HomeMy WebLinkAboutC08-244
COST - PLUS - FEE CONSTRUCTION AGREEMENT BETWEEN EAGLE COUNTY
COLORADO AND SCHREINER AND ASSOCIATES, L.L.C.
TIllS AGREEMENT is made this _ day of August, 2008, by and between Eagle
County, Colorado, acting by and through its Board of County Commissioners ("County"),
and Schreiner and Associates, L.L.C., a company organized and existing by virtue of the
laws of the State of Colorado ("Contractor").
WHEREAS, County desires to renovate the Division of Wildlife Residence in Basalt,
Colorado (the "Facility"); and
WHEREAS, Contractor is authorized to do business in the State of Colorado, has
experience and expertise necessary to provide said services to County; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of
the responsibilities of Contractor in connection with the Project and related terms and
conditions to govern the relationship between Contractor and County in connection with
this Agreement.
NOW, mEREFORE, in consideration of the foregoing premises and the following
promises, Eagle County and Contractor agree as follows:
ARTICLE 1 - WORK
1.1 Contractor shall complete all work as specified or indicated in the Contract
Documents. The "Work" is generally described as follows: Provide all labor, tools
materials and services to complete construction of the Facility in accordance the plans
and/or specifications provided by County.
ARTICLE 2 - COUNTY'S REPRESENTATIVE
2.1 The project is under the authority of the Eagle County Facilities Management
Department, the Manager of which, or his designee, shall be County's Project Manager
with Contractor with respect to the performance of the Work.
ARTICLE 3 - CONTRACT TIME
3.1 This Agreement shall commence upon execution of this Agreement by both
parties and, subject to the provisions of Article II hereof, shall continue in full force and
effect until the Work has been completed. Contractor will commence work within ten
(10) days of the County's issuance of a Notice to Proceed with Construction Services,
which Notice will be issued upon execution of this Agreement by both parties. Once a
Notice to Proceed has been issued, Contractor will use its best efforts to complete the
Work in a diligent and expeditious manner. County anticipates a substantial completion
date of October 31, 2008 and final completion of the Work in accordance with paragraph
14.13 of the General Conditions on or before November 14,2008.
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 PROJECT MANAGER any conflict, error, or discrepancy which CONTRACTOR
may discover; however, CONTRACTOR shall not be liable to OWNER or PROJECT
MANAGER for failure to report any conflict, error, or discrepancy in the Drawings or
Specifications, unless CONTRACTOR had actual knowledge thereof, or should
reasonable have known thereof.
2.6 Within ten days after the effective date of the Agreement (unless otherwise specified in
the general requirements) CONTRACTOR shall submit to PROJECT MANAGER 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
drawings submissions, and a preliminary schedule ofvalu~ of the Work.
2.7 Before any work at the site is started, CONTRACTOR shall deliver to OWNER, with a
copy to PROJECT MANAGER, certificates of insurance (and other evidence of
insurance requested by OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3,5.4,5.5,5.6, and 5.7.
PRE-CONSTRUCTION CONFERENCE:
2.8 Within fifteen 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 pertormance of the Work, CONTRACTOR finds a
conflict, error, or discrepancy in the Contract Documents, he shall report it to PROJECT
MANAGER in writing at once and before proceeding with the Work affected thereby;
however, CONTRACTOR shall not be liable to OWNER or PROJECT MANAGER 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 The Contract documents include those documents set forth in Article 7 of the Agreement.
3.4 It is the intent of the specifications and drawings to describe a complete project (or part
thereoO to be constructed in accordance with the contract documents. Any work that
may reasonable 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. References to codes of any technical society, organization, or association. or to
the code of any governmental authority, whether such reference be specific or by
implication, shall mean the latest standard specification, manual. or code in effect at the
time of opening of bids (or on the effective date of the agreement if there were no bids),
except as may be otherwise specifically stated. However, no provision of any referenced
standard specification, manual, or code (whether or not specifically incorporated by
reference in the contract documents) shall change the duties and responsibilities of
OWNER, CONTRACTOR, or PROJECT MANAGER, 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 PROJECT MANAGER as
provided for in paragraph 9.3.
3.5 The contract documents will be governed by the law of the place of the project.
REUSE OF DOCUMENTS:
3.6 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 thereoO prepared by or bearing the
seal of ARCHITECT; and they shall not reuse any of them on extensions of the project,
or any other project, without written consent of OWNER and ARCHITECT, and specific
written verification or adaptation by ARCHITECT.
ARTICLE 4 - A V AILABILITY 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 may make a claim therefore as provided in Article 12. CONTRACTOR
shall provide for all additional lands and access hereto that may be required for temporary
construction facilities or storage of materials and equipment.
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 ARCHITECT in the preparation of the drawings and specifications. Such
reports are not part of the contract documents.
UNFORESEEN PHYSICAL CONDITIONS:
4.3 CONTRACTOR shall promptly notify OWNER and ARCHITECT 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. ARCHITECT
will promptly review those conditions and advise OWNER in writing if further
investigation or tests are necessary. Promptly thereafter, OWNER shall obtain the
necessary additional investigations and tests, and furnish copies to ARCHITECT and
CONTRACTOR. If ARCHITECT 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 judgment are necessary to enable CONTRACTOR to proceed with the work.
CONTRACTOR shall be responsible for laying out the work (unless otherwise specified
in the general requirements), shall protect and preserve the established reference points,
and shall make no changes or relocations without the prior written approval of OWNER.
CONTRACTOR shall report to ARCHITECT whenever any reference point is lost or
destroyed or requires relocation because of necessary changes in grades or locations, and
shall be responsible for replacement or relocation of such reference points by professional
qualified personnel.
ARTICLE 5 - BONDS AND INSURANCE
PE~E'ORMANCB AND OTHBR BONDS:
5.1 CONTRACTOR shall fttffiish flerfefffttlRee ana flaytHeAt BeAds, eaeh iR &fi affie1:lflt at
least equal ta the eemMet flRee as seeuRty fer the faithful fleHeFffl8Ree aB6 flaymeHt ef
all CONTRACrOR'8 eBligetiaRs 1:lflaer the eaRtMet deetlmeHts. These BaRds shall
remaiR iR ef.feet at least YHtil t',va yeafS after the Elate af ARBI fla)'fReAt, exeeflt as
ethefv:ise flfs':iElM BY law. CO~ITRf.CTOR shall alse furnish ether BeAes as are
reEluiretf BY the CemMet Dee1:llHeRts. :\11 BeRds shall Be in the farms flfeseRBe8 ay the
CeRtMet Deeumeftts, MS Be eKeeutM ay sl:leh sl:l:Feties as (a) are lieeftSee la eeRSl:let
Busi8ess i8 the state ',T/hefe the prejeet is leeateS, aHS (B) are Rames iA the etlfftlRt list Elf
"CemflaRies HalEli8g CeftiHeates af .\utheFity as ,A.eeeJltaale SHreties eA FMeF81 Beads
aAs as Aeeefltaale ReiRStlR8g CelBflanies" as fltt8lisheti iR Ciretllar 570 (ameadeS) ay the
:\usit 8taff Btlfe8u of AeeeuRts, U.S. TFeIl9UfY DeflftftmeRt. All aeRes sigReS BY a8
age8t ffitiBt be 8eeafftP88iee by a eeFtiftee es~y of the 8tithaFity te 8et.
5.2 If the SlH'ety 8ft a8r ba8Et fUmishee by CONTRi'.CTOR is Eteel8AlEi haR:km~t, ar beeemes
iAselve8t, ar its Fight ta Eta btisi8ess is tefflliA8tee iA BAY state where Bay ~8ft sf the
~fejeet is Iseatee, ae it eesse9 te meet the ~tiiFemeftt9 of el8tises (a) 888 (b) af p8f8gf8ph
5.1, CONTRo. A.CTOR shell withift ft':e Elsys titeFesfter stihstihlle aRe'Rer 13888 888 stifety,
both sf whieh shell he aeeeptahle la OWNBR.
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 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. 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 Workmen'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 there from.
Workmen's Compensation insurance shall provide coverage as required by the
laws of the State of Colorado.
Insurance covering claims for damages to persons or property required by the
preceding paragraph (except subparagraph 5.3. I) shall be in the following
minimum amounts:
Bodily Injury Liability:
Each Person:
Each Accident or Occurrence:
$1,000,000
$2.000,000
Property Damage Liability:
Each Accident or Occurrence:
Aggregate:
$1,000,000
$2,000,000
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 and each
subcontractor 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.
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. AJlliability and property damage insurance required hereunder shall
be Comprehensive General and Automobile Bodily Injury and Property Damage
form of policy.
~ The CONTR.-'\CTOR shall iR assitieft, &a8 iR the aMellMs reqHiFeEi l:tAser the
aee-;e, eelaiR Pf'eleetive Liaeility lnsW'8Jlee isslIe8 te IlIMi ee-;eriHg the Iiaeilily
fer Ei&mages i1'Hpese8 ey law lIpeft the OWNER ."ith Fespeet te all efJeftltieflS
liBEler the eenstftletieR esfth:8et ey the CONTRACTOR Sf his mlleefttf8et8fS,
iRelllsiftg emissieftS IlIMi slIpeMSef)' aets ey the O\lINER.
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 insurance and requirements hereinafter set forth. with
an umbrella covering of $2,000,000, 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 (a) 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, or (b) insure the activities of his subcontractors in his own
policy.
5.6 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 provisions naming the OWNER as an additional insured under
CONTRACTOR'S insurance, as more fully required by the General Conditions herein,
and that coverage afforded under the policies will not be cancelled until at least thirty
days prior written notice has been given the OWNER. CONTRACTOR and his
subcontractors shall not permit any of his subcontractors to start work until all required
insurance have been obtained and certificates with the proper endorsements have been
filed with the OWNER. Failure of the CONTRACTOR to comply with the foregoing
insurance requirement shall in no way waive the OWNER'S rights hereunder.
5.7 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 insurance
hereinbefore specified.
5.8 Loss of Use of 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.
5.9 BttilEler's Risk Insttfftftee: Insefer aB the werk te Be "eftamte8 lIftEler this eeRtmet
eeRsists emirely er Re'll e8ft8tf\ietieR Feftl8\-eElaREI seJl8ftlte8 Wem aAy existiRg faeility
HSeEI BY OWNER, CONTRA.CTOR shall f'FeetlFe aRtl Rl8iRt8iB, far the Ell:IfMiaR afthe
werk arthis f'Fejeet, BltilEler's Risk lnsttr8Aee, iReltlEliBg the "MIs afttre, eJfteREleEI
ea'Jemge (lass Eltle ta '/ehieles, eJtf'lasiaft, wiBEI, fteeEl, Fiat, ete.), veRaalism 8ftEl
ffialieia1:l9 misehief, Ma SJ'8eial eIfbmEleEI eevemge (less Eltte te faIliag ebjeets, eellaf'se,
water aafRage fFefR faHlty 9f' lealEiag systefRS, ete.) ift the Rill aftl8t1ftt efthe eafttraet f'Fiee
1311:19 the east af al:ttheFizea extras. SaiEl afREltlflt sf iosttf8ftee eaverage shall he eeftsiElertJd
te eayer the iftsttnlBle 'I<<tltle efdte \'lark l:lOaer this eeRlfBet whieh is eaflSiEleFe8 Rat to
eKeeee eRe h'liREiFe8 f'eFeeRt (I QG~<.) ef the 8Rle'liRt er this eaRtmet aR6 al:ttheFize8 eIftfttS.
SHeil f'eliey shall Rat iflStIt"e aRY taals ar Eltftl!J'fReftt, ar ttlHl"efftf}' StmetHFeB eFeeteEt at the
site aRa BelaftgfRg ta afty f'ersaft ar f'eF88RS, er their sttheefttf8etefS whe are ehligea hy
eefttmet with the OWNER te ae ',"Jerk eR the f'rejeels.
SHeh iflStlmRee shell he f'laeetl jeifttly ift the names ef die OWNER, CONTRA-CTOR,
aRa 8fty 8fta all sttheeRtf8etefS, 8fta 8fty aRtlall atheF8 ehligeEl hy eemmet with the
OWNER Ie ae ':leFk en this "Fe.ieet aftd at the O\l/~lER'S ef'tiaR, 8fty ether f'efS8R or
~~~~ ~~m the OWNER Eleems te have aft iflSl:tf8hle iRterest in saia f'ref'8Fty, flr aRY
""" 1II....r, -"Ie.. - ~I ;0'""" ~y appear. CONTRJlcroR.::: ~h
?.~~ '-;:.tth eeFlIHeatlflft er sala IftSHfftRee f'Flar t6 eeRmleRe8fReRt ef any w. .
preeeeEls 8Btainea fFafR i8s\:lfttftee f'raviEletl ter hy this f'8f'8gf8f'h shall he f':~: :~ hela
hy the OWNER a~ tf'\:l5tee: The OWNER shall have the right ta withbela " h;~;:
stleh J'Feeeees l:lOtJl stteh IlfRe as the \';erk Elestreyeti ar Ekunageti aftEl ee'/e1'e8 ~
iftsl:H'8:ftee shell he feeeftstnletetl a8a shall J"8Y stleh f'raeeetis 68 aft inSlallfRtlRt hasis
similar te that f'FeviEleEt fer by f'r'8gress "a)'ftlems ee,..eriRg the eFigi8al wack.
ARTICLE 6 - CONTRACTOR'S RESPONSffiILITIES
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
ARCHITECT except under extraordinary circumstances. The superintendent will be
CONTRACTOR'S representative at the site and shall have authority to act on behalf of
CONTRACTOR. All communications given to the superintendent shall be as binding as
if given to CONTRACTOR.
LABOR, MATERIALS AND EQUIPMENT:
6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay
out the work, and perform construction as required by the contract documents.
CONTRACTOR shall at all times maintain good discipline and order at the site. Except
in connection with the safety or protection of persons, or the work, or property at the site
or adjacent thereto, and except as otherwise indicated in the 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
PROJECT MANAGER.
6.4 Colorado labor shall be employed to perform the work to the extent of not less than
eighty percent of each type or class of labor in the several classifications of skilled and
common labor employed on the project. "Colorado labor" means any person who is a
resident of the state of Colorado, at the time of employment, without discrimination as to
race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational
qualification.
6.5 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.
6.6 All materials and equipment shall be of good quality and new, except as otherwise
provided in the contract documents. If required by ARCHITECT, CONTRACTOR shall
furnish satisfactory evidence (including reports of required test) as to the kind and quality
. of materials and equipment.
6.7 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:
6.8 Whenever materials or equipment are specified or described in the dmwings or
specifications by using the name of a proprietary item, or the name of a particular
manufacturer, fabricator, supplier, or distributor, the naming of the item is intended to
establish the type, function, and quality required. Unless the name is followed by words
indicating that no substitution is permitted, materials or equipment of other
manufacturers, fabricators, suppliers, or distributors may be accepted by ARCHITECT if
sufficient information is submitted by CONTRACTOR to all ARCHITECT to determine
that the material or equipment proposed is equivalent to that named. The procedure for
review by ARCHITECT will be as set forth in paragraphs 6.8.1 and 6.8.2 below as
supplemented in the geneml requirements.
6.8.1 Requests for review of substitute items of material and equipment will not be
accepted by ARCHITECT from anyone other than CONTRACTOR. If
CONTRACTOR wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall make written application to ARCHITECT for
acceptance thereof, certifying that the proposed substitute will perform
adequately the functions 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
I subject of payment of any license fee or royalty. All variations of the proposed
substitute from that specified shaU be identified in the application and available
maintenance, repair and replacement service will be indicated. The application
will also contain an itemized estimate of aU costs or savings that will result
directly or indirectly from acceptance of such substitute, including costs of
redesign and claims of other contractors affected by the resulting change, all of
which shall be considered by ARCHITECT and PROJECT MANAGER in
evaluating the proposed substitute. ARCHITECT and PROJECT MANAGER
may require CONTRACTOR to furnish, at CONTRACTOR'S expense,
additional data about the proposed substitute. ARCHITECT will be the sole
judge of acceptability, and no substitute will be ordered or installed without
ARCHITECT'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.
6.8.2 ARCHITECT will record time required by ARCHITECT and ARCHITECT'S
consultants in evaluating substitutions proposed by CONTRACTOR and in
making changes in the drawings or specifications occasioned thereby, whether or
not ARCHITECT accepts a proposed substitute. CONTRACTOR shall
reimburse OWNER for the charges of ARCHITECT and ARCHITECT'S
~lmsuitams fCIl' e\ alu<tllllg any proposed 5ubslttuk,
CONClRNING SURCUN J RACTURS:
f.,') CUNTR:\(~T(jR "h.IIIIl\l1 C"lllplny allY 'Uhl."Jnff,Klllr ,--'r ,.'rher person Of Of!!amzatlOl1
i illduding (host:" whll are 10 Inrmsh the pnncipal Items ot rnatt'nals or eqUlpment).
1\ hdhl:r initiaiiy or ;IS <J sUt>slltutC'. ;)gal!1st whom U\\'N"',R l)f AJ<Cllf ILeT may' h;)\ c
I east1!1ahk tlnJcct!ol1, A~uhcontfal.:tor Ilf other pefson Of or!!anization ident i lit:"J in
lHltlng to I ,\\, 'Jr~R and ,\J<C'HITf-CI hy CO"HR,\CfOR prinr!lt Ih~ :\hltil-e Ill' Aw:ml.
