Loading...
HomeMy WebLinkAbout5.0 Water Storage TankJEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 201 CENTENNIAL, SUITE 306D P.O. BOX 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 PHONE (303) 945-2550 FAX: (303) 945-1410 CONTRACT DOCUMENTS AND GENERAL AND CONSTRUCTION SPECIFICATIONS FOR THE LAZY DIAMOND A SUBDIVISION WATER STORAGE TANK 21 January 1992 Prepared by Jerome Gamba and Associates, Inc. Consulting Engineers and Land Surveyors Jerome F. Gamba, P.E. & L.S. 5933 LAZY DIAMOND A SUBDIVISION WATER STORAGE TANK INDEX TO DOCUMENTS Invitation to bid Instructions To Bidders Instructions 1 through Instructions 8 Bid Form Bid page 1, Bid Schedule 1-A t through Bid page 6 Agreement pages 1 through 9 Notice of Award 1 page 1 page 1 page Notice to proceed General Conditions Table of Contents General Conditions CONSTRUCTION SPECIFICATIONS 70,000 Gallon Water Storage Tank Record Drawings Restoration of Grounds pages i, ii, and iii pages 1 through 58 WST-1 through WST-5 RD -1 & RD -2 RG -1 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS INVITATION TO BID You are invited to submit a bid for the work of the LAZY DIAMOND A SUBDIVISION WATER STORAGE TANK as outlined herein. Sealed proposals will be received and opened publicly by Jerome Gamba and Associates, Inc., Consulting Engineers at their offices at 800 Colorado Avenue, Glenwood Springs, Colorado at 2:00 P.M. on Monday the 10th day of February, 1992, for the furnishing of all labor, materials and equipment necessary for the complete construction of the work called for in the plans and specifications for the LAZY DIAMOND A SUBDIVISION WATER STORAGE TANK. Final award of the bid is contingent upon final approval of the subdivision plat by Garfield County. It is anticipated that this approval will occur within a period of 90 days after the bid opening. The successful bidder will enter into a contract with the OWNER, and developer of the Lazy Diamond A Subdivision, Mr. Larry Axthelm for the work specified in these documents. Bid bonds and performance, payment and warranty bonds are not being required for this work. The contractor will be required to submit specified certificates of insurance before a notice to proceed is issued for the work. The work consists of the construction and painting of a welded steel 70,000 gallon water storage tank. The tank is to be constructed on a foundation provided by others. The work will be accomplished during the 1992 construction season. A pre-bid conference and site visit can be arranged by calling the Engineers at 303-945-2550. The OWNER reserves the right to reject any or all proposals or accept what is in his best judgment, the best bid. The proposal must be placed in an envelope, securely sealed therein and labeled: LAZY DIAMOND A SUBDIVISION WATER STORAGE TANK, FOR BID OPENING ON MONDAY, 10 FEBRUARY 1992 2:00 P.M. Bids may be submitted by mail with the bid envelope placed in another envelope and addressed to Jerome Gamba and Associates, Inc., P. 0. Box 1458 Glenwood Springs, Colorado, 81602. Federal Express, etc., should be sent to the street address of 800 Colorado Ave., Glenwood Springs, Colorado 81601. JEROME GAMBA & ASSOCIATES, INC, CONSULTING ENGINEERS & LAND SURVEYORS INSTRUCTIONS TO BIDDERS ENGINEER Jerome Gamba & Associates, Inc. 201 Centennial Suite 306D P.O. Box 1458 Glenwood Springs, CO 81602 OWNER Larry Axthelm 4264 County Road 117 Glenwood Springs, CO 81601 (2) PART 1 DEFINED TERMS. rs are 1.01 Terms used in these Instructions ioneo have ethe which meanings defined in the General assigned to them in the General Conditions. u e term "Successful Bidder" means the lowest, q responsible Bidder to whom Owner r(on the makes sen is of Owner's evaluation as hereinafter provided) rd. PART 2. COPIES OF CONTRACT DOCUMENTS. 2.01 Complete copies of the Drawings end Project Specifica- tions for use in preparing bids may be obtained from the Engineer, mailing address; Jerome Gamba As o is tes, Inc., P.O. Box 1458, Glenwood Springs, deposit sum listed in the Invitation bidding documents are non-refundable.Al l deposits for 9 2.02 Complete sets of Bidding Documents shall be used ir, preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretationsDresulting frothe use of incompletDocuments she llsets of nbe submitted gComplete sets of Bidding with the bid. Owner and Engineer in making copies of Bidding Documents 2.03 for the purpose available on the above terms do so only of obtaining Bids on the work and do not confer a license or grant for any other use. PART 3. QUALIFICATIONS OF BIDDERS. 3.01 Each Bidder must be prepared to submit written evidence of his qualifications to perform the Work as set forth in Part 17 of this Instructions to Bidders. Bidders may e required to submit evidence that they have a practical knowledge of the particular Work bid upon, and that they have the financial resources to complete the proposed Work. 3.02 Each Bid must contain evidence of Bidder's qualification to do business in the State of Colorado. Irirrtrurt1c.nn 1 PART 4. EXAMINATION OF CONTRACT DOCUMENTS AT SITE. 4.01 Before submitting a Bid, each Bidder is advised to (a) examine the contract Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the work; (c) familiarize himself with Federal, State, and local laws, ordinances, rules, and regulations smthat may in any manner affect cost, progress, or performance of the work; (d) study and carefully correlate Bidder's observations with the Contract Documents; and (e) attend the pre-bid conference and site visitation described in Part 6 herein. 4.02 On sufficient advance request Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. 4.03 The lands upon which the work is to be performed, rights-of-way for access thereto and other helands designated for use by Contractor in performing k are identified in the Supplementary Conditions or the Drawings. 4.04 Access to the site may be arranged through the Owner by Telephone contacting Jerome Gamba & Associates, Inc., 303-945-2550. Site access will be limited to normal working hours and to pre -arranged times. 4.06 The submission of a Bid will constitute an incontro- vertible representation by the Bidder that he has complied with every requirement of this Article 4 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. PART 5. INTERPRETATIONS. 5.01 All questions about the meaning or intent of the Contract Documents are to be submitted to Eng ender in wrQuestions Replies will be issued only by to the date of received less then five (5) days prior opening of Bids will not be answered. Only answers to questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Addenda will be mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. No Addenda will be issued later than four (4) days prior to the date for receipt of Bids except an Addendum, if necessary, postponing the date for receipt of Bids or withdrawing the request for Bids. must 5.02 All Addenda in the space provided oto the Contract n the BideForm�erly acknowledged T not ruc-t i nne PART 6. F'RI;-BID CONFERENCE. 6.01 A pre-bid conference will be held at the time and place indicated in the Invitation to Bid. The representatives of Owner and Engineer will be present to answer questions. Any questions which, in the opinion of the Engineer, cannot be answered by direct reference to the Bidding Documents will be answered by formal written Addenda as outlined above under Interpretations. the pre-bid conference will include a tour of the site of the work, conducted by representatives of Owner and Engineer. All interested parties are invited to attend. All contractors who w reeh to bid as bral conferences are encouraged to be present at the pre-bid PART 7. BASIS OF BIDS. 7.01 The Bidder shall submit bide for all alternates, if any, listed on the Bid Form. PART 8. BID SECURITY. 8.01 Bid Security shall be made payable to Owner, in an amount of ten percent (10%) of the Bidder's maximum Bid Price, including alternates, if any, and in the form of a Cashier's Check or a Bid Bond on form attached issued by a surety meeting the requirements of the General Conditions. 8.02 The Bid untility of the such Bidder has executed three Bidders executed theAgreement and retained furnished the required Contract Security, whereupon they will be returned; if the Successful Bidder fails to execute end deliver the Agreement and furnish the required Contract Security within ten (10) days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the "effective date of Agreement" (which term is defined in the General Conditions) or the thirty-first day Bid opening. Bid Security of other Bidders will be returned within seven (7) days of the Contract award. PART 9. CONTRACT TIME. 9.01 The number of days within which, or the date by which the the Contract work sto be Bid Form and willbebe included in the ise) the intheAgreement. PART 10. LIQUIDATED DAMAGES. 10.01 Provisions for liquidated damages, are set forth in the Agreement. T 1 trurtior a PART II. SUBSTITUTE MATERIAL AND EQUIPMENT. 11.01 The Contract for materials and equipment, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor and is acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions which are supplemented in the Supplemental Conditions. PART 12. SUBCONTRACTORS. 12.01 The Bid Form requires the identity of certain Subcon- tractors and other persons and organizations Suto be submitted as part of the Bid. The app Bidder, and any other Bidder so requested, will within seven (7) days after the date of the Bid openingsubmit to Owner an experience statement with pertinent information as to similar projects and other evidence aof qualification for each such Subcontractor, person organization if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, either may (before giving the Notice of Award) request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid Price. If the apparent Successful Bidder declines to make any substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for sacrificing Bid Security. Any Subcontractor, other person r organization so listed and to whom Owner or Engineer g ne r does not make written objection prior to the giving Notice of Award will be deemed acceptable to Owner and Engineer. PART 13. 13.01 13.02 BID FORM. One copy of the Bid Form is included herewith; additional copies may be obtained from Engineer. Bid Forms must be completed in ink or by typewriter. The Bid Price of each item on the form must be stated in words and numerals; in case of a conflict, words will take precedence. Tr1ntrunt_iana 4 13.03 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 ted by the secretary or an assistant secretary. corporate address and state of incorporation shall be shown below the signature. 13.04 Bids by partnerships roust be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 13.05 Bids by joint ventures shall be signed by each partici- pant in the joint venture or by an authorized agent of ench participant. 13.06 The names of all persona signing must also be legibly printed or typed below the signature. A bid by a person who affixes to his signature the word "president", "secretary", "agent" or other designation without disclosing his principal may be held to be the Bid of the individual signing. Evidence of the authority of the person signing shall be furnished. 13.07 The full name of each person or company interested in the Bid shall be listed in the Bid Form. of 13.08 The Bid thell contain numbersan of whichrshallmbetreceipt all Addendainserted on the Bid Form. 13.09 No alterations in Bids, or in the printed forms therefor, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, Owner may require the Bidder to identify any alteration so initialed. No alteration in any shell bed/ made or ineft r form the the onwhichit has been submitted, submitted. 13. 10 The address to which communications regarding the Bid are to be directed must be shown. PART 14. SUBCONTRACTOR LISTING. 14.01 Each Bidder shall list on the form provided, the name and the address of each subcontractor who will perform work or labor, or render service to the Bidder in or about the work, or a licensed subcontractor icates under and installs subcontracta to the Bidder, specially portion of the work, in an amount in excess of $10,000.00, and the portion of the work which will be performed by the subcontractor. 7nntrurtions 5 PART 15. EQUIPMENT SUPPLIER LISTING. 15.01 Each Bidder shall list on the form provided the name of the manufacturers or suppliers of the items of equipment and systems which he proposes to furnish. Upon the award of a contract, the named equipment shall be furnished. Substitutions will be permitted only if named equipment does not meet the specifications or the manufacturer is unable to meet delivery requirements of the construction schedule. 15.02 15.03 Preliminary acceptance of equipment listed by manu- facturer's name shall not in any way constitute a waiver of the specifications covering such equipment; final acceptance will be based on full conformity with the specifications covering the equipment. Failure to furnish all information requested may be cause for iejection of the Bids. PART 16. SUBIMISSION OF BIDS. 16.01 Bids shell be submitted at the time and place indicated in the Invitation to Bid end shall be included in an opaque, sealed envelope addressed to Owner and identified on the outside with the Bidder's name and address and with the words "Bid for: " Lazy Diamond A Subdivision Water Storage Tank." 16.02 Each Bid shall be accompanied by the Bid Security and other required documents. 16.03 If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "BID ENCLOSED" on the face thereof. 16.04 Bids shall be deposited in the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or the modified time and date indicated by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 16.05 Oral, telephone, or telegraph Bids are invalid and will not receive consideration. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. Instructions 6 PART 17. POST BID/PRE AWARD SUBMITTALS. 17.01 To be considered further in evaluation, the three low bidders must submit the following information on the day following the Bid opening by 10:00 a.m. : A. List of a minimum of three recent similar projects the Contractor has performed. B. List of Project Managers and Superintendents to be used on this project for the General Contractor and all major Subcontractors. C. Names and telephone numbers of a minimum of three references on similar work for the General Contractor and all major Subcontractors. 17.02 Hand deliver the above information to Engineer. 17.03 The above information must be available at the time and place indicated to be considered in further evaluation, and therefore, all Bidders are recommended to compile this data prior to the Bid letting to avoid defaulting. PART 18. MODIFICATION AND WITHDRAWAL OF BIDS. 18.01 Bids submitted early may be modified or withdrawn by riby notice to the party receiving Bids at the place and p to the time designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder or be by telegram; if by telegram, written confirmation over the signature of the Bidder must have been mailed and postmarked on or before the date and time set for receipt of Bids; the notice shall be so worded as not to reveal the amount of original or modified id Price. Bidder may ay also be modified or withdrawn in personbY an authorized representative provided he canBidproveay his identity and authority. resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. PART 19. OPENING OF BIDS. 19.01 Bids will be opened publicly and read aloud. PART 20 BIDS TO REMAIN OPEN. 20.01 All Bids shall remain open for sixty (60) days after sthe e date of the Bid opening, but Owner may, in discretion, release any Bid and return the Bid Security prior to that date. Instructions 7 PART 21. AWARD OF CONTRACT. 21.01 Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive or conditional Bids. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 21.02 In evaluating Bide, owner shall consider the qualifica- tions of the Bidders, whether or not the Bids comply with the prescribed requirements and alternates (if any are accepted) in the order in which they are listed on the Bid Form but Owner may accept them in any order or combination. 21.03 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the Bid Form. Operating costs, ainance considerations, performance data and guarantees materials and equipment may also be considered by Owner. 21.04 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any icatB d and ato establish the responsibility, q financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 21.05 Owner reserves the eright tosreject uch the Bidnid oftany o OBidder r who does not passY satisfaction within the prescribed time. o be ner l 21.06 If the Successful Contractis sa tawarded, Notice of Awardwlgive within sixty (60)e days after the day of the Bid opening. construc\inatru-e. bid InntruCtions 8 BID FORM (3) TO: OWNER: PROJECT: LAZY DIAMOND A SUBDIVISION WATER STORAGE TANK LARRY AXTHELM 4264 COUNTY ROAD 117 GLENWOOD SPRINGS, CO BID SUBMITTED BY: Innovative Ironworks Contractor Name 0334 Ponderosa Drive Address Glenwood Springs, CO 81601 945-5560 945-8314 Telephone # None Fax # THE UNDERSIGNED BIDDER, having familiarized himself with the work required by the Contract Documents, the site where the work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the work, and having satisfied himself of the expense and difficulties attending performance of the work, HEREBY PROPOSES and agrees, if this Bid is accepted, to enter into Agreement in the form attached to perform all work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Agreement and the furnishing of tools, equipment, supplies, transportation, facilities, labor, superintendence and services required to perform the work; and insurance and submittals; and at Owners option, the furnishing of all materials and equipment required to be incorporated in and form a permanent part of the work; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor in accordance with the bid prices on the following bid schedule. Note: Following bid schedule pages shall be numbered 1-A, 1-B, 1-C as necessary. Bid Page 1 LAZY DIAMOND A SUBDIVISION WATER STORAGE TANK BID SCHEDULE PAGE 1-A NO.I ITEM DESCRIPTION 1 UNIT 1 UNIT PRICEI AMOUNTITOTAL PRICE ---1 I I 1 I construct, complete, 1 a 70,000 gallon lump $ 35,000.00 lump $ 35,000.00 water storage tank sum sum on the site prepared by others. Total price in words Thirty five thousand exactly dollars. JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGNEERS & LAND SURVEYORS Enclosed herewith is the required Bid Security, in the form of Cashier's Check/Bid Bond (strike one), in the amount of N/A Dollars ($ ) which the undersigned Bidder agrees is to be forfeited to and become the property of owner, as liquidated damages, should this Bid be accepted and a contract be awarded to him and he fails to enter into Agreement in the form prescribed and to furnish the required Bonds within ten (10) days, but otherwise the Bid Security will be returned upon his signing Agreement and delivering the Performance, Payment and Warranty Bond. In submitting this Bid it is understood that the right is reserved by Owner to reject any and all bids, and it is understood that this Bid may not be withdrawn during a period of sixty (60) days after the scheduled time for the receipt of bids. The undersigned Bidder hereby certifies (a) that this Bid is genuine and is not made in the interest of, or in the behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; (b) that he has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid; (c) that he has not solicited or induced any person, firm, or corporation to refrain from bidding; and (d) that he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. The full names and addresses of parties interested in this Bid as principals are as follows: �1 6 L - 33y 6le ,v woo f 5, C o /D, g /C o / Rid Page 1 SIGNATURE OF BIDDER Date: February 10, 1992 If an Individual: (Signature) If a Partnership: If a Corporation: ( S E A L ) Attest: print or type name: Kenneth B. Hulslander doing business as: Innovative Ironworks by:(Signature) General Partner print or type name: (a Corporation) by:(Signature) print or type name: Title: Title: n1^a4 Aid Page 4 AGREEMENT THIS AGREEMENT is made this day of . 