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Home My WebLink AboutC88-081 Change Order to In Line Traffic Marking contractAl C88- 104 -21 No.ONE (FINAL) CHANGE ORDER C? Dated September 9, 1988 CONTRACTOR IN -LINE TRAFFIC MARKING COMPANY Contract For1988 Roadway Pavement Contract Date August 15, 1988 Centerline Marking & Beads To: IN -LINE TRAFFIC MARKING COMPANY Contractor You are directed to mane the changes note' *,-)eicw in the subject Contract .II - . By Chairman, George A. Gates Dated 19 &_ Nature of the Changes:Reduce final contract amount from $14,445.00 to $ 13,742.01. ITEM NO. DESCRIPTION DECREASE (1•) Pavement Marking Roadway Paint & Beads From: 1500 gal @ 9.63/gal = 14,445.00 To: 1427 gal @ 9.63/gal = 13,742.01 702.99 These Changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change order Net (/Iht-tkAhk ) ( Decrease ) ReSUltiiig from this Change order $ 14,445.00 702.99 Cu---re::t Contract Price Including This Change order $ 13, 742.01 Contract Time Prior -o This Change Orde_ Au ust 31_,_1988 'Days or Date) mW �� Net(Increase)(P��yF ��)Resulting from This Change Order ONE (Days) Current Contract Time Including This Change Order September 1, 1988 (Days or Date) The Above Changes Are Recommended: Phill Scott ENGINEER By Date The Above Changes Are Accepted: IN -LINE TRAFFIC MARKING COMPANY CONTRACTOR Michael L. Stephan - General Manager Date September 15 , 1988 NQ 'IEN MIN No rn arri� nn��Ric��c gin. >t sxuiu ew sr ♦ � .EUnw. y e =-v- August 10, 1988 2385 South Lipan, Denver, Colorado 80223 PHONE (303) 922-4726 �Q"try ? George A. Gates, Chairman Eagle County Board of County Commissioners 551 Broadway Eagle, Colorado 81631 RE: 1988 Roadway Pavement Centerline Marking and Beads Dear Mr. Gates: . PAINTING . THERMOPLASTIC . PAVEMENT MARKING . PAVEMENT MARKING REMOVAL TYPICAL CROSSWALK MARKINGS Please find enclosed four counterparts of the contract documents for the above referenced project. In addition, the Payment Bond, Performance Bond, and Certificate of Insurance are enclosed. If any further information is required, please call myself or Brad Poer at 922 -4726. Sincerely, Patti L. Tisdall Contract Administrator Enclosures FM 1989 WORLD ALPINE SKI CHAMPIONSHIPS VAIL/BEAVER CREEK August 2, 1988 EAGLE COUNTY 551 Broadway Eagle, Colorado 81631 (303) 328-7311 In-Line Traffic Marking Company 2385 South Lipan Denver, CO 80223 F1110 i 71 �11 ii fli IMS III I [IM11111 Please be noti-Eied that on August 2, 1988 the Eagle County Boarm of County Commissioners awarded the above referenced project to In-Line Traffic Marking in the amount of 814,445.00. County of Eagle, State of Colorado Board of County Commissioners . Gates, Chairman cc: Jim Fritze, Eagle County Attorney Larry Metternick, Eagle County Engineer Bill Heiden, Road and Bridge Supervisor Board of County Commissioners Assessor Clerk and Recorder Sheriff Treasurer P.O. Box 850 P.O. Box 449 P.O. Box 537 P.O. Box 359 P.O. Box 479 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 81631 Eagle, Colorado 8163'. C", ' CONTRACT DOCUMENTS 1988 Roadway Pavement Centerline Marking and Beads Agreement. - . . . . . ` . . . ` . ° . . . . . ^ . . , 7Pages EXHIBIT A To The Agreement . . . , . ^ . " . . . = . . Ll Pages General Conditions . . . . . . ^ . . ^ . . . . . . . . 54 Pages Speof�lProvfsluns. . . Project Drawings . . .. . ^..^-...~ . .. ^~ 4 Pages C88-81-21 aws."Jsz In-Line Traffic Marking Co., a division of Colorado Barricade Rental, 2385 South Lipan, Denver, CO 80223 OWNER and CONTRACTOR, in consideration of the oveants set forth, agree as follows: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: • MUHTRII ARTICLE 2 - ENGINEER The Project has been designed by the Eagle County Engineer (an employee • Eagle County) who is hereinafter called ENGINEER and will assume all duties and responsibilities and will 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. 11 ARTICLE 3 - CONTRACT TIME 3.1 The Work will be substantially completed on or before August 31,1988 and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions on or before August 31, 1988. 3.2 LIQUIDATED DAMAGES: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Eighty -five dollars ( $85.00 ) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. ARTICLE 4 - CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: (See Attached Bid Form) (Marked Exhibit A) ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 2 5.1 PROGRESS PAYMENTS: OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion progress payments will be in an amount equal to: 90 % of the Work completed until fifty percent of the Work is performed after which no additional retainage shall be withheld, and 90 a of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95 % of the Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.7 of the General Conditions. 5.2 FINAL PAYMENT: Upon final completion and acceptance in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing, thereupon and complied with the Revised Statues 1973, Section 38 -26 -107 as amended. Final payment shall be made in accordance with the requirements of aforesaid statue. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this AGREEMENT, CONTRACTOR makes the following representations: 3 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances rules and regulations that in any manner may affect cost, progress or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 6.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement, made a part hereof and consists of the following: 7.1 This Agreement (Pages 4 1 to 7 , inclusive). 3; 7.2 Exhibits A to this Agreement (Pages 1 to 4 , inclusive). 7.3 Performance and other Bonds, identified as exhibits and consisting of pages. 7.4 Notice of Award, Notice to Proceed 7.5 General Conditions (Pages 1 to 54 , inclusive). 7.6 Special Provisions bearing the title and consisting of 1 division and 3 pages, as listed in the table of contents thereof. 7.7 Drawings, consisting of 4 sheets. 7.8 Addenda numbers to , inclusive. 7.9 Documentation submitted by CONTRACTOR prior to Notice of Award (Pages to , inclusive). 7.10 Any Modification, including Change orders, duly delivered after execution of Agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions). ARTICLE 8 - MISCELLANEOUS. 8.1 The terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 5 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without.limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. ARTICLE 9 - OTHER PROVISIONS. -N IN WITNESS WHEREOF, the parties hereto have signed l' this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. C. C) This Agreement will be effective on 19 88 OWNER: Eagle County Board of County Commissioners By: By: LIM ATT Add Eagle County Board of IN -LINE Traffic Marking Co. County Commissioners 2385 South Lipan P.O. Box 850 Denver, Colorado 80223 Eagle, Colorado 81631 h C\1 I -a EXHIBIT "A" .~ PROJECT IDENTIFICATION: E33 -1988 CONTRACT IDENTIFICATION AND NUMBER: THIS BID IS SUBMITTED TO: Board of County Commissioners Eagle County 550 Broadway Eagle, Colorado 81631 Attn: Larry Metternick, Eagle County Engineer 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for thirty days after the day of Bid opening. Bidder will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date Number (Receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Invitation to Bid and the Instructions to Bidders; Fl (b`) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary; (c) This Bid is genuine and not made in the interest of or on 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; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work for the following unit prices: ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT (1. ) Pavement Marking 1500 Gal 3 at /�, 00 Roadway Paint and Beads TOTAL 5. BIDDER agrees that Work will be substantially completed on or before August 31, 19 88 . and completed by August 31, 1988 . BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid security in the form of a certified or bank check or a Bid Bond. 2 t C", f.. 7. Communication concerning this Bid shall be addressed to: 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON 19. If BIDDER IS: An Individual By (SEAL) (Individual's Name) Doing business as 1 Business address: Phone Number A Partnershi By (SEAL) (Firm Name) Business Address: Phone Number: (General Partner) M A Corporation e .2./Lf— tr1 `rez ffie I' l .r r BY : Ct c ir; ,5 rd-?a A Join_ By: (Name) (Address) By: (Name) (Address) By: (Corporate Seal) Attest V 14-" (Corporation Name) M ecrerary 0 (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). 