:md nol tlbJccted If) In wnlln!! bv OWNER llf :\R( 'IIn ECT pri\lf 10 lhc '~,lIi,-'e of A\\;mL
will he dC('HJi.xf acceptable k~ nW>ilR ilnd ..\RCllITECT, \n:ertllll'l' 1)1' anY'
.ufx'.\ntractor, ,',thel per"lIlJ ", U!I!<llliLation hy O\\';\iIJ{ or ARCHITEe I shall nnt
COiiSli'Uk it "'illver l.fany riuhl of( )\\"~FR nf ARCfllTEC I 10 re}ccr ddc<:tl"-' 11.'rk If
OW\IER ul\RCHrTEC-r, idkr due ill\e:sli!';lflon, ha, rea,<.'>ll[lhlc Ilf',.lt'dtPIl It) ,\ny
:-lIhc(ll1fmL'tor. I)r tlthl"[ PLT,Ol1 tiT tlf!!:'I117;1111.l1l pn'p.,set! h) ('1 Il\TR\CT()R ;lIh'f' 'h.'
'\ioTicc (.f Award, ((IN 11<.\(''11 II< ,hall -,llhrnlt ;ll' 01.'('eprahk' :';l!h-:I!IUk. ,md the '~Ul1tr:lct
price' ,hall he- IIK!':;I',ed PI drlTt':I';t',j hy the dif!Cre!JcC' ill ,',)"1 ;"l'C;biur:::J I)} ,;u.:h
.>_,,_.,_~t.~~~:L~...fL .:1:d .:U ;ir:p;'::p~-i,-ir..... \.:h~ijjg~ ....i\.k,T :.;hdU h( L~,;l.t~J. Ct./l'-i j j,,\\...- i()R ~haii U,)t
!:.... ''-"'"fl...;,"!."..,: ~,-' to_lIlf1:"#" fltl." iU:"_\.llltl,RHI,. (H;It"I "("'1 10.,1 H! ilf flrt.!;fTll_~:"F'n ag-~l!nst '.\'n~'r!!
l.U,... 1 R..:'\L Tuk has r.:asonahle OhJCCIIl.l1l
0, [II
l'i))\l i Ki\( TtA<. "hall h~ fully fesp.)ll'olOk k'f all ,K"ts and omissions of Ius
:.Uol'lllllraclllrs. and OfptTSllllS ;md "f!;.11l17alJ'ltls tlne,"ly p! indifvd!; Cr>1p!")'L'" by tbl'!]!.
,me! l)fpn"I)lls ;lIld nfPilnl7:lTj,"!1S t.-.r wIlt>'!: :ILI'; ;my ,)(111<:111 !n:t~, h' !J;..hk II) Ih... s~:nll'::
L'Xll'nf (11m ('( I~ 11<,\( 'TIIH l' rt'~r"n,ihlr: t;,r thL' '!I'I<; :'11<.1 "missions,)f IKr,:t'Il.,; di;edl',
<'mpln~..:d hy '- '( 1l\J II~\(' n }P, ',il)fhi'1:: in tht: ;:I.'ntra..:! JI_'.~unlc:Jh :.h.d! ~rc;}le.l
,., 'f1f'-;'I'fq;i! r<:,b1j"f1ship j--.d\'t'~'n U\\'NER '.'1' ,\1<('1 IlTLCT dad ,U1\ ,;Uhl..dlll r adu[ erf
,tthe: ;)t-:r~-:,I'n ~'r 1.-}r~~;V1~L~itiun ha.. ing ~ dIr..:~i ~\.)lltra~t ",,\:~t~t l\)j\..; I'R.\c.'r(jH... nof :"I'd1l 11
,"'lIfe' 1n;, d~lig;rlicJll dr; the P;lr1 ,'I' U\\":-;ER oil ,\R( '1IlT[L'llli p.Jy '" it. ,,<:,e t" Ill\..
t'Jyn:cnr ;'If .1Ii;.. !n~;ni~'~~ Ju~ t.H~:". .-,tih~'-,i1lfd\..~h}f. I.,f \'.th~i pt.:l~ln 01 {jrgalll/iHlnn, C\l."e;tpt ctS
r:;~i~l' ~.\(!h:.:;l,.\..L:.C!.Jy h.qulti-\.! b~y L..h\.-. l)\\'~~FI\. "1 __\t.{( 'i-ti 1Ft" r tHa: funl1sh ~f\ an:..'
.Ll~,j\....i~tlt.H;i\)i of uiit~i ~)\..-I:"Uti ,Pi ul~lifn/I.'OfHl ttl dh: I."XleTH pr~1t..:'tJC~lb!e. c"J{1enct.' ~}I
tdii\-,ltdL, pd;d i\~ C'(;~"~lR ,.',\ '-j t if< ,.fl ;u~'t_'ntlfli 01 ~ret'!!!c l"('r~: dc'ne
0" I
i he-di\d""'(l':'; and ....ec'H}n: 1)1 r!~(" SpCClt!C;:nt'ns ~lnd the JdCnr11i,-::lt:'in:~ iJtan~.,jr~i\\'in!2-':-'
-,j".il",.. ':ilfllro! '..". ''-II H.--V II .11<. In dlvldmg rhe \\nrk amung ,Ub':(illll,'t":lur", "!
dr~"'!!!1C~1I!ng !'hc- V;t'rk h~ he perf~;rnk:d h\ :In~\' jr"~1....~ifi( tr~I~JL.
" !:. ,\1: w()rk rv:rtolrToh:..l k'r cc )"-nT< \C I (;j{ h\'.1 ,lJIlcufllrac!('r \\ Iii h\.' pur',;u:.t1H 1(\ an
:Ippr'.lpri.HL ;l~I<\.'II"'111 hd I'. <:en <. '( i'"TR\( 'TOR and Thl' ',;nhel'Jltn,.!p! ,xh'"" ';pe':lti<:-:,II\
hind... ':1\:: '~lIht_i'''IIf:Ii..:tor f{} dl\." ~IPr:it.:~lh,e fr..'nl1~ and cnPd,rl,lfl:, I'! tl1t.-" CPfllr'_tt~: d(~I"lln1t~nt'- ~
1;,; tiil.b(.'lIdil,'f'hr:~'\V'~I:RIj111\J((i"ll( ! ('(I\irl{.\{'IIW -;\1111 ;':1:, c:lel,
',llf)"'lmrr~lL'r'lf J iU:,t ,n.ln' P' :111\ m'IILi!l','I; r[tI'lIte.; rC":"!'.t:.1 h:. ('f l':TR ',f' f'(1P', ,.
. r .. ~~- .... :...:.:...:; l.:~:.~;"';~ ~'_: i:'-~&~.l.7';~'i:';'
P AlENT FEES Ai\lO ROY ALTlES;
('.1.' CONTRACTuR shall pay all lin:nsc fee... and myalt.es, and assume all costs Incident to
the use III lht' pt:rlimnunn' of the wt1rk, or the incorp{)f:l!iun In the work of Ilny invention.
design. prnCl'SS, product. or device which IS the sunject of patent nghts or copyri!!hts held
by.)lhers. H a particular InVentIOn. design. process. product. I)r device is "pecifred in the
Ct1ntract documents for use 1I1 the pertimmmce of the \~/tlrk, and I f to the actual
knOWledge ot UWNFI{ Ilr ARCHITECT its use" subject to palent rights or ('('pvrights
calling tor 'he payment of any license keor wyalty !l) plhers. lhe existence of slIch rights
,hall he di"dnsed hv ()WNFI{ III the nmtracl d()\.'ull1cnfs COf\:TR\CTOR shall
indemnify and hold han!lles~; OWI\Jt-:R and ARCHITFC r ,lnd .1nyot'!e dIrectly "I'
IlIdlrectlv employed oy either ()fthem from ;mo against all dai!!!';' dan1.1ge5, 1"5,C-';, .md
\:"\penst.'s (including alfl'mt>v'" t'et'sl ;lrIslng nut utJH) infringemcnt ",'part'n! right:> or
enpyriehts incidenllo thl" "11(" In rile fkrl\'nrnncc nfthc \\ork, ill' r~>:'ulting frol1llht.:
irKnrpnratlon in tl1.: \.\ ,.;1, It .my il1\<:'nti,'lll, \.!t:.,i);:n. pr"l'ess. prnJu..:r. l'r Jt.''.llC nut
-:r"--'~~ ;r~d ~l; t!~t': :_',.:;~t~~~; :'!\..h.;~i.j~.i\.::t. i.idJ ~,iilin ..k.i~iiJ Lan ~~U~.J \"'i,,-HnJ~ Ht \.\}II11t..t:lJon \,,"nil
all) aiicgcd II1tnngcllIcnl 01 su.:h nghts.
Pl::RMLTS;
I). i -+ Lnic:ss olllt'rWlS~ pro\lcJCd lllthc l onlract UncllIlll~nls, CO;\jTRACTOR shall obtain and
['3V ti.t alll."onslntcttnn pcmlits :md !iceme;; (J\V'\'ER .,h:!1I ;'''1,1 ('n~TR.\CTnR.
when nect>S,m,'. in ,,"'t:linin!' <;1J('h perml" ;lflU ",','fFt'S ('()1\,:TR,\CTOR ';hal! pa~ ,:I!
,,"o\'ernmcnfai charges ;111.-1 I!hped ,< ,n ,j.c...; n"':'.':'..-=lry t; \1' lh.,' pfi,'~e...'uljl'l1 ,:.f! hl: \\ orb..
which are :1pplicable al 111.. I imr:..r c,[x'ning .,1' hld~ CO:\TR.\CH )!{ .,h<.llI pay all
<.'harge" .1f '11 ilil~, q-r:i,-t;:> '.:"~nr'itllICS t: 'r 1."_'~ll1<:l'i',iI;:; :l' Ihc ,',; ~;i,. JnJ U\V;-.~"R ,hdil pay
ill ,.'h;lr"r~~ ,of -';l!dJ ,;"mp.!']!!?," f.lr c;.!piral 12\>.';1" tl.'J.llr.'d Ill.:I":l".
LA WS AND R.l:.UULATlONS;
'I.;:' CUi\: nZAl TCJR o,j 1<111 give ,dllltllin', iHld \."'.Imply with :111 iaws. urtllll:.mces, rules. and
regulaihH)" .tpplll<thle tll till: work. h c'U!\i lRAC j OR ubserves thaI rhe specitkatil)fiS nt
m,m illgs an: ;11 vaflance ti1crc\\ I!h. l UNI RAtlHI{ shall !lIve lNGINfFR prompt
WI Jllt'n !I'.>tlce tllereof. and :IIIY necessary changes.;hall 1.1... adjusted hy an appropriale
modltic31Ioll. II CUN !l<.At.T{)1{ [WrfOmB any w,.rk kill '\~!I1g, ,'r lia\ itl~ re;p;p!l In
kilO\\'. that It IS cOlltrar.... 10 ,[ieh laws. c,rdill<111u:S, ruks. and re~uIaIJnn.s. and without ,{k'h
lll.,tlce In\HCIIlTI:CT. CON r R.\C I ()I{ shall hear all cP,ts arisllH! ,hcrl' frnnr hmn,'\('!
il,ball I",t he CO:--':T R >\C' ICJR'S prilJJ;Jry responsihilit\' III lilah, l.t'rt~lI1 that !he
~pC'citi,.;tll..rb <lnd d!'<t\\lJlgs are In :1\.'l.'<lflbncc \\ ilh "{wh 1:3W". ,"rdlllam:t'" mlp~.11)d
In!tllaIIPlls.
J.L\LS:
.,.! (; t U:. 1'R.-\C: Ill{ ~hdll 1M} .tli ',;tle<,. "(1rl'<'lIflt'r. use. [md "I her '-;lll1llar t..l:,(~s required 1<.' b<:
p.lIoi h} I'lll) 111 d\.'I.'prdaf1n: wllh lilt.' law llfthc P!;!l.'l.' III the rrC1fcCI
USE UF PR1:.MlSES:
(l.l -; CU;-';TRAC10R "b,ll1 , ""lill\.' ,-'I.>Jhlnll.:lioIl c\.jlllpment. the storage of matenals and
cquipnl~"l, and the Ilperations of wl.rkmen Il' areas pl:l1mtled by law, llrdinanl'cs.
pC1l1l/1S, or lhe requm:Tllcnts ('! the contract documents. and ,hall n(l{ unrcas,mahly
("Ill'umber the prclllJses with construction equipment or other mi1lt'rials (Ir ('quipment
tl.! S Dunn).! the proQrcs~ of till" work. CONTRACTOR slldll keep the prermses free fnom
accumulatiolls nf \.\i1:,tc material:'.. ruhbish. ,lilt! tither dehris resulting- tj-01l1thc \\"nrf.. .\t
the .:nmpktinll pf the Ih'r/';' CO~ l'R:\CTOR ',hall remo\'e all wastl' l1l:ltcnnf,. rubtl1sh,
all,! ddlfJ,. frllm <mt! ahl1lll the premise's:ls well :IS all tools. :lpp!J:lllCCS. ':lll1slmdiO!1
t'qUIJ'IlIt:llt. and machiner:. ;lnd stlrplus lIl:Jlenats. :1nd shall I(:;j\': the .,ik .:k:1tl and r','ady
t(lr (I'TlIpnncy nv O\VN FR ('( )Nt R. \C /'IIR "h;lll n:slt 're 1<.1 Iheir ",i ginal ('cHlditi,.'[j
rhose nortjpl1s of the SIft' nnt dC~lgnal<.:d IllI alt,'!-atj;'1l h:, the c, '1!lra...'I d',\CUl11Cllb.
l1.l t) ('( I\iTRAC lOR skill I1lJI ](';ld. n,'r p<.:rl1lit allY pan IIf an) .';trudul'e III be k'adnl. ill any
Il!:.JrtIlel' th;jl \\il! (.tklant:cr ~he :,tru..:ture. l)c)r :,I1;IIJ C( )NTR- \CTOR :'UhICCl ,lilY part urlhe::
\\,)rk (lr aujdc.:nt prcJperty In ,,:r:.::;:;cs .'r prCSSUfL"S th.H \\ III ..:nJan!!L'f it.
RECORD DOCUMENTS;
0..20 CU~TI'C""C I UR ,;hall kn:p nile n7,~(lrd Cllpy 01 ail spccllicallOns. tlrawlIlgs. acidemia.
llJoJlllcatilJlls. shnp dnlwmgs, Jnd samples al tht: silL' Il1 gond order and annotated t(1
show all chang...'s made durill~ lIlt.' ":llnstructlOn process rht~se shall Ix- availabk tn
0\1" !\<l:l<. and ARc'HlTECI fLlr examination and shall he ,kli\(:ret! (n ARCHITECT Illr
(JW~ER upon l:llmpletlOn ollhc work.
SAFElY AND PROTECTION;
(1.21 eut\ IRACTuk shall he respoll~ihk fllf milialmg. mamt:llnill~, amI ...upernsrng all
s~kty pr<.:~..utllll1,'" and program:,; I!l n'lmeCtlOI1 with the Wllrk. t 'ONTR;\CH)R shall
tdkl: allnt",-Tss<try prt'cHUlIt>nS klr the safely 01. :md slwll rrovllk the IK'('cssary pn,f,;",,:lltlll
In prn,:nl damage. injury, Of lo:;s Il);
.-'.-..; ,\.il .:mp"-.y"::':,,"'" iilt: .....1 j., <lnd Utll!:t po..:l:illIlS. who may be allt.."l:lt:d thereby,
1- "\1 "'\
"" ,I 1 ,., _"
,\.11 tll\. \"'\11,,- ltlHlllH ffl(HCfldl'-l Ilf Cqll1fHTlt'"T11 rn ne P1Cf1!T,pr:!!t'd !t~('rf"n np~:~'~h,':'
III stomgc on or oft the SHe, and
iJ.21..1
I' '" ')
.1._.....
L\I LJ{<,l:NlIL:S.
<llh':l properly <lllhe site. ,If adjacent thereIn. Illdudmg trec~, <;hmhs. fawns,
walks. pavements. roadways. structures. and utilities not ciesignated for removal.
relocation or replacement in the course of construetion. CONTRACTOR shall
comply with all applicable laws, ordinances, rules, fe'~'lIlations. and orders of any
public body having jurisdktion for the ~afety of persons or property. or to protect
them from damage. injury, or loss; and shall erect and maintain all nC\:essary
..afegtmrds for "uell ..afety and protection. CONTRACTOR shallll(,tify OWlltTS
,"'If adjacent pr0perty and utilities when prosecution of the \~UIJ... ilia) affixt them.