19 , by and between the LAZY DI OND A SUBDIVISION, LARRY AXTHELM . / located in the County of .�.(- Ste e of • �,.lorado,/� hereinafter r e..ria, i ed to � "Ow er", and �,. �4 a •-1111-116,1,12?-01( C_Gs. , of ?1_4„v-� hereinafter referred to as " ontractor". In consideration of the mutual covenants, Owner and conditions and undertakings hereinafter specified, Contractor agree as follows: Section 1. Scope of Work. Contractor shall perform all work in accordance with the plans and specifications as set forth in the Contract Documents, as specified in Section 2 hereo, for (4) agreements, LAZY DIAMOND A SUBDIVISION WATER STORAGE TANK including furnishing all supervision, labor, equipment and materials therefor, hereinafter referred to as "Project". Section 2. Contract Documents. The Contract Documents, which comprise the entire agreement and contract between Owner and Contractor, consist of: (a) This Agreement and any Addendum thereto; (b) Instructions to Bidders; (c) Bid Form; (d) Performance, Payment and Warranty Bond; (e) Notice to Proceed; (f) Drawings; (g) Specifications; (h) Addendum No (s) . to Specifications, if applicable; (i) General Conditions; (j) Supplementary Conditions; and (k) Any modifications, change orders or other such revisions properly authorized after the execution of this Agreement. The Drawings, Specifications and General and Supplementary Conditions have been prepared by JEROME GAMBA & ASSOCIATES, INC., (hereinafter "Engineer"), who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. Section 3. Agreement Price. Owner shall pay Contractor for the performance of work and completion of the Project the total price ofJl C �' c y. it -e)/6 ( Dollars (S %��,�, C"� . �) C' ) , in accordance with the Bid Form submitted by Contractor. The Agreement Price shall be subject to adjustment for changes in the Drawings and Specifications or xtensione of Contractor time to complete performance, if approvedby as hereinafter provided, and for changes in quantities, if bid on a unit -price basis in the Bid Form, which shall be verified by the Engineer. Section 4. Progress Payments. Owner will make progress payments monthly on account of the Agreement Price in accordance with applications for partial payment prepared by the Contractor for work performed to date and approved by the Engineer and Owner. Contractor shall submit all applications for partial payment and Owner shall make partial payments in accordance with the Contract Documents. Progress payments shall not constitute final acceptance of work. Section 5. Retainage. An amount equal to ten percent (10X) of all progress payments shall be retained by Owner until work equal to fifty percent (5(bX) of the Agreement Price has been completed. Thereafter Owner shall pay all remaining progress payments without retaining additional funds, if, in the opinion of the Engineer and Owner, satisfactory progress is being made on the Project. The withheld percentage of the Agreement Price shall be retained until the Project is completed satisfactorily and finally accepted by Owner in accordance with the provisions of the Contract Documents. Section 6. Final Payment. Owner shall make final payment, including release of retainage, to Contractor in accordance with the Contract Documents. Section 7. Commencement and Completion of Performance. Contractor shall commence performance on the Project within ten (10) days after receipt of written Notice to Proceed, and will diligently prosecute all work through completion. Unless an extension of time is granted by Owner as herein provided, Contractor shall complete the Project within a maximum period of ( ) days after commencement of performance. Owner and Contractor recognize that time is of the essence in this Agreement and the Owner will suffer financial loss if the work is 2 not completed within the times specified. If Contractor does not complete performance within said maximum period(s), Owner shall be compensated by Contractor, at the rate of Dollars ($ ) per day beyond said maximum period(s) for completion, for ordinary and general damages l( liqui aLeds) toamagges) and inconvenience (exclusive of any sp Said sum shall not be considered a penalty but shall be deemed a reasonable measure of general damages which will be suffered by Owner as a consequence of such delays, such damages being difficult to ascertain by precise measurement. The special damages to Owner for which Contractor also is liable shall be those not related to time of completion. No extension of time to complete performance shall be granted under normal circumstances. Extensions of time to complete performance may be authorized for any actual period of delay, on an occurrence basis, for: (a) adverse weather or climatic conditions not reasonably anticipated; (b) maj(e)labor ects ofdisputes; another(c) acts of contractor God; (d) detrimental acts of owner; in the performance of related work under a separate contract with Owner; (f) delays resulting from the intervention ofigovernmef not ental agencies in the performance of work on the Project, ed by Contractor; or (g) other circumstances, acceptable to Owner, beyond Contractor's reasonable control. Weather delays which could or should have been anticipated or failures in delivery of equipment or materials shall not constitute cause for an extension of time to complete performance or adjustments to the Agreement Price resulting therefrom. Requests for extension of time to complete performance shall be submitted in writing in accordance with the Contract Documents. Section 8. Default. At any time Owner may notify Contractor, in writing, of grounds for default upon the occurrence of any event specified in the Contract Documents as grounds for Owner's termination of the Agreement. If Contractor shall not remedy or otherwise correct the grounds for default within seven (7) days, or such additional period of time specified by Owner, after receipt of such notice, Owner may thereafter terminate this g rperformance Agreement n and and direct Contractor to discontinue any further Project, and Contractor shall then immediately stop all work oon the n the Project and forfeit all rights hereunder. Owner, discretion, may request the surety of Contractor to complete the Project, or may request that surety contract with others to perform such work at the expense of Contractor and its surety. In the event that surety should fail to commence completion of the Project ect or contract with others to perform such work within thirty days of Owner's request, Owner may contract with others to perform such work at the expense of Contractor and its surety. Any increase in costs over and above the Agreement Price and any special damages incurred by Owner as a consequence such u hs default, including reasonable attorney's fees, shall be paid in full by Contractor and its surety. 1 Section 9. Termination. At any time Owner may, without cause and without prejudice to any other right or remedy hereunder, elect to abandon the Project and to terminate this Agreement. In such event, Owner shall notify Contractor, in writing, ten (10) days in advance of the Project termination date. Owner shall pay Contractor fur the performance of all work, including retainage, to the Project termination date and for such additional amounts as, in the judgement of the Engineer, are reasonable to compensate Contractor for the termination of this Agreement. Final payment to Contractor shall be made in accordance with Section 5, supra. Section 10. Indemnification. Contractor shall indemnify, defend and hold Owner, and its agents, employees, engineers and attorneys, harmless from and against all claims, damages, judgments, losses and expenses of every nature, including reasonable attorneys' fees, arising at any time out of any act or omission of Contractor, and its employees, subcontractors and their employees, and all other persons directly or indirectly involved in or performing work for the Contractor on the Project. Section 11. Taxes, Licenses, Permits and Regulations. In all operations connected with the Project, Contractor shall pay all fees, chargee and taxes imposed by law, and shall obtain all licenses and permits necessary for completion of the Project, paying all fees therefor unless otherwise specified by the Engineer. Engineer and Owner shall assist Contractor to determine which licenses and permits are not required for completion of the Project. Contractor shall not be reimbursed for fees paid by Contractor for licenses and permits not required. If fees for licenses and permits not required are included in the Bid Price, the Agreement Price shall be reduced by the amount of any such fees for licensee and permits not required. Owner is exempt from Colorado State Sales and Use Taxes on materials to be permanently incorporated in the work. Accordingly, taxes from which Owner is exempt shall not be included in the Agreement Price. Owner shall, upon request, furnish Contractor with a copy of its Certificate of Tax Exemption. Contractor and subcontractors shall apply to the Colorado Department of Revenue, Sales Tax Division, for an exemption certificate and purchase the materials tax free. Pursuant to Subsection 39-26-114(1)(a)(XIX), C.R.S., Contractor and subcon- tractors shall be liable for exempt taxes paid due to failure to apply for exemption certificates or for failure to use said certificates. Contractor shall comply with all laws, ordinances, codes, rules and regulations of all governmental authorities, whether local, state or federal, relating to the performance of work on the Project and, particularly, in complying with those laws concerning the environment, workmen's compensation, safety and health, state labor and materials, and equal employment opportunity. Contractor specifically indemnifies Owner from and against any liability resulting arum failure of Contractor to effect full compliance hereunder. Section 12. Insurance. Contractor shall, during the term of this Agreement, maintain all the insurance coverage required in the Contract Dot omenta. Section 13. Performance, Payment and Warranty Bond. Contractor shall provide to Owner, prior to commencement of performance, the Performance, Payment and Warranty Bond provided for in the {aid Documents, in the full amount of the Agreement Price, including provisions for any adjustment thereof in accordance with the terms of this Agreement. Contractor shall obtain such Bond on Owner's behalf, separate and apart from any similar bond or warranty agreements entered into independently between Owner and any manufacturer or supplier. Section 14. Warranties and Guarantees. Contractor hereby represents, warrants and guarantees to Owner all workmanship, equipment and materials on or made a part of the Project and its structures for a period of one (1) year from and after the date of final acceptance in accordance with the Contract Documents. Section 15. Subcontractors. All contracts between Contractor and subcontractors shall conform explicitly to all applicable provisions of the Contract Documents. In all events, Contractor shall be responsible and held liable for any bonding, insurance, warranties, indemnities, progress payments and completion of performance of or to such subcontractors. Upon receipt of progress and final payments from Owner, Contractor shall disburse the same immediately to subcontractors without any requirement of Owner to supervise the same. Owner may, but shall not be obligated to, require Contractor to furnish lien waivers for the work performed or materials furnished by subcontractors or ateriaolm n priorrtouto o payment of progress payments or final pay ment. relationship shall exist between Owner and any subcontractor because of the subletting of any part of the Project work. Section 16. Change Order. Contractor shall secure the consent of the Inspector before a material change or alteration in Contract Documents ie requested by Contractor, whether or not the Agreement Price is affected thereby. Such consent is denominated "Change Order" and shall be in accordance with the Contract Documents. Section 17. Work Rules. (a) Unless otherwise required by the Contract Documents or applicable law in the assignment of work, setting of wage rates and the settling of jurisdictional disputes regarding the performance of the work, Contractor shall be bound by the decision of Owner. (b) Contractor shall fully cooperate with Owner and such other contractors or subcontractors as may be performing work or supplying materials in connection with the Project and shall carefully fit its work in with that of all such persons. Contractor small not commit or permit any act which will interfere with the performance of Project by any such persons. (c) Contractor shall perform all work hereunder in keeping with the rules and regulations that Owner may promulgate at any time for the safe, orderly and efficient conduct of all operations. (d) Owner shall have the right to require of Cont actoorr the immediate removal from the Project of anyemployee Contractor or of his subcontractors who, in the Bole opinion of Owner, is not qualified to perform the work assigned to him, is guilty of improper conduct, or is not working in harmony with the other trades. (e) Nothing contained in this Contract shall constitute Contractor as being an employee of Owner, nor shall any employment Yt relationship between Owner and Contractor be created by the terms hereof. (f) Contractor is responsible for the safety of any of its materials, tools, possessions, and rented items stored on the job site, and for protection of the Project and shall hold Owner and authorized representative harmless from any damages or loss incurred thereto. (g) Contractor shell promptly pay in full for any and all damages caused to the Project site by Contractor or by any subcontractor or other person or entity of any nature furnishing materials, equipment, machinery, supplies, labor, skilled services or instruments for whose actions the Contractor is responsible hereunder. (h) No material, equipment, tools, supplies, or instruments other than those belonging to or leased by Contractor will be removed from the Project site by Contractor without the prior written approval of Owner. Section 18. Assignment. Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of Owner. The terms of this Agreement shall inure to and be binding upon the successors and assigns of the parties hereto. Section 19. Amendment. The Contract Documents may be amended, from time to time, by agreement between the parties 6 hereto. No amendment, modification or alteration; of the Contract Documents shall be binding upon the parties hereto unless the same is in writing and approved by the duly authorized representatives of each party hereto. Section 20. Severability. If any term, section or other be held provision of the Contract Documents shall, for anyunea on, beileld to be invalid or unenforceable, the ivai shall not affect any of ornrcit of such term, section or other provision the remaining provisions of the Contract Documents. Section 21. Waiver. No waiver by either party of any right, term or condition of the Contract Documentsshall hal lrcor condibe deetion nor or construed as a waiver of any other right, term shall a waiver of any breach hereof ett a e deem a thhto consti ortute a waiver of any subsequent breach, different provision of the Contract Documents. Section 22. Remedies. None of the remedies provided to either party under the act Documents shall be requiredutohbe e 9 exhausted or exercised as a prerequisite to resort to any nyli rther relief to which such party may then be entitled. Every assumed by, or imposed upon, either party hereto shall be enforceable by any appropriate action, petition or proceeding law or in equity. In addition to any other remedies provided by law, the Contract Documents shall be specifically enforceable by either party. The Contract Documents shall be construe dein in accordance with the laws of the State of Colorado, and pa those relating to governmental contracts. Section 23. Counterparts. This shallAgreement constituteeanexecuted originaln multiple counterparts, each of which but all of which shall constitute one and the same document. Section 24. Entirety. This Agreement, together with the other Contract Documents, constitutes the entire agr em nellt etween the parties concerning the subject contractsherunderstandings or negotiations, representations, agreements pg ertainin to such matters are merged into, and superseded by, the Contract Documents. any Section 25. Conflicting Provisions. In trthevent t any provision of this Agreement conflicts with any provision other Contract Document, control suchn�conflictingthe spro9ieionsof this Agreement shall govern and Section 26. Miscellaneous. Unless otherwise expressly provided, any reference herein to days shall mean calendar days. All times stated in the Contract Documents are of the essence. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. 7 OWNER BY: _7:-.2.ce—A.,1 Address: Li Z L# It 1 G Phone: 9L{s b 9 l ATTEST: Secretary (SEAL) CONTRACTOR B y : eta/K/n,et)3 (X jjg Title: %NrNFIZ... ',/ /� ,� Address: St s",4 9(/- �(�le�tJl�r.