4 pRoouosR NEAR NORTH INSURANCE AGENCY 875 North Michigan, 23r6 Floor Chicago, |L 60811 CONTACT: MARYPATTBON PHONE: (312) 280-5540 U8/U9/88 THIS CERTIFICATE IS ISSUED msA MATTER op/mponM«nom ONLY AND CONFERS wonuxxrm UPON THE CERTIFICATE, HOLDER, r*mCsnr/rCAre DOES NOT Amswo. sxrswoo*Acren THE COVERAGE wpronusoov�xspouo/smmsuow� �_'� Lerrsn A CONTINENTAL CASUALTY COMPANY INSURED LETTI ER 0 TRANSPORTATION INS. CO. In-Line Traffic Marking Co., A Division of Colorado Barricade Rental, Inc. LET TE . R Denver, Colorado 80223 R -10 LET ER TE THIS ISnuusnr1FY THATPOLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED 1141AINIED A-BO'!E: !E7 rEn/oo/woi-CArso morw/rxorAwo/moAwvnsoums�swr nsn�omoowomomor ANY CONTRACT on OTHER oouum�mrw/rwnsapso�ro�x/cxTmaosnr/F/ CAT s�� oe ISSUED onMAvPsnrmw.r*s/waUR�wcE AFFORDED ev THE pouo/smosscmesowsws/w/meuB�soTrO �uTxsrcn�m.s�c�ummwa *w000wo/' rmwsopmuoxrouc/sa� ' LTPJ EXI 5000 1$ 5000 PROD/COMP. OPERATIONS X CONTRACTUAL BUA001602938 1/01/88 1/01/89 5000 EXCESS LIAF.351L�T"' B WC001602934 1/01/88 1/01/89 ocaomPnowOFope �5/1 ooArmma/veH C LES/PearRICrmw �Tsms All Operations and the Equipment of the Insured CELLE5 B�FORIE THE EX Eagle County Board of County C0000iaolooera P.O. Box 850 -FT =XXYMKXXXXXXXXX-xxXrXX-XXX-XXXX)tXXXXXkXkXmkkklk5 Eagle, Colorado 81631 m�rHonoEo�spn Michael Segal �%/ �' FEDERAL INSURANCE COMPANY PAYMENT BOND Bond No. 8118 -70 -84 Amount $ 14, 445.00 Know All Men By These Presents, Thatwe, IN -LINE TRAFFIC MARKING COMPANY, A DIVISION OF COLORADO BARRICADE RENTAL, INC. 2385 South Lipan Denver, Colorado 80223 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS P.O. Box 850 Eagle, Colorado 81631 (hereinafter called the Obligee), ° in the penal sum of fourteen - thousand four - hundred forty five and no /100----------- - - - - -- ------------------------------------------------------------------------------ -Dollars ($ 14,445.00 ---------- ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Obligee, dated August 12th , ig 88 for 1988 roadway pavement centerline marking and beads in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, if the Principal shall pay all lawful claims of sub - contractors, materialmen, or laborers for labor performed or materials furnished directly to the Principal, in the performance of said Contract, we agreeing that this bond shall be for the benefit of any sub - contractor, materialman or laborer having a just claim, then this obligation shall be void; otherwise to remain in full force and effect, subject, however to the following condition: No suit or action shall be commenced hereunder by any claimant: a) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. PROVIDED FURTHER THAT ANY EXTENSIONS OR RENEWALS OF THE REFE6ED CONTRACT SHALL BE COVERED UNDER THIS BOND ONLY WHEN CONSENTED TO IN WRITING BY THE SURETY. PRI�ITEO Form 15- 02.0009 (Rev. 7-83) u. n. POWER OF ATTORNEY .%now all Men by these Presents, That the FcuERAL. INSURANCE COMPANY, 15 Mountain View head, Warren, New Jersey, a New Jersey Corpora- has constituted and appointed, and does hereby constitute and appoint Donald S. Haufe, Deborah J. Adams, Janet B. ckinger, Jill Karls and Karen E. Bogard of Oak Brook, Illinois--------------------------- - - - - -- its true and lawful Attorney-in -Fact to execute under such designation in its name and to affix its corporate Seal to and deliver for and on its behalf as I thereon or otherwise, bonds or obligations on behalf of WASTE MANAGEMENT, INC. AND SUBSIDIARIES------------- - - - - -- connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation. id the execution of such bond or obligation by such Attorneys -in -Fact in this Company s name and on its behalf as Surety thereon or otherwise, under its cor- irate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon this Company. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Assistant Vice- President and Assistant Secretary and its poraie seal to be hereto affixed this 29th day of April 19 87 rporate Seat D O'Connor Secretary ATE OF NEW JERSEY SS. runty of Somerset FEDERAL By INS CE COMP Y George McClellan Assistant Vice - President On this 29th day of April 19 87 , before me personally came Richard D. O'Connor tome known and by me known to be Assistant Secretary of the FEDERAL IN• )RANCE COMPANY. the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is Assistant Secretary the FEDERAL INSURANCE COMPANY and knows the corporate seat thereof: that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority, and that he is acquainted with George McClellan and knows him to be the Assistant Vice - President ' Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said and In deponenl's presence LEO NOTARY ,trial 1TE OF NEW JERSEY ss. unty of Somerset Acknowledged and Sworn to before me on the date above written ALICE LEONARD Notary Public CERTIFICATION NOTARY PUBLIC OF NEW JERSEY. My Commission Expires June 28, 1988 I the undersigned Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors March 11. 1953 and most recently amended March 11, 1983 and that this By -Law is in full force and effect. "ARTICLE XVIII Section 2 All bonds . undertakings. contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice - Chairman or the President or a Vice - President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys -in -tact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undenaking or other obligation as provided in such resolution or power of attorney Secton 3 All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice- Chairman or the President or a Voce - President or an Assistant Vice - President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed ' I further cenay that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia, Puerto Rico. and each of the ovinres of Canada with the exception of Prince Edward Island, and is also duly licensed to become sole surety on bonds, undertakings, etc , permitted or required by law. 1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren, N.J., Seal ,:,. 100338tEd 7831CONSEN1CORP 12th daydf August 19 88 Assistant Secretary PHINTE IN USA z ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF ►LL.tuo(s ss.: COUNTY OF C no V_ On this 12th day of August 19 88 , before me personally came Karen E. Bogard who, being by me duly swdrn, did depose and say that he is an Attorney -in -Fact of the FEDERAL INSURANCE COMPANY, and knows the corporate seal thereof; that the seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that he signed said In- strument as an Attorney -in -Fact of said Company by like authority. My Commission Expires OFFICIAL SEAL fRICIA E. RA E RY PUBLIC, STATE OF ILLINOIS OI 'MISSION EXPIRES 6/2/92 Form 21.10 -103 (Rev. 5-82) Acknowledged and Sworn to before me on the date above written (Notary Public) o ��a CHUBS CROUP OF INSURAN COMPANIES 5 Mountain View Road, P. 0. Box 1615, Warren, New Jersey 07061 -1615 FEDERAL INSURANCE COMPANY PERFORMANCE BOND Bond No. 8118 -70 -84 Amount $14,445.00 Know All Men By These Presents, That we, IN —LINE .TRAFFIC MARKING COMPANY, A DIVISION OF COLORADO BARRICADE RENTAL, INC. 2385 South Lipan Denver, Colorado 80223 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organiz- ed under the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS P.O. Box 850 Eagle, Colorado 81631 (hereinafter called the Obligee), in the sum of f ourteen—thousand four — hundred forty —five and no /100--------- - - - - -- ----------------------------------------------------------------------- Dollars ($14,445.00 ---------- ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 12th day of August 1988 THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Con- tract with the Obligee, dated August 12th , 19 88 for 1988 roadway pavement centerline marking and beads in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Prin- cipal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said Contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said Contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect, subject, however, to the following conditions: NOTWITHSTANDING ANYTHING CONTAINED IN THE CONTRACT TO THE CONTRARY, THE LIABILITY OF THE PRINCIPAL AND SURETY UNDER THIS BOND IS LIMITED TO THE ORIGINAL TERM OF THE CONTRACT FROM August 2, 1988 TO August 2, 1989 . ANY EXTENSIONS OR RENEWALS OF THE REFERENCED CONTRACT SHALL BE COVERED UNDER THIS BOND ONLY WHEN CONSENTED TO IN WRITING BY THE SURETY. (over) Contracts with Renewal Options Form 15 -02 -0300 (Ed. 3-88) PRIVTED P -91008 (2M) U.SC�.A. POWER OF ATTORNEY Know all Men by tt ese Presents, That the fcOERAL INSURANCE COMPANY, 15 Mountain View road, Warren, New Jersey, a New Jersey Corpora- has constituted and appointed, and does hereby constitute and appoint Donald S. Haufe, Deborah J. Adams, Janet B. ckinger, Jill Karls and Karen E. Bogard of Oak Brook, Illinois-------------------------- - - - - -- its true and lawful Attorney