All damage. injury, or loss to any property retcfled to in paragfaph 6.2 \.2 or
6.2 1.3 caused. directly or indirectly. ill v. h\lk ..Ir in part. by CONTRACTOR. any
subcontra\:lof. l)r anY(lne directly 'If indin"dly employed by any oflhcJ1l. or
anyone tix whose Jl."b allY oj" thelll lIlay he liable. shall be remedll..'d by
CO~TRACTOR (t.'xu:.pt damage ur loss illtrihutahk h) the bult vI drawing;; lif
'!1cl'ifi",lt!('t}S. '." I,. th.... :lc"b ";', nn:i;;:':~:fL; (If O\\:'iER i.lf .\R(1111 LC r. llf
dny,'J]t" cmpk.;. c:u b:, ,,;ithcf of thl..'l11. or ;In:.I.nc f~;r ""llu;,;<= ;I;;b l:lt]It:lI,j'ihem Ill;'!)'
he klblr:. :!IlJ :lul :ll!nhut..bk. din::':lh ,,; ;ild;rcdl~. III will'!.: l.f If) parr. [p lflt.'
i:,;.IH "i il\.gIJg"H";\.' uj (\ J:'" i K. \t . j uk). ul;\ Itc-\l. I UI<'~ dutl.:s dmJ
;-~-'-;;::._~~~~.~;!...~:;;,,,- ~ ~~-'I ~:i\_ ;ili~ry 'llJl: ~IHflC"t..!;Pfl fll"flf." '.\'(lr~~ '.:rl,:~i! 1.?"!1rnHH" !!rHTf \.:n~~!~
Will: ;I;. aii 1I1C \hlfk I;' ":PJllpklt.'d and .\RCHtI t:.el has issued a nutlce (.)
:~\.l\,'~'~: ',~ .tJHi ,'~, ""~-f~_ "\' f' 'fO(. fn ?t~i_",--'rrJ:-~n('!." '.."!P'l "':~r~:n;:4~~)h , ! ! ~ H: I~ ":'_'
wllrk h ;.1cc('prabk.
c( )'~TR,\( n iJ{ ,};,di dt."",lgll;!!t.;t n.':'r,'rblbk lllL'llIb<.:r III hIS \1rganllalidll ilt tho: ~Ht:
"II",... .1111., ...Ildii !l\: lilt.' pre' ':IJtJI'11 c.. aCCidents. Itll.'; per:;on...hall n\:' <."< J;\iTR \CI C)J,'S
'>UI'CIlIllt.'!I\k'nl. ulljes~ ....1 hL'rv. he de;,Ii-'TI-ited In wnrinl! 11:-' ('( J:\'TRAt 'TOR ill O\VNFR.
:;.2.~ :,i cilh.:'!!>.;II':I'.... ,likcllng rile "';tIC!j I.>r pn'lecuun of persuns. elr till: \\..r". "f Pf')I)(:rT~ <II
Ill... "Ite "1 <idPC"1I1 1I\!.:n:h>, ('uN I P_\l'l UK. '.\ !thout ..'p~(:jirll[l,\rudl..n (If ,lUl.h"rll:ati.,tJ1
1I,,'n ARCHI I Lei !I.' '.)\\\1:1<.. IS tJbhgJted In a.;l (d prcvcf1Ilhrl'dlt'fied damagt'. illJUrV,
,>r iuss. C uN IKAt'l UK :>hJl!~I....c\R( '1111 LC I and PRnIH'1 \IANACiFR nrompt
wnllCll [HIII....e otan) :;lgrHtl":iI!11 ,'h;llh,CS ill rht: \\:(lrk III de..ia(ipns fn)!TI the ("nl1lract
Jo,,:ulllents caused rh\.Tdl\
'..;IIUP DRA\VINGS AND SAJ\lPLES;
:J.21 \:'kr c:h.......k."t' .lIld ...'1 It) IIIg ;~i1lidd !IJeasuremt.'nl,;. tUN 1 K\l nm"hall suomit to
['R( I.lI (' r \LV".\(,FR /\~..;U uR .\Rl HI11:l J lllr reno:w ;Hld ilppn.lVal. in aC\.\'lddIlCt:"
\\ JlI, i/ H: :il:l'\.-pted sc hedu!c ol shup dr~i\\ 1Il!-! .>uhmh:,Io.IIlS. Ii \ <: .... 'pie.. ( L1l1les.. 1l11t1.'J"wi...e
"1'l"Cl!ied mIlle ~cllcral requin:'lllcilL.l ,1( all 31wp dr,mil1!!:>-. wlllch slMIi ha\t" hecn
~hcdcd by. ~II1J :,tJlllpul ..\, II Ii thl.' arpmval ..f. ('( );-';1 RAl'TOf{ and lCkmi tied as
I'RuJl:C I M\,"J'\(jLR t\\i[)()R ARCHITECT JlJ<lV reqlllfe. fhl' dar;! ;;h"w:l"'!l the
shnp dfdWIl1i;S will he u'llIplele \\ ilb respt'cf tn citmensipns. dC<;Jl!n (r1kri:l. flliil,'p:t!s t'f
._'.-.q,rf1i.-.f!itn ;H)d lik:. ;!~r.\:t"'!:~!t~)r' t~, :"'~~,hL.' PPf }ff'f 'T \1 \~<.-\f_iFl~: '\~<!"'()F~
\i{( Hi j b.. j III rn few the 1I1IlIJll1allOIl;1., rl'<]lllrcd.
'\ 25 n iN rR .\C I (If{ ',hall a/so .;uhmll to PR( HH'! \ f '1"\\(; FR ''\if) fIR \Rel! 11 H . I !l;r
, ."" :1~1d "f'pr""'I' "',i!~i ,:",_1: ,':'.:::;r111"'", ..1:.:... ~~ll;:,c.: ild .1":;:1:, in \~'.,,:... ,Ill "dIlIPic:s
required by the contract documents, All samples will have been checked hy. anrl stamfwd
with the approval, of CUNTRAC IUR. Identltied clearly as to material. manutacturer,
and any pertinent catalog numbers, and the use for which intended.
6.26 At the time of each submission. CONTRACTOR shall, in writing, call ARCHITECT and
PROJECr MAt"lAGER'S attentinn to any deviations that the shop drawings or samples
may have from the requirements of the contract documents.
b.n PROJECT MANAliER AND: OR ARC'IlITECT will r('\it'w ;fIld ;lpprtWf'. \\'ith
reasonable promptness, shop drawings and samples, but PROJECT MANAGER'S
. \NDOR ARCHITECT'S review and .lppnH <II shallllt: . 'lll~ li.r ~'Pl1t; W!llilnn," II iii, I h,.
d":slg/l ....,..u....qJ( oi till: pruJC':[, and lOr compham.:c Wl!h the IntimllatlOn gl\icn In the
.~~.)ntr;.1~t j\.~..2';,.l:Lt~nL,. diii.l "L.d: iit-.i. 4..:\iLruJ hI f1tc,-111.~. ltleijftt~i~_ .....c....qul"nCc". fl"chr1fllllr-". j~r
pll.>\.:....UUlt:" UI....ull~[ru....HOI1. or [0 ~,aie[y preC,IUflOl1" nl pr;'!grams inCident thereto. I'he
I t:\ lew ;lnd apprPI ill "f "~(,pMart' item as such will fln' I!1dl<.'~lk ,1ppn.\ ,II .It'! f1t' ;l~'<;,mbI~.
in which the item fUlloinlls ((I~TI<\( r I If{ ,hall n:a~.l" :!ll) C'/lJTI'I'ti"l1s r<.".J,.tir("d h:.
PRIUFCT \'f.\N\( d. K\ \JllllR '\R(1l I IF( 'T, :1nd "11,111 rerurn 'he n:qUlreJ rlumb:r uf
,"(irrr:ctt?d I~C)rle' (-It -SlHlf1 t_tr;n'.--'n_(_~"" ~'nd re::IJhrnir rl(''.\ -::HnrL:~~ !~,_'r rl".:ie\\" ~lnl~ ~!ppni\al
( '1 I'\: I R \( "'( IR. ..;1,,011 dirt"'." ,:[1t.',,'itic :l!lc~1ti.ln in \\r1!mt; tl' r~'.i.',!":h (.,t!:<,T lh;m lIle
,'nrrt,..',j"l]\ '.';llk.1 FIr hy PROJECT \1.\~~.\(lFR\":f) (1I{ .\RCllITJ::CI '.Ii! pr.....>!uu,;
.'.!f'l!ll'Uk ('(.IN! R,\C'TOR'S:.t.l:rJjl ,J .1i'Pl,C',.il 'Ji1 un:, .>hclp Jl<.ll\mg ,,'J sample slwll
,:ur1:>titutc:l :CPI2,',CI:!;;tj..,;; :" ()\\'~';[R clUJ .\RCllilLCr lliJ! CU\ iK,'\CT()\-{ ildS ,'Ither
,!d:':ll::m.:c1 .iIH! ... .:nticd cl:i ejU.,ii!l[i........ Jilli":lblUlb. field ....')11...(1 UCII(Jfl <THen;" m:w:rial,
''-'otL.iltjg: ni..lnJH__i....~ ~.dll.1 ,",;iiijL~.H J...:la. ul ~l:o.."iU,lnl.:~ fuB 1t.-~p(tJ)s,i)tiilY t<<"if {kHn.~ ...0, and {hat
l"( )~...; : IL\l' lUl{ hdo> ,<:, ,<:I.H;d "I L"""hll.llt:d ,.;teh ~h.)1' dl;lWH1j! .'1' sampk W!llt rht:
!t:4UlrcIHt::lt:::, 01 tju..: ......t)l.:r.;, ~Hi(J Ul~ ~i)ntnh.:: d')~liIH('iHS,
.." 'VI' il..;r.... a ::'ihip ur..l\'. Ulg Ul :,awpt.: l~, rcquln:,iJ by the spc':ili..:alll.m.s. no related w(" k :-ltall
hI.- {'(Hfnth'pct".sd 1_lf1t!f th~ (,.~t1hn1!rr:.ti h:'!:-; h~t"'~l f'(''."!c'yc-d-:r:d H.,l"'I~','\, 'jl h,. P'!()fF('l-
M,,'\>J:\GER ANI JUK. :\RCHi 11::C1.
"../ I'RuJLC 1 \1..\>,:\\.;FH'S\t-';IHII<. .\1\1 H(THI rn.Jt",\ ~tIlJ JDpro\ai (.hhup drawaJgs
'" :,.lIllpk" -;jh,li /10' rdie\CI, , I:".TI<.\I. fl *. lnml respr'l1slbdtty ((lrany ut"\'latil>ns from
lile '-"Iilrill.'f d'lCllfll<.:fjf" '!flie,;,; (",1i'. J R:\t Ii)K has. if! '.\'nlllll!. called PR(lJECI
\1 "':":'HJLKS "\"',,/.)('K Akt HI! H I ;)1!l"ntH~n (n sucn dcvj;jll....n :if fhe fill".' "f
",i'"1>:'2!"". dll'..i i'Ki_iji.:.'_' i ;,L\i....\Gi:.R i\:-;D.t)f{ .\Kl 1111 LI, 1 11,1..; given ;.;,TIll..:n
\."li'l\..diiclh..'.." ..:Jild '."'.1(1\111 it. file ,:,pet. ijic (if 0\. iali('f!. nor ,h:tii :lrp.' !~.ClneUfrcnct" or :l!"!1rC\Y:l!
D) j'KlJJU I :\1.\[".. \(;U-l. ANUil)K AKlHJ I LL 1 ft:hcvt: COi\ll K..:\C lOR from
!1':~ptH1.Sii..HiH'y iiJf CITur~ vr UUH~,~.aJu~, III lil~ ,-"hop dra\\.:tilg,.
CC)i'-JTlNUINGI HI:: \VORK:
'.).30 CU~, I RACTOR ;.dlail ';;111;' Illl l!l(" \,\.,rk dlUI malJl!;IIf1 the pfl'l!fl:SS scht::du!t: dunnl! all
dl."pllk~,~ "1 dl"dgrnTIlt'Ill'S \\ lit! '1\\ .'\U<. ~~..) w'.>rk Sh;li1 ht: ddavt"d or P():;tpo!1cn
p(,'luling Il"SOIIlI1"!It'/ :l!lV ,!Jspurc-s or dlS,H!n:t:rnenls. eXL'('pt :lS ( '( )1\: IR\t "It lR ,111.1
'."\\:',,jjj{ ma~. ulhclWl:,e oIgrc,,' ll1\,\Tllll1g,
INDEMNIFICATION:
.
6.31 To the fullest extent pecmitted by law, CONTRACTOR shaD indemnify and hold
harmless OWNER and ARCHITECT, 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. damage. loss. or expense (a) is ailributable to OOdily injury, sickness. disease, or
death, or to injury to or oe'itruction of tangible property (other than the work itsdf)
including the loss of tlSe:' resulting there-from. and (hi is c<lused. in whole or in part, hy
any negii~ellt ae! or oml<;sion of CONTR,.\( TOR, ~ny Stlo"'llntf3t:tor, anY(\!lc directly :i:'
indin'c1lv t'l1lploycd hy any pt'!ht"rll "T ,~nV"nf~ ';'T ....h",:e <:k'ts ,my d'the:n may ~(' lint,[(..
n:i!ardJcss (,f whetlwr .'r nc.t it j,. c'il'J;;t'd 111 rJrI b;. :1 t'3r!;: i:lllemnlf:ed ~ll'[L'\JnlkL
N'\lhing inlhe u'!ntr;1,'1 +'111 h", i!1t,.'!"pr.~tcd that t~lt.' U\V:-.iLR v..1in:::. i1<, :'l'i.Gi.Oi!:,ll
~n1n1unlfY ~;2iHcd ilndC:::f C f{ ~ ~-t-;U--J\L';:,
(": I In ;my :111(1 ;.p c1a'!'1';'1g;li:1st O\\'l'.~ER nr\!{C! !ITECT. Cl .lil;. ...,r':K;r agent:; (II"
"'1T'!'),.{",. f-.y :my :::mpLljL,;''; "r C(}NTF~ \CTI;R. ,iil/ :,ub-:l.mradl'l. .1ll:\'1l<:: dire.d;} or
i"1di:-c,:t!y c:nrL;yted l-,-, ,:n;. ,~l:'th':JiI. ,,; dIl)"Il": Ivr who"l.: .,d" <lilY \.CI.Ilem may bl.: habit:.
t'lt.: Ind"'nimt;.,:"ti,)ll dl,Lg",(,"'ii ,j[H.kr paragi'aph (,..\; ,~h,di n"f iJC iiJiiih:U I!J <my way by
iiny limit,J[i'lii ,II, ilk ddh".ulH ,)1' i:. po.: ,oJ .j,llil,,;ges. UiPipl.:lhill illfl. or b<:'netits payabh: by llr
l-:'ir CO~';TR, \CTUR III ,'11.' ,uh'_Umr,I({Of umin "'I .rkt.'r' s or worKmen s compensatIon
ddS. di;c,allild) hendil <ll'b. or 'Hilcr l'mployee benell1 aCI~,
UTHER CUI'dRi\CTOR IU~::'i'Ui\;::'lIJl.LlncS;
tj..} ~ t luuf6 (:,1' 1,\\'H'k di ~ IIt~Tc..:b) e:.,iaoit'~ilt:d tn tlt' ~:UtJ dm unril 5:dO prll.. j\:Jonduy through
Fit.h.y illllt.'>>:; requc'.;lcd Hl wntmg and specit!caHy alllhonzed otherwlSC by PROJECT
f;,IAI"-At,ER. >.Jo w~t'ke!1d or hoJltlay Wl)rk. IS allowed unless requested in 1-vriling ~t/1d
"P{:CllIGlily authcnized by P.I<.O)1:C I MAN/\{i~'K
':.11,! L;,,~L:i:l;': ];::'.;':: ;:. ;;;;;;;;~,ii;;.:J "ii', ~;U1i,i.,:",' '" \l","h.v... e;wi, W!T"
CU0i 1 KAC fOR mU:>llll<lllllam lho"c areas free (II malc:nals and acce:sslbie allhese
tunes.
fl. J J. 2. ('() l'~Tlt...\l' 1 Ul{ 111USl rn~u ll~ul1 t:xi::;ting circular dn y'(; In a usable slat~ at aU tunes with
:,lgnagc.
UII:_" li'-:'. t:".'-....~tf". i_'( II. lP J;p;-I,,.d ('ip~';lfn:"~ (\)~'.iTR_;,'..( T~ 'f< l'~ rf":-:pr~'::~h'~"" fnr 'in',' n,'.'.:>~~~ ~!"",.
,', ~; i', ,j""';-,, A.' '-~',~ !nt!~! u~C' ~iC~~frn:H~ ':!:~~~"~n~T :!!"('.:':<:::!"n "":t' d;'L-"~2!,:"":":d ~!~..-' rn,'.~'''ITP.
CUN I KACJUR ANT> ARCHITECT.
ARneLl:. 7 WuRK &Y 01HbRS
~'.: ()\\i~~ER lfid)i perform additional wnrk rdated [0 the project by hlmselt, or h<Ive
additional work perfomred by utIlity servIce compames. or let other dIrect contracts
therefore whIch shall contain l!eneral conditions <;lmil:-rr tn thp<:1' CONTR A.('TOR Sh3!!
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 PROJECT MANAGER AND/OR
ARCHITECT in writing any patent or apparent defects or deficiencies in such work that
render it unsuitable for such proper execution and results CONTRACTOR'S failure to so
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 ARCHITElT and the others whose work will be affected.