�.l, / 4 Phone: `lNs "1-5-60 STATE OF COLORADO ss. COUNTY OF The foregoing Agreement was acknowledged before me this day of , 19 , by President of Witness my hand and official seal. 88 Notary Public My Commission expires: STATE OF COLORADO COUNTY OF The foregoing Agreement was acknowledged before me this '(9 day of 7)(2 ( , 19�(�- by (A. as of Witness my hand and official seal. My Commission expires: conetruc\contra-e.agr Notary Publi NOTICE OF AWARD TO: AI lol,t7Ui ver: j IA e2 31 z? Pt07-0-5�4` 4- (b) �.� frzyy(0.10, 0✓#i5 , Colorado �o -PO4/z- L-741 Z/ Date The Owner, having duly considered the Bid Form submitted on 19_, for the work covered by the Contract Documents title and numbered TO f Z S•Qci ica -ions �� Z. - in the amount of ku zlPC' IWA0,) ($��5,��LUG�l) and iv -.pearing that the Price and other information in your Bid Form is fair, equitable and to the best interest of the Owner, the offer in your Bid Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement and Performance, Payment tand Warranty Bond in three counterparts within ten (10) consecutive days from and including the date of this Notice of Award. In addition you are requested to furnish at the said time three Certificates of Insurance evidencing compliance with the requirements for insurance as stated in the Contract Documents. The Bid Security submitted with your Proposal will be returned upon execution of the Agreement, furnishing of the required Performance, Payment and Warranty Bond and Certificates of Insurance within the time limit specified. In the event that you should fail to execute the Agreement and Performance, Payment and Warranty Bond within the time limit specified, said Security will be retained by the Owner as liquidated damages and not as a penalty for the delay and extra work caused thereby. By: Title: construc\award.not NOTICE TO PROCEED (10) /o , Colorado /99,J You are hereby authorized to proceed on this date, or within ten (10) consecutive calendar days hereafter, with the work covered by the Contract Documents titled and numbered Specifications No. 9‘14g /6e/de jl for the sum of ($ S O obi. 0 D You are to notify the Engineer 48 hours before starting work. (Name of District) By : ? ,0 Title: construc\proc-e. not 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (6) GENERAL CONDITIONS TABLE OF CONTENTS Part Number Title Page 1 DEFINITIONS 1 2 PRELIMINARY MATTERS 4 2.01 DELIVERY OF BONDS 4 2.02 COPIES OF DOCUMEN'T'S 4 2.03 COMMENCEMENT OF CONTRACT TIME; NOTICE 1.'O PROCEED 4 2.04 STARTING THE PROJECT 4 2.05 BEFORE STARTING CONSTRUCTION 4 2.06 PRECONST'RUCTION CONFERENCE 5 3 CONTRACT DOCUMENTS: INTENT AND REUSE 5 3.01 INTENT 5 3.02 REUSE OF DOCUMENTS 6 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 6 4.01 AVAILABILITY OF LANDS 6 4.02 PHYSICAL CONDITIONS - INVESTIGATIONS AND REPORTS 7 4.03 UNFORESEEN PHYSICAL CONDITIONS 7 4.04 REFERENCE POINTS 7 5 INSURANCE 7 5.01 PERFORMANCE AND OTHER BONDS 7 5.02 CONTRACTOR'S LIABILITY INSURANCE 8 5.03 CONTRACTUAL LIABILITY INSURANCE 9 5.04 OWNER'S LIABILITY INSURANCE 9 5.05 PROPERTY INSURANCE 10 5. 06 PARTIAL U`I'ILI'LA'1'ION-PROPERTY INSURANCE 10 5.07 ACCEPTANCE OF INSURANCE 10 6 CONTRACTOR'S RESPONSIBILITIES 10 6.01 SUPERVISION AND SUPERINTENDENCE 10 6.02 LABOR, MATERIALS, AND EQUIPMENT 11 6.03 EQUIVALENT MATERIALS AND EQUIPMENT 12 6.04 CONCERNING SUBCONTRACTORS 13 6.05 PATENT FEES AND ROYALTIES 14 6.06 PERMITS 15 6.07 LAWS AND REGULA'T'IONS 15 6.08 TAXES 15 6.09 USE OF PREMISES 15 6.10 RECORD DOCUMENTS 16 6.11 SAFETY AND PROTECTION 16 6.12 EMERGENCIES 17 6.13 SIIOP DRAWINGS AND SAMPLES 17 6.14 INDEMNIFICATION 18 7 WORK BY OTHERS 19 7.01 OWNER'S RIGH'1' TO PERFORM 19 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL CONDITIONS TABLE OF CONTENTS (Continued) Part Number Title Page 7.02 CONTRACTOR TO COORDINATE 19 8 OWNER'S RESPONSIBILITIES 20 8.01 OWNER TO COMMUNICATE THROUGIH ENGINEER 20 8.02 OWNER'S OBLIGATIONS 20 8.03 OWNER'S RIGHTS 20 9 INSPECTOR'S STATUS DURING CONSTRUCTION 21 9.01 OWNER'S REPRESENTATIVE 21 9.02 VISITS TO SITE 21 9.03 CLARIFICATIONS AND INTERPRETATIONS 21 9.04 REJECTING DEFECTIVE WORK 21 9.05 PROJECT REPRESENTATION 22 9.06 DECISIONS ON DISAGREEMENTS 22 9.07 LIMITA'T'IONS ON INSPECTOR'S RESPONSIBILITIES 23 10 CHANGES IN THE WORK 23 10.01 OWNER MAY ORDER CHANGES 23 11 CIIANGE OF AGREEMENT PRICE 25 11.01 AGREEMENT PRICE CHANGED ONLY BY CIIANGE ORDER 25 11.02 COST OF THE WORK 26 29 11.03 CONTRACTOR'S FEE 30 11.04 ADJUSTMENT OF UNIT PRICE 30 12 CIIANGE OF THE CONTRACT TIME 30 12.01 CONTRACT TIME CHANGED ONLY BY CIIANGE ORDER 13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE 31 WORK 31 13.01 WARRANTY AND GUARANTEE 31 13.02 ACCESS TO WORK 31 13.03 TESTS AND INSPECTIONS 32 13.04 UNCOVERING WORK 33 13.05 OWNER MAY STOP THE WORK 33 13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK 33 13.07 ONE YEAR CORRECTION PERIOD 34 13.08 ACCEPTANCE OF DEFECTIVE WORK 34 13.09 OWNER MAY CORRECT DEFECTIVE WORK 35 14 PAYMENTS TO CONTRACTOR AND COMPLETION 35 14.01 SCHEDULES 3 5 14.02 APPLICATION FOR PROGRESS PAYMENT 35 14.03 CONTRACTOR'S WARRANTY OF TITLE 36 14.04 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT 36 14.05 SUBSTANTIAL COMPLETION 37 14.06 PARTIAL UTILIZATION 38 14.07 FINAL INSPECTION 38 14.08 FINAL APPLICA'T'ION FOR PAYMENT 38 14.09 FINAL PAYMENT AND ACCEPTANCE 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL CONDITIONS TABLE OF CONTENTS (Continued) Part PageNumber Title 14.10 CONTRACTOR'S CONTINUING OBLIGA'T'ION 39 14.11 WAIVER OF CLAIMS 40 15 SUSPENSION OF WORK AND `T'ERMINA'TION 40 15.01 OWNER MAY SUSPEND WORK 40 15.02 OWNER MAY TERMINATE 40 CONT'RACT'OR MAY STOP WORK OR 'I'ERM.tNATE 42 15.03 15.04 OWNER MAY TERMINATE FOR CONVENIENCE 4242 16 MISCELLANEOUS 47 16.01 GIVING NOTICE 47 16.02 COMPUTATION OF TIME 47 16.03 CORRECTION PERIOD 47 16.04 GENERAL 47 17 DOCUMENTS 48 17.01 COUNTERPARTS OF 'TIE AGREEMENT' 48 17.02 PERFORMANCE AND OTHER BONDS 49 17.03 CONTRACTOR'S LIABILITY INSURANCE 50 17.04 OWNER'S LIABILITY INSURANCE 50 17.05 PROPERTY INSURANCE 53 18 ADDRESSES 53 18.01 OWNER 53 18.02 ENGINEER 53 18.03 CONT'RAC'TOR 53 18.04 CHANGE OF ADDRESS 53 19 LIQUIDATED DAMAGES 54 20 EXISTING INSTALLATIONS 21 STREAMLINED SPECIFICATIONS 54 554 22 HANDLING OF DISPUTES 55 22.01 DISPUTES 55 22.02 DISPUTE LIMITATIONS 55 22.03 AWARDS 56 22.04 DISPUTES OUTSIDE THE LIMITATIONS 23 DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF THE 56 AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE 56 23.01 DESCRIPTION 56 23.02 RESIDENT PROJECT REPRESENTATIVE 59 23.04 LIMITATIONS OF AUTHORITY construc\gencon-e.toc iii GENERAL CONDITIONS PART 1 - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terns have the meanings indicated which are applicable to both the singular and plural thereof: Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement - The written agreement between Owner and Contractor covering the Work to be performed. Agreement Price - The moneys payable by Owner to Contractor under the Contract Documents as stated in the Agreement. Application for Partial Payment - The form accepted by Engineer which is to be used by Contractor in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. Bid Form - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Change Order - A written order to Contractor signed by Owner authorizing an addition, deletion, or revision in the Work, or an adjustment in the Agreement Price or the Contract Time issued after the effective date of the Agreement. Contract Documents - The Agreement, Addenda, Instructions to Bidders, Bid Form (including documentation accompanying the Bid Form and any post -Bid documentation submitted prior to the Notice of Award), the Performance, Payment and Warranty Bond, these General Conditions, the Supplementary Conditions, the Specifications, the Drawings as the same are more specifi- cally identified in the Agreement, Notice to Proceed, together with all Modifications issued after the execution of the Agreement. Contract Time - The number of days stated in the Agreement for the Completion of the Work. Contractor - The person, firm, or corporation with whom Owner has entered into this Agreement to perform field construction. Day - A calendar day of twenty-four hours measured from midnight to the next midnight. 1 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, test or approval referred to in the Contract Documents,or has been damaged prior to Engineer's recommendation for final payment. Drawings the work approved Documents. - The drawings which show the character and scope of to be performed and which have been prepared or by Engineer and are referred to in the Contract Effective Date of the Agreement - the date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. Engineer Manager - Jerome Gamba & Associates, Inc. Field Order - A written order issued by Engineer which orders minor changes in the Work in accordance with paragraph 10.O1.B but which does not involve a change in the Agreement Price or the Contract Time. Modification - (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. A modification may only be issued after the effective date of the Agreement. Notice of Award - the written notice by Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. Notice to Proceed - A written notice given by the Owner to Contractor (with a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform his obligation under the Contract documents. Owner - The person or entity with whom Contractor has entered into the agreement and for whom the work is to be provided. Project - The total construction of which the Work to be provided under the Contract documents may be the whole, or part as indicated elsewhere in the contract documents. Project Representative - The authorized representative of Engineer who is assigned to the site or any part thereof. 2 Section - Section(s) of these General Conditions. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared ddoby Contractor, a Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other er information prepared by a manufacturer, fabricator, supe li or distributor and submitted by Contractor to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - An individual, firm, or corporation having a direct contract with Contractor or with any other Subcon- tractor for the performance of a part of the Work at the site. Substantial Completion - The Work has progressed to the point where, in the opinion of Engineer as evidenced by his definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized forthe purp se. for which it was intended and it is ready for punch 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. PART 2 - PRELIMINARY MATTERS 2.01 DELIVERY OF BONDS to A. When Contractor est all also ers the executed deliverr tore Owners the Owner, Contractor Performance, Payment and Warranty Bond. 2.02 COPIES OF DOCUMENTS A. Owner shall furnish set fort}�tin`tor the Section numberuof the Contract Documents 3 2.03 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED A. The Contract Time shall commence to run on the day indicated in the Notice to Proceed. 2.04 STARTING THE PROJEC'T A. Contractor shall start to perforin 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. 2.05 BEFORE STARTING CONSTRUCTION A. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or discrepancy which Contractor may discover; however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error or discrepancy in the Drawings or Specifications, unless Contractor had actual knowledge thereof or should reasonably have known thereof. B. Before any Work at the site is started, Contractor shall deliver to Owner, with a copy to Engineer, certificates (and other evidence of insurance requested by Owner) which Contractor is required to purchase and maintain in accordance with paragraphs 5.02.A, 5.03.A, 5.04.A, and 5.06.A and Owner shall deliver to Contractor certifi- cates (and other evidence of insurance requested by Contractor) which Owner is required to purchase and maintain in accordance with paragraphs 5.04.A, 5.05.A, and 5.06.A. 2.06 PRECONSTRUCTION CONFERENCE A. Within 20 days after the effective date of the Agree- ment, but before Contractor starts the Work at the site, a conference will be held for review and acceptance of the schedules referred to in Section 6.13, to establish procedures for handling Shop Drawings and other submittals and for processing Applications for Partial Payment, and to establish a working understanding among the parties as to the Work. 4 PART 3 - CONTRACT DOCUMENTS: INTENT AND REUSE 3.01 INTENT A. The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the Work. They niay be altered only by a Modification. B. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, Contractor finds a conflict, error or discrepancy in the Contract Documents, he shall report it to Engineer in writing at once and before proceeding with the Work affected thereby; however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error or discrepancy in the Specifications or Drawings unless Contractor had actual knowledge thereof or should reasonably have known thereof. C. It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of Any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Bids (or, on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided for in paragraph 9.03.A. D. The Contract Documents will be governed by the laws of the State of Colorado. _. 5 tatin E. The Project Manual consists of Bid iBondo AgtoemBidd, instruction to Bidders, Bid Forms, Performance Payment and Warranty Bond, General Conditions, Supplementary Conditions, and Specifica- tions. 3.02 REUSE OF DOCUMENT'S A. Neither Contractor nor any Subcontractor, manufacturer, fabricator, supplier or distributor shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer; and they shall not reusaow tt them nut lwr extensions consent the Project or any other project Owner and Engineer and specific written verification or adoption by Engineer. PART 4 - AVAILABILI`T'Y OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 AVAILABILI`T'Y OF LANDS A. Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be and such performed, rights-of-way hich areesignatedr ss fork the Ouse of the Cohtr lands permanent structures or Contractor. Easements for p permanent changes in existing facilities wir de obtinained and paid for by Owner, unless otherwise pthat any contract Documents.urnisihit fIf urnishing landsves or easements delay in Owner'ss entitles him to an extension of the Contract tin Pae, Contractor may make a claim therefore as provided 12. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 PHYSICAL CONDITIONS - INVESTIGATIONS AND REPORTS A. Reference is made to the Supplementary Conditions for identification of those reports f investigations at the test of subsurface and latent physicalro progress orf ionsperfat the site or otherwise affecting cost, P g on by Engineer in of the Work which have been relied upon by Such preparation of the Drawings and Specifications.leteSuch reports are not guaranteed as to accuracy or comp and are not part of the -Contract Documents. 4 03 UNFORESEEN PHYSICAL CONDITIONS A. Contractor shall promptly notify Owner and Engineer in writing of any latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Promptly thereafter, Owner shall obtain the necessary additional investigations and tests and furnish copies to Engineer and Contractor. If Engineer finds that the results of such investigations or test indicate tl►at there are latent physical conditions which differ materially from those intended in the Contract Docu- ments, and which could not reasonably have been antici- pated by Contractor, a Change Order shall be issued incorporating the necessary revisions. 4.04 REFERENCE POINTS A. Owner shall provide engineering surveys for construction to establish reference point which in his judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall snake no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point is lost or destroyed or required relocation because of necessary changes in grades or locations, and shall be responsible for replacement or relocation of such reference points by professionally qualified personnel. PART 5 - INSURANCE 5.01 PERFORMANCE AND OTIIER BONDS A. Contractor shall furnish a Performance, Payment and Warranty Bond, in an amount at least equal to the Agreement Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. This bond shall remain in effect at least until one (1) year after the date when final payment becomes due, except as otherwise provided by law or regulation or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be on the forms prescribed by the Contract Documents and be executed by such Suretie. as are named in the current list of "Companies holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable 7 Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. B. If the Surety on any Bond furnished by Contractor is declared a bankrupt or becomes insolvent, or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.A, Contractor shall, within five (5) days thereafter, substitute another Bond and Surety, both of which must be acceptable to Owner. 5.02 CONTRACTOR'S LIABILI`t'Y INSURANCE A. Contractor shall purchase and maintain such comprehen- sive general liability and other insurance as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether such performance is by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. Claims for damages insured by personal injury liability coverage which are sustained (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or (ii) by any person for any other reason; 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there- from; and 8 6. Claims for damages because of bodily injury or death of any person or property da►nage arising out of the ownership, maintenance or use of any motor vehicle. B. The insurance required by this article 5.02 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Contract Docu►nents, or required by law, whichever is greater. The co►nprehensive general liability insurance shall include completed operations insurance. All such insurance shall contain a provision that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to Owner and Engineer. All such insurance shall remain in effect until final payment and at all times thereafter when Contractor may be correcting, removing or replacing defective Work in accordance with paragraph 13.07.A. In addition, Contractor shall maintain such completed operations insurance for at least two (2) years after final payment and furnish Owner with evidence of continuation of such insurance at final payment and one (1) year thereafter. 