in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as r thereon or otherwise, bonds or obligations on behalf of WASTE MANAGEMENT, INC. AND SUBSIDIARIES------------ - - - - -- connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation. Id the execution of such bond or obligation by such Attorneys -in -Fact in this Company s name and on its behalf as Surety thereon or otherwise, under its cor- rate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon this Company. In Witneaa Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws. caused these presents to be signed by its Assistant Vice-President and Assistant Secretary and its porale seal to be hereto affixed this 29th day of April t9 87 , porate Seal ,TE OF NEW JERSEY unty of Somerset Secretary SS. FEDERAL Nib CE COMP Y By George McClellan Assistant Vice- President On this 29th day of April 19 87 , before me personally came Richard D. O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL IN JRANCE COMPANY. the corporation described in and which executed the foregoing Power of Attorney. and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is Assistant Secretar the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof. that the seal affixed to the foregoing Power of Attorney is such corporate seat and was thereto affixed by authority of the By -Law said Company, and mat he signed said Power of Attorney as Assistant Secretary of said Company by like authority, and that he is acquainted with George McClellan and knows him to be the Assistant Vice - Presider said Company. and that the signature of said Gaorge McClellan subscribed to said Power of Attorney is In the genuine handwriting of said George McClellan and was thereto subscribed by authority of seh ,ws and in deponent's presence .real Se LEO _j NOTARY 9 PUBLIC • I" a 61 J E 1A CERTIFICATION ATE OF NEW JERSEY ss, aunty of Somerset Acknowledged and Sworn to before me on the dale above written llot&t�el _ix ALICE LEONARD Notary Public NOTARY PUBLIC OF NEW JERSEY, My Commission Expires June 28, 1988 I the undersigned Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directoi March t t. 1953 and most recently amended March 11, 1983 and that this By -Law is In full force and effect. "ARTICLE XVIII. Section 2 All bonds.. undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute. may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice - Chairman or the President or a Vice - President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney Section 3 All powers of anorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice- Chairman or the President or a Vice - President or an Assistant Vice- Presidenl. jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature of such officers maybe engraved, printed or lithographed " I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business In each of the States of the United States of America, District of Columbia, Puerto Rico, and each of it ov,nces of Canada with the exception of Prince Edward Island, and is also duly licensed to become sole surety on bonds, undertakings, etc , permitted or required by law 1, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seal of said Company at Warren, N.J., Seal 12th day of August 19 88 Assistant Secretary PRINT IN nnnit 1003381Ed 7831CONSENTC-ORP _ u5r ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF t C L i ijve s 1 ss.: COUNTY OF C aatc. On this 12th day of August 19 88 , before me personally came Karen E. Bogard who, being by me duly swdrn, did depose and say that he is an Attorney -in -Fact of the FEDERAL INSURANCE COMPANY, and knows the corporate seal thereof; that the seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that he signed said In- strument as an Attorney -in -Fact of said Company by like authority. My Commission Expires OFFICIAL SEAL TRICIA E. RADZUS N07ARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 6/2/J2 Form 21.10.103 (Rev. 5.82) Acknowledged and Sworn to before me on the date above written (Notary Public) C GENERAL CONDITIONS TABLE OF CONTENTS OF GENERAL CONDITIONS Article Title Page Number No. 1. DEFINITIONS . . . . . . . . . . . . . . . . . . . . 7 2. PRELIMINARY MATTERS . . . . . . . . . . . . . . . . 10 3. CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . 12 4. AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCEPOINTS . . . . . . . . . . . . . . . . . . 13 5. BONDS AND INSURANCE . . . . . . . . . . . . . . . . 15 6. CONTRACTOR'S RESPONSIBILITIES . . . . . . . . . . . 19 7. WORK BY OTHERS . . . . . . . . . . . . . . . . . . . 28 8. OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . 29 9. ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . 30 10. CHANGES IN THE WORK . . . . . . . . . . . . . . . . 33 11. CHANGE OF CONTRACT PRICE . . . . . . . . . . . . . . 34 12. CHANGE OF CONTRACT TIME . . . . . . . . . . . . . . 39 13. WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . . . . . . . . . . . . 40 14. PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . 44 15. SUSPENSION OF WORK AND TERMINATION . . . . . . . . . 51 16. MISCELLANEOUS . . . . . . . . . . . . . . . . . . . 53 - 1 - C INDEX TO GENERAL CONDITIONS Article or Paragraph Number Access to the Work 13.2 Addenda - definition of (See Specifications) 1 Agreement - definition of 1 Application for Payment - definition of 1 Application for Payment - Final 14.12 Application for Progress Payment 14.2 Application for Progress Payment — review of 14.4 - 14.7 Availability of Lands 4.1 Award - Notice of - defined 1 Before Starting Construction 2.5 - 2.7 Bid - Definition of 1 Bonds and Insurance - in general 5 Bonds - definition of 1 Bonds - Delivery of 2.5 & 5.1 Bonds, Performance and Other 5.1 & 5.2 Cash Allowances 11.10 Change Order - Definition of 1 Changes in the Work 10 Claims, Waiver of - on Final Payment 14.16 Clarifications and Interpretations 9.3 Cleaning 6.17 Completion 14 Completion, Substantial 14.8, 14.9 Conference - Pre - Construction 2.8 Construction Machinery, Equipment, Etc. 6.4 Continuing Work 6.29 Contract Documents - Definition of 1 Contract Documents - intent and reuse 3 Contract Documents - reuse of 3.5 Contract Price, Change of 11 Contract Price - Definition 1 Contract Time, Change of 12 Contract Time - Commencement of 12.3 Contract Time - Definition of 1 Contractor - Definition of 1 Contractor May Stop Work or Terminate 15.5 Contractor's continuing Obligation 14.15 Contractor's Duty to Report Discrepancy in Documents 2.5 & 3.2 - 2 - Contractor's Fee - Costs Plus Contractor's Liability Insurance Contractor's Responsibilities - in general Contractor's Warranty of Title Copies of Documents Correction or Removal of Defective Work Correction Period, Two Year Correction, Removal or Acceptance of Defective Work - in general Cost of work Costs, Supplemental Day, Definition of Defective Work, Acceptance of Defective Work, Correction or Removal of Defective - Definition of Defective Work - in General Defective Work, Rejection Definitions Delivery of Bonds Disagreements, Decisions by Engineer Documents, Copies of Documents, Record Documents, Reuse Drawings - Definition of Effective date of Agreement - Definition of Emergencies Engineer - Definition of Engineer's - Notice Work is Acceptable Engineer's Responsibilities, Limitations on Engineer's Status During Construction in General Engineer's - Recommendation of Payment Equipment, Labor, Materials and Equivalent Materials and Equipment Fee, Contractors's - Costs Plus Field Order - Definition of Field Order - issued by Engineer Final Application for Payment Final Inspection Final Payment, Recommendation of Final Payment, Acceptance General Requirements - Definition of General Provisions Giving Notice Guarantee of Work - by Contractor - 3 - 11.6 5.3 6 14.3 2.2 13.11 13.12 13.11 thru 13.14 11.4, 11.5 11.4.5 1 13.13 13.11 1 13 9.4 1 2.1 9.9 2.2 6.19 3.5 1 1 6.22 1 14.3 9.10 thru 9.13 9 14.4 & 14.13 6.3 thru 6.6 6.7 11.6 1 10.2 14.12 14.11 14.13 & 14.14 14.13 1 16.3 & 16.4 16.1 13.1 Indemnification Inspection, Final Inspection, Test and Insurance, Bonds and - in General Insurance, Builders Risk Insurance - Certificates of Insurance - Contractor's Liability Insurance - Owner's Liability Intent of Contract Documents Interpretations and Clarifications Investigations of Physical Conditions Labor, Materials and Equipment Laws and Regulations Liability Insurance - Contractors Liability Insurance - Owners Limitations on Engineer's Responsibilities f 6.30 thru 6.32 14.11 13.3 thru 13.7 5 5.6 2.7 and 5.7 5.3 5.8 3.1 thru 3.4 & 9.12 9.3 4.2 Materials and Equipment - furnished by Contractor Materials or Equipment - Equivalent Miscellaneous Provisions Modifications - Definition of Notice, Giving of Notice of Award - Definition of Notice of Acceptability of Project Notice to Proceed - Definition