7.4 If the perfonnancc of :ldditional work hy Nhcr ..:ontractors or utility service companics or
OWNER was not noted in the contract documents, written notice thereof shall be given to
CONTRACTOR prior to starting 3n)' :}Udl addiliunal work. If CONTRi....CTOR belic\ es
that the perform;.mcc of:-;uch additional work hy O\\'NfR ,)r ,)th"r~ ill',,,I, p~ 'H!di';'.'!1r1!
expense to CONTRACTOR. or requires an e:<knsion of the contract time.
CONTRACTOR may m:lke a claim thercit}re as provided in Articles 11 and 12.
ARTICLE 8 - OWNL:R'S RFSPONSIBILITIES
X.I OWNeR shaIlISSUC.: all communications to CONTRACTOR.
,~2 In case oftcrminatinn (.fthe "I1!nl"\f11~nl ,.f ~R("H'TFCT, r)\,\''':ER :;1-:311 :iFP,'inl:m
ARCHITECT whose status under the contract documents shall be that ufthc fornlcr
ARCHITeCT.
ARTI('IF9 YROJE(..'T MANAGfR'5 STATIJS DURING_CONSTRUCTION
OWNER'S REPRESENTATIVE:
9.1 EAGLE COUNTY'S PROJECr MANAGEMENT DEPARTMENTS DESIGNATED
PRUJLC r MANA( ;ER WIll he: (lWNER'S representative during the construdion peflod.
VISITS TO SITE:
4,2 PROJECT MANAGER AND' OR ARCHITHT \\111 make visits to lhe site al intervals
appropriale 10 the various stages of construction to observe the progress and quality of the
executed work and to determme. m general. If the work is proceeding in accordance with
the conlract documellls. ARC'HITl-:CT AND/OR PROJECT MANA<iER will not be
requirt:J III makc cxhau'iti\'(' ,.r cnntinu'")'ls '")n-site in",pcctions tu check the quality or
quantity of the work. ARCHITFCT'S AND/OR PROJECT MANAGER'S efforts will be
dircdeclloward pro\'irlinp t;..r nWN'FR !l greater dcgre<: 1,'1' confidence that the completed
work wi II contonn to the contract documents. On the basis of such visits and on-site
observations. as an experienced and qualified design professional, ARCHITECT will
keep OWNER IOtormed of the progress of the work, and will endeavor to guard OWNER
agamst detects and deficiencies in the work.
CLARIFICATIONS AND INTERPRETATIONS:
Y.3 ARCHITECT AND/OR PROJECT MANAGER will issue. with l"e3sonable promptness.
SlKh written claritications or interpretations of the contract documents (in the fonn of
drawings or othenvise) as ARCHITECT AND/OR PROJELi MANAGER may
determine necessary. which shall be consistent with, or reasonably intclablt: from. the
overall intentllflhe contrad documents.
IfCU~TRA.crOR belicves lhat a written c1aritication or interpretation justifies an
increase in thc l:ontract price or contract time, CONTRACTOR may make a claim
therefore. as provided in Anicle II or Article 12.
REJECTING DEFECTIVE WORK;
94 ARCHITI:<:CT AND/OR PROJECT MANAGI:<:R will have authority to disapprove or
reject work which is defective. and will also haw authority' to require special inspection
0r testing of the work as fabricated. installed. or completed.
SHOP DRAWINGS. CHANGe ORDERS. AND PAYMENTS;
0.5 In connection with ;\RCfIITFCrS ;mclI'THHrCT \f.\ NAGER'S resp(l!ls!bility t~Jr <;hnp
drawings and samples, see paragraphs 6.24 through 6.29 inclusive.
()t) In c,-mnedi,")n with .\RFH!TECT'S :md PROJECT ~.f:\NA(IFR'S rC'.;p,m:;ihiliti(:".b ".
change orders, see Articles I 0, II. and 12.
().7 In WllllcctlOn WiTh .\RnITTfCT'S :!llt! PROJECT ;...IA!'IAGER"S rc:;pon:;ihi1itic:; in
respect to applications for payment, etc., see Article 14.
PROJECT REPRESENTA nON:
'i.X ARCHITHT may Iltili7e PROJECT MANAGER to assist ARCHITECT in observing
the pcrtimnance of the work. The duties, responsibilities, and limitations of authority of
any such PROJECT MANAGER and assistants will be as provided in the supplementary
conditilms. rr O\VNER dcsi~nates another agent In f(cprest'Il' him at the site who is no!
ARCHITECT'S :1!:,Clll. llll: dulies. rC'ifl0mihililics all.! limiti.I!"lb ...f:H1lh0rity ofsl:ch
uther person WIll be as provided in the supplementary conditions.
DECISIONS ON DISAGREEMENTS:
9.9 ARCHITECT '....ill he the initi<lJ interpreter of the reqUirements of the contrad documents
and judge of the acceptahility l,f the work there under. Claims. disputes. and other
matters relating to the acceptability of the work. or the interpretation of the requirements
of the contract docwnents pertaining to the execution and progress of the work, shall be
referred initially to ARCHITECT in writing with a request for a formal decision which
PROJECT MANAGER will render in writing within a reasonable time.
LIMIT A TJONS ON ARCHITECT'S RESPONSffiILITIES:
9.10 Neither ARCHITECT'S AND/OR PROJECT MANAGER authority to act under this
Article 9, or elsewhere in the contract documt.'J1ts, nor any decision made by
ARCHITECT AND/OR PROJElT MANAGER in good faith either to exercise or not
exercise such authority shall give risc to any duty nr responsibilit)' of ARCHITECT
AND.'OR PROJECT M,\NAG[R to CONTRACTOR, any sUOColllractor, any
m:mufacturcr, fabricator. supplier, or distributllr. or .my of their agents or employees, or
any other person performing Llny llr the work.
9.11 Wht'ncvcr. in Ihe contract documents, the terms "as ordered", "as dIrected", "as
required", "as ailowcd". or tcrms of like effect or import are used, or the adjectives
"reasonable". "suitable", "acceptable", "proper", or "satisfactory", or adjectives of like
en~ct or Import arc used to describe requirement. direction, review. orjudgmt'lIt of
,\RCHl'l Eel AND/OR PROJECT MANAGER as to the work. it is intended that such
requirement direction, re\il:w. ur judgment will be solely TIl evaluak the work lor
compliance with the I.:untract documents (unless there is a spct:tlic s(al<:mcnt indicating
othcrwisd. The use of any such tenn or adjective never mdieates That ARCH1TH'T
i\NDiOR PROlE('T MANAGER shall have authority to supervise l.lr dircct pert(lmJ<l!l\:e
or the work. or authority tll undcrtiike responsibility cllntrary I..) the rrm. isiulls uf
paragraphs 9.12 or 1).1 J.
() 12 i\RCHlTFCT .,\ND OR PROJECT M;\..I\iAGI.:R will not be n:spollslblc for
CONTR\(TUWS means. l1lt.:thods, tedll1jquc~, se4.Juem:l.~s or procedures l)f Clillstrudioll,
or tht' salety pn;cautWIlS Jnd programs incident thereto, and ARC! IITECT ANnOR
I'IH lIFCT '-L\NA<:!FR wi!! !!t't be re~ponsihle for CONTRAt'n }({'S !,iilure tv f1l:lli'lllI
Ihe work to accordance with the contract documents.
q.l.1 i\RCHlTFCT AND,OR PROJECT MAN.L\CiFR will no! ~c rcsponsibk tt1f the :lets or
omissions of CONTRACTOR. or of any suncon/mctor. or of the agents or employecs of
any CONTRACTOR or suocontmctor. or of any other persons at thc site or nthcrv.-ise
performing any of the work.
ARTICLE 10 ~ CHANGES IN THE WORK
10.1 Without invalidating the agreement, OWNER may, at any time or from timc to time.
order additinns, deletions. or revisions in the work: these will be authorized hy change
orders. Upon receipt of a change order. CONTRACTOR shall proceed with the work
involved. All such work shall be executed under the applicahle conditions of the contract
documents. If any change order causes an ino..:rease 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 II or Article 12 on the basis of a claim made by either party.
10.2 ARCHITECT AND/OR PRO.JFCT MANAGER 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 ofthe 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. IfCONTRAcrOR believes that a field order
justifies an increase in the contract price or contract time, CONTRACTOR may make a
claim therefore as provided in Article 11 or Article 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 6.23, and ex.cept as provided
in paragraphs 10.2 and 13.9.
10.4 OWNER shall execute appropriate change orders prepared by ARCHITECT covering
changes in the work which are required by OWNER. or required because of untoreseen
physical conditions or emergencies. or because of uncovering work found not to be
dctecti ve. or as provided in paragraphs 11.10 or 11.11.
10.5 If notice of any change aftecting 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 amuunt uf each
applicahle b.-.nd ~hall tit: aJju~(l:J accurdingly. CO!\'TRACTOR shall furnish proof ot
such adjustment to OWNER.
ARTICLE II CHA\lGE OF CONTRACT PRICE
11.1 The contract price constitutes the total compensation (subject to authorized adjustments)
payable to CONTRACTOR fIX 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.
II .2 The mntr;wt pri('(' may only be changd by a change order. :\ny claim for an increase in
the contract price shall be based on written notice ddivered to OWNER and
ARCHITECT within ten days of the occurrenceofthe 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 No change oruers or other foml of ordt:r or directive which requires additional
compensable work to be pertormed may be issued or be effective unless accompanied by
a written assurance to the CONTRACTOR that lawful appropriations to cover the costs
of the additional work have been made.
11.4 The value of any work covered by a change oruer, or of any claim tor au increase or
decrease in the contract price, shall be detem1ined in one of the loUowing ways:
11.4.1 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 11.10).
11.4.2 By mutual acceptance of a lump sum.
11.4.3 On the basis of the cost of the work (determined as provided in paragraphs 11.5
and 11.6), plus a contractor's Fee for overhead and profit (determined as
provided in paragraph 11.7).
11.5 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 11.6:
11.5.1 Payroll costs for employees in the direct employ of CONTRACTOR in the
performance of the work under schedules of job classifications agreed upon by
OWNER and CONTRACTOR. Payroll costs for employees not employed full
time on the work shall be apportioned on the basis of their time spent on the
work. Payroll costs shall include, but not be limited to, salaries and wages, plus
the cost of fringe benefits which shall include social security contributions,
unemployment. excise and payroll taxes, worker's 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, or on
Sunday or legal holidays, shall be included in the above only to the extent
authorized by OWNER.
11.5.2 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
tjWNER. All trade discounts, rcbates and refunds. and all rcturru; from sale of
surplus materials ana cql/ipment shall accrue to OWNER, and CONTR:".CTOR
shall make proVISIOns so that they may be obtained.
11.5.3 Payments mack hy CONTR_-\CTOR to the subcontractors for work performed by
subnllltractors. IfrcqUlred by OWNER, CONTRACTOR shall obtain
competitive hids fromslIhcontmctor" acct:'ptable to CONTR'\CTOR, and shall
deltver such hids to 0WNl:K. who WII! then determine, with tht: advice of
ARCHITFCT. which bids will he :1cccptC'a If a subcontract pr0'. idt:s that the
SUIll.:lllllraUor IS Lo be paid on the basis ofL'ost of the Work .Plus a Fcc, the
suhcontractor's Cost ot the Work shall be detCIl11ined in the same maIUler as
CONTRACTOR'S Cost of the Work All suhcnntracls shall be suhject 10 tht:
uLher prllvisillllS of Lhe contract documents insofar as apphcable.
11.5.4 Supplemental costs including the tollowlng:
I 1.5.4.1
The proportion of necessary transportation, travel. and subsistence
expenses of CONTRACTOR'S employees incurred in discharge of duties
connected with the work.
11.5.4.2
Cost, including transportation and maintenance, of all materials, supplies.
equipment, machines. 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.
11.5.4.3
Rentals of all construction equipment and machinery, and the parts
thereof. whether rented from CONTRACTOR or others in accordance
with rental agreements approved by OWNER with the advice of
ARCHITECT, and the costs of transportation, loading. unloading,
installation, dismantling and removal thereof, all in accordance with
terms of said rental agreements. The rental of any such equipment.
machinery or parts shall cease when the use thereof is no longer
necessary for the work.
11.5.4.4
Sales, use, or similar taxes related to the work, and tor which
CONTRACTOR is liable, imposed by any governmental authority.
11.5.4.5
Deposits lost for causes other than CONTRACTOR'S negligence, royalty
payments. and fees for permits and licenses.
11.5.4.6
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 pwposeofdetermining
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 I 1.7.2.
11.5.4.7
The cost of utilities. fuel, and sanitary facilities at the site.
11.5.4.8
Minor expenses such as telegrams, long distance calls, telephone service
at the site, expressage and similar petty cash items in connection with the
work.
11.5.4.9
Cost of premiums for additional bonds and insurance required because of
changes in the work.
11.6 The term "Cost of the Work" shall not include any of the following:
11.6.1
11.6.2
11.6.3
11.6.4
11.6.5
11.6.6
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, expediters, timekeepers, clerks, and other personnel employed by
CONTRACTOR whether at the site or in his principal or a branch office for
general administration of the work, and not specifically included in the agreed
upon schedule of job classifications referred to in subparagraph 11.5.1. all of
which are to be considered administrative costs covered by the Contractor's Fee.
Expenses of CONTRACTOR'S principal and branch office. other than
CONTRACTOR'S office at the site.
Any part of CONTRACTOR'S capital expenses including interest on
CONTRACTOR'S capital employed for the work, and charges against
CONTRACTOR for delinquent payments.
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).
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.
Other overhead or general expense costs of any kind, and the costs of any item
not specifically and expressly included in paragraph 11.5.
CONTRACTOR'S FEE:
11.7 The Contractor's Fee allowed to CONTRACTOR for overhead and profit shall be
determined as follows:
II .7.1 A mutually acceptable fixed fee; or, if none can be agreed upon,
11.7.2 A fee based on the following percentages of the various portions of the Cost of
the Work:
11.7.2.1 for costs incurred under paragraphs 11.5.1 and 11.5.2. the Contractor's
Fee shall be: as outlined in the "Contract Agreement" a Cost-Plus-Fee,
percentage of the Cost of the Work.,
11.7.2.2 for costs incurred under paragraph 11.5.3, the Contractor's Fee shall be:
as outlined in the "Contract Agreement" a Cost-Plus-Fee, percentage of
the Cost of the Work; and if a subcontract is on the basis of Cost of the
Work Plus a Fee, the maximum allowable to the subcontractor as a fee
for overhead and profit shall be determined in the same manner as
CONTRACTOR'S Cost of the Work
11.7.2.3 No fee shall be payable on the basis of costs itemized under paragraphs
11.5.4 and 11.6.
11.8 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 anyone change, the combined
adjustment to overhead and profit shall be figured on the basis of the net increase or
decrease in allowable costs, if any.
ADJUSTMENT OF UNIT PRICES:
11.9 Whenever the cost of any work is to be determined pursuant to paragraphs 11.5 and 11.6,
CONTRACTOR will submit, in form acceptable to PROJECT MANAGER AND/OR
ARCHITECT, an itemized cost breakdown together with supporting data.
Il.l 0 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
ARCHITECT to adjust the unit price.
CASH ALLOWANCES:
11.11 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 PROJECT MANAGER
AND/OR ARCHITECT. 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
ARCHITECT within ten 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 All time limits stated in the contract documents are of the essence of the agreement. The
provisions of Articles I I and 12 are CONTRACTOR'S sole remedies for delay by any
cause whatsoever, including acts of OWNER.
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 ARCHITECT 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 ARCHITECT. ARCHITECT'S representatives, other representatives of OWNER, testing
agencies, and governmental agencies with jurisdictional interests will have access to the
work at reasonable times for their observation, inspection and testing. CONTRACTOR
shall provide proper and safe conditions for such access.
TESTS AND INSPECTIONS:
13.3 CONTRACTOR shall give PROJECT MANAGER AND/OR ARCHITECT 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 thereot) to specifically be inspected, tested, or
approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in
connection therewith. and furnish PROJECT MANAGER AND/OR ARCHITECT the
required certificates of inspection, testing, or approval. CONTRACTOR shall also be
responsible for and shall pay all costs in connection with any inspection or testing
required in connection with OWNER'S or ARCHITECT'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, tests, and approvals required by the contract documents shall be paid by
OWNER (unless otherwise specified).
13.5 Any inspections, tests, or approvals, other than those required by law, ordinance, rule,
regulation, code, or order of any public body having jurisdiction, shall be performed by
organizations acceptable to OWNER and CONTRACTOR (or by ARCHITECT if so
specified).
13.6 If any work that is to be inspected, tested, or approved is covered without written
concurrence of PROJECT MANAGER AND/OR ARCHITECT, it must, if requested by
PROJECT MANAGER AND/OR ARCHITECT. be uncovered for observation. Such
uncovering shall be at CONTRACTOR'S expense, unless CONTRACTOR has given
PROJECT MANAGER AND/OR ARCHITECT timely notice of CONTRACTOR'S
intention to cover such work and PROJECT MANAGER AND/OR ARCHITECT has not
acted with reasonable promptness in response to such notice.
13.7 Neither observations by PROJECT MANAGER AND/OR ARCHITECT 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 PROJECT MANAGER
AND/OR ARCHITECT, it must. if requested by PROJECT MANAGER AND/OR
ARCHITECT. be uncovered for PROJECT MANAGER AND/OR ARCHITECT'S
observation and replaced at CONTRACTOR'S expense.