5.03 CONTRACTUAL LIABILITY INSURANCE A. The comprehensive general liability insurance required by article 5.02 shall include contractual liability insurance applicable to Contractor's obligations under paragraphs 6.14.A and 6.14.B. 5.04 OWNER'S LIABILITY INSURANCE A. Owner's liability insurance on the Work shall be purchased and maintained as provided in the Contract Documents. 5.05 PROPERTY INSURANCE A. Property insurance on the Work shall be purchased and maintained as provided in the Contract Documents. 5.06 PARTIAL UTILIZATION - PROPER'T'Y INSURANCE A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accom- plished in accordance with paragraph 14.06.A; provided that no such use or occupancy shall commence before the insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on 9 5.07 account of any such partial use or occupancy. ACCEPTANCE OF INSURANCE A. If Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor the basis of its not complying with the Contract Documents, Owner will notify Contractor in writing thereof within ten days of the date of delivery of such certificates to Owner in accordance with paragraph 2.05.B. If Contractor has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by Owner in accordance with paragraphs 5.04.A, 5.05.A, and 5.06.A on the basis of their not complying with the Contract Documents, Contractor will notify Owner in writing thereof within ten days of the date of delivery of such certificates to Contractor. Owner and Contractor will each provide to the other such additional information in respect of insurance provided by him as the other may reasonably request. Failure by Owner or Contractor to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. PART 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 SUPERVISION AND SUPERINTENDENCE A. Contractor shall supervise and direct the Work com- petently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but Contractor shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. B. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the site and shall 1►ave authority to act on behalf of Contractor. All communications given the superintendent shall be as binding as if given to Contractor. 10 6.02 LABOR, MATERIALS, AND EQUIPMENT A. Contractor shall provide competent, suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Supplementary Conditions, all Work at the site shall be performed during regular working hours, and Contractor will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without Owner's written consent given after prior written notice to Engineer. B. Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. C. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Engineer, Contractor shall furnish satisfactory evidence (including report of required tests) as to the kind and quality of materials and equipment. D. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. 6.03 EQUIVALENT MATERIALS AND EQUIPMENT A. Whenever materials or equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that a substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers, or distributors may be accepted by Engineer if sufficient information is submitted by Contractor to allow Engineer to determine that the material or equipment proposed is equivalent to that named. The procedure for review by Engineer will be as 11 set forth in paragraphs 6.03.A.1 and 6.03.A.2 below as supplemented in the other Contract Documents. 1. Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than Contractor. if Contractor wishes to furnish or use a substitute item of material or equipment Contractor shall make written application to Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The applica- tion shall state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connec- tion with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available main- tenance, repair and replacement service will be indicated. The application shall 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 Engineer in evaluating the proposed substitute. Engineer will be the sole judge of acceptability, and no substitute will be ordered or installed without Engineer's prior written acceptance. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. 2. Engineer will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by Contractor and in making changes in the Drawings or Specifications occasioned thereby. Whether or not Engineer accepts a proposed substit- ute, Contractor shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating any proposed substitute. 6.04 CONCERNING SUBCONTRACTORS A. Contractor shallnot employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), 12 whether initially or as a substitute, against whom Owner or Engineer may have reasonable objection. A Subcontractor or other person or organization identified in writing to Owner and Engineer by Contractor prior to the Notice of Award and not objected to in writing by Owner or Engineer prior to the Notice of Award will be deemed acceptable to Owner and Engineer. Acceptance of any Subcontractor, other person or organization by Owner or Engineer shall not constitute a waiver of any right of Owner or Engineer to reject defective Work. If Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by Contractor after the Notice of Award, Contractor shall submit an acceptable substitute and the Agreement Price shall be increased or decreased by the difference in cost occasioned by such substitu- tion, and an appropriate Change Order shall be issued. Contractor shall not be required to employ any Subcontractor, other person or organization against whom Contractor has reasonable objection. B. Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create any contractual relationship between Owner or Engineer and any Subcontractor or other person or organization having a direct contact with Contractor, nor shall it create any obligation on the partof Owner or Engineer to pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. Owner or Engineer may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done. C. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. D. All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractorspecifically and conditions the Subcontractor to the_App1 cable terms of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by 13 the Contract Documents. Contractor shall pay each Subcontractor a just share of any insurance moneys received by Contractor on account of losses under policies issued pursuant to tl►e Contract Documents. 6.05 PATENT FEES AND ROYALTIES A. Contractor shall pay all license fees and royalties and assu►ne all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is tl►e subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. Contractor shall indemnify and hold Harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all clai►ns, damages, losses and expenses (including attorney's fees and court and arbitration 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 incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.06 PER1I`1'S A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses (except building permit fee). Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for tl►e prosecution of the Work, which are applicable at the time of opening of Bids. Contractor shall pay all charges of utility service companies for connections to the Work, and Owner shall pay all charges of such companies for capital costs related thereto. B. In order to assist in expediting the Project, Owner will submit Drawings and Specifications to the County Building Department for tl►e purposes of attempting to obtain the building permit. Owner shall pay for the building permit fee, and, if successful in obtaining the building permit, will assign the building permit to the successful bidder 14 prior to the start of construction. If Owner is unsuccessful in obtaining the building permit by the time of execution of the Agreement, Contractor shall thereafter be responsible for building permit processing. 6.07 LAWS AND REGULATIONS A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If Contractor observes that the Specifica- tions or Drawings are at variance therewith, Contractor shall give Engineer prompt written notice thereof, and any necessary changes shall be adjusted by an appro- priate Modification. If Contractor performs any Work knowing or having reason to know that it is contrary to such laws, ordinances, rules and regulations, and without such notice to Engineer, Contractor shall bear all costs arising therefrom; however, it shall not be Contractor- 's primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules and regulations. 6.08 TAXES A. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him. B. The Owner is exempt from Colorado State sales and use taxes. 6.09 USE OF PREMISES A. Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances, permits and the requirements of the Contract Documents. B. During the progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. C. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall._Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 15 6.10 RECORD DOCUMENTS A. Contractor shall keep one record of all Specifications, Drawings, Addenda, Modifications, Sliop Drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be available to Engineer for examination and shall be delivered to Engineer for Owner upon completion of the Work. 6.11 SAFETY AND PROTECTION A. Contractor shallbe responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. All employees on the Work or other persons who may be affected thereby; 2. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and 3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. B. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in paragraphs 6.11.A.2 or 6.11.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner. or. Engineer or anyone employed by either: of them or anyone for whose acts either of them may be liable, and the fault or negligence of Contractor). Contractor's duties and 16 responsibilities for the safety and protection of the Work shall continue such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with paragraph 14.09.A that the Work is acceptable. C. Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be Cont- ractor's superintendent unless otherwise designated in writing by Contractor to Owner. 6.12 EMERGENCIES A. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, Contractor, without special instruction or authorization from Engineer or Owner, is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Engineer prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. 6.13 SIIOP DRAWINGS AND SAMPLES A. After checking and verifying all field measurements, Contractor shall submit to Engineer for review and acceptance, in accordance with the General Requirements and the accepted schedule of Shop Drawing submissions (see paragraph 2.06.A), all Shop Drawings and samples, which shall have been checked by and stamped with the acceptance of Contractor and identified as Engineer may require. B. Engineer will review and accept with reasonable promptness Shop Drawings and samples, but Engineer's review and acceptance shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate acceptance of the assembly in which the item functions. Contractor shall be responsible for coordination of assemblies which include separate components. C. Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been reviewed and accepted by Engineer. D. Engineer's review and acceptance of Shop Drawings or 17 samples shall not relieve Contractor from responsibility for any deviations from the Contract Documents unless Contractor has in writing called Engineer's attention to such deviation at the time of submission and Engineer has given written concurrence and acceptance to the specific deviation, nor shall any concurrence or acceptance by Engineer relieve Contractor from responsibility for errors or omissions in the Shop Drawings. 6.14 INDEMNIFICA'T'ION A. 'l'o the fullest extent permitted by law, Contractor shall indemnify and Bold Harmless Owner and Engineer and their agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. B. In any and all claims against Owner or Engineer or any of their agents or employees by any employee of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.14.A shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. C. The obligations of Contractor under paragraph 6.14.A shall not extend to the liability of Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. PART 7 - WORK BY OTHERS 7.01 OWNERS RIGHT '1'O PERFORM .... A. Owner may perform additional work related to the Project 18 by himself, or have additional work performed by utility service companies, or let other direct contracts therefor which shall contain General Conditions similar to these. Contractor shall afford the utility service companies and the other contractors who are parties to such direct contracts (or Owner, if Owner is performing the additional work with Owner's employees) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs. 7.02 CONTRACTOR TO COORDINATE A. If any part of Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility service company (or Owner), Contractor shall inspect and promptly report to Engineer in writing any patent or apparent defects or deficiencies in such work that render it unsuitable for such proper execution and results. Contractor's failure so to report shall constitute an acceptance of the other work as fit and proper for integration with Contractor's Work except for latent or non -apparent defects and deficiencies in the other Work. Such acceptance by contractor shall render him responsible for subsequent correction of any such work. B. Contractor shall do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. C. If the performance of additional work by other con- tractors or utility service companies or Owner was not noted in the Contract Documents, written notice thereof shall be given to Contractor prior to starting any such additional work. If Contractor believes that the performance of such additional work by Owner or others involves additional expense to Contractor or requires an extension of the Contract Time, Contractor may make a claim therefor as provided in Parts 11 and 12. PART 8 - OWNER'S RESPONSIBILITIES 8.01 OWNER TO COMMUNICATE TIIROUGH ENGINEER A. Owner shall issue all communications to Contractor through the Engineer. 19 B. In case of termination of the employment of Engineer, Owner shall appoint an engineer against whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. Any dispute in connection with such appointment shall be subject to arbitration. 8.02 OWNER'S OBLIGATIONS A. Owner shall furnish the data required of Owner under the Contract Documents promptly and shall make payments to Contractor promptly after they are due as provided in paragraphs 14.04.A and 14.09.A. B. Owner's duties in respect of providing reference points as set forth in paragraph 4.01.A and 4.04.A Paragraph 4.02.A refers to Owner's identifying and making available to Contractor copies of reports of investigations and tests of physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by Engineer in preparing the Drawings and Specifica- tions. 8.03 OWNER'S RIGHTS A. In connection with Owner's rights to request changes in tl►e Work in accordance with Part 10, Owner (especially in certain instances as provided in paragraph 10.01.D) is obligated to execute Change Orders. PART 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S REPRESENTATIVE A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. 9.02 VISITS TO SITE A. Engineer will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make gxhaustive or continuous on-site inspections to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for 20 Owner a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. 9.03 CLARIFICATIONS ANI) INTERPRETATIONS A. Engineer will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as Engineer may determine necessary, which shall be consis- tent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Agreement Price or Contract Time, Con- tractor may make a claire therefor as provided in Part 11 or Part 12. 9.04 REJECTING DEFECTIVE WORK A. Engineer will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04.B, whether or not the Work is fabricated, installed or completed. 9.05 PROJECT REPRESENTATION A. Engineer will furnish a Project Representative to assist Engineer in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Project Representative and assistants will be as provided in Part 23. If Owner designates another agent to represent him at the site who is not Engineer's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in Part 23. 9.06 DECISIONS ON DISAGREEMENTS A. Engineer will be the initial interpreter of the require- ments of the Contract Documents and judge of the accept- ability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work shall be referred initially to Engineer in writing with a request for a formal decision in accordance with this paragraph, which Engineer will render in writing 21 within a reasonable time. Written notice of each such claim,, dispute and other matter shall be delivered by the claimant to Engineer and the other party to the Agreement within fifteen days of the occurrence of the event giving rise thereto, and written supporting data will be submit- ted to Engineer and the other party within 45 days of such occurrence unless Engineer allows an additional period of time to ascertain more accurate data. In his capacity as interpreter and judge Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. B. The rendering of a decision by Engineer pursuant to paragraph 9.06.A with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.11.A) will be a condition precedent to any exercise by Owner or Contractor of such rights or remedies as either inay otherwise I►ave under the Contract Documents or at law in respect of any such claim, dispute or other matter. 9.07 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES A. Neither Engineer's authority to act under this Part 9 or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Engineer to Contractor, any Sub- contractor, any manufacturer, fabricator, supplier, or distributor, or any of their agents or employees or any other person performing any of the Work. B. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed" or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used, to describe requirement, direction, review or judgment of Engineer as to the Work, it is intended that such requirement, direction, review or judgement will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that Engineer shall, have authority to supervise or direct performance of the Work or authority to undertake responsibility contrary to the provisions of paragraphs 9.07.0 or 9.07.D. C. Engineer will not be responsible for Contractor's means, 22 methods, techniques, sequences or procedures of construc- tion,' or the safety precautions and programs incident thereto, and Engineer will not be responsible for Con- tractor's failure to perform the Work in accordance with the Contract Documents. D. Engineer will not be responsible for the acts or omis- sions of Contractor or of any Subcontractors, or of the agents or employees of any Contractor of Subcontractor, or of any other persons at the site or otherwise performing any of the Work. PART 10 10.01 A. - CIIANcES IN THE WORK OWNE} MAY ORDER CHANGES Without invalidating the Agreement, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Agreement Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Part 11 or Part 12 on the basis of a claim made by either party. B. Engineer may authorize minor changes in the Work not involving an adjustment in the Agreement Price or the Contract Time, which are consistent with the overall intept of the Contract Documents. These niay be accom- plished by a Field Order and shall bebinding iinglen Owner, wner, and also on Contractor who shall perform promptly. If Contractor believes that a Field Order justifies an increase in the Agreement Price or Contract Timer. Contractor may make a claim therefor as provided for in Part 11 or Part 12. C. Additional Work performed without authorization of a Change Order will not entitle Contractor to an increase in the Agreement Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.12.A and except as provided in paragraphs 10.01.B and 13.04.B. D. Owner shall execute appropriate Change Orders prepared by Engineer covering changes in the Work which are required by Owner, or required because of unforeseen physical conditions or emergencies, or because of uncovering Work appropriately covered and found not to 23 be defective, or as provided in paragraph 11.04.B or because of any other claim of Contractor for a change in the Contract Time or the Agreement Price which is recommended by Engineer. E. If notice of any change affecting the general scope of the Work or change in the Agreement Price is required by the provisions of any Bond to be given to the Surety, it will be Contractor's responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to owner. F. If Owner and Contractor are unable to agree to the price or time of a change order submittal, as set forth in Parts 11 and 12 herein, the Owner reserves the right to perform said changed work directly or to hire other contractor(s) to perform said changed work. In this event, the Contractor shall not be entitled to any additional cost, fee, or time extension as a result thereof, and Contractor shall permit free site access to the Owner or otl►er contractor(s) engaged by Owner for said changed work. PART 11 - CHANGE OF AGREEMENT PRICE 11.01 AGREEMENT PRICE CIIANGED ONLY BY CHANGE ORDER A. The Agreement Price constitutes the total compensation (subject to authorized adjustments) payable to Contrac- tor for performing the Work. All duties, responsibilit- ies and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Agreement Price. B. '1'he Agreement Price and time may only be changed by a Change Order signed and approved by Contractor and Owner. C. The Owner, through the Engineer, may request changes to the Agreement for additional work or in response to claims by Contractor. All Change Order pricing and time extension analysis shall be in accordance with the following: 1. The Engineer shall submit to the Contractor a "Request for Proposal" outlining the scope of work contemplated for said construction changes. 2. The Contractor shall submit within 14 days of receipt of a "Request for Proposal" a complete cost and fee and time extension analysis for the proposed change which shall include: 24 Detailed itemization of materials and labor estimated for said work; b. Detailed itemization from all subcontractors for their respective labor and materials for said work; c. Copies of quotations from suppliers substan- tiating all materials and equipment costs; d. Itemizat.ion of overhead and fees in accordance with Paragraph 11.03A; e. Any request for contract time extension with all substantiating rationale therefor. D. Contractor Claims. Any claim for an increase in the Agreement Price or time shall be based on immediate verbal notification to the Engineer followed by written notice delivered to the Owner and Engineer within 5 days of the event giving rise to said claim. Detailed notice of the amount of said claim and any attendant time extension, including all supportive data in accordance with Paragraph 11.01C, shall be delivered to Engineer within 15 days of event causing said claim unless Engineer allows additional time to assess specific cost, time or construction details. E. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Agreement Price shall be determined in one of the following ways: 1. On the basis of the estimated Cost of the Work (determined as provided in paragraphs 11.01.C) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.03.A); 2. By mutual acceptance of a lump sum. 11.02 COST OF THE WORK A. The term Cost of the Work means the sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.02.B. 1. Payroll costs for employees in the direct employ of 25 Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Payroll cost for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of trans- portation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to Owner and Contractor shall make provisions so that they may. be obtained. 3. Payments made by Contractor to the Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to Owner who will then determine, with the advice of Engineer, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as Contractor's Cost of the Work. 1111 Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 4. Costs of special consultants (including, but not limited to, engineers, architects, testing labora- tories, surveyors, lawyers and accountants) employed or services specifically related to the Work. 5. Supplemental costs include the following: a. Cost, including transportation and mainten- ance, of all materials, supplies, equipment, 26 b. d. e. machinery, appliances, and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of Contractor. Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, installa- tion, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. Any sales, use or similar taxes related to the Work, and for which Contractor is liable, imposed by any governmental authority. Deposits lost for causes other than Contrac- tor's negligence, royalty payments and fees for permits and licenses. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by Contractor or in connection with the execution of the Work, provided they have resulted from causes other than the negligence of Contractor, any Sub- contractor, or anyone directly or indirectly employed by any of them or for whose acts any of thein may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and Contractor is placed in charge thereof, Contractor shall be paid for services a fee proportionate to that stated in paragraph 11.03.11. Cost of premiums for additional Bonds and insurance required because of changes in the Work. B. The term Cost of the Work shall not include any of the following: 27 1. Payroll costs and other compensation of Contrac- tor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by Contractor whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in subparagraph 11.02.A.1--a.1..L of which are to be considered administrative costs covered by the Contractor's Fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same (except for additional Bonds and insurance required because of changes in the Work). 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.02.A. a. The proportion of necessary transportation, travel and subsistence expenses of Contrac- tor's employees incurred in discharge of duties connected with the Work. The cost of utilities, fuel and sanitary facilities at the site. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, 1[1 28 expressage and similar petty cash items in connection with the Work. 11.03 CONTRACTOR'S FEE A. The Contractor's Fee allowed to Contractor for overhead and profit shall be determined as follows: 1. A fee based on the following percentages of the various portiones of the Cost of the Work: a. For costs incurred under paragraphs 11.02.A.1 and 11.02.A.2, the Contractor's Fee shall be ten percent; and b. For costs incurred under paragraph 11.02.A.3, the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten percent as set forth in Paragraph 11.03A.1.a; and No fee shall be payable on the basis of costs itemized under paragraphs 11.02.A.4, 11.02.- A.5, and 11.02.B. B. The amount of credit to be allowed by Contractor to Owner for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined fee shall be figured on the basis of the net increase if any. 11.04 ADJUSTMENT OF TIIE UNIT PRICE A. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.02.A and 11.02.B, Contractor will submit in form acceptable to Engineer an itemized cost breakdown together with supporting data. B. Where the quantity of Work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order shall be issued on recommendation of Engineer to adjust the unit price. PART 12 - CIIANGE OF THE CONTRACT TIME 12.01 CONTRACT TIME CHANGED ONLY BY CIIANGE ORDER . a r 29 N A. The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract time shall be based on immediate verbal notification to Engineer followed by written notice delivered to Owner and Engineer within five days of the occurrence of the event giving rise to the Claim. Notice of the extent of the claim with supporting data shall be delivered within 15 days of such occurrence unless Engineer allows an additional period of ti.ine to ascertain more accurate data. All claims for adjustment in the Contract time shall be determined by Engineer if Owner and Contractor cannot otherwise agree. Any change in the Contract time resulting from any such claim shall be incorporated in a Change Order. B. The Contract time will be extended in an amount equal to time lost due to delays beyond the control of Contractor if a claim is made therefore as provided in paragraph 12.01.A. Such delays shall include, but not be limited to, acts or neglect by Owner or others performing addi- tional Work as contemplated by Part 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. C. All the time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Part 12 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. PART 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 WARRANTY AND GUARANTEE A. Contractor warrants and guarantees to Owner and Engineer that, without exception, all Work will be in accordance with. the Contract Documents and will not be defective. Four copies of all manufacturer's guaranties or certifi- cates that are required by the Contract Documents shall be submitted to Owner through Engineer prior to acceptance of the Work. No exceptions to Contract Documents and guarantee or warranty requirements are permitted. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Part 13. 13.02 ACCESS TO WORK A. Engineer and Engineer's representatives, other representatives of Owner, testing agencies and govern - 30 mental agencies with jurisdictional interests will have access to the Work at reasonable times for their observa tion, inspection and testing. Contractor shall provide proper and safe conditions for such access. 13.03 TESTS AND INSPECTIONS A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals. B. If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) specifically to be inspected, tested or approved, Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Engineer the required certificates of inspection, testing or approval. Contractor shall also be responsible for and shall pay all costs in connection with Owner's or Engineer's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals required by the Contract Documents shall be paid by Owner (unless otherwise specified), except that the cost of re -testing of materials and equipment as a direct result of a failure to pass a specified test shall be paid by Contractor. C. All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by organizations acceptable to Owner and Contractor (or by Engineer, if so specified). D. If any Work that is to be inspected, tested or approved is covered without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover such Work and Engineer has not acted with reasonable promptness in response to such notice. E. Neither observations by Engineer or inspections, tests or approvals by others shall relieve Contractor from his obligations to perform the Work in accordance with the Contract Documents. 13.04 UNCOVERING WORK 31 A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be un- covered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Engineer may require, that portion of the Work in question, furnish- ing all necessary labor, material and equipment. If it is found that such Work is detective, Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, Contractor shall be allowed all increase in the Agreement Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefor as provided in Parts 11 and 12. 13.05 OWNER MAY STOP THE WORK A. If the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, or fails to furnish or perform the work in such a way that the completed work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party. 13.06 CORRECTION OR REMOVAL OI' DEFECTIVE WORK A. if required by Engineer, Contractor shall promptly, without cost to Owner and as specified by Engineer, either correct any defective Work, whether or not fabri- cated, installed or completed, or, if the Work has been rejected by Engineer, remove it from the site and replace it with nondefective Work. 13.07 ONE YEAR CORRECTION PERIOD A. If within one year after the date of Completion and written acceptance by the Engineer of all punch list 32 items or such longer period of time as may be prescribed by law 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 if found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions within seven (7) days after Owner's issuance of written instructions correct the defective work) or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional profIssional services, shall be paid by Contractor. 13.08 ACCEPTANCE OF DEFECTIVE WORK A. 1f, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, also Engizieer) prefers to accept it, Owner may do so. In such case, if acceptance occurs prior to Engineer's recommend- ation of final payment, a Change Order shall be issued inco>�porating the necessary revisions in the Contract Documents, including appropriate reduction in the Agree- menti Price; or, if the acceptance occurs after such reco►mendation, an appropriate amount shall be paid by Contractor to Owner. 13.09 OWNE MAY CORRECT DEFECTIVE WORK A. If ontractor fails within a reasonable time after writt.en notice of Engineer to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents (including any requ.rements of the progress schedule), Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising his rights undei this paragraph Owner shall proceed expeditiously. To the extent necessary to complete corrective and reme1lial action, Owner may exclude Contractor from all or p rt of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are..stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such access to the site as may be necessary to 33 enable Owner to exercise his rights under this paragraph. All direct and indirect costs of Owner in exercising such rights° shall be charged against Contractor in an amount verified by Engineer, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Agreement Price. Such direct and indirect costs shall include, in particular but wlithout limitation, compensation for additional professional services required and all costs of repair and r placement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an exteng ion of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights hereunder. PART 14 - PAYMENTS TO CONTRACTORS AND COMPLETION 14.01 SCiIED LES A. Prior to submitting the first Application for a progress payme t, Contractor shall have obtained approval of the progr ss schedule, the schedule of Shop Drawing submilsion and the schedule of values of the Work. These schedules shall be satisfactory in form and substances to Enineer. Tlie schedule of values shall include quant ties and unit prices aggregating the Agreement Price and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payme is during construction. Upon acceptance of the sched le of values by Engineer, it shall be incorporated into form of Application for Partial Payment acceptable to En ineer. 14.02 APPLI ATION FOR PROGRESS PAYMENTS A. At lest ten days before each progress payment falls due (but, of more often than once a month), Contractor shall submit to Engineer for review an Application for Partial Payme t completed and signed by Contractor covering the Work ompleted as of the date of the Application and accom anied by such supporting documentation as is required by the Contract Documents and also as Engineer may reasonably require. Each subsequent Application for Partial Payment shall include an affidavit of Contractor statipg that all previous progress payments received on account of the Work have been applied to discharge in full 11 of Contractor's obligations reflected in prior Appli ations for. Partial Payment. The amount of retai age with respect tp..progress payments will be as stipulated in the Agreement. 34 14.03 CONTRACTOR'S WARRANTY OF TITLE A. Contr ctor warrants and guarantees that title to all Work, materials and equipment covered by any Application Lor P yment, whether incorporated in the Project or not, will ass to Owner at the time of payment free and clear of a claims, security interests and encumbrances (hereafter in these General Conditions referred to as "claims"). 