of ' Notice to Proceed - Giving of "Or- Equal" items Other Contractors Overtime Work - Prohibition of Owner - Definition of Owner May Correct Defective Work Owner May Stop Work Owner May Suspend Work, Terminate Owner's Duty to Execute Change Orders Owner's Liability Insurance Owner's Representative - Engineer to serve as Owner's Responsibilities - in general Owner's Separate Representative at Site Partial Utilization Partial Utilization - Property Insurance Patent Fees and Royalties Payments to Contractor - in general Payment, Recommendation of Pre - construction Conference - 4 - 6.3 thru 6.6 6.14 5.3 5.5 9.10 6.3 6.7 17 1 16.1 1 14.13 1 2.3 6.7 7 6.3 1 13.14 13.10 15.1 thru 15.4 11.8 5.8 9.1 8 9.8 14.10 5.14 6.12 14 14.4 thru 14.7.5 2.8 Performance, and other Bonds Permits Physical Conditions - Investigations Physical Conditions, Unforseen Preconstruction Conference Preliminary Matters Premises, Use of Price - Change of Contract Price - Contract - Definition of Progress Payment, Applications for Progress Schedule Project - Definition of and Reports Project Representative, Resident - Definition of Project Representation - Provision for Project, Starting Protection, Safety and Recommendation of Payment Record Documents Reference Points Regulations, Laws and Rejecting Defective Work Remedies Not Exclusive Removal or Correction of Defective Work Resident Project Representative - Definition of Resident Project Representative - Provision for Responsibilities, Contractor's Responsibilities, Owner's Reuse of Documents Royalties, Patent Fees and Safety and Protection Samples Schedules of Shop Drawings Submissions Schedule of Values Shop Drawings and Samples Shop Drawings - Definition of Site, Visits to - by Engineer Specifications - Definition of Starting Construction, Before - Starting the Project Stopping Work - by Contractor Stopping Work - by Owner =01M 5.1 thru 5.2 6.13 4.2 4.3 2.8 2 6.16, 6.17, 6.18 11 1 14.2 2.6 & 14.1 1 1 9.8 2.4 6.20 thru 6.21 14.4 & 14.13 6.19 4.4 6.14 9.4 16.5 13.11 1 9.8 6 8 3.5 6.13 6.20 thru 6.21 6.23 2.6 & 14.1 2.6 & 14.1 6.23 thru 6.29 1 9.2 1 2.5 thru 2.9 2.4 15.5 13.10 Subcontractor - Definition of 1 Subcontractors - in General 6.8 thru 6.11 Substantial Completion - Certification of 14.8 Substantial Completion - Definition of 1 Subsurface Conditions 4.2 & 4.3 Supplemental Costs 11.4.5 Surety - Consent to payment 14.12, 14.14 Surety - Notice of changes 10.5 Surety - Qualification of 5.1 & 5.2 Suspending Work, by Owner 15.1 Suspension of Work and Termination in General 15 Superintendent - Contractor's 6.2 Supervision and Superintendence 6.1 & 6.2 Taxes - Payment by Contractor 6.15 Termination - by Contractor 15.5 Termination - by Owner 15.2 thru 15.4 Termination, Suspension of Work and - in General 15 Tests and Inspections 13.3 thru 13.7 Time, Change of Contract 12 Time, Computation of 17.2 Time, Contract - Definition of 1 Uncovering Work 13.8 & 13.9 Unit Prices 11.3.1 Unit Prices - Adjustment of 11.9 Use of Premises 6.16 & 6.17 & 6.18 Values, Schedule of 14.1 Visits to Site - by Engineer 9.2 Warranty and Guarantee - by Contractor 13.1 Warranty of Title, Contractor's 14.3 Work, Access to 13.2 Work by Others - in General 7 Work, Cost of 11.4 & 11.5 Work Continuing During Disputes 6.29 Work - Definition of 1 Work, Neglected by Contractor 13.14 Work, Stopping by Contractor 15.5 Work, Stopping by Owner 15.1 thru 15.4 GENERAL CONDITIONS ARTICLE 1 -- DEFINITIONS Wherever used in these general conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: ADDENDA - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. AGREEMENT - The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. APPLICATION FOR PAYMENT - The form accepted by 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 - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. BONDS - Bid, performance and payment bonds and other instruments of security. CHANGE ORDER - A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement. CONTRACT DOCUMENTS - The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR'S Bid (including documentation accompanying the Bid and any post - Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications, the Drawings as the same are more specifically identified in the Agreement, together with all Modifications issued after the execution of the Agreement. -7- CONTRACT PRICE - The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement. CONTRACT TIME - The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement. DAY - A calendar day of twenty -four hours measured from midnight to the next midnight. DEFECTIVE - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, 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 to final payment. DRAWINGS - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in f the Contract Documents. EFFECTIVE DATE OF THE AGREEMENT - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER - The person, firm or corporation named as such in the Agreement. FIELD ORDER - A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 10.2 but which does not involve a change in the Contract Price or the Contract Time. GENERAL REQUIREMENTS - Sections of Division 1 of the Specifications. MODIFICATION - (a) Documents signed by (c) a Field Order. after the effective N written amendment of the Contract both parties, (b) a Change Order, or A modification may only be issued 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 stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. NOTICE TO PROCEED - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligation under the Contract Documents. OWNER - The public body or authority, corporation, association, partnership, or individual 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 a part as indicated elsewhere in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE - The authorized representative of ENGINEER who is assigned to the site or any part thereof. SHOP DRAWINGS - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by CONTRACTOR, a subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier 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 Subcontractor for the performance of a part of Work at the site. SUBSTANTIAL COMPLETION - The Work (or a specified part thereof) 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 (or specified part) can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. 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 and incorporating materials and equipment into all construction, all as required by the Contract Documents. ARTICLE 2 -- PRELIMINARY MATTERS DELIVERY OF BONDS: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. COPIES OF DOCUMENTS: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the General Requirements) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. - 10 - COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED: 2.3. The Contract Time will commence to run on the thirtieth day after the effective date of the Agreement, or if a Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the effective date of the Agreement. A Notice to Proceed may be given at any time within thirty days after the effective date of the Agreement. STARTING THE PROJECT: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. BEFORE STARTING CONSTRUCTION: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to 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. 2.6. Within ten days after the effective date of Agreement (unless otherwise specified in the General Requirements). CONTRACTOR shall submit to ENGINEER for review and acceptance an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, a preliminary schedule of Shop Drawing submissions, and a preliminary schedule of values of the Work. 2.7. Before any deliver to (and other which CONT accordance 5.7. Work at the site is started, CONTRACTOR shall OWNER, with a copy to ENGINEER, certificates evidence of insurance requested by OWNER) RACTOR is required to purchase and maintain in with paragraphs 5.3 and 5.4, 5.5, 5.6, and -11- PRECONSTRUCTION CONFERENCE: 2.8. Within twenty days after the effective date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference will be held for review and acceptance of the schedules referred to in paragraph 2.6, to establish procedures for handling shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. ARTICLE 3 -- CONTRACT DOCUMENTS: INTENT AND REUSE INTENT: 3.1. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work. They may be altered only by a Modification. 3.2. 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 conflicts, error or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 3.3. 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. 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. - 12 - 3.3. (continued) 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 9.3. 