13.9 If PROJECT MANAGER AND/OR ARCHITECT considers it necessary or advisable
that covered work be observed by PROJECT MANAGER AND/OR ARCHITECT. or
inspected or tested by others, CONTRACTOR, at PROJECT MANAGER AND/OR
ARCHITECT'S request. shall uncover, expose, or otherwise make available for
observation. inspection. or testing as PROJECT MANAGER AND/OR ARCHITECT
may require, that portion of the work in question, furnish 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. It: 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.
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 DEFECTWE WORK:
13.11 If required by PROJECT MANAGER AND/OR ARCHITECT, CONTRACTOR shall
promptly, without cost to OWNER and as specified by PROJECT MANAGER or
ARCHITECT, 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 non-defective work in a manner acceptable to the PROJECT MANAGER
AND/OR ARCHITECT.
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 other 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 non-defective 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.
ACCEPTANCE OF DEFECTIVE WORK:
13.13 If, instead of requiring correction or removal and replacement of defective work,
OWNER (and, prior to ARCHITECT'S recommendation of final payment, also
ARCHITECT) prefers to accept it, OWNER may do so. In such case, if acceptance
occurs prior to ARCHITECT'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 PROJECT
MANAGER AND/OR ARCHITECT, to proceed to correct defective work, or to remove
and replace rejected work as required by PROJECT MANAGER AND/OR ARCHITECT
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 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 PROJECT MANAGER
AND/OR ARCHITECT, 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.
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 PROJECT MANAGER AND/OR ARCHITECT a progress schedule, a final schedule
of shop drawing submissions, and, where applicable. a schedule of values of the work.
These schedules shall be satisfactory in form and substance to PROJECT MANAGER
AND/OR ARCITECT. The schedule of values shall include quantities and unit prices
aggregating the contract price, and 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 PROJECT MANAGER AND/OR ARCHITECT.
it shall be incorporated into a form of application for payment acceptable to PROJECT
MANAGER AND/OR ARCHITECT. .
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 PROJECT MANAGER AND/OR
ARCHITECT for review an application for payment filled out and signed by
CONTRACTOR covering the work completed as of the date of the application, and
accompanied by such supporting documentation as is required by the contract documents,
and also as PROJECT MANAGER AND/OR ARCHITECT 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.
CONTRACTOR'S WARRANTY OF TITLE:
14.3 CONTRACTOR warrants and guarantees that title to all work, materials, and equipment
covered by any application for payment, whether incorporated in the project or not, will
pass to OWNER 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 PROJECT MANAGER AND/OR ARCHITECT will, within ten days after receipt of
each application for payment, either indicate in writing a recommendation of payment
and present the application to OWNER, or return the application to CONTRACTOR
indicating in writing PROJECT MANAGER AND/OR ARCHITECT'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 PROJECT MANAGER AND/OR
ARCHITECT'S recommendation, pay CONTRACTOR the amount recommended.
14.5 ARCHITECT'S recommendation of any payment requested in an application for payment
will constitute a representation by ARCHITECT to OWNER that, based on
ARCHITECT'S on-site observations of the work in progress as an experienced and
qualified design professional, and on ARCHITECT'S review of the application for
payment, and the accompanying data and schedules, the work has progressed to the point
indicated; that, to the best of ARCHITECT'S knowledge, information, and belief, the
quality of the work is in accordance with the contract documents (subject to an evaluation
of the work as a functioning project upon substantial completion, and 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 recommended any such payment, ARCHITECT will not
thereby be deemed to have represented that exhaustive or continuous on-site inspections
have been made to check the quality or the quantity of 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 monies 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.
14.6 ARCHITECT'S recommendation of final payment will constitute an additional
representation by ARCHITECT to OWNER that the conditions precedent to
CONTRACTOR'S being entitled to final payment as set forth in paragraph 14.13 have
been fulfilled.
14.7 ARCHITECT may refuse to recommend the whole, or any part of any payment if, in 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 ARCHITECT'S opinion
to protect OWNER from loss because:
14.7.1 The work is defective, or completed work has been damaged requiring correction
or replacement,
14.7.2 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 ARCHITECT, certify that the entire
work is substantially complete, and issue a certificate of substantial completion. Within a
reasonable time thereafter, OWNER, CONTRACTOR, and ARCHITECT shall make an
inspection of the work to determine the status of completion. If ARCHITECT does not
consider the work substantially complete, ARCHITECT will notify CONTRACTOR in
writing giving his reasons therefore. If ARCHITECT considers the work substantially
complete, CONTRACTOR 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. OWNER shall have seven days after receipt of the tentative certificate
during which he may make written objection to CONTRACTOR as to any provisions of
the certificate or attached list. If, after considering such objections, ARCHITECT
concludes that the work is not substantially complete, ARCHITECT will, within fourteen
days after submission of the tentative certificate to OWNER, notify CONTRACTOR in
writing stating his reasons therefore. If, after consideration of OWNER'S objections,
ARCHITECT considers the work substantially complete, CONTRACTOR will, within
said fourteen days, execute and deliver to OWNER 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, ARCHITECT will deliver to OWNER and CONTRACTOR a
written recommendation as to division of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security, operation, safety, maintenance,
heat, utilities, and insurance. Unless OWNER and CONTRACTOR agree otherwise in
writing and so inform ARCHITECT prior to his issuing the definitive certificate of
substantial completion, ARCHITECTS aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
14.9 OWNER shall have the right to exclude CONTRACTOR from the work after the date of
substantial completion, but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
PARTIAL UTILIZATION:
14.10 Use by OWNER of completed portions of the work may be accomplished prior to
substantial completion of all the work subject to the following:
14.10.1
14.10.2
14.10.3
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 ARCHITECT that said part of the
work is substantially complete, and request CONTRACTOR to issue a certificate
of substantial completion for that part of the work. Within a reasonable time
thereafter, OWNER, CONTRACTOR, and ARCHITECT shall make an
inspection of that part of the work to determine its status of completion. If
ARCHITECT considers that part of the work to be substantially complete,
CONTRACTOR will execute, and deliver to OWNER 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 fmal payment.
Prior to issuing a certificate of substantial completion as to part of the work,
ARCHITECT 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. 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.
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.
No occupancy of part of the work, or taking over of operations of a facility will
be accomplished before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any changes in coverage
necessitated thereby. The insurers providing the property insurance shall consent
by endorsement on the policy or policies, but the property insurance shall not be
cancelled or permitted to lapse on account of any such partial use or occupancy.
FINAL INSPECTION:
14.1 I Upon written notice from CONTRACTOR that the work is complete, ARCHITECT will
make a final inspection with OWNER and CONTRACTOR, and will notify CONTRA<"'"'TOR
in writing of all particulars in which this inspection reveals that the work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy
such deficiencies.
FINAL APPLICATION FOR PAYMENT:
14.12 After CONTRACTOR has completed all such corrections to the satisfaction of
ARCHITECT. 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 ARCHITECT has
indicated that the work is acceptable (subject to the provisions of paragraph 14.14),
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
PROJECT MANAGER AND/OR ARCHITECT 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.
FINAL PAYMENT AND ACCEPTANCE:
14.13 If, on the basis of PROJECT MANAGER'S AND/OR ARCHITECT observation of the
work during construction and final inspection, and PROJECT MANAGER'S AND/OR
ARCHITECT review of the final application for payment and accompanying
documentation, all as required by contract documents, PROJECT MANAGER AND/OR
ARCHITECT is satisfied that the work has been completed and CONTRACTOR has
fulfilled all of his obligations under the contract documents, ARCHITECT 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, ARCHITECT will give written notice to OWNER and CONTRACTOR that
the work is acceptable subject to the provisions of paragraph 14.15. Otherwise, .
PROJECT MANAGER AND/OR ARCHITECT 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 PROJECT MANAGER
AND/OR ARCHITECT.
CONTRACTOR'S CONTINUING OBUGA TION:
14.14 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 PROJECT MANAGER AND/OR ARCHITECT. 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 ofa notice of acceptability by ARCHITECT 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.
WANER OF CLAIMS:
14.15 The making and acceptance of final payment shall constitute:
14.15.1
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
14.15.2
A waiver of all claims by CONTRACTOR against OWNER other than those
previously made in writing and still unsettled.
ARTICLE IS - SUSPENSION OF WORK AND TERMINATION
OWNER MAY SUSPEND WORK:
15.1 OWNER may, at any time and without cause, suspend the work., or any portion thereof,
for a period of not more than ninety days, by notice in writing to CONTRACTOR and
ARCHITECT which shall fix the date on which work shall be resumed. CONTRACTOR
shall resume the work on the date so fixed. CONTRACTOR may, at the OWNER'S sole
discretion, 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 therefore as
provided in Articles 11 and 12.
15.2 Upon the occurrence of anyone 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 or 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.
15.2.5
if CONTRACTOR repeatedly fails to supply sufficient skiUed 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 PROJECT MANAGER or
ARCHITECT. or
15.2.9
if CONTRACTOR otherwise violates. in any substantial way. any provisions of
the contract documents.
OWNER may, after giving CONTRACTOR and 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
ARCHITECT 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 monies due CONTRACTOR by
OWNER will not release CONTRACTOR from liability.
15.4 Upon seven days written notice to CONTRACTOR and ARCHITECT. 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 aU
work executed and expenses sustained through the date of termination.
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
OWNER 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 written notice to
OWNER and ARCHITECT, terminate the agreement and recover from OWNER
payment for all work executed through the date of termination.
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 OF TIME:
16.2 When any period of time is referred to in the contract documents by days, it shall be
calendar days and 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.
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 ARCHITECT there-under, 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 fmal payment and termination or
completion of this agreement.
INDEX TO GENERAL CONDITIONS
ARTICLE OR
PARAGRAPH
Access to the work .......... .......... ........ ......................................... ........... ..... ........... ................. .................. 13.2
Addenda, definition of (see Specifications). ...... ... ...... ... ........ ......... ......... ........ ... ........ ....... .... '" ........... ...... ... 1
Agreement, definition of........... ............ ....... ...... .............. .......................... ......... ........ ........ ..... ............. ... ..... I
Application for Payment. definition of .................. ......... ..... ..... .... ......... ......... ......... ... ............ ..... ... .............. I
Application for Payment, Final.............................................................................................................. 14.12
Application for Progress Payment ..... ...... ............ ............ ........ ........ ............ ...... .......... ....... ............ ......... 14.2
Application for Progress Payment, review of..................................................................................14.4-14.7
Architect's Notice Work is acceptable ..................................................................................................... 14.4
Architect's Responsibilities, Limitations on.....................................................................................9.10-9.13
Architect's Status During Construction, in General....................................... ..............................................9
Architect's Recommendation of Payment .................................................................................. 14.4 & 14.13
Availability of Lands .... ....... ............. ........ .......... .......... ......... ................. ........... ................... ..... .... ............ 4.1
Award, Notice of. defined................................................................................. ............................................ 1
Before Starting Construction ....... ..... ................. ......... ...... ...... ........ ........... ............ ......... ........ ..... ........ 2.5-2.7
Bid, definition of.............................................................................................................................. .... ......... I
Bonds and Insurance, in General.......... ........ ...... ...... ............................ .... ........... ........... ...... .............. .......... 5
Bonds, definition of ................... ... ..... ... ............. ... .......... .... ....... ...... ...... ........ ...... ................. ........ ... ............. I
Bonds, del ivery of............ ....... ...... ................. .............. ......... ............ ........... .... ........ ........ ...... ...........2.1 & 5.1
Bonds, Performance and Other ........................................................................................................5.1 & 5.2
Cash Allowances... .............. ................ ............ ..... ......... .................... .... ..... ............................ ... ............. 11.11
Change Order, definition of ...... ................... .............................................. ...... ............. ............... ................. 1
Changes in the Work. ....... ............. ........................ ............................ .................. ...... ..... ................... .......... 10
Claims. Waiver of - on Final Payment .................................................................................................. 14.15
Clarifications and Interpretations.... '" .............................................. ............ .............................................. 9.3
Cleaning................ ............................. .............................. ............. .................... ..................... .................. 6.18
Completion............. ..................................................................................................................................... 14
Completion, Substantial............. .................... ..... ............................. ...... ........ ......... ..................... 14.8 & 14.9
Conference, Pre-Construction................................ .............................................. ...................................... 2.8
Construction Machinery, Equipment, Etc. ........ ......... ................. ... .............. .................... ....... .......... ..... .... 6.5
Continuing Work............................................................................................................................. ........ 6.30
Contract Documents, definition of.... ... ............ ............................ .... .......... ..... ......... ... ................. ........... ...... I
Contract Documents. Intent and Reuse................. .................... ................ ........ ............. ......... ........ .............. 3
Contract Documents, Reuse of.. ........ ............ ............................... ... ........... ....................... ................. ........ 3.5
Contract Price, Change of......... ........................................ ............................................ .......... ......... ..... ...... II
Contract Price. definition of......... ....... .......... ...... ......... ... ......... ....... ..... ...... ........ ............. ........ .... ....... ........... 1
Contract Time, Change of.... ....... ........... ...... ....... .... ..... ..... ........ ....... ........... .......... ...... ... ......... ...... ...... ........ 12
Contract Time, Commencement of............... ........................... ......... ....... ..................... ............... ... ..... ...... 2.3
Contract Time, definition of ...... ... ...... ................ ... ............. ..... ......... ........ .................................. .................. I
Contractor, definition of..... ........ ...... ... ......... ........... ....... ..... ........ ...... ......... ........ .................... .... .... ........ '" .... I
Contractor May Stop Work or Terminate ................................................................................................ 15.5
Contractor's Continuing Obligation....... ............... .............. .......... ............. ........ ..... ....... .............. .......... 14.14
Contractor's Duty to Report Discrepancy in Documents ................................................................ 2.5 & 3.2
Contractor's Fee, Costs Plus .................................................................................................................... 11.7
Contractor's Liability Insurance ..... ............... ... ..... .... .... ...... ........ .... ............ .......... ........ .... .............. ..... ..... 5.3
Contractor's Responsibilities, in General.......... ...... ..... ............ ................ ..... ........... ........ .... ....... ....... .......... 6
Contractor's Warranty of Title.. ........ .... .... ... ...... ... .... ........................ ......... ............ ....... ........... ................ 14.3
Copies of Documents' ...... ........... ........ ........ ................... ....................... .............. ....... ...... ...... ........ .... ........ 2.2
Correction or Removal of Defective Work............................................................................................ 13.11
Correction Period, Two Year ..................................................................... ............................................ 13.12
Correction, Removal or Acceptance of Defective Work, in General...........................................13.11-13.14
Cost of Work................................................................................................................................ 11.5 & 11.6
Costs, Supplemental.............................................................................................................................. 11.5.4
Day, definition of... .... ..... ......................... ........... .......... ........ ....... ..... ........... ....... ......... ........... .............. ... ..... I
Defective Work, Acceptance of................................................................................... .......................... 13.13
Defective Work. Correction or Removal of........................................................................................... 13.11
Defective. definition of ...... ......... ..... ... ... ........ ...... ................. ........ ......... ............ .......... .......... ..... ........ .......... 1
Defective Work, in General. ........ .... .......... ................ '" ..... .......................... ...... ............. ............ .... ............ 13
Defective Work, Rejection................ ........ ..... ............ ...... ...... ..... ... .... ......... ....... ... ..... ....... ....... ...... ...... ...... 9.4
Definitions.......................................................................................................................... ........................... 1
Delivery of Bonds ................ .......... ... ...................... ........................ ................ ... ...... .... ..... ..... ..... ....... ........ 2.1
Disagreements, Decisi~ns by Engineer ..................... .... ... ... ......... .............. ......... ...... ...... ....... ................. '" 9.9
Documents. Copies of................. ............................................................................................................... 2.2
Documents. Record.................................................................................................................... .............. 6.20
Documents Reuse.......................... ............................................................................................................. 3.5
Drawings, definition of..... ........ .............. ...... ............ .................. .... ................................. ........ ..................... 1
Effective Date of Agreement. definition of .................................................................................................. I
Emergencies............................................... .............................................................................. ........... ..... 6.23
Equipment, Labor, and Materials............................................................................................ .............6.3-6.6
Equivalent Materials and Equipment ........ ... ....... ................................ ............ .............. .... ......................... 6.7
Fee, Contractors, Costs Plus ....... ...... ....................... .... .............. ....... .... .............. ......................... ............ 11.7
Field Order. definition of .... ....... ........................... ......... ........... ........ ............ ..... ............................. .............. 1
