollinCj b~ a full~ loaded
tandum ay-Ie dump truCK, Proof rollinCj must be wiwessed and documented b~ ~nCjineerinCj
t7 epartment staff.
S, Concrete must conform to Ct701 class 1t7" (minimum 28-da~ compressive strenCjl:J1
of4S00psi) ,80% of this strenCJth must be Cjained in the first 1 da~s,
5"
24" (May-
.I=f"
\ .
2"
Non-corrosive suppcrt
( chair)
..,
8" (Min)
t
Scarified and l'2ecompad.ed
Sub-base
'-,.
Section A - A
Drawn b4:CAf Arproved b4: All
~NC1INffI'2INC1 t7fPARfMfNf
CI11' Of ASP~N, COWI'2ADO
Ql
bnibit u :? of1
fNC1 501-
March 2001
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t?rawn b4:CAf ,Approved b4: AJI
fNCiINW<INCi DfP ARfMfNf
CIIY Of ASPfN, COlORADO
No Curb
'70' min
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2'7' (min)
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ay
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I. Drive ranp details ;:xc availiHe frem the E.nqineerinq
Depalmont as pa-t rf J-awi"'lset ENU 202-1.
2.A J-ivew"4 or cO+ rut '" a carrer lot shall be set back
a mlnil11Jm of nf't4 ('70) feet fr"" \Joe carrer.
:?1l1ere sMl be a mlnil11Jm of twenhi-f,ye ( 2'7) feet
between 314 two (2) ctrb cuts whether 01 or< (I) rr
ma-e prCf'erties, eu.:ept axnmGfl drivewaLl5 rTla4 be used
Cl1 adjOinit1C1 properties.
4.f11e rllmber 31d widl:J, of curb cuts frr \Joe different
'01i"'l distrds sI,al be as f "lows:
(I) In residential districts R-6. R-I'7. R-:?O.
R-40 a1tIl<R and in u"servatlO1 (0 DlStrd
tl1ere shall be allowed or< ( I) curb cut rf \en
( 10) feet. widt11 f rr each l1Jildlnq ?lle WItl1
si,lAj (60) feet rr Ie,,; fr~. for l1Jildlnq
sites witl1 over 5I,lAj (60l feet of fr~. \Joe
mrb cut shall be eitl1er \en (10) feet in WIdt11
for a 5I"'Ile J-ivewa4 or et;;/Uen (18) feet.
WIdt11 frr a d",l>o J-ivew"4.
(2) In districts Neie/1borhood C""mercia (NO.
5err,ce! C""merClal In,"str.. (51 c/ I).
C""mercia l.od,!, Ull. l.od,!,-One (l. -I) .
l.",,",,-fwo(l.-2).OfTice(Q) a1tI 0-2. 31d
Re5ldentd-Multiple famil4 (R-Mfl. each
l1Jild,"'l site shall be allowed ettl1er or< ( I)
clc/1tcen-foot wide wrb cut rr two (2) len-foot
wide curb cuts,
( :?) In ccmmercial diStrds CC and CI each l1J,IJi"'l
sile sMI be ..lowed or< ( I ) \en-foot wide curb
cut.
'7. No drlvew"4 rr curb cut sMI be "lowed 01 Stale
Hlo/1w"4 82 rr other desi'fl'l\ed alenal where pul>ic
alle4 access e~i5t5, a14thi~ to the cmU-3"4
rotwitl1stadlnq.
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hhibti:. H. I of:?
fNCi 20S7-
March 2001
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