3.4. The Contract Documents will be governed by the law of the place of the Project. REUSE OF DOCUMENTS: 3.5. 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 reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4 -- AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER'S furnishing these lands or easements entitles him to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. -13- PHYSICAL CONDITIONS - INVESTIGATIONS AND REPORTS: 4.2. Reference is made to the Supplementary Conditions for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by ENGINEER in preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. UNFORESEEN PHYSICAL CONDITIONS: 4.3. CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or 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 test 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 tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorporating the necessary revisions. REFERENCE POINTS: 4.4. OWNER shall provide engineering surveys for construction to establish reference points which in his judgement are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for replacement or relocation of such reference points by professionally qualified personnel. - 14 - r ARTICLE °5 -- BONDS AND INSURANCE PERFORMANCE AND OTHER BONDS: 5.1. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. CONTRACTOR shall also furnish other Bonds as are required by the Supplementary Conditions. All bonds shall be in the forms prescribed by the bidding documents or Supplementary Conditions and be executed by such Sureties as (i) are licensed to conduct business in the state where the Project is located, and (ii) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2. If the Surety on any bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of clauses (i) and (ii) of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to OWNER. INSURANCE: 5.3: CONTRACTOR'S Liability Insurance: The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them, or by anyone for whose acts any of them may be liable. 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 13.12. -15- 5.3. (continued) In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. 5.3.1. Claims under Workman's Compensation, disability benefits, and other similar employee benefit acts; 5.3.2. Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; 5.3.3. Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; and 5.3.4. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Insurance covering claims for damages to persons or property required by the preceding paragraph shall be in the following amounts: Bodily Injury Liability: Each Person: $500,000 Each Accident or Occurrence $1,000,000 Property Damage Liability Each Accident or Occurrence $500,000 Aggregate: $1,000,000 and shall be furnished in types specified, as follows: 5.3.5. CONTRACTOR's Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each subcontractor with respect to all work performed by them under the Agreement (Construction Contract). 5.3.6. CONTRACTOR's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the CONTRACTOR with respect to all work under the Agreement (Construction Contract) performed for the CONTRACTOR by subcontractors. 5.3.7. Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each subcontractor arising between the date of final cessation of the work and the date of final acceptance thereof out of that part of the work performed by each. - 16 - 5.3:8. Comprehensive Automobile Insurance shall be carried in the amount of $500,000/$1,000,000 for bodily injury and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 5.3.9. The CONTRACTOR shall in addition, and in the amounts required under the above, obtain protective Liability Insurance issued to and covering the liability for damages imposed by law upon the OWNER with respect to all operations under the Construction Contract by the CONTRACTOR or his subcontractors, including omissions and supervisory acts by the OWNER. 5.4. Comprehensive Risk Policy Option: In lieu of the several policies specified for CONTRACTOR's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurances and requirements hereinafter set forth, with an umbrella covering of $1,000,000, subject to the approval of the OWNER, will be permissible. 5.5. Subcontractor's Insurance: Before permitting any of his subcontractors to perform any work under this contract, CONTRACTOR shall either: (1) require each of his subcontractors to procure and maintain during the life of his subcontracts; Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his work, which type and amounts shall be subject to the approval of the OWNER (Eagle County), or (2) insure the activities of his subcontractors in his own policy. 5.6. Builder's Risk Insurance: Insofar as the work to be performed under this contract consists entirely of new construction removed and separated from any existing facility used by OWNER, CONTRACTOR shall procure and maintain, for the duration of the work of this project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the contract price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the work under this contract which is considered not to exceed one hundred (100 percent of the amount of this contract and authorized extras). -17- C >' 5.6'. continued Such policy shall not insure any tools or equipment, or temporary structures, erected at the site and belonging to any person or persons, or their subcontractors who are obliged by contract with the OWNER to do work on the projects. Such insurance shall be placed jointly in the names of the OWNER, CONTRACTOR, and any and all subcontractors, and any and all others obliged by contract with the OWNER to do work on this project and, at the OWNER'S option, any other person or persons whom the OWNER deems to have an insurable interest in said property,;or any part thereof, payable as their several interests may appear. CONTRACTOR shall furnish OWNER with certification of said insurance prior to commencement of any work. Any proceeds obtained from insurance provided for by this Paragraph shall be paid to and held by the OWNER as trustee. The OWNER shall have the right to withhold payment of such proceeds until such time as the work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original work. 5.7. Certificates of Insurance: Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the work. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days prior written notice has been given the OWNER. CONTRACTOR shall not permit any of his subcontractors to start work until all required insurances have been obtained and certificates with the proper endorsements have been filed with the CONTRACTOR. Failure of the CONTRACTOR to comply with the foregoing insurance requirements shall in no way waive the OWNER'S rights hereunder. 5.8. Owner's Liability Insurance: The OWNER, at his option, may purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this Contract. Purchasing and maintaining such insurance, however, will not relieve the CONTRACTOR from purchasing and maintaining the insurances hereinbefore specified. 5.9. Loss of Use Insurance: The OWNER, at his option, may purchase and maintain such insurance as will insure him against loss of use of his property due to fire or other hazards, however, caused. ARTICLE 6 -- CONTRACTOR'S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, 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. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the 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 . 6.4. 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 Work. -19- F 6.5. 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 reports of required test) as to the kind and quality of materials and equipment. 6.6. 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. EQUIVALENT MATERIALS AND EQUIPMENT: 6.7. 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 the words indicating that no 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 set forth in paragraphs 6.7.1. and 6.7.2. below as supplemented in the General Requirements. 6.7.1. 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 application will 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 connection 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 maintenance, repair and replacement service will be indicated. —20— 6.7.1. continued L The application will also contain an itemized gal 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 may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data about 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. 6.7.2. 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 substitute. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluating any proposed substitute. CONCERNING SUBCONTRACTORS: 6.8. CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), 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 Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, 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. -21- Ci 6.9. 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 contract with CONTRACTOR, nor shall it create any obligation on the part of 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. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and ENGINEER. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6. PATENT FEES AND ROYALTIES: 6.12. CONTRACTOR shall pay all licence fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. 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. - 22 - 6.12. continued rt`1 CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees) 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. PERMITS: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. 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. LAWS AND REGULATIONS: 6.14. CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate 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. -23- TAXES: 3 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the law of the place of the Project. USE OF PREMISES: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances, permits or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. 6.18. 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. RECORD DOCUMENTS: 6.19. CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop. 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. SAFETY AND PROTECTION: 6.20. CONTRACTOR shall be responsible maintaining and supervising all programs in connection with the - 24 - for initiating, safety precautions and Work. 6.20 continued CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons who may be affected thereby, 6.20.2. all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.20.3. 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. 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 effect them. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor 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 not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable. 6.21. CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. -25- U EMERGENCIES: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from 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. SHOP DRAWINGS AND SAMPLES: 6.23. After checking and verifying all field measurements, CONTRACTOR shall submit to ENGINEER for review and approval, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8), five copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which shall have been checked by and stamped with the approval of CONTRACTOR and identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and like information to enable ENGINEER to review the information as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.25. At the time of each submission, CONTRACTOR shall in writing call ENGINEER's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents. 6.26. ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but ENGINEER's review and approval 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 approval of a separate item as such will not indicate approval of the assembly in which the item functions. �Z;= 6.26. continued CONTRACTOR shall make any corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. CONTRACTOR's stamp of approval on any Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials catalog numbers, and similar data or assumes full responsibility for doing so, and that CONTRACTOR has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.27. Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been reviewed and approved by ENGINEER. 6.28 ENGINEER's review and approval of Shop Drawings or 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 approval to the specific deviation, nor shall any concurrence or approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings. CONTINUING THE WORK: 6.29. CONTRACTOR shall carry on the Work and maintain the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. INDEMNIFICATION: 6.30. To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including but not limited to attorney's fees arising out of or resulting from the performance of the Work, provided that any such claim, loss or expense -27- s U 6.3 -0. continued 1 (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. 6.31. 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 6.30 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 worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under paragraph 6.30 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. ARTICLE 7 -- WORK BY OTHERS 7.1. OWNER may perform additional work related to the Project 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. 7.2. 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. 7.2. coAntinued 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. 7.3. 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. 7.4. If the performance of additional work by other contractors 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 Articles 11 and 12. ARTICLE 8 -- OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. 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. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1. and 4.4. Paragraph 4.2. refers to OWNER's identifying and making available to CONTRACTOR copies of reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Drawings and Specifications. -29- 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.8. and 5.9. 8.6. In connection with OWNER's rights to request changes in the work in accordance with Article 10, OWNER (especially in certain instances as provided in paragraph 10.4) is obligated to execute Change Order. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2. deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. ARTICLE 9 -- ENGINEER'S STATUS DURING CONSTRUCTION OWNER'S REPRESENTATIVE: 9.1. 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. VISITS TO SITE: 9.2. 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 exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations 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. M11M C", CLARIFICATIONS AND INTERPRETATIONS: 9.3. 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 consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. REJECTING DEFECTIVE WORK: 9.4. 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 fabricated, installed or completed. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS: 9.5. In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29 inclusive. 9.6. In connection with ENGINEER's responsibilities as to Change Orders, see Article 10, 11, and 12. 9.7. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. PROJECT REPRESENTATION: 9.8. ENGINEER may utilize a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent him at the site who is not ENGINEER's agent, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. -31- DECISIONS ON DISAGREEMENTS: 9.9. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters 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 which ENGINEER will render in writing within a reasonable time. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES: 9.10. Neither ENGINEER's authority to act under this Article 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 Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person performing any of the Work. 9.11. 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 judgement 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 9.13 or 9.14. 9.12. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 9.13. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractors, or of the agents or employees of any CONTRACTOR or Subcontractor, or of any other persons at the site or otherwise performing any of the Work. - 32 - p ARTICLE 410 -- CHANGES IN THE WORK 10.1. 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 Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2. ENGINEER may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on OWNER, and also on CONTRACTOR who shall perform the change promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. 10.3. Additional Work performed without authorization of a Change Order will not entitle CONTRACTOR to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraphs 10.2 and 13.9. 10.4. OWNER shall execute appropriate Change Orders prepared by ENGINEER covering changes in the Work which are required by OWNER, or required because of unforseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or as provided in paragraphs 11.9 or 11.10. 