Field Order, Issued by Engineer .. ............................ .......... .......... ...... ........ ..... .... .... ................................. 10.2
Final Application for Payment ........ ...... ................... ... ...... ......... ........... ..... ............ ................................ 14.12
Final Inspection. .. .............. .............. ....... ....... ...... .................... ................. .............. ...... .............. ............ 14.11
Final Payment, Recommendation of........................................................................................14.12 & 14.13
Final Payment, Acceptance.. ...... ............ ........ .......... .... ....... .......... ..... ..... ........ ........ ........ ....... ................ 14.13
General Requirements, defmition of.................... ... .... .... ... ............................ ...... .... ................ ...... ........... .... 1
General Provisions ....................................................................................................................... 16.3 & 16.4
Giving Notice.... ............. ............. ... ... ........... ... ........... ............ ....... ........... ........ ... ....... ...... ... .............. ... .... 16.1
Guarantee of Work, by Contractor........................................................................................................... 13.1
Indenmification ......... ........ ........ .... ................................... ........ ............. ........ ...... .... .... ...... ... ............6.31-6.33
Inspection, Final....... ...... ....................................... ... ......... .......... ....... ... .............. ........................... ..... ... 14.11
Inspection, Tests and......... ............................................................................................................... 13.3-13.7
Insurance, Bonds and, in General................................................................................................................. 5
Insurance, Builders Risk ......... ....... ........... ..... ...... ..... .... ......... .............. .... ............... ........... ............. ..... ...... 5.6
Insurance, Certificates of ................. ............ .................................................................................... 2.7 & 5.7
Insurance. Contractor's Liability. ... .................. ........ '" ......... ....... ..... .............. ........... ....... .... ..... ..... ..... ...... 5.3
Insurance, Owner's Liability... ........... ... ...... ........ ......... ........ ......... .............. .... ............. ...... ........... ...... ...... 5.8
Intent of Contract Documents ..................................................................................................3.1-3.4 & 9.11
Interpretations and Clarifications............................................... .......... ...... ...... ........... ................. ........ ...... 9.3
Investigations of Physical Conditions ............... ........... ......... ..... ................ ......... ............... ............. ...... ..... 4.2
Labor, Materials and Equipment......... ........ ........... ......... ... ........... .............. ...... ................ .... .... ....... .... 6.3-6.7
Laws and Regulations.. .................... ...... .............. ... ...... ........... ................. ........... ... ........... .... .................. 6.15
Liability Insurance, Contractor's ........ ........ ............... ................. ............... ....... ......... .... '" .... ......... ......: ..... 5.3
Liability Insurance. Owner's ...... ..... ..... ....... ...... ................ '" .., ........... ........ ........ .... ... ...... ... ........ ......... ...... 5.8
Limitations on Engineer's Responsibilities .................. ...........................................................................9.10
Materials and Equipment, Furnished by Contractor .................................................................................. 6.3
Materials or Equipment. Equivalent .......... .... .......... ...... .... ..... ............. ... ... ........ ..... .... ........... ............ ........ 6.8
Miscellaneous Provisions.......................................................................................................................... .. 16
Modifications, definition of .................. ....... ........ ......... ............................. .......... .... .... .... .... ...... ........ ...... ..... 1
Notice. Giving of ... .............. ....... .... ............ ... ............ ... ................... ........... .... ... ..... ........ ........... .............. 16.1
Notice of Award, definition of........... ..... ....... ... ... ...... ..... ... ....... ........... ..... ... .... ......... .... ........... ........... ..... ..... 1
Notice of Acceptability of Project ......................................................................................................... 14.13
Notice to Proceed, definition of .................. .... ........... ........... ...... .............. ................. ....... .... ......... ........ ....... I
Notice to Proceed, Giving of............ .............. ............... ...... ........... ....... ..... ............. ...... ........... ........... ....... 2.3
"Or-Equal" Items ............. .... ........ ........ ......... ........ ........... ............ ......... ......... ....... .... ..... ............. ......... ...... 6.8
Other Contractors............ .................................. ....................... ..................................................................... 7
Overtime Work, Prohibition of ............... ...... ......... ..... ... .............. ...... ............................................ ............ 6.3
Owner. definition of...................................................................................................................................... 1
Owner May Correct Defective Work... ...... .................. .............. ................. ........ ...... .... ......... ....... ......... 13.14
Owner May Stop Work ........ .............. ...... ............. ........................ ..................... ..... ........ .......... ............. 13.10
Owner May Suspend Work, Terminate ........................................................................................... 15.1-15.4
Owner's Duty to Execute Change Orders.............................................................................................. 11.10
Owner's Liability Insurance ...................................................................................................................... 5.8
Owner's Representative, Engineer to Serve as .......................................................................................... 9.1
Owner's Responsibilities, in Genera!.............. ... '" ........ ...... ................. ....... ....... ...... ........ ...... ... ...... ..... ......... 8
Owner's Separate Representatives at Site............. ........ ...... ........... ........ ........... ....... .... ................... ..... ...... 9.8
Partial Utilization ...................... ........ ........... ..................... ...... ........ ...... ........ .................. ....................... 14.10
Partial Utilization, Property Insurance.... ............... ....... .......... .............. ......................... ..................... 14.10.3
Patent Fees and Royalties ............. ..... ..... ............ ........................................ ........ ......... .......... .... .......... .... 6.13
Payments to Contractor, in General...... ... ..... ............ ........... ...... ................. ..................................... ........... 14
Payment. Recommendation of......................... ............................. ... ......... ..... ........ ....................... 14.4-14.7.6
Perfoffilance and Other Bonds .................... ......... ........... ....... ..... .............. ............. ........................ ......5.1-5.2
Permits. ............. .............. .............. ......... ..... .......... ........ ......... .......... ............ ...... ............................ ... '" .... 6.14
Physical Conditions, Investigations and Reports ............ ......................................... .... .... ......... ................. 4.2
Physical Conditions, Unforeseen............................................................................................................... 4.3
Pre-Construction Conference.............. ....................................................................................................... 2.8
Preliminary Matters... ....... ... ..... ........ ...... ......... .............. ...... ..... ... ......... ........... .................... ..... ......... ...... ..... 2
Premises, Uses of........ ...... ............................ ...... ..... ...... ............. .......... .... .......... ........... ........... ....... 6.17-6.19
Price, Change of Contract. ..................... ..... ........... ..... .... .............. ..... ............ ................... ............ ..... ......... II
Price, Contract. definition of... ...... ........... ................. ...... ... .............. ............ ........ ......... .............. ....... ....... .... 1
Progress Payment, Applications for... ......... ......... .... ............. ....... ......... ... ...... ...... .............. ......... ............. 14.2
Progress Schedule ............................................. .............................................................................2.6 & 14.1
Project, definition of ....... ........................ ..... ........ ...... ... ............... ..... ........... '" .... .... ... ...... ......... ... ................. I
Project Representative, Resident, definition of. ......... ... ..... ..... ....... ...... ...... ........... ........... ...... ....................... I
Project Representation. Provision for ....... ............ ........ .......... ..... ........ ....... ...... .... ..................................... 9.8
Project, Starting....................................... .............................................................................. ..................... 2.4
Protection, Safety and ....... ..... ........... .... ....... ............... ....... .............. .......... ....... ..... .................... ......6.21-6.22
Recommendation of Payment .................................................................................................... 14.4 & 14.13
Record Documents. ... ........ ...... ......... ........ ...... ..... ........ ......... ...... ...... ........... ... ... .............. ... ....... ........ .......6.20
Reference Points .................. ...... ... .,. ................. ............ ............ .... ........ ............... ........... ......... .............. .... 4.4
Regulations, Laws and .... ...... ................ ....... ...... ...... .......... ........... ..... .... ....... .... ... ...... ............... ........ ....... 6.15
Rejecting Defective Work.. ..................... ....... ...................... ....... ....... ....... ............. ....... ....... ...... ......... ... .... 9.4
Removal or Correction of Defective Work..................................................... ....................................... 13.11
Resident Project Representative. definition of...... ........ ...... .................. ........... ...................... ........... ....... ..... 1
Resident Project Representative, Provision for.. ............ .............. ... ........ ........... ........ ...... ... ....... ... ............. 9.8
Responsibilities, Contractor' s ..................................................... .................................................................. 6
Responsibilities, Owner's............................................................................................................................ . 8
Reuse of Documents ... ........ ......... ....... ..... ............. .................... ......... ........... ........ ........... ........... .... ... ........ 3.5
Royalties, Patent Fees and .......................................................................................................................6.13
Safety and Protection .............. .............. ......... .............. ......... ................ .... ........ ..... ......... ...... ........... 6.21-6.22
Samples.............................................................................................................................. ...................... 6.24
Schedules of Shop Drawing Submissions......................................................................................2.6 & 14.1
Schedule of Values ............ ........ ............ ............................. ........ .............. ......... ...... ..... ................. 2.6 & 14.1
Shop Drawings and Samples ........... ............... ............. .... ... .............. ........ ... ..... ............... ................6.24-6.29
Shop Drawings, definition of............ .......... .... ....... ........... ..... ............................ ...... ........... ........... ...... ... ...... 1
Site, Visits to by Engineer ............. ......... ........ ....... ...... ..... ..... ...... ................. ............ ........... .............. ........ 9.2
Specifications. definition of............................................................................... ........................................... I
Starting Construction, Before ...... .................... ........... ...... ................ ... .......... ...................... ................2.5-2.8
Starting the Project.................................................. ................................................................................... 2.4
Stopping Work, by Contractor ..... ......... ......... ........................... ............ ................ .......... .............. ........... 15.5
Stopping Work, by Owner ......... ........................ ......... .... ............. ................................... .............. ......... 13.10
Subcontractor, detinition of. ..................................................... ................................. .................... ............... I
Subcontractors, in General........ ..... ........ ... ..... ...... .............. ... ......... ............ ............. ... ...... .......... ... .....6.9-6.12
Substantial Completion, Certification of .............................. ......... .... ............... ...... .................... ............. 14.8
Substantial Completion, definition of................ ............. ........................................................ ...................... I
Subsurface Conditions .. .............. ... ......... ........... .................... ........ ...... ...... ........... ....... .... ................4.2 & 4.3
Supplemental Costs............................ ........................................................................ ...... ...... ............... I 1.5.4
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 ..... ....... .................... .............. .............. ............... ................. .................. '" 6.16
Termination, by Contractor. .............. ..... ............... .... ....... ............... ........ ......... .......... ............. ............. .... 15.5
Termination, by Owner .................................................................................................................... 15.1-15.4
Termination, Suspension of Work and, in GeneraJ.....................................................................................15
Tests and Inspections ....................................................................................................................... 13.3-13.7
Time, Change of Contract..... ......... .......... ............ ........... ........ .... .......... .............................. ....... ... .............. 12
Time, Computation of......... ... ..... .......... ........ ............ ..... ........ ....... ...... ........ ............. .... ............ ........ ........ 16.2
Time. Contract. definition of. ... ..... ................. ...... .... ........ ..... ...... ........... .... ....... ................. ....... .......... .......... I
Uncovering Work... ....... ........................ ....... ... .... ................. ......... ........... ..... ..... ..... ..... ................ 13.8 & 13.9
Unit Prices.. ...... ...... .......... ................ ... ......... ...... ... ................. ...... ............. ........... ...... ...... .............. ....... 11.4.1
Unit Prices, Adjustment of..................................................................................................................... 11.10
Use of Premises................... ..........................................................................................._.................6.17-6.19
Values, Schedule of ....... ................... .... .................. ..... ............. ................ .... .... ........ ............. ... ...... ... ...... 14.1
V isits 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............................................................................................................................... 11.5 & 11.6
Work Continuing During Disputes .......... .......... .......... ....... ..... ........... ....... ........ ........ ...... _....... ........... ..... 6.30
Work. definition of............................................................................................ _........................................... 1
Work, Neglected by Contractor ........ ... ............... ..... ............ ........................ ..... ... '" ... ... ...... ........... .......... 13.4
Work, Stopping by Contractor ........... ......... ....... ..... ............... ...... ..... ........ ... ......... ........... ...... .............. .... 15.5
Work., Stopping by Owner ............................................................................................................... 15.1-15.4
Aug lH 00 al:~
p.2
BID FORM
PROJECT IDENTIFICATION: Division of Wildlife Residence Renovation., Basalt CO.
TIllS BID IS SUBMlTIED TO:
Board of County Commissioners
Eagle County
500 Broadway
Eagle, Colorado 81631
Attn: Rick Ullom, Construction Manager
Eagle County Project Management Department
590 Broadway
P.O. Box 850
Eagle. CO 81631
I. 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 aJ1 work as specified or indicated in the Contract Docwnents for the
contract price and within the contract time indicated in this bid and in accordance
wi1h the CoD1lllCt Documents.
2. BIDDER accepts aIL of the terms and conditions of the lns1ructions to Bidders.
This bid will remain open for thirty (30) days after the day of bid opening.
BIDDER wiD sign the Agreement and submit the contract .security and other
documents required by tbe Contract Documents within fifteen (15) days after the
date of OWNER'S Notice of Award.
3. In submitting this bid, BIDDER represents, as more fully set forlb in the
Agreement, that:
(a) BIDDER has examined copies of aU the Contract Documents and of the
following addenda:
Date
Number
ALl-
(Receipt of all of which is hereby acknowledged) and also copies of the
Advertisement or Invitation to Bid aod the Instmctioos to Bidders;
(b) BIDDER has examined the site and locality where the work is to be
perfonned, the legal requirements (fcderal, state, and local laws, ordinances,
rules, and regulations), and the conditions affecting cost, progress, or
Aug H:I 00 U~:4;jp
p.3
performaoce of the WOJk, 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, an)'
undisclosed person, rum, or corporation, and is not submitted in conformitJ
y.ith any agreement or rules of any group, association, organization, or
corpoJ8tion; BIDDER has not, cIirectly or indirectly, induced nor solicited
any other bidder to submit a false or sham. bid; BIDDER bas oot solicited nor
induced any person, ~ or corponltion to refrain from bidding; and
BIDDER has oot sought by collusion to obtain for himself any advantage over
any other bidder or over OWNER.
4. The funds appropriated for this project are $100,000.00. A Cost-plus-Fee
Contract will be initiated where the OWNER shall pay CONTRACTOR for the
direct Cost of the Worlt, including the cost of subcontracts, labor and materials
and subject to any limitations provided elsewhere in the Contract Documents.
CONfRACTOR proposes that the OWNER shall pay CONTRACTOR a Fee in
current funds as folJo\\o"s:
Fee equal to Te N LlQ%) of the Cost of the Work. This Fee sball
compensate Contractor in fu)l for all home office, generaL administnltive,
overhead expense and profit. The Fee shall be calculated monthly and be
included in each Application for Payment.
List by Title and Hourly Rate all employees the Contractor proposes to utilize for
self performed walk. Overhead may be included in this Hourly Rate. Profit shall
not be included in this Hourly Rate. Owner sbaJl have the right to JeCeive any
and all bacIc up information from Contractor to veri~ Profit is not included in this
Hourly Rate.
TItle - Description
G.eN, LA.Ro~
.5K\ l-\...E[> ~A-t:> E:.
~LJ:C..T. .:rl'\U~ NFflM.4N
L l..4. ""'- BP. Q. - :\;~U III I'C. "4{rMJ.r-J
S rTe Sl..l.P~ I MNo/t..
D~ 'f Lp.. Qo n.:
Hourly Rate
$ ~ a. G3"C>
$ 5.~, eo
$ Ft:::;. C()
$ 8'5./110
$ lD en .QlO
.::l..c=t,oo
BIDDER NOTES AND OR CLARlFICA nONS TO BID:
SEE ..A-7TA-LHED RlrrE 5Hb~T
Attach additional notes and clarifications to this fonn if more space is needed.
Aug lt1 UtI U'L:44p p.4
5. BIDDER proposes and agrees that work will be substantially completed within
calendar days of start date, OR on or before October 31, 2008. and
completed by November 14, 2008.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the
event of failure to ~plete the work on time.
6. The following docwnents are attached to and made a condition of this bid:
(a) Instructions to bidders
7. Communication concerning this bid shalJ be addressed to the address of BIDDER
indicated. below:
c::cJS 7 CA~~ (x ALL A-1'( f::"
G L.EK~CX>I) SF - CO )?;I b 6(
8. 1be 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 ConditioDS.
SUBMIITED ON Ju.G :5
, 2008.
If BIDDER is:
An Individual
By:
(Individual's Name)
Doing business as:
Business address:
Phone Number:
A Partnershi>>
Aug 1tS UtS O~:44p
p.5
By:
(Finn Name)
General Partner.
Business address:
Phone Number:
-.-. /----
Qe~~)
(Corporation Name) 5 c: rt 1\ E. ( K E ~ t .A 5 S oe.. L - L. e.. .
(State of Incorporation) C 0 L. €:) ~A Dc;:)
By:
(person Authorized to Sign)
c4
. Se'H~E l N E v<..
(Title) lJJ..f\..~~6E-Q.
(CORPORA IE SEAL)
Attest:
Business address: 00 5 7 e A-A,.C> ( l\1 A L l.A-N E:.
6l-ENWOC'C 5p. r2:) 2'1(00)
Phone Nwnber:
Q70- q45-~'4 &-"
Itil'Il1iUJI I ,
::I i ~ ~ s ((to '00 'l1YSY8 'OWOY )BiY:) ISNOl ;;
30 0. d..!..!l~:"..1i I
III os i ~: c .1V^ON3Y 3:lN301S3Y 3:ft1011M :10 NOISI^IO ooVY010:> ~
.. I it I fl HI' I! . IB I i rl
<ll J. 1 a. t t I I!." I! 11 s fJ E I II i ; J
lit 11 fll I! ill if I III ~ I IIi' Jf J~f
i;llliJ !,'III I Ilf ill If.1 1!~lljl~1 111;ill
~J" '~kt jifhf~lj 'i, 'J! II2'HJ'JlfJlI Ull,su
ifJjJIJ " illi i lIt. i1t1 fJli~J JiJ!lf JilflfJi
Uw~ N~ ~- N M -- ~_ N ~_ ~ ~ ~ W_N ~ ~
'---------,
I I
I
I
I
I
1M
U
~ ~w
1M ~
Vl
Q: "'~
1M 561
!;( n
,.,
-' u;:;:
-' ~~
~
(]
......
_ -.."'--c.-_._..._. .._...
~
I
(:,
..,
u
o
-'
1M
V
~
IX
~
IE
l-
V
...
-'
...
w
u
S&
d
~i!:
~~
J
or-
.
C\J
<
./:-,91
z
~
Cl..
II:
o .t
o to
...J o' rn
u.. It)
rn~
i:d. ;1; Q
> pl"-<
w"'" Q W
...J.Q~~
1I:~a:
,....<0
W .. a: W
3:~8~
O~...I~
...J rn LI.. LI..
.Ii(II-,9
.
'"
I
;....
f ~~
/ "'~
~fiI
~i
t;~
. ""
o .
I ~".
(:, .
. \
~
....
t-l
.....
I
q ~
I
I io
I
I
I
9 ~
I
Cn
I .... .
v....
~~
I ...
It:O
~~
I ...z
~~
I . ::1-'
.... ...0
I a::u
I ;r,
r.
.:.6,. ,
"_..J
~ ~
~... -
rn I
o .
"'w on
",:I: _
z!!l
iiI~
<t
")..:-
'. ,; 1
><t
.~I-,SZ
~~Ii I~I II ,
is aid ~ u( .00 '.1 1YSYI 'ayOH )f::I3H:J H3NO.1 ;
E ~ o:! ~ r t ~ HOllY A0N3H 3:JN301S31:1 3:Jn01IM :10 NOISWO OOYI:IOlO:J
~ I If I . f~ Iff I J c' II I f ,I
~IJfi III II i !I ]j"j i'j f j II:i Iii I II
"f ~ili Ilil ~I I i~i ~I fA! I ~~JI I ~~l~
~il:Jlf fflllf J i!1 ill !lfti,J!!I~1 "tti!;l
II!'!!; I!flj~il! I~ii ~~i~ f!ffi!l!i!ilf J~!I~f!i
.Z-.91
N ~ifh
~d!11
~llft
D
'.,,'
II
II
II
II
I
I jf.1ihU II
II
II
~ II
~ If '!l'l' .
=I
<II 1/1 II If illf!
~
I
en
...,
g~
!lI~
Od
a:: <II
~~
~ ~ '.'
0=1 '"
a:: <II
~If
c....
~~ ~ Y..
J
.91:1H lIS
.5'.>1::01:1
3(1-.c;z
3(11-,9
. ..
-;?~~I'''''''
.91 :1H liS
..!I!J,'.tt:Oll
.. ..
~ .~,
~,\ ~
~~
-~~~
\-
T'N ~.\ ~
.,~
] -.
:N<t' ~ ~
.-4":'; III
-~. ~ ~
.' 'l<t
L
'::--:'\3~
3 -III
\.-.
~
~
l
!
I
o
~~
i~~
ill ~lf
.fr
~r...
-
~ ""y-
~,
'Y
I
.9. :1H'IS
.9IIi.>I::OII
j
.0-,<;
C\I
C\I
<(
.
.. .
z
:s
a.. Ii
a: d
o en
o t'I
-' a;
lLbn
-' .' <
w -w
>na:
w~<
-'?~
zw-
_-Ie
<(<::!
:E~~
..
...
..
d
z
::i
C
0:
"
U
'"
o
~
'"
z
'"
o
>
o
a::
Q.
1
!ill II>~ II ,
ih i ~ ~n~ 'OO'l1YSY8'aVOII)133H~IBNOl ~
~ 0.. ~~~: NOUY^ONiH i~NialSiH z.n01IM::tO NOlSWa oaw01OO ~
~ ~ I ! I . Ii III I I f I) 13 f d
)alll I' ill h t itl Iii hP J 1Iu lit u
~!ill..:~111 III If 0 I III III II. J~!_.!IJjll. 111;111
~liGiJ~l~t I IlifsJ- JI~I IJ; Il,J1i!I'iJ !~1118:
:jl~j~I!~1 i!l!i:f ! I~tl ~!I~ f!flf~J:I~!li J~~t:t~1
3(L-.SZ
,-----------,
I I
I ~ I
I ~ I
I ~~ I
I ~ ~~ ~:lH~ I
~ .99t.tt:O'l:l
.
~
I
ill
@, ,.Ji~' c4.
Z,
iii
15~
~; ~~
...
;;j~
~3i
I
~
0J ~
.1). ~
r,,:; 0
~ >Ir , IE ~
-.I
I ~~ - I
(:) ~ <110 ~'" ~llliD
.., ~'"
..:J:
0...
a:rn
~
~
I
ill
t&i
~ I
o
~I~
~~
J !
.~-,"
~:lH~
t::-!
.Ol-.Z
.!(11-.9
1 ~
.~-,..
.!(II-,9
.,
N
I
--,
I
I
I
I
I
I
o I
I
I
I
o I
I
I
I
I
I
I
I
I
_-.I
*
I
(W)
.
C\I
<(
z
~
a..
ex:
8 t:
it g
-1_~
W91tl
>;... 0
Wo<
-1-W
ex::!a:
.-<
W ..
a..~8
a.. ~ ...J
;:)cnu.
ARTICLE 4 - CONTRACT PRICE
4. I County shall pay Contractor for the direct Cost of the Work, which shall be
defined as the costs necessarily incurred in the proper performance of the Work,
including the Labor Costs, Subcontractor Costs, Cost of Materials and Equipment
Incorporated in the Completed Construction, and Cost of Other Materials, Temporary
Facilities and Related Items (subject to any limitations provided elsewhere in the
Contract Documents) plus the Contractor's Fee, which shall be equal to 10.0% of the
total Cost of Work.
4.1.1 Cost of the Work and the Contractor's Fee is estimated by the parties not to
Exceed: $ 100.000.00 ("Not to Exceed Amount"), subject to additions and
deductions by Change Order as provided in the Contract Documents.
Contractor shall prepare a monthly updated budget projection and shall have
the responsibility to notify the County within thirty (30) days of reasonably
anticipating the actual cost to complete the Work in Accordance with the
Contract Documents will exceed the Not to Exceed Amount.
4.2. LABOR COSTS shall be defined as wages and hourly rates of employees
employed and directed by Contractor for self-performed work at the site, including
laborers, supervisors and administrative personnel engaged in the construction,
supervision and coordination of expediting the production, installation or transportation
of materials or equipment required for the work, but only for that portion of time required
for the work. Cost paid or incurred by the Contractors for taxes, insurance, contributions,
assessments and benefits required by law as included in wages and hourly rates.
Contractor Fee or profit shall not be included in hourly rates.
4.3 SUBCONTRACTOR COSTS shall be defined as payments made by the
Contractor to Subcontractors in accordance with the requirements of the Subcontracts for
the work performed.
4.4. COST OF MATERIALS AND EQUIPMENT INCORPORATED IN THE
COMPLETED CONSTRUCTION shall be dermed as costs, including transportation, of
materials and equipment incorporated or to be incorporated in the completed
construction. Costs of materials described in the preceding Clause in excess of those
actually installed but required to provide reasonable allowance for waste and for spoilage.
Unused excess materials, if any, shall be handed over to the County at the completion of
the Work or, at the County's option, shall be sold by the Contractor; amounts realized, if
any, from such sales shall be credited to the County as a deduction from the Cost of the
Work.
4.5 COST OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY
FACILITIES AND RELATED ITEMS shall be defined as:
4.5.1 Costs, including transportation, installation, maintenance, dismantling and removal
of materials, supplies, temporary facilities, machinery, equipment, and hand tools
not customarily owned by the construction workers, which are provided by the
Contractor at the site and fully consumed in the performance of the Work; and
cost less salvage value on such items if not fully consumed, whether sold to others
or retained by the Contractor (Cost for items previously used by the Contractor
shall mean fair market value);
4.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not
customarily owned by the construction workers, which are provided by the
Contractor at the site, whether rented from the Contractor or others, and costs of
transportation, installation, minor repairs and replacements, dismantling and
removal thereof. Rates and quantities of equipment rented shall be subject to the
County's prior approval; and
4.5.3 Costs of the removal of construction debris from the site.
ARTICLES-PAYMENTPROCEDURES
5.1 Contractor shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. The Contractor shall submit applications for
payment and back-up material (e.g. Subcontractor's invoices, vender statements and
receipts) as shall be reasonably required in accordance with the General Conditions.
Applications for Payment will be processed by the Eagle County Project Manager as
provided in the General Conditions Contractor shall prepare a Construction Cost estimate
based on project size, its systems, assemblies, components, construction type and its
location. Contractor shall continually monitor the cost estimates to assure that the Work
remains within the applicable budget and shall have the responsibility to notify the
County within thirty (30) days of reasonably anticipating the cost will exceed the
estimated budget
5.2 PROGRESS PAYMENTS: County shall make monthly progress payments on
account of the Contract Price on the basis of Contractor's Applications for Payments as
recommended by the Project Manager, as provided below. All progress payments will be
on the basis of the progress of the work measured by the schedule ofvaJues provided for
in paragraph J 4.1 of the General Conditions.
5.2.1 Prior to Substantial Completion, progress payments will be in an amount
equal to:
90% of the work completed until fifty percent (50%) of the work
is performed, after which no additional retainage shall be withheld,
and
90% of materials and equipment not incorporated in the work but
delivered and suitably stored less in each case the aggregate of
payments previously made.
5.2.2 Upon Substantial Completion, COUNTY shall pay an amount sufficient to
increase total payments to CONTRACTOR to 95% of the Contract Price,
less such amounts as PROJECT MANAGER shall determine in
accordance with paragraph 14.7 of the General Conditions.
5.3 FINAL PAYMENT: Upon final completion and acceptance in accordance with
paragraph 14.13 of the General Conditions, County shall pay the remainder of the
Contract Price as recommended by Project Manager 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 Statutes 1973, Section 38-26-107 as amended. Final
payment shall be made in accordance with the requirements of aforesaid statute.
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
In order to induce County to enter into this Agreement, Contractor makes the following
representations:
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 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 Project Manager 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 Project Manager written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by Project Manager is acceptable to Contractor.
ARTICLE 7 - CONTRACT DOCUMENTS
The contract Documents which comprise the entire Agreement, made a part hereof, and
consist of the following:
7.1 This Agreement.
7.2 Invitation to Bid.
7.3 Instructions to Bidders.
7.4 Notice of Award, Notice to Proceed.
7.5 General Conditions.
7.6 Drawings, as provided by Eagle County.
7.7 Bid Form dated August 5, 2008
7.8 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 I of the General Conditions).
ARTICLE 8 - MISCELLANEOUS
8.1 The terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
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 County and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
8.4 Notwithstanding anything to the contrary contained in this Agreement. Eagle
County shall have no obligations under this Agreement after, nor shall any payments be
made to Contractor in respect of any period after December 31, 2008 without an
appropriation therefore by County in accordance with a budget adopted by the Board of
County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised
Statutes, the Local Government Budget Law (C.R.S. ~ 29-1-101 et seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20).
8.5 Provision Mandated by c.R.S. ~ 8-17.5-101 et seq. PROHIBITIONS ON
PUBLIC CONTRACT FOR SERVICES
8.5.1 If Contractor has any employees or subcontractors, Contractor shall comply with
C.R.S. ~ 8-17.5-101, et seq., regarding Illegal Aliens - Public Contracts for Services, and
this Contract. By execution of this Contract, Contractor certifies that it does not
knowingly employ or contract with an illegal alien who will perform under this Contract
and that Contractor will participate in the Basic Pilot Verification Program in order to
confirm the eligibility of all employees who are newly hired for employment to perform
work under this Contract.
8.5.2 Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform
work under this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under the public
contract for services.
8.5.3. Contractor has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through participation in
the Basic Pilot Verification program, as administered by the United States Department of
Homeland Security. If the Contractor is not accepted into the Basic Pilot Verification
Program prior to entering into a public contract for services, the Contractor shall apply to
participate in the Program every three months until the Contractor is accepted or the
public contract for services has been completed, whichever is earlier. Information on
applying for the Basic Pilot Verification Program can be found at:
https://www.vis-dhs.com\employerrelJistration
8.5.4 The Contractor shall not use either the Basic Pilot Verification Program
procedures to undertake pre-employment screening of job applicants while the public
contract for services is being performed.
8.5.5 If the Contractor obtains actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an illegal
alien, the Contractor shall be required to:
(i) NotifY the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (i)
of the paragraph (0) the subcontractor does not stop employing or
contracting with the illegal alien; except that the Contractor shall
not terminate the contract with the subcontractor if during such
three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with
an illegal alien.
8.5.6 The Contractor shall comply with any reasonable request by the Department of
Labor and Employment made in the course of an investigation that the department is
undertaking pursuant to its authority established in C.R.S. ~ 8-17.5-102(5).
8.5.7 If a Contractor violates these prohibitions, the County may terminate the contract
for a breach of the contract. If the contract is so terminated specifically for a breach of
this provision of this Contract, the Contractor shall be liable for actual and consequential
damages to the County as required by law.
8.5.8 The County will notifY the office of the Colorado Secretary of State if Contractor
violates this provision of this Contract and the County terminates the Contract for such
breach.
8.6 A ITORNEY'S FEES: In the event of litigation between the parties hereto
regarding the interpretation of this Agreement, or the obligations, duties or rights of the
parties hereunder, or if suit otherwise is brought to recover damages for breach of this
Agreement, or an action be brought for injunction or specific performance, then and in
such events, the prevailing party shall recover all reasonable costs incurred with regard to
such litigation, including reasonable attorney's fees.
8.7 At all times during the term of this Agreement, Contractor shall maintain
insurance on its own behalf in the minimum amounts required by Section 5.3 of the
General Conditions.
ARTICLE 9 - JURISDICTION AND VENUE:
9.1 This Agreement shall be interpreted in accordance with the laws of the State of
Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof.
Venue shall be in the Fifth Judicial District for the State of Colorado.
ARTICLE 10 - INDEMNIFICATION:
The Contractor shall, to the fullest extent permitted by law, indemnity and hold harmless
County and any of its officers, agents and employees against any losses, claims, damages
or liabilities for which County or any of its officers, agents, or employees may become
subject to, insofar as any such losses, claims, damages or liabilities arise out of. directly
or indirectly, this Agreement, or are based upon any performance or nonperformance by
Contractor hereunder; and Contractor shall reimburse County for any and all legal and
other expenses incurred by County in connection with investigating or defending any
such loss, claim, damage, liability or action. This indemnification shall not apply to
claims by third parties against the County to the extent that the County is liable to such
third party for such claim without regard to the involvement of the Consultant.
ARTICLE II-TERMINATION:
County may terminate this Agreement, in whole or in part, for any reason, at any time,
with or without cause. Any such termination shall be effected by delivery to Contractor
of a written notice of termination specifying the date upon which termination becomes
effective. Upon termination, Contractor shall deliver all red lined drawings and other
illustrations, or documents entirely or partially completed, whether in electronic form or
otherwise, together with all material supplied by Contractor by County. In such event,
Contractor shall be compensated for all Work satisfactorily completed up to the date of
termination, plus Contractor's Fee for such Work. Final payment will be due within
thirty (30) days after Contractor has delivered the last of the documents or records due
the County.
ARTICLE 12 - OWNERSIDP OF DOCUMENTS:
All documents (including electronic files) which are obtained during or prepared in the
performance of the Work shall remain the property of the County and are to be delivered
to County before final payment is made to Contractor or upon earlier termination of this
Agreement.
ARTICLE 13 - NOTICE
Any notice required under this Agreement shall be personally delivered, mailed in the
United States mail, first class postage prepaid, or sent via facsimile provided an original
is also promptly delivered to the appropriate party at the following addresses:
The County:
Eagle County Facilities Management
Rick Ullom, Project Manager
P.O. Box 850
Eagle, Colorado 81631
(970) 328-8780 (p)
(970) 328-8899 (t)
and a copy to:
Eagle County Attorney
P.O. Box 850
Eagle, Colorado 81631
(970) 328-8699 (f)
The Contractor:
Schreiner and Associates, LLC.
0057 Cardinal Lane
Glenwood Springs, CO 8160 I
(970)945-2148
Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted
and confarmed received or, if transmitted after normal business hours, on the next
business day after transmission, provided that a paper copy is mailed the same date; or
three days 'after the date of deposit, first class postage prepaid, in an official depositary of
the U.S. Postal Service.
ARTICLE 14 - INDEPENDENT CONTRACTOR
It is expressly acknowledged and understood by the parties hereto that nothing contained
in this Agreement shall result in, or be construed as establishing, an employment
relationship. Contractor shall be, and shall perform as, an independent contractor. No
technician, agent, subcontractor, employee, or servant of Contractor shall be, or shall be
deemed to be, the employee, agent or servant of County. Contractor shall be solely and
entirely responsible for its acts and for the acts of its technicians, agents, employees, and
servants during the performance of this agreement Contractor shall not represent, act,
purport to act or be deemed the agent, representative, employee or servant of County.