14.04 REVI + OF APPLICATIONS FOR PROGRESS PAYMENT A. Enyir eer will,days within 10 da s after receipt of each Application for Partial Payment either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Cont actor indicating in writing Engineer's reasons for refu ing to recommend payment. In latter case, Contactor may make the necessary corrections and resutimit the Application. The Owner shall pay Contrac- tor Within 30 days of Owner's approval of the Applica- tion for Partial Payment. B. Engineer's recommendation of any payment requested in an Appli{{cation for Partial Payment will constitute a repre- sentaltion by Engineer to Owner, based on Engineer's on-site observations of the Work in progress as an experienced and qualified design professional and on Engineer's review of the Application for Partial Payment and a accompanying data and schedules that the Work has prog essed to the point indicated; that, to the best of Engileer's knowledge, information, and belief, the qual,ilty of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a func ioning Project upon Substantial Completion, to the resu is of any subsequent tests called for in the Cont act Documents and any qualifications stated in the reco mendation). However, by recommending any such paym nt Engineer will not thereby be deemed to have repr sented that exhaustive or continuous on-site insp ctions have been made to check the quality or the quan ity of the Work, or that the means methods, tech iques, sequences, and procedures of construction have been reviewed or that any examination has been made to a certain how or for what purpose Contractor has used the honeys paid or to be paid to Contractor_ on account of t e Agreement Price, or that title to any Work, mate ials or equipment has passed Owner free and clear of a y Claims. C. Engi eer may refuse to recommend and the Owner may refuse to p y the whole or any part of any payment if, in their 35 opinion, it would be incorrect to snake such payment. They may also refuse to recommend to make any such payment, or because of subsequently discover evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in Engineer's or Owner's opinion to protect Owner from loss because: 1. The Work is defective, or completed Work has been damaged requiring correction or replacement, 2. Written Claims have been made against Owner or Claims have been filed in connection with the Work, 3. The Agreement Price has been reduced because of modifications, 4. Owner has been required to correct defective work or complete the work in accordance with paragraph 13.09.A, 5. Of Contractor's unsatisfactory prosecution of the work in accordance with the Contract Documents, or 6. Of Contractor's failure to make payment to Sub- contractors for labor, materials or equipment. 14.05 SUBSTANTIAL COMPLETION A. Wlien Contractor considers the entire Work ready for its intended use Contractor shall, in writing to Owner and Engineer, certify that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Within a reasonable time thereafter, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving his reasons therefor. If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion. There shall be attached to the certificate a punch list of items to be completed or corrected before project completion and final payment. 14.06 PARTIAL UTILIZATION A. Use by Owner of completed portions of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following: 1. Owner at any time may request Contractor in writing 36 to permit Owner to use any part of the Work which Owner believes ready and necessary for operation. Engineer shall issue a certificate of partial utilization prior to operation of said portion of work. 2. No occupancy of part of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of paragraph 5.06A in respect of property insurance. 14.07 FINAL INSPECTION A. Upon written notice from Contractor that the Work is complete and that all items on the punch list have been completed, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 14.08 FINAL APPLICATION FOR PAYMENT A. After Contractor has completed all such corrections to the satisfaction of Engineer and delivered all mainten- ance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents and other documents --all as required by the Contract Documents, and after Engineer has indicated that the Work is acceptable (subject to the provisions of paragraph 14.11.A), Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as Engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Claims arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Claim could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator,_..supplier or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner 37 to indemnify Owner against Claim. 14.09 FINAL PAYMENT AND ACCEPTANCE A. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accom- panying documentation --all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor has fulfilled all of his obli- gations under the Contract Documents, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing his recommendation of payment and present the Application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of paragraph 14.11.A. otherwise, Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the 'Application and accompanying documentation are appropriate as to form and substance and when Owner has approved payment request, Owner shall, within thirty days thereof pay Contractor provided publication of notice of final settlement, pursuant to Statutory requirements, shall also precede final payment to Contractor. B. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 14.10 CONJRACTOR'S CONTINUING OBLIGATION A. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer, nor the issuance ofa certificate of Substantial Completion, nor any pay 38 by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant to paragraph 14.09.A, nor any correction of defective Work by owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. 14.11 WAIVER OF CLAIMS A. The making and acceptance of final payment shall consti- tute: 1. A waiver of all claims by Owner against Contractor, except claims arising from unsettled Claims, from defective Work appearing from final inspection pursuant to paragraph 14.07.A or from failure to comply with the Contract Documents or the terms of any special guarantee specified therein; however, it shall not constitute a waiver by Owner of any rights in respect of Contractor's continuing obliga- tions under the Contract Documents; and 2. A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. PART 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER MAY SUSPEND WORK A. Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor and Engineer which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed. Contractor will be allowed an increase in the Agreement Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as provided in Parts 11 and 12. 15.02 OWNER MAY TERMINATE A. Upon the occurrence of any one or more of the following events, Owner may terminate the Agreement: 1. If Contractor is adiudged a bankrupt or insolvent, 2. If Contractor makes a general assignment for the 39 benefit of creditors, 3. If a trustee or receiver is appointed for Con- tractor or for any of Contractor's property, 4. If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bank- ruptcy or similar laws, 5. If Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, G. If Contractor repeatedly fails to make prompt payments to Subcontractors for labor, materials or equipment, 'I. If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, 8. If Contractor disregards the authority of Engineer, or 9. If Contractor otherwise violates in any substantial way any provisions of the Contract Documents. B. Owner may after giving Contractor and his Surety seven days' written notice, terminate the services of Contrac- tor, exclude Contractor from the site and take posses- sion of the Work and all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Con- tractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Agreement Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified by Engineer and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to obtain the lowest figure for the Work performed. C. Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights of Owner against Contractor then existing or which may 40 thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. D. Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. 15.03 CONTRACTOR MAY STOP WORK OR TERMINATE A. If, through no act or fault of Contractor, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Partial Payment within 30 days after it is submitted, or Owner fails for thirty days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of term- inating the Agreement, if Engineer has failed to act on an Application for Payment or Owner has failed to make any payment as aforesaid, Contractor may upon seven days' notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of his obligations under paragraph 6.14.A to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. 15.04 OWNER MAY TERMINATE FOR CONVENIENCE • A. The Owner may terminate the performance of Work under the Contract Documents in accordance with this section, in whole, or from time to time in part, whenever the Owner shall determine that such termination is in the best interest of the Owner. Any such termination shall be affected by delivery of a written Notice of Termin- ation to the Contractor specifying the extent to which performance of Work under the Contract is terminated and the date upon which termination becomes effective. B. After receipt of a notice of termination, and except as otherwise directed by the Owner, the Contractor shall: 1. Stop Work under the.Gontract on the date and to the extent specified in the Notice of Termination. 41 2. Place no further orders or subcontracts for materials, services, or facilities except as neces- sary to complete the portion of the Work under the Contract which is not terminated. 3. Terminate all orders and subcontracts to the extent that they relate to the performance of Work ter- minated by the Notice of Termination. 4. Assign to the Owner, in the manner, at the times, and to the extent directed by the Owner, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated. The Owner shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. 5. Settle all outstanding liabilities arising out of such termination subcontracts, with the approval or the Owner to the extent he may approval or ratification shall be purposes of this clause. and all claims of orders and ratification of require. His final for all 6. Transfer to the Owner, and delivery in this manner, at the times, and to the extent, if any directed by the Owner: a. The fabricated or unfabricated parts, Work in process, completed Work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the Notice of Termination; and b. The completed or partially completed plans, drawings, information, and other property which, if the Project had been completed would have been required to be furnished to the Owner. 7. Use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices that the Owner directs or authorizes, any property of the types referred to above in this clause, but the Contractor: a. Shall not be required to extend credit to any purchaser; and b. May acquire any...such property under the condi- tions prescribed and at a price or prices approved by the Owner. The proceeds of any 42 such transfer or disposition shall be applied in reduction of any payments to be made by the Owner to the Contractor under the Contract Documents or shall otherwise be credited to the Agreement Price or cost of the Work covered by the Contract Documents or paid in such other manner as the Owner may direct. 8. Complete performance of such part of the Work as shall not have been terminated by the Notice of Termination. 9. Take such action as may be necessary, or as the Owner may direct, for the protection and preserva- tion of the property related to the Project which is in the possession of the Contractor and in which the Owner has or may acquire an interest. C. After receipt of a Notice of Termination, the Contrac- tor shall submit to the Owner his termination claim, in the form and with the certification the Owner pre- scribes. Such claim shall be submitted promptly, but in no event later than one year from the effective date of the termination, unless one or more extensions in writing are granted by the Owner upon request of the Contractor made in writing within such one (1) year period or authorized extension. However, if the Owner determines that the facts justify such action, he may receive and act upon any such termination claim at any time after such one (1) year period or extension. if the contractor fails to submit his termination claim within the time allowed, the Owner may determine, on the basis of information available to him, the amount, if any, due to Contractor because of the termination. The Owner shall then pay to the Contractor the amount so determined. D. Subject to the provisions of this paragraph, the Contrac- tor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor because of the total or partial termination of Work under this subsection. The amount or amounts may include a reasonable allowance for profit on Work done. However, such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Agreement Price as reduced by the amount of payments otherwise made and as further reduced by the Agreement Price of the portion of the Property not terminated. The Contract Documents shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in this paragraph prescribing the amount to. be paid to the Contractor in the event of the failure of the Contractor and the Owner to agree upon the whole amount to be paid to the 43 • Contractor because of termination of Work under this Section, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts which may be agreed upon to be paid to the Contractor pursuant to this paragraph. E. If the Contractor and the Owner fail to agree on the whole amount to be paid to the Contractor because of the termination of Work under this section, the Owner shall determine, on the basis of information available to him, the amount, if any, due to the Contractor by reason of the termination and shall pay the Contractor the amounts determined as follows: 1. For all Contract Work performed before the effective date of the Notice of Termination the total (without duplication of any items) of: a. The cost of such Work. b. The cost of settling and paying claims arising out of the termination of Work under sub- contracts or orders as paragraph 15.04.B.3 above provides. This cost is exclusive of the amounts paid or payable on account of supplies or materials delivered or services furnished by the Subcontractor before the effective date of the Notice of Termination. These amounts shall be included in the cost on account of which payment is made. c. A sum, as profit, that the Owner and Contrac- tor determine to be fair and reasonable. But, if it appears that the Contractor would have sustained a loss on the entire Project had it been completed, no profit shall be included or allowed under this paragraph and an appro- priate adjustment shall be made reducing the amount of the settlement to reflect the indica- ted rate of loss. 2. The reasonable cost of the preservation and protec- tion of property incurred and any other reasonable costs incidental to termination of the Work under the Contract Documents, including expense incidental to the determination of the amount due to the Contractor as a result of the termination of Work under the Contract Documents. The total sum to be paid to the Contractor shall not exceed the total Agreement Price as reduced by the amount of payments otherwise made and as further reduced by the Agreement Price of Work not terminated. Except for 44 normal spoilage, and except to the extent that the Owner shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the Contractor the fair value, as determined by the Owner, of property to the extent that it is undeliverable to the Owner, or to a Buyer under paragraph 15.04.B.7 of this section. F. The Contractor shall have the right to dispute under the Disputes provision any determination the Owner makes under this section. But, if the Contractor has failed to submit his claim within the time provided in paragraph 15.04.0 and has failed to request and extension of time, he shall have no such right of appeal. In any case where the Owner has determined the amount due, the Owner shall pay to the Contractor the following: 1. If there is no right of appeal hereunder or if no timely appeal has been made, the amounts so deter- mined by the Owner; or 2. If a dispute proceeding is initiated, the amount finally determined in such dispute proceeding. G. In arriving at the amount due to the Contractor under this clause there shall be deducted: 1. All unliquidated advance or other payments on account therefor made to the Contractor, applicable to the terminated portion of the Work. 2. Any claim which the Owner may have against the Contractor in connection with this Contract. 3. The agreed price for, or the proceeds of sale of, any materials, supplies or other things kept by the Contractor or sold, under the provisions of this section, and not otherwise recovered by or credited to the Owner. 11. If the termination hereunder be partial, before the settlement of the terminated portion of this Contract, the Contractor may file with the Owner or request in writing for an equitable adjustment of the price or prices specified in the Contract relating to the continuing portion of the Work (the portion not terminated by the Notice of Termination). Such equitable adjustment as may be agreed upon shall be made in the price or prices. Nothing contained herein shall limit the right of the Owner and the Contractor to agree upon the amount or amounts to be paid to the Contractor for the completion of the continued portion of the Work when 45 the Contract Documents do not contain an established Contract Price for the continued portion. PART 16 - MISCELLANEOUS 16.01 GIVING NOTICE A. Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the indivi- dual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the - notice. 16.02 COMPUTATION OF TIME A. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 16.03 CORRECTION PERIOD A: Nothing in the General Conditions concerning the correc- tion p riod shall establish a period of limitation with respect to any other obligation which Contractor has under the Contract Documents. The establishment of time period relates only to the specific obligations under the Contract Documents which may be sought to be enforced, not to the time within which proceedings may be com- menced to establish Contractor's liability with respect to its obligations other than specifically to correct the Work. 16.04 GENERAL A. ShouldOwner or Contractor suffer injury or damage to his 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 responsible, the injured party shall notify the other party within a reasonable time of the first obser- vance of such injury or damage. B. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but 46 without limitation, the warranties, guarantees and obligations imposed upon Contractor by paragraphs 6.14.A, 13.O1.A, 13.06.A, 13.09.A, 14.03.A, and 15.02.A and all of the rights and remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any of or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph shall 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 shall survive final payment and termination or completion of this Agreement. PART 17 - DOCUMENTS 17.01 COUNTERPARTS OF `1'11E AGREEMENT A. Six copies of the Contract Documents will be prepared by Engineer. All copies will be submitted to Contractor and Contractor shall execute the Agreement, insert all insurances, and submit all copies to Owner within 15 days. The date on the Agreement and bond forms and the certification date on the power of attorney shall be left blank for filling in by Owner. B. Owner will execute all copies, insert the date on the Agreement and transmit all copies to Engineer within 10 days, for review and distribution. Distribution of signed copies will be one copy each to Owner, Contractor, Sureties, and Engineer. Contractor shall be responsible for distribution of copies to the Surety. 17.02 PERFORMANCE AND OTHER BONDS A. Performance, Payment and Warranty Bond shall be in an amount equal to 100 percent (100%) of the Agreement Price, as indicated by Change Orders, as security for payment of all wages and bills contracted for materials, supplies, and equipment used in the performance of the contract. B. Bonds shall be executed on the forms included in the Contract Documents. Each Bond shall be accompanied by a "Power of Attorney" authorizing the attorney-in-fact to bind the Surety and certified to include the date of the Bond. 47 17.03 CONTRACTOR'S LIABILITY INSURANCE A. Employer's liability and comprehensive general liability insurance shall include "all states" endorsements. To the extent that Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion ordamage to blasting, explosion collapse of buildings, to underground property. B. The limits of liability for Contractor's Liability Insurance shall not be less than: 1. Worker's Compensation: Statutory 150,000 each 2. Employer's Liability: $ person $ 400,000 each occurrence 3. Comprehensive General Liability a. Bodily injury $ 150,000 each person $ 400,000 each occurrence 400,000 each b. Property damage $ occurrence $1,000,000 aggregate 4. Comprehensive Automobile Liability 150,000 each a. Bodily injury $ person $ 400,000 each occurrence b. Property damage $ 400,000 each occurrence $1,000,000 aggregate C. At the option of Contractor, evidence of coverageOland limits may be furnished by an umbrella liability policy certificate in addition to certificates for Workmen's Compensation and employer's liability, and comprehensive automobile and general liability policies. 17.04 OWNER'S LIABILITY INSURANCE 48 A. Contractor shall purchase and maintain Owner's protec- tive liability insurance. This insurance shall be issued in the name of Owner and shall protect and defend Owner against all claims arising as a result of the operations of Contractor or his Subcontractors. The liability limits shall be as specified for comprehensive general liability insurance. 17.05 PROPERTY INSURANCE A. Owner ''intends to, and may, but is not obligated to purchase and maintain property insurance upon the Work at the site to Lhe full insurable value thereof. This insurance shall include the interests of Owner, Contractor and Subcontractors in the Work, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property ( including fees and chares fesof eengineers, architects, attorneys and other profess- ionals). Contractor shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Partial Payment. B. Owner intends to, ,andloiand machinery may,but obligated purchase and maintain 1 C. If Contractor requests in writing that other special insurance be included in the property insurance policy, Owner shall, if possible, include such insurance, and the cost thereof shall be charged to Contractor by appropriate Change Order. Prior to commencement of the Work, at the site, Owner will in writing advise Contrac- tor whether or not such special insurance has been procured by Owner. D. Builder's Risk Insurance. 1. Contractor shall purchase and maintain builder's risk insurance. This insurance shall be written in completed value form and shall protect Contractor, Owner, and Engineer against risks of damage to buildings, structures, and materials and equipment root otherwise covered under installation floater insurance, from the__perils of fire and lightening, the perils included in the standard extended coverage endorsement, and the perils of vandalism 49 and malicious mischief. The amount of such insurance shall be not less than the insurable value of the Work at completion less the value of the materials and equipment insured under installation floater insurance. Builder's risk insurance shall provide for losses to be payable to Contractor, Owner, and Engineer as their interests may appear. The policy shall contain a provision that in the event of payment for any loss under the coverage provided the insurance company shall have no rights of recovery against the Contractor, Owner, and Engineer. E. Installation Floater Insurance. 1. Contractor shall purchase and maintain installation floater insurance. 2. Equipment such as pumps, compressors, basin equipment, motors, switchgear, transformers, panel boards, control equipment, and other similar equipment shall be insured under the installation floater insurance when the aggregate value of the equipment exceeds Ten Thousand Dollars ($10,000.00). This insurance shall protect Contractor, Owner, and Engineer from all insurable risks of physical loss or damage to materials and equipment not otherwise covered under builder's risk insurance, while in warehouses or storage areas, during installation, during testing, and after the Work is completed. It shall be of the "all risk" type, with coverages designed for the circumstances which may occur in the particular Work included in the Contract Documents. The coverage shall be for an amount not less than the insurable value of the Work at completion, less the value of materials and •equipment insured under builder's risk insurance. The value shall include the aggregate value of the Owner -furnished equipment and materials to be erected or installed by Contractor not otherwise insured under builder's risk insurance. Installa- tion floater insurance shall provide for losses to be payable to Contractor, Owner, and Engineer as their interest may appear. The policy shall contain a provision that in the event of payment for any loss under the coverage provided the insurance company shall have no rights or recovery against the Contractor, Owner, and Engineer. 3. Certificates of insurance covering installation floater insurance shall quote the insuring agreement 50 aid all exclusions as they in lieu of certificates, copies of the complete P licy may be submitted. F. I3uilde•s risk insurance policies shall contain a provision that the coverage afforded will not be cancelled or materially changed until at least 30 days prior written notice has been given to Owner. G. Insured losses under policies of insurance which include Owner'8 interests shall be adjusted with Owner and made payable to Owner as trustee for the insureds, as their interets may appear, subject to the requirements of any applicable mortgage clause, and any direction by arbitrators. Owner as trustee shall have the right to adjust and settle losses with the insurers unless one of the parties in interest shall object in writing within 5 days after the occurrence of loss to Owner's exercise of this power and, if such objection be made, arbitrators shall a chosen as provided in the General Conditions. Owner; s trustee shall, in that case, make settlement with ie insurers in accordance with the direction of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution. Owner and Contractor waive all rights against each other and against Engineer for damages caused by fire or other perils to the extent covered by insurance except such rights as they may have to tir proceeds of such insurance held by Owner as trust*. Contractor shall require similar waivers by Subcontractors. Each waiver shall be in favor of all other parties enumerated in this paragraph. appear in the policy; or PART 18 - ADDRE 18.01 OWNER A. Owner actin lette addre indic $ES is the person or entity named in the Agreement through its duly authorized agents. All notices, and communications directed to Owner shall be ed and delivered to Owner at the address ed in the Agreement, with a copy to Engineer. 18.02 ENGINTR A. All duties and responsibilities assigned to Engineer in the Contract Documents, with the corresponding rights and authority will be assumed by the Engineer named in the Igreement and its duly authorized agents. All notic , letters and communication directed to Engineer shall be addressed and delivered to Engineer at the addre s indicated in the Agreement. 51 18.03 CONTRA' TOR A. The bU iness addresses of Contractor given in the Bid Form a'd Contractor's office at the site of the Work are hereby designated as the places to which all notices, letter; , and other communication to Contractor will be delive ed. 18.04 CHANGE OF ADDRESS A. Either Owner, Contractor, or Engineer may change his addres at any time by an instrument in writing delivered to thl other two. PART 19 - LIQUID TED DAMAGES A. Time i! an essential condition of the Contract. Should Contra tor fail to perform the Work within the period of time ipulated in the Agreement, Contractor shall pay to Own r, as liquidated damages and not as a penalty, the amoun set forth in the Contract Agreement unless exten ons of time granted by Owner specifically provide for t waiving of liquidated damages. B. In ca of joint responsibility for delay in the final compl,ion of the Work, where two or more separate contr ts are in force at the same time and cover work at the same site, liquidated damages assessed against any o Contractor for the delay shall be determined by, and i� the judgment of, Engineer. C. Owner shall have the right to deduct the liquidated damag from any money in its hands, otherwise due, or to be me due, to Contractor, or to sue for and recover compe sation for damages for nonperformance of this Contr t within the time stipulated. PART 20 - EXIST, G INSTALLATIONS A. Exist; g installations such as water lines, gas lines, sewer', telephone lines, power lines, or similar concealed structures in the vicinity of the Work are indicated on the drawings only to the extent such infor'ation was made available to or discovered by Engin. r in preparing the drawings. There is no guars tee as to the accuracy or completeness of such information, and all responsibility for the accuracy and complteness thereof is expressly disclaimed. Generally, cervi a connections are pot indicated on the drawings. ctor shall be solely responsible for locating all B. Contr 52 exist in ad Owne own i.nd1 Inst ng installations, including service connections, ance of excavating or trenching, by contacting the thereof and prospecting. Contractor shall use his formation and shall not rely upon any information ted on the drawings concerning existing lations. C. The t -neral Conditions provisions regarding Unforeseen Phys al Conditions do not apply to the existing Inst=1.lations indicated in the preceding paragraphs. Any .-lay, additional Work, or extra cost to Contractor caus by existing installations shall notocOnstitute a clad for extra Work, additional payment, PART 21 - STRE ; LINED SPECIFICATIONS specificationsheare written in the streamlined or dec1 A. `1'c1 native style, utilizing incomplete sentences. - phrases "The Contractor Omissions of such words and h " "shall be," "as shown therewith, shale; ," "in conformity "all" are inten- " " "an," "the," and ll on t e drawings,"a,l be do 1 in streamlined rn`t1ieI�sames. Omittemannea asrwl enhalnote appe ied by inference i of such words ap pq=rs on the drawings. The omission iding all items sha '+ not relieve the Contractor from p and ork described herein or indicated on the drawings. PART 22 - HANING OF DISPUTES 22.01 DIS A. Any; the! Eng; mak to whe Dol and Coni suc th4 re th or the tha sty fo (3' de fa TES laim, dispute, or other matter in question between Contractor and the Owner and referred to the e eer, except those which have beemayai ed be by the ng or acceptance of final payment, rbitration upon the written demand of either party e the amount claimed does not ex sextension of e Thousand ars ($50,000.00) or seven (7) day the Owner time the dispute or claomdemandinvolves for only arbitration of any tactor. However, claim, dispute, or other matter may be made deeunrtil earlier of (1) the date on which the Eng ered a written decision, or (2) the tenth day after parties have presented their evidence to the Engino so,eer ave been given a reasonable opportunity to if Engineer has not rendered n decisionten of decision eEngineer date. When such a (2) that demand es (1) that the decision is final, arbitration of a claim, must be madewithin thig rty days after the date..on which the p erand (3) that :e nd receives the written decision, lure to demand arbitration within said thirty (30) 53 days' becomi Contra arbitr decisi supers is acc 22.02 D1SPUT A. Subjec claimsl the Ow Docume arbitr Arbitr then otherw 22.03 AWARDS A. Such a and b' manneri dures. more c the pa or hi issuan 22.04 DISPUT A. All d set fo additi subjec all o signat PART 23 - DUTIES AUTHOR 23.01 DESCRI A. Proje as dii He sh His d= will, His de with superi eriod will result in the Engineer's decision final and binding upon the Owner and the or. If the Engineer renders a decision after ion proceedings have been initiated, such may be entered as evidence but will not ie any arbitration proceedings unless the decision •table to all parties concerned. LIMITATIONS to the limitations of Paragraph 22.01, all disputes, and other matters in question between er and contractor and arising from the Contract s or the breach thereof, shall be decided by ion in accordance with the Construction Industry tion rules of the American Arbitration Association staining, unless the parties mutually agree e. arils rendered by the arbitrators shall be final ding on all parties to the extent and in the provided by the Colorado Rules of Civil Proce- All awards may be filed with the clerk of one or urts, State or Federal, having jurisdiction over y or parties against whom such award is rendered property, as a basis of judgment and of the e of execution for its collection. OUTSIDE THE LIMITATIONS putes which do not fall within the limitations th in Paragraph 22.01 or which involve parties in n to the Owner and Contractor shall not be the of arbitration, except by the mutual consent of the parties involved in the dispute, whether ries to this Contract or not. RESPONSIBILITIES, AND LIMITATIONS OF THE TY OF PROJECT REPRESENTATIVE TION Representative is Engineer's Agent and shall act cted by and under the supervision of Engineer. 1 confer with Engineer regarding his actions. lings in matters pertaining to the on-site Work n general, be only with Engineer and Contractor. lings with subcontractors will only be through or he full knowledge of Contractor or his tendent. He shall generally communicate with 54 Owner only through or as directed by Engineer. 23.02 PROJECT REPRESENTATIVE A. Conferences. 1. Attend preconstruction conferences and regular project review meetings. B. Liaison. 1. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist him in understanding the intent of the Contract Documents. 2. As requested by Engineer, assist in obtaining from Owner additional details or information, when required at the job site for proper execution of the Work. 3. In the interest of preserving the proper channels of communication, advise Engineer of any direct communication between Owner and Contractor. C. Shop Drawings and Samples. 1. Receive and record date of receipt of Shop Drawings and samples which have been reviewed by Engineer. 2. Receive samples which are furnished at the site by Contractor for Engineer's review, and notify Engineer of their availability for examination. 3. Advise Engineer and Contractor or his superinten- dent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if .the submission has not been accepted by Engineer. D. Review of Work 1. Conduct on-site observations of the Work in progress to assist Engineer in determining that the Project is proceeding in accordance with the Contract Documents and the completed Work will conform to the Contract Documents. 2. Report to Engineer whenever he believes that any Work is unsatisfactory, faulty, or defective or does not conform to the _contract Documents, or has been damaged, or does not meet the requirements of any inspections, tests, or approvals required to be 55 ma 511 ut to e, and advise Engineer when he believes Work uld be corrected or rejected or should be overed for observation, or requires special ting or inspection. 3. Vd .ify that tests, equipment, and systems start - u and operating and maintenance instructions are c iducted as required by the Contract Documents and i presence of the required personnel, and that C tractor maintains records thereof; observe, ✓ ord, and report to Engineer appropriate details r ative to tiie test procedures and start-ups. 4. A ompany owner and visiting inspectors represent - public or other agencies having jurisdiction o ; r the Project, record the outcome of these i pections and report to Engineer. 5. I .erpretation of Contract Documents: a Transmit to Contractor clarification and interpretation of the Contract Documents as issued by Engineer. G. Modifications: a Consider and evaluate Contractor's suggestions for modifications and in Drawings or Specifications and report them with recom- mendations to Engineer. 7. R cords: a Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and sample submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional Drawings issued subsequent to the execution of the Agreement, Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project -related documents. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of principal visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. Send copies to Engineer. 56 8. 9. 10. 23.03 LIMI A. Prod exce B. The 1. 