10.5. If notice of any change affecting the general scope of the Work or change in the Contract 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. -33- I ,nf 1 A ARTICLE 11 -- CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitute.s the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.9.). 11.3.2. By mutual acceptance of a lump sum. 11.3.3. On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.6) COST OF THE WORK: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5.: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. - 34 - C� i i 1124.1. continued Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits ' which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation 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. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advise 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. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. IMMM 11,4.5.2. Cost, including transportation and - 36 - maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site 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. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advise of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.4.5.5. Deposits lost for causes other than CONTRACTOR's negligence, royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work otherwise sustained by CONTRACTOR in connection with the execution of the Work, provided they have resulted from causes other than 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. 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 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. - 36 - 11.4.5.8. Minor expenses such as telegrams, distance calls, telephone service expressage and similar petty cash connection with the Work. long at the site, items in 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorship), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expeditors, 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 11.4.1. - all of which are to be considered administrative costs covered by the Contractor's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch office other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for additional Bonds and insurance required because of changes in the Work). 11.5.5. 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. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. -37- 3J ' fi CONTRACTOR'S FEE: 11.6. The Contractor's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon, 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1. and 11.4.2., the Contractor's Fee shall be ten percent, 11.6.2.2. for costs incurred under paragraph 11.4.3., the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee overhead and profit shall be ten percent, and 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4., 11.4.5. and 11.5. 11.7. 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 overhead and profit shall be figured on the basis of the net increase, if any. ADJUSTMENT OF UNIT PRICES: 11.8. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4. and 11.5., CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.9. 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. CASH ALLOWANCES: 11.10. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors, manufacturers, fabricators, suppliers or distributors and for such sums within the limit of the allowances as may be acceptable to ENGINEER. Upon final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as CONTRACTOR deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid. ARTICLE 12 -- CHANGE OF THE CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional Work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including compensation for additional services) for delay by either party. -39- ARTICLE 13 -- WARRANTY AND GUARANTEE: TESTS AND INSPECTION; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANTY AND GUARANTEE: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. 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 Article 13. ACCESS TO WORK: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access. TEST AND INSPECTIONS: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of Work for all required inspections, tests or approvals. 13.4. If any law, ordinance, rule, regulation, code or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with 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 of the Work. The cost of all other inspections, test and approvals required by the Contract Documents shall be paid by OWNER (unless otherwise specified). - 40 - 13. '45. 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 .m, CONTRACTOR (or by ENGINEER if so specified). 13.6. 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. 13.7. Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the Contract Documents. UNCOVERING WORK: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. 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, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection and testing 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 an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. MISE OWNER MAY STOP THE WORK: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, 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. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. TWO YEAR CORRECTION PERIOD: 13.12. If within two years after the date of Substantial Completion 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 is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. MIFAE ACCEPTANCE OF DEFECTIVE WORK: 13.13. If, instead of requiring correction or removal and replacement of defective Work, , OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. In such case, if acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by CONTRACTOR to OWNER. OWNER MAY CORRECT DEFECTIVE WORK: 13.14. If CONTRACTOR fails within a reasonable time after written 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 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule), OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising his rights under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to 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 Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights hereunder. -43- ARTICLE'14 -- PAYMENTS TO CONTRACTOR AND COMPLETION SCHEDULES: 14.1. At least ten days prior to submitting the first Application for a progress payment, CONTRACTOR shall (except as otherwise specified in the General Requirements) submit to ENGINEER a progress schedule, final schedule of Shop Drawing submission and where applicable a schedule of values of the Work. These schedules shall be satisfactory in form and substance ENGINEER. The schedule of values shall include quantities and unit prices aggregating the Contract P d a to rice, an shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the schedule of values by ENGINEER, it shall be incorporated into a form of Application for Payment acceptable to ENGINEER. APPLICATION FOR PROGRESS PAYMENT: 14.2. At least ten days before each progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents and also as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER's title to the material and equipment and protect OWNER's interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. - 44 - CONTRACTOR's WARRA� -iY OF TITLE: I 14.3. CONTRACTOR warrants and guarantees that title to all work, materials and equipment covered by any Application for 'Payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens ") REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall, within twenty days of presentation to him of the Application for Payment with ENGINEER's recommendation pay CONTRACTOR the amount recommended. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation 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 Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of ENGINEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation) and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work, or that the means, methods, techniques, sequences, and procedures of construction have been reviewed or that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to CONTRACTOR on account of the Contract Price, or that title to any Work, materials or equipment has passed to OWNER free and clear of any Liens. - 45 - 14.)6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWNER. He may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. written claims have been made against OWNER or Liens have been filed in connection with the Work, 14.7.3. the Contract Price, has been reduced because of Modifications, 14.7.4. OWNER has been required to correct defective Work or complete the Work in accordance with paragraph 13.14, 14.7.5. of CONTRACTOR's unsatisfactory prosecution of the Work in accordance with the Contract Documents, or 14.7.6. CONTRACTOR's failure to make payment to Subcontractors, or for labor, materials or equipment. SUBSTANTIAL COMPLETION: 14.8. When 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 which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. - 46 - 141f8. continued OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER. At the time of delivery of tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities and insurance. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to his issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. ell 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. PARTIAL UTILIZATION: 14.10. Use by OWNER of completed portions of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any part of the Work which OWNER believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. -47- t C 3 14.10.1 continued If ENGINEER considers that part of the Work to be substantially complete, Engineer will execute and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of Substantial Completion as to part of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive certificate of Substantial Completion as to that part of the Work unless OWNER and CONTRACTOR shall have otherwise agreed in writing and so informed ENGINEER. OWNER shall have the right to exclude CONTRACTOR from any part of the Work which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10.2. In lieu of the issuance of a certificate of Substantial Completion as to part of the Work, OWNER may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately usable; provided that prior to any such takeover, OWNER and CONTRACTOR have agreed as to the division of responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect to such facility. 14.10.3. 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 5.14 in respect of property insurance. FINAL INSPECTION: 14.11. Upon written notice from CONTRACTOR that the Work is complete, 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. -48- C,, FINAL APPLICATION FOR PAYMENT: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance 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 14.16), 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 Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which Lien 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 to indemnify OWNER against any Lien. All such insurance 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 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. FINAL PAYMENT AND ACCEPTANCE: 14.13. 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 accompanying documentation - all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, -49- r 14.113 continued 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 14.16. 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, OWNER shall, within thirty days after receipt thereof pay CONTRACTOR the amount recommended by ENGINEER. 14.14. 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 as required in paragraph 5.1., the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR'S CONTINUING OBLIGATION: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment 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 14.13, 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. - 50 - C, WAIVER OF CLAIMS: 14.16. The making and acceptance of final payment shall constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION OWNER MAY SUSPEND WORK: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and 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 Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as provided in Articles 11 and 12. 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR is adjudged bankrupt or insolvent, 15.2.2. if CONTRACTOR makes a general assignment for the benefit of creditors, 15.2.3. if a trustee or receiver is appointed for CONTRACTOR of for any of CONTRACTOR's property, 15.2.4. if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, IWE 15.2.5. if CONTRACTOR repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, 15.2.6. if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment, 15.2.7. if CONTRACTOR disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, 15.2.8. if CONTRACTOR disregards the authority of ENGINEER, or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents, OWNER may after giving CONTRACTOR and his Surety seven days' written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and 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 Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to 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. 15.3. 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 thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability 15.4. Upon seven day's 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 expense sustained plus reasonable termination expenses. - 52 - CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty 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's 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 terminating 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 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. ARTICLE 16 -- MISCELLANEOUS GIVING NOTICE: 16.1. Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. COMPUTATION TIME: 16.2. 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. -53- GENERAL-: 16.3. Should OWNER 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 legally liable, claim shall be made in writing to the other party within a reasonable time of the first observances of such injury or damage. 16.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.11, 13.14, 14.3, and 15.2, 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 or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligations, 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. - 54 - ROADWAY CENTERLINE PAVEMENT MARKING This work consists of furnishing and applying marking paint and beads in accordance with Section 627.01, 627.02, 627.06, 627.10 and 627.11 of the State Department of Highways, Division of Highways, State of Colorado Standard specifications For Road And Bridge Construction, 1986; Part III, Markings, of the Manual on Uniform Traffic Control Devices and; Standard 5 -627 -1 of the Colorado Division of Highways M & S Standards. Eagle County will mark the beginning and ending points for passing zones, etc. The roads to be marked are as follows: Frying Pan Road 6.00 Miles M.P. 0.00 to 6.00 From Basalt City Limits to east of Taylor Creek Willits Lane 1.19 Miles M.P. 0.00 to 1.19 North intersection SH 82 to Hooks Bridge Willits Lane 0.83 Miles M.P. 1.19 to 2.02 Hooks Bridge to south intersection SH 82 s' Hooks Lane 0.71 Miles M.P. 0.00 to 0.71 Hooks Bridge to Pitkin County Line E1 Jebel Road 0.60 Miles M.P. 0.00 to 0.60 From Highway 82 to big blue farm silo Upper Cattle Creek Road 1.00 Miles M.P. 0.60 to 1.60 From big blue farm silo to end of guardrail Upper Cattle Creek Road 1.68 Miles M.P. 1.60 to 3.28 End of guardrail to end of asphalt Fender Lane 0.16 Miles From Upper Cattle Creek Road to end of pavement Paseo Drive 0.11 Miles From Upper Cattle Creek Road to end of pavement Valley Road 0.75 Miles SH 82 to west of Summit Vista entrance 01 HomeAstead Drive 0.33 Miles M.P. 0.00 to 0.33 SH 82 to Basalt Town Limits w_ Colorado River Road 11.81 Miles M.P. 0.00 to 1.81 and M.P. 4.00 to 14.00 Upper Kaibab Road 1.51 Miles From Eagle Town Limits, around loop, back to fork Cooley Mesa Road 2.31 Miles M.P. 0.76 to 3.07 Gypsum Town Limits to Highway 6 Eldon Wilson Road 0.34 Miles M.P. 0.00 to 0.34 Intersection with Cooley Mesa Road to end of asphalt Brush Creek Road 3.24 Miles M.P. 0.79 to 4.03 Eagle Town Limits to south entrance to Adams Rib Ranch HQ. .Lake Creek Road 1.84 Miles M.P. 0.00 to 1.84 Highway 6 to West Lake Creek Road intersection West Lake Creek Rd. 1.62 Miles Lake Creek Road to end of pavement Homestead Drive 0.83 Miles Edwards Village Blvd. to Cameron Place Edwards Village Blvd. 1.27 Miles From intersection Highway 6 back to end Miele Lane 0.10 Miles From Lake Creek Road to Edwards Village Blvd. Beard Creek Road 0.49 Miles M.P. 0.00 to 0.49 I -70 to end of pavement Berry Creek Road 1.25 Miles Beard Creek Road to Singletree Road 2 ■ 0'� t Eagl Road 0.84 Miles Highway 6 to end of road Eagle Drive 1.09 Miles Eagle Road to Daisy Lane Eagle -Vail Road 0.05 Miles Highway 6 to Deer Blvd. Stone Creek Drive 0.05 Miles Highway 6 to Deer Blvd. High Street 1.20 Miles SH 24 to slide area Water Street 0.60 Miles M.P. 0.00 to 0.60 SH 24 to Red Cliff Town Limits below bridge The Contractor shall provide Traffic Control and Traffic Control Devices using the guidelines given by the Manual On Uniform Traffic Control Devices For Streets And Highways. 3