II REMAINDER OF PAGE INTENTIONALLY LEFT BLANK II
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate on
this _ day of August, 2008. One counterpart each has been delivered to County,
Contractor and Project Manager. All portions of the Contract Documents have been
signed or identified by County and Contractor, or by Project Manager on their behalf.
ATTEST:
--
By:
Name:
Title:
STATE OF
)
) SS.
)
COUNTY OF
The foregoing instrument was acknowledged before me by
of , 2008.
this_ day
My commission expires:
Notary Public
INVITATION TO BID
Division of Wildlife, Residence Renovation
Basalt, Colorado
Eagle County will receive time and materials, price not to exceed, proposals for the construction
and renovation of the Division of Wildlife Residence in Basalt, Colorado. The project is located
at the end of Toner Creek Road, Basalt, Colorado. The remodel is approximately 1850 sq.ft, of
interior renovation and minor exterior improvements. A MANDATORY pre-bid walk through is
scheduled for Friday, July 25 at 2:00 p.m. Interested bidders will meet at the Toner Creek Road
gate and escorted to the residence. The turnoff from Fryingpan Road is approximately 3.2 miles
upstream, on the north side of the road, from Basalt. Proposals will be accepted until August
5th, 2008, at 11:00 a.m., in the office of the Eagle County Project Management Department, at
which time proposals will be opened and read aloud. Bidding documents will be distributed at
the mandatory pre-bid walkthrough.
DIVISION OF WILDLIFE RESIDENCE RENOVATION PROJECT
INSTRUCTIONS TO BIDDERS
I. DEFINED TERMS
1.1 Tenns used in these Instructions to Bidders which are defined in the General
Conditions have the meanings assigned to them in the General Conditions. The
tenn "Successful Bidder" means the lowest, qualified, responsible bidder to
whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes
an award.
2. COPIES OF BIDDING DOCUMENTS
2.1 Complete sets of the Bidding Documents in the number and for the deposit sum,
if any, stated in the Advertisement or Invitation may be obtained from Project
Manager.
2.2 Complete sets of the Bidding Documents shall be used in preparing bids; neither
Owner nor Project Manager assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3 Owner and Project Manager in making copies of Bidding Documents available on
the above tenns do so only for the purpose of obtaining bids on the work, and do
not conter a license or grant for any other use.
3. OUALIFICA TIONS OF BIDDERS
3.1 To demonstrate qualifications to perfonn the work, each bidder must be prepared
to submit, within five (5) days of Owner's request, written evidence, such as
financial data, previous experience, and evidence of authority to conduct business
in the jurisdiction where the project is located. Each bid must contain evidence of
the bidder's qualification to do business in the state where the project is located,
or covenant to obtain such qualification prior to award ofthe contract.
4. EXAMINA TION OF CONTRACT DOCUMENTS AND SITE
4.1 Before submitting a bid, each bidder must (a) examine the Contract Documents
thoroughly; (b) visit the site to familiarize himself with local conditions that may
in any manner affect cost, progress, or pcrfonnance of the work; (c) familiarize
himself with federal, state, and local laws, ordinances, rules, and regulations that
may in any manner affect cost, progress, or performance of the work; and (d)
study and carefully correlate Bidder's observations with the Contract Documents.
4.2 Before submitting his bid, each bidder will, at his own expense, make such
investigations and tests as the bidder may deem necessary to determine his bid for
performance of the work in accordance with the time, price, and other terms and
conditions of the Contract Documents.
4.3 On request, Owner and Project Manager will provide each bidder access to the
site to conduct such investigations and tests as each bidder deems necessary for
submission of his bid.
4.4 The lands upon which the work is to be performed, rights-of-way for access
thereto, and other lands designated for use by Contractor in performing the work
are identified in the Supplementary Conditions, General Requirements, or
Drawings.
4.5 The submission of a bid will constitute an incontrovertible representation by the
bidder that he has complied with every requirement of this Article 4, and that the
Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance of the work.
5. INTERPRETATIONS
5.1 All questions about the meaning or intent of the Contract Documents shall be
submitted to Project Manager in writing. Replies will be issued by Addenda
mailed or delivered to all parties recorded by Project Manager as having received
the Bidding Documents. Questions received in less than (1) day prior to the date
for opening of bids will not be answered. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications
will be without legal effect.
6. CONTRACT TIME
6.1 The date by which the work is to be completed (the Contract Time) is set forth in
the bid form and will be included in the Agreement.
7. LIQUIDATED DAMAGES
7.1 Provisions for liquidated damages, if any, are set forth in the Agreement.
8. SUBSTITUTE MATERIAL AND EOUIPMENT
8.1 The Contract, if awarded, will be on the basis of material and equipment
described in the Drawings or attached hereto with consideration of possible
substitute or "or-equal" items. Whenever it is indicated in the Drawings, or
specified in the Specifications, that a substitute or "or-equal" item of material or
equipment may be furnished or used by Contractor if acceptable to Project
Manager, application for such acceptance will not be considered by Project
Manager until after the "effective date of the Agreement." The procedure for
submittal of any such application by Contractor and consideration by Project
Manager is set forth in paragraphs 6.7,6.7.1, and 6.7.2 of the General Conditions
which may be supplemented in the General Requirements.
9. SUBCONTRACTORS. ETC.
9.1 If the Supplementary Conditions require the identity of certain subcontractors and
other persons and organizations to be submitted to Owner and/or Project Manager
in advance of the Notice of Award, the apparent successful bidder, and any other
bidder so requested, will, within seven (7) days after the day of the bid opening,
submit to Owner and/or Project Manager a list of all subcontractors and other
persons and organizations (including those who are to furnish the principal items
of material and equipment) proposed for those portions of the work as to which
such identification is so required. Such list shaH be accompanied by an
experience statement with pertinent infonnation as to similar projects and other
evidence of qualification for each such subcontractor, person, and organization if
requested by Owner and/or Project Manager. If Owner and/or Project Manager,
after due investigation, has reasonable objection to any proposed subcontractor,
other person, or organization, Owner and/or Project Manager may, before giving
the Notice of Award, request the apparent successful bidder to submit an
acceptable substitute without an increase in bid price.
If the apparent successful bidder declines to make any such substitution, the
contract shall not be awarded to such bidder, but his declining to make any such
substitution will not constitute grounds for sacrificing his bid security. Any
subcontractor, other person, or organization so listed, and to whom Owner or
Project Manager does not make written objection prior to the giving of the Notice
of A ward, will be deemed acceptable to Owner and Project Manager.
9.2 In contracts where the contract price is on the basis of Cost of the Work Plus a
Fee, the apparent successful bidder, prior to the Notice of Award, shall identify in
writing to Owner and Project Manager those portions of the work that such bidder
proposes to subcontract and, after the Notice of A ward, may only subcontract
other portions of the work with Owner and Project Manager's written consent.
9.3 No contractor shall be required to employ any subcontractor, other person, or
organization against whom he has reasonable objection.
10. BID FORM
10.1 The Bid Form is attached hereto; additional copies may be obtained from the
Project Manager.
10.2 Bid Forms must be completed in ink or by typewriter.
10.3 Bids by corporations must be executed in the corporate name by the president or a
vice president (or other corporate officer accompanied by evidence of authority to
sign), and the corporate seal must be affixed and attested by the secretary, or an
assistant secretary. The corporate address and state of incorporation shall be
shown below the signature.
10.4 Bids by partnerships must be executed in the partnership name, and signed by a
partner whose title must appear under the signature, and the official address of the
partnership must be shown below the signature.
10.5 All names must be typed or printed below the signature.
10.6 The bid shall contain an acknowledgement of receipt of all Addenda (the numbers
of which shall be filled in on the Bid Form).
10.7 The address to which communications regarding the bid are to be directed must
be shown.
11. SUBMISSION OF BIDS
See bid schedule on plans for bid alternates.
11.1 Bids shall be submitted at the time and place indicated in the Invitation to Bid,
and shall be included in an opaque, sealed envelope, marked with the project title,
and name and address of the bidder, and accompanied by the bid security and
other required documents. If the bid is sent through the mail or other delivery
system, the sealed envelope shall be enclosed in a separate envelope with the
notation "BID ENCLOSED" on the face thereof.
12. MODIFICA nON AND WITHDRAWAL OF BIDS
12.1 Bids may be modified or withdrawn by an appropriate document duly executed
(in the manner that a bid must be executed), and delivered to the place where bids
are to be submitted, at any time prior to the opening of bids.
12.2 If, within twenty-four (24) hours after bids are opened, any bidder files a duly
signed written notice with Owner and Project Manager, and promptly thereafter
demonstrates to the reasonable satisfaction of Owner and Project Manager that
there was a material and substantial mistake in the preparation of his bid, that
bidder may withdraw his bid, and the bid security will be returned. Thereafter,
that bidder will be disqualified from further bidding on the work.
13. OPENING OF BIDS
13.1 When bids are opened publicly, they will be read aloud, and an abstract of the
amounts of the base bids and major alternates (if any) will be made available after
the opening of bids.
14. BIDS TO REMAIN OPEN
14.1 All bids shall remain open for thirty (30) days after the day of the bid opening, but
Owner and Project Manager may, in his sole discretion, release any bid and return
the bid security prior to that date.
15. AWARD OF CONTRACT
15.1 Owner and Project Manager reserves the right to reject any and all bids, to waive
any and all informalities, and to negotiate contract terms with the successful
bidder, and the right to disregard all nonconforming, non-responsive, or
conditional bids. Discrepancies between words and figures will be resolved in
favor of words. Discrepancies between the indicated sum of any column of
figures, and the correct sum thereof, will be resolved in favor of the correct sum.
15.2 In evaluating bids, Owner and Project Manager shall consider the qualifications of
the bidders, whether or not the bids comply with the prescribed requirements, and
alternates and unit prices if requested in the bid forms. It is the Owner and
Project Manager's intent to accept alternates (if any are accepted) in the order in
which they are listed in the bid form, but Owner and Project Manager may accept
them in any order or combination.
15.3 Owner and Project Manager may consider the qualifications and experience of
subcontractors and other persons and organizations (including those who are to
furnish the principal items of material or equipment) proposed for those portions
of the work as to which the identity of subcontractors and other persons or
organizations must be submitted as provided in the Supplementary Conditions.
Operating costs, maintenance considerations, performance data, and quantities of
materials and equipment may also be considered by Owner.
15.4 Owner and Project Manager may conduct such investigations as he deems
necessary to assist in the evaluation of any bid, and to establish the responsibility,
qualifications, and financial ability of the bidders, proposed subcontractors, and
other persons and organizations to do the work in accordance with the Contract
Documents to Owner and Project Manager's satisfaction within the prescribed
time.
15.5 Owner and Project Manager reserves the right to reject the bid of any bidder who
does not pass any such evaluation to Owner and Project Manager's satisfaction
15.6 If the contract is to be awarded, it will be awarded to the lowest bidder whose
evaluation by Owner and Project Manager indicates to Owner that the award will
be in the best interests of the project.
15.7 When a construction contract for a public project is to be awarded to a bidder, a
Colorado resident bidder shall be allowed a preference against a nonresident
bidder from a state or foreign country equal to the preference given or required by
the state or foreign country in which the nonresident bidder is a resident, unless
this requirement is inconsistent with requirements of federal law or may cause the
denial of federal moneys. See ~8-19-1 01, 102, CRS, for the complete provisions
regarding this preference.
16. PERFORMANCE AND OTHER BONDS
16.1 f .rtiele 5 of the Geaet'81 CaRditians sets fOrth Owfter's reElltiTeHleats as to hid
hORd. Whea the slteeessitil hidder delivers the exeel:lteti AgFeeffleflt ta Owfter, it
shall he aeeempanieti hy the reEll:lired eeRtf8et Seel:lRty.
17. SIGNING OF AGREEMENT
I 7.1 When Owner and Project Manager gives a Notice of A ward to the successful
bidder, it will be accompanied by at least four (4) unsigned counterparts of the
Agreement and all other contract documents. Within fifteen (15) days thereafter,
Contractor shall sign and deliver at least four (4) counterparts of the Agreement to
Project Manager with all contract documents attached. Within ten (10) days
thereafter, Owner and Project Manager will deliver a fully signed counterpart to
Contractor.
18. OTHER
Project Management
Department
Phone: (970)328-8880
FAX: (970) 328-8899
:A.I
UA
Eagle County
P.O. Box 850
500 Broadway
Eagle, CO 81631
NOTICEOFAWARD
TO: Schreiner and Associates, L.L.C.
Attn: David Schreiner
0057 Cardinal Lane
Glenwood Springs, CO 81601
DATE: August 14,2008
Eagle County, Colorado, having considered the Contract Proposals submitted for construction of The
Division of Wildlife Resi~ Renovation, and it appearing that your Contract Proposal of a Cost-Plus
Fee with rates set forth in your Bid Form, is fair, equitable and in the best interest of Eagle County,
Colorado, the said Contract Proposal is hereby accepted at the bid prices contained therein.
[n accordance with the terms of the Bid Documents, you are required to execute a mutually satisfactory
Agreement within 8 consecutive calendar days of receipt of said document
~~
Contract Authorized Representative
Rick Ullom, Construction Manager
August 14.2008
Date
DIVISION OF WILDLIFE RESIDENCE RENOVATION
GENERAL CONDITIONS
TABLE OF CONTENTS
ARTICLE
TITLE
PAGE
1. DEFINITIONS.. ... ......... ................ ...... ......... ..... ............ .............. ........ ...... .... ................. ..... 1
2. PRELIM INAR Y MA TIERS.. ... ....... ... ........ ..... ...... ........... ...... ..... ......... ... ........ .................. 3
3. CONTRACT IX>CUMENTS ............................................................................................. 4
4. A V AILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE POINTS...................... ............................................. ....................... ............. 5
5. BONDS AND INSlJRANCE .............................................................................................6
6. CONTRACTOR'S RESPONSffiILITIES ........... .......... .......... ........... .............. .................. 8
7. WORK BY OTHERS ........... ... ........... .......... ..... ...... .......... ............ ......... ..... ..................... 15
8. OWNER'S RESPONSffiILITIES .................................................................................... 15
9. ENGINEER 'S STATUS DURING CONSTRUCTION................................................... 15
10. CHANGES IN THE WORK ............................................................................................ 17
11. CHANGE OF CONTRACT PRiCE................................................................................. 18
12. CHANGE OF CONTRACT TIME ..................................................................................21
13. WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE
OF DEFECTNE WORK ................................................... ... .... .... ...... ............................. 22
14. PAYMENTS TO CONTRACTOR AND COMPLETION .............................................. 24
15. SUSPENSION OF WORK AND TERMINATION......................................................... 29
16. MISCELLANEOUS ...... ............ .......... ....... ............ .............. .... ..... ..... .............. .... .... ........ 30
INDEX .............. .... ..... ................ .... ............. ........................ ..... ...... .... ................... ............ 32
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 PROJECT MANAGER
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. Use AlA Form G702 and G703.
ARCHITECT: OWNER'S designated design professional; for this Document, the
Project Manager is the Architect. Please take note of this when reviewing the document.
BID: The offer or proposal of the bidder submitted on the prescribed form setting forth
the prices for the work to be performed.
BONDS: Bia baBEls ift the 8ffiel:lftt of 5% of the bia priee.
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: Those documents set forth in Article 7 of the
Agreement.
CONTRACT PRICE: The monies 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 16.2), 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.
DA Y: 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, OR ARCHITECT'S recommendation of final payment or prior to
the guarantee period under paragraph 13.12.
DRAWINGS: The drawings which show the character and scope of the work to be
perfonned, and which have been prepared or approved by ARCHITECT, and are referred
to in the contract documents.
EFFECTIVE DATE OF THE AGREEMENT: The date indicated in the agreement on
which it becomes effective, but, if no such date is indicated, it means the date on which
the agreement is signed and delivered by the last of the two parties to sign and deliver.
FIELD ORDER: A written order issued by PROJECT MANAGER 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.
MODIFICATION: (a) A written amendment of the contract documents signed by both
parties, (b) a change order, or (c) a field order. A modification may only be issued after
the effective date of the agreement.
NOTICE OF AWARD: The written notice by OWNER to the apparent successful
bidder stating that upon compliance by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified, OWNER will sign and deliver
the agreement.
NOTICE TO PROCEED: A written notice given by OWNER to CONTRACTOR
(with a copy to PROJECT MANAGER) 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.
PROJECT MANAGER: OWNER'S authorized representative.
RESIDENT PROJECT REPRESENTATIVE: The authorized representative of
PROJECT MANAGER 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 infonnation 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.
SUBSTANTIAL COMPLETION: The work (or a specified part thereof) has
progressed to the point where, in the opinion of PROJECT MANAGER 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, aU as required by the contract documents.
ARTICLE 2 - PRELIMINARY MATfERS
DELIVERY OF BONDS: DELETED
2.1 W:fteft CO~ITIV.CTOR ~eli\"ef9 the eJl:0eHte8agreeffieflts te OWNER, CONTR.'\CTOR
sh8U alse ~eli'ler fe OV/NER sHeh bantls as CONTRACOR may be FeqHifeEl ta famish ift
aeear~8Hee with Jl8F8gr8J1ft 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 reasonable necessary for the
execution of the work. Additional copies will be furnished, upon request. at the cost of
reproduction.
COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED:
2.3 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.