2. Record names, addresses, and telephone numbers of all Contractors, subcontractors, and major suppliers of equipment and materials. Advise Engineer whenever Contractor is not currently maintaining an up-to-date copy of Record Drawings at the site. ports: Furnish Engineer daily and weekly reports as required to represent the status of the Work and of Contractor's compliance with the approved progress schedule, schedule of Shop Drawing submissions, and other schedules. arantees, Certificates, Maintenance, and Operation nuals: During the course of the Work, verify efthaat hat guarantees, certificates,maintenance, operation manuals and other datarequiredto ato be assembled and furnished by applicable to the items actually installed; and deliver these data to Engineer to final for his review and forwarding to owner prior acceptance of the Project. gmpletion: Conduct final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be corrected. Verify that all items on final list have been corrected and make recommendations to Engineer concerning acceptance. TIONS OF AUTHIORITY t Representative shall be limited in authority upon written instructions of Engineer. oject Representative: hall not authorize any deviation from the Contract ocuments or approve any substitute materials or quipment. hall not undertake any of the responsibilities of ontractor, sub -Contractor, or Contractor's 57 3. S, w construc\geuer-e erintendent. all not advise on or issue directions as to safety cautions and programs in connection with the mak. on 58 CONSTRUCTION SPECIFICATIONS FOR 70,000 GALLON WATER STORAGE TANK 1. GENERAL DESIGN REQUIREMENTS: 1.1 Design - The design, materials incorporated, shop fabrication, inspection, erection, welding, and all testing and disinfecting shall be in accordance with the latest revision of American Water Works Association Standard for Welded Steel Tanks for Water Storage (AWWA D100 - 84). Following award of contract, the Contractor shall prepare detail drawings which are to be submitted to the Engineer for review and verification of compliance with design requirements before proceeding with any fabrication. It shall be designed and built to meet the requirements of the Colorado Department of Health. Painting shall be in accordance with the latest revision of the American Water Works Association Standard for Painting Steel Water Storage Tanks. Disinfection shall be in accordance with the latest rules and regulations of the Colorado Department of health. 1.2 Drawings - The following drawings are considered a part of these construction specifications: Sheet _, Tank Site Plan and Pipeline layout, Sheet 70,000 Gallon Water Storage Tank Details. 2. OWNERS RESPONSIBILITY 2.1 Items to be Furnished by the Owner - The Owner will provide access to the site and a foundation upon which the tank shall be built. The drawings noted above illustrate the site topography and finished grade of the foundation. 2.1.1 Tank Foundation - The owner will furnish a Type 4 tank foundation with all backfilling and rough grading completed and ready for the tank contractor to erect the tank. The tank foundation shall provide a minimum bearing pressure of 3,000 pounds per square foot. In addition, room will be provided for the tank contractor's staging, storage and work requirements. 2.1.2 Tank Service Piping - The Owner will furnish and install all underground piping necessary to connect the tank to the water system, drain, overflow and all other piping away from the tank which may be required. The proposed service piping sizes and locations are shown on the plans. The Owner shall furnish and install steel stub pipe fittings above the bolted flexible couplings or pipe unions in order to provide a service piping which shall extend 6" above the top of the tank foundation. WST-1 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 2.1.3 Water for Testing - The Owner will furnish and dispose of all water required for testing purposes. The water will be furnished to the tank at sufficient pressure to fill the tank and, if necessary, will be disposed of without delay after testing is completed. 3. GENERAL CONSTRUCTION REQUIREMENTS 3.1 Construction - The tank contractor shall furnish all materials, labor, tools and equipment required for fabricating, delivering, erecting, painting and disinfecting one 70,000 gallon welded steel water storage tank, complete with the accessories specified, ready for service. The tank shall have a diameter of 22 feet, 6-3/E3 inches . The height from the bottom of the tank to the top of the overflow pipe shall be 23 feet, 6 inches, and the shell shall extend above the top of the overflow pipe a minimum of six inches (6"). The tank shall be provided with a minimum roof cone pitch of 3/4" to 12". 3.2 Accessories - The tank contractor shall furnish the following accessories for a welded steel tank: 3.2.1 Shell Manholes - Two 24" diameter manholes shall be furnished in the lowest ring of the tank shell at the locations shown on the plans. 3.2.2 Service Anchor - The roof shall be furnished with a one inch diameter round steel bar to be used as an anchor from which bosun chairs, ladders or similar devices may be secured for future servicing of the exterior of the tank. This anchor bar shall project at least six inches vertically above the center point of the roof. The upper two inches shall be threaded and provided with a hexagonal nut. The anchor bar shall be secured to the roof structural members by welding. 3.2.3 Roof Hatch - A 24" square clear opening roof hatch, located as shown on the plans, shall be furnished. The hatch shall have a curb at least four inches high. The cover shall overlap the curb at least two inches and shall be provided with suitable hinges constructed such as to allow the open hatch to lay flat on the tank roof and with a hasp for locking. 3.2.4 Outside Tank Ladder - A steel ladder extending from the bottom of the tank to the top of the tank with caged access and safety handrails, in conformance with requirements of the Occupational Safety and Health Administration, U.S. Department of Labor, shall be provided. The ladder may be vertical but shall not have a backward slope at any point. A walkway constructed of an expanded metal or other non -slip grating shall be constructed across the roof from the top of the ladder to the roof hatch. WST-2 JEROME GAMBA & ASSOCIATES, INC. CONSUJ1NG ENGINEERS & LAND SURVEYORS 11 111 3.2.5 Overflow Pipe - An inside overflow pipe having a configuration as illustrated on the plans shall be furnished and installed extending from the coupling located below the bottom of the tank, plumb and true, to the height called for in the plans. 3.2.6 Roof Finial Vent - The roof shall be furnished with a finial vent located above the high water line. It shall be so designed that dangerous pressures will not be developed at any time during either the filling or emptying of the tank. For design purposes, the maximum rate of filling or emptying of the tank shall be considered veteshallbe so the rate per designed and constructed astosecond time. of The ventprevent the ingress of birds or animals. 3.2.7 Connections to Tank Service Piping - The tank contractor shall make the connections to the tank service pipes such as overflow, transmission and drain piping as shown on the plans. The tank contractor shall make these welded connections to the Owner furnished and installed steel pipe service piping stubs in a clean, neat, workmanlike manner. 3.3 Painting of Steel Tank - The tank contractor shall furnish and apply protective coating to the tank and accessories in accordance with AWWA D102-78, the AWWA Standard for Painting Steel Water Storage Tanks and with the following additional specifications: 3.3.1 Surface Preparation - Prior to the application of the first, or prime coat, all inside and outside surfaces of the tank, except the underside of the bottom, shall be sand blast cleaned in accordance with Surface Preparation Specification No. 6 "Commercial Blast Cleaning" as published by the Steel Structures Painting Council. If the prime coat of paint is applied in the fabrication plant, all abraded afterplaces erectionand aswelded completedseams andhbeforall bee cleaned and prime painted the finish coats are applied. 3.3.2 Application Pointers - All protective coating materials shall be delivered to the tank site in sealed containers which have not been previously opened. Each container shall be clearly labeled by the manufactured with the manufacturer's name and the type of protective coating contained. Protective coatings shall be applied strictly in accordance with the manufactuesrer's instructions. Prime and finish coats used on any be furnished by the same manufacturer or written proof of compatibility of coatings shall be provided to the Engineer. Coating film thickness for protective coating shall be in accordance with the manufacturer's recommendations. During application, wet film thickness l be Themtankocontrared �torewill rify conformance with coverage r quirements be required to furnish to the Engineer the coating manufacturer's recommended film thickness volume contentoat of the system to of the coating, and/or be appliepplied,, the non-volatile WST-3 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS do LAND SURVEYORS the ratio of dry film thickness to wet film thickness, and/or the theoretical coverage in the mils per sq ft coverage per gallon. Some coatings may require dilution with thinner to facilitate application. When coatings are thinned, only material recommended by the paint manufacturer shall be used in accordance with the manufacturer's recommendations. A coating shall not be thinned for the purpose of increased coverage. The tank contractor shall furnish to the Engineer the volume of solvent added. Compensation for the affect of thinner addition will be determined by the Engineer in order to verify proper coating thickness. The first coat of printer or pre -treatment -treatment to any weld seam or lap shall be by brush. All painting shall be done in a neat and workmanlike manner to provide a first class job. It is urgent that the tank contractor knows the pot -life of epoxies or other two component materials, therefore the Engineer shall be provided by the tank contractor with written data on pot -life prior to the mixing and application of these coatings. Finish coats shall be free of pin-holes and holidays and shall pass a low -voltage holiday detector test which will be conducted by the Engineer. 3.3.3 Drying Time and Application Temperatures - Drying times given on directions or data sheets are based on normal conditions; it should be realized they are not complete and variations can be encountered. Since of equal importance to the actual atomspheric conditions and surface temperature at the time of application are the conditions that may prevail immediately following application, the judgement of the Engineer shall be exercised in determining the feasibility of proceeding with painting. 3.3.4 Inside Paint - The inside of the tank shell, bottom, roof plates and the roof supporting members shall be painted in accordance with AWWA D102-78, Inside Paint System No. 1, Designation I -1-W, with a finished minimum dry film thickness of 8.0 mils. A proprietary paint system of similar materials will be acceptable, provided the finished dry film thickness is not less than 8.0 mils. The interior epoxy paint system shall meet or exceed the standards of Koppers Glamorglaze 200 Epoxy system or Tnemec Series 20 Pota-pax system. 3.3.5 Outside Paint - The outside of the tank shell, roof plates, ladders and accessories shall be painted in .accordance with AWWA D102-78, Outside Paint System No. 3, Designation 0-3-S, with a finished minimum dry film thickness of 4.0 mils. A proprietary paint system of similar materials will be acceptable, provided the finished dry film thickness is not less than 4.0 mils. The colors of the outside paint shall be as follows: i. The roof and all appurtenant structures about the roof level shall be non -gloss black; and ii. The vertical shell from the base to the roof and all appurtenant structures and accessories shall be a green shade as near as possible to the tree color in the area. The Owner shall make the final color selection. WST-4 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS The tank contract r shall provide the Owner with one gallon of the work. vertical shell outside paint for touch up 3.4 Disinfection - After the final inside paint coat to the tank has been acceptably applied and has dried in accordance with the specification for the paint used, the tank shall be disinfected by the tank contractor. The tank contractor shall spray the interior submerged surfaces with a solution containing 200 ppm of chlorine. Disinfection shall be accomplished in a manner acceptable and approved by the Colorado Department of Health. 3.5 Testing - After the construction, painting and disinfection of the steel tank is completed, the Owner will fill the tank to the high water line. Any leaks that are disclosed shall be repaired by the tank contractor. No repair work shall be done on any joint unless the water in the tank is at least two feet below the point being repaired. If water is not available for testing upon completion of the tank, the testing will be done by the Owner and the Owner will pay whatever transportation expenses are incurred by the tank contractor if it is necessary for him to return men to the job. 3.6 Clean-up - Clean-up shall be a continuous process from project start-up to final acceptance of the work by the Engineer. The Contractor shall, at all times, keep the property on which work is in progress free from accumulation of waste material or rubbish caused by employees or caused by the work, and he shall carry on a constant program to maintain plant areas, structure sites, rights-of-way, and the surface of streets and roads in a condition satisfactory to the appropriate authority, grantor of the rights-of-way, and to the engineer. Upon completion of the work, the Contractor shall remove all remaining rubbish, tools, equipment, scaffolds and surplus materials from the job and leave the work area clean and free of debris. Preliminary clean-up shall be commenced as soon as the construction site is occupied by the Contractor (including his employees, supplies, material or equipment) and shall be a continuous process, if necessary, in order that the site of the work shall have an appearance and or utility equal to or better than start of the work. Road or street surfaces disturbed shall be restored to their original alignment and grade. The successful completion of the project shall be dependent upon satisfactory compliance with the intent of this section. There shall be no extra payment for this work, but it is construed to be a part of all phases of the work involved. 4. MEASUREMENT AND PAYMENT 4.1 Measurement and Payment - This work shall be paid for at the lump sum bid amount for furnishing, erecting, painting, disinfecting and testing of a 70,000 gallon water storage tank. Final payment shall not be authorized until all clean-up is completed. 11 WST-5 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS CONSTRUCTION SPECIFICATION R.D. RECORD DRAWINGS 1. SCOPE The work consists of preparation of project record drawings throughout the course of the project. The purpose of these drawings is to provide information for the preparation of "as -built" drawings of the project. A. The Contractor will be provided with additional sets of prints of the design plans to use as base maps for record drawings B. The Contractor shall store the drawings at the construction site apart from documents used for construction. c. The Contractor shall maintain the record documents in a clean, dry, legible condition and in good order. 2. RECORDING A. Each drawing shall be labeled "DRAWING OF RECORD" in neat large printed letters. B. Information shall be recorded concurrently with construction progress. Work shall not be covered until required information is recorded. C. Marking of Project Records: Record drawings shall be made with pencil. D. Drawings shall be marked to record actual construction, and shall show: 1. Field Dimensions, elevation, and details. 2. Changes made by Modification. 3. Details not on original Drawings. 4. Horizontal and vertical locations of underground utilities and appurtenances, referenced to a minimum of two permanent surface improvements. 5. Depths of various elements of work in relation to project datum. RD -1 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 3. SUBMISSION A. At the completion of the work, the Contractor shall submit the drawings to the Engineer with a transmittal letter in duplicate containing: 1. Date. 2. Project title and number. 3. Contractor's name, address and telephone number. 4. Title and number of each Record Document. of Contractor or his authorized representative. 5. Signature 4. MEASUREMENT AND PAYMENT The successful completion of the Project shall be dependent upon satisfactory compliance with the intent of this section. There shall be no extra payment for this Work, but it is construed to be a part of all phases and items of the Work involved in the Project. RD -2 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS CONSTRUCTION PECIFICATIONS R.G. RESTORATXON OF GROUNDS 1. Scope of Work 0 Restoration of grounds (also called clean-up) shall be a continuous process from project start-up to Final Acceptance of the work by the engineer. The Contractor shall, at all times, keep property on which Work is in progress free from an accumulation of waste material or rubbish caused by employees or caused by the Work, and he shall carry on a constant program to maintain plant areas, structure sites, rights-of-way, and the surface of streets and roads in a condition satisfactory to the appropriate authority, grantor of the rights-of-way, and the Engineer. Upon completion of the Work, the Contractor shall remove all remaining rubbish, tools, equipment, scaffolds and surplus materials from the job and leave the Work areas clean and free of debris. Unless other wise provided for in the construction specifications, clean-up shall include the re -grading, re -surfacing , rebuilding and replacing of all oil, gravel and concrete on roads on which construction took place or affected. It shall also include the regrading or rebuilding of all borrow pits, borrow ditches, irrigation ditches and driveways disturbed by the construction. Clean-up shall commence as soon as the construction site is occupied and shall be a continuous process, if necessary, in order that the site of the work shall always have an appearance and/or utility equal to that which existed at start of the work. 1. Measurement and Payment The successful completion of the Project upon satisfactory compliance with the int There shall be no extra payment for th construed to be a part of all phases an involved in the Project. RG -1 shall be dependent nt of this section. s Work, but it is items of the Work JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS