Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutC12-283 Oldcastle SW Group, Inc. Agreement EAGLE COUNTY, CO 201218271 TEAK J SIMONTON Pgs= 32 02 :52 14PM 09/11/2012 REC: $0.00 DOC. $ AGREEMENT FOR CONSTRUCTION OF THE DOTSERO LANDING BOAT RAMP THIS AGREEMENT is dated as of the 1 day of k, , 11 , 2012, by and between Eagle County, Colorado, a body corporate and politic, acting by a . through its Board of County Commissioners ( "County" or "Owner ") whose address for purposes hereof is P.O. Box 850, 500 Broadway, Eagle, CO 81631 and Oldcastle SW Group Inc. DBA. B &B Excavating, a company organized and existing by virtue of the laws of the State of Colorado (hereinafter referred to as "B &B Excavating" or "Contractor ") whose address for purposes hereof is 14955 HWY6 Eagle Colorado P.O. Box 4870, Eagle, CO 81631. Owner and Contractor, in consideration of the mutual covenants set forth, agree as follows: ARTICLE 1— WORK 1.1. Contractor shall use licensed, skilled and competent laborers to complete all work as specified or indicated in the Construction Plans for Proposed River Access Dotsero Landing Boat Ramp, dated 19 July 2012, attached hereto as Exhibit A and incorporated herein by this reference (the "Work "). As a component of the Work, Contractor will be required to protect all construction areas from the public to prevent interference with the Work to be provided hereunder. The Work may also be referred to herein as the "Construction Services." 1.2. The intent of the Contract Documents is to include all items reasonably necessary for the proper execution and completion of the Work. The Contract Documents are complementary and what is required by anyone shall be binding as if required by all. Based on Contractor's careful review of the Contract Documents, Contractor acknowledges that the Contract Documents require completion of the Work in accordance with the terms hereof. 1.3. Contractor shall perform all the Work required by the Contract Documents or reasonably inferable therefrom, for the complete construction of the Project in accordance with the Contract Documents. Contractor shall provide and furnish all materials, supplies, equipment, tools, implements, all other facilities, and all other labor and supervision to accomplish the Work in accordance with Exhibit A. ARTICLE 2 - OWNER'S REPRESENTATIVE 2.1 The Project is under the authority of the County Engineer, the Manager of which, or her designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. 2.2 Contractor's representative is Chip Bair. 2.3 Neither Owner's nor Contractor's representative shall be changed with less than ten (10) days prior written notice to the other party. ARTICLE 3 - CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with the Contract Documents on or before 7 September 2012. 3.2 Contractor shall employ all such additional labor, services and supervision, including such extra shifts and over time, as may be necessary to maintain and to achieve final payment in accordance with the Contract Documents on or before 7 September 2012, all without an increase in the Contract Price. ARTI LE 4 - CONTRACT PRICE AND PAYMENT PROCEDURE 4.1 wner shall pay Contractor, for Contractor's satisfactory performance of the Work under the Co .tract Documents, an amount not to exceed fifty three thousand three hundred ninety seven dollars and seventy one cents ($53,397.71)( "Contract Price ") as set forth in Contractor's Proposal dated 27 July 2012, attached hereto as Exhibit B and incorporated herein by this reference. 4.2 Payment will be made upon satisfactory completion of the Work and final acceptance thereof by the County Representative. Contractor shall make an application for payment to Owner identifying the specific Work performed. Owner shall then pay Contractor for perfo ance of the Work in accordance with the Contract Documents. Payment will be made for Work atisfactorily performed within thirty (30) days of receipt of a proper and accurate application for payment from Contractor respecting the completed Work. Upon request, Contractor shall provide Owner with such other supporting information as Owner may request. 4.2 ontractor acknowledges that Owner is a tax exempt entity and that Owner has approp fated funds for this Project in a sum equal to or in excess of the Contract Price. 4.3 ursuant to the provisions of §24 -91- 103.6, C.R.S., and notwithstanding anything to the contra contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable Work t be performed which Work causes the aggregate amount payable under the Agreement to exceed a amount appropriated for the original Agreement, shall be of any force or effect unless accom anied by a written assurance by Owner that lawful appropriations to cover the costs of the additio at Work have been made or unless such Work is covered under a remedy - granting provisi n in the Agreement. 4.4 The Board of County Commissioners for Eagle County is a governmental entity. All obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 4.6 Owner may withhold payments due to Contractor, to such an extent as may be necessary to protect Owner from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Work in accordance with this Agreement. 2 ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce Owner 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 may affect cost, progress, or performance of the Work. 6.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data 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. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. 6.5 In performing the Work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. 6.6 Contractor represents and warrants that it holds a license, permit or other special license, as required by law, to perform the Work required under the Contract Documents and shall keep and maintain such licenses, permits and special licenses in good standing and in full force and effect at all times while Contractor is performing the Work under the Contract Documents. 6.7 Contractor shall maintain insurance as set forth in the General Conditions. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement including Exhibits A and Exhibit B hereto. 7.2 General Conditions attached as Exhibit C. 3 The parties acknowledge and agree that this Agreement and the General Conditions attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachrr.ent or 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 an executed, written amendment to this Agreement. ARTICLE 8- SUBCONTRACTS AND OTHER AGREEMENTS 8.1 Those portions of the Work that Contractor does not customarily perform with Contractor's own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a "Subcontract" and collectively "Subcontracts "). 8.2 All Subcontracts shall conform to provisions of this Agreement. Owner shall have the right to review and approve each form of Subcontract. ARTICLE 9 - MISCELLANEOUS 9.1 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 respon ibility under the Contract Documents. 9.2 wner and Contractor each binds himself, his partners, successors, assigns and legal represe tatives to the other party hereto, in respect to all covenants, agreements, and obligations contai d in the Contract Documents. 9.3 TTORNEY'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 it 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. 9.4 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in District Court for Eagle County, Colorado. 9.5 TEGRATION: This Agreement supersedes all previous communications, negotiations and/or ontracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 4 9.6 NOTICE: Any notice and all written communications required under this Agreement shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: County: With a copy to: Board of County Commissioners Engineering Department Eagle County, Colorado PO Box 850 P. O. Box 850 Eagle, CO 81637 Eagle, CO 81631 Telephone: (970) 328 -3523 Telephone: (970) 328 -8605 Fax: (970) 328 -3539 Fax: (970) 328 -7207 Contractor: Oldcastle SW Group Inc. DBA B &B Excavating PO Box 4870 Eagle, CO 81631 Mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and Fax notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. 9.7 PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: Provision Mandated by House Bill 1343: If Contractor (hereinafter "Consultant" for purposes of paragraph 10.7) has any employees or subcontractors, Consultant 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, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Consultant will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Consultant 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 Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E -verify Program 5 or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http: / /v4 ww.dhs.gov/xprevprot/programs/gc_1185221678150.shtm C. Tonsultant shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. D. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall b required to: (i) otify the subcontractor and the County within three days that the Consultant has actual knowl ge that the subcontractor is employing or contracting with an illegal alien; and (ii) erminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Consultant 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. E. he Consultant shall comply with any reasonable request by the Department of Labor and Emplo ment made in the course of an investigation that the department is undertaking pursuant to its aut rity established in C.R.S. § 8- 17.5- 102(5). F. If Consultant violates these prohibitions, the County may terminate the contract for a breach f the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Consultant shall be liable for actual and consequential damages to the County as required by law. G. he County will notify the office of the Colorado Secretary of State if Consultant violates this pr ision of this Contract and the County terminates the Contract for such breach. 9.8 ontractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents, and all such accounting and control systems shall be satisfactory to Owner. Owner and Owner's accountants shall be afforded access to, and shall be permitted to audit and copy Contractor's records, books, correspondence, instructions, drawings, receipts, Subcontracts, purchase orders, vouchers, memoranda and other data relating to the Contract Documents and Contractor shall preserve these documents for a period of not less than three (3) years after final payment, or for such longer period as may be required by law. 9.9 Any indemnity, warranty or guaranty given by Contractor to Owner under the Contract Docu nts shall survive the expiration or termination of the Contract Documents and shall be bindin upon Contractor until any action thereunder is barred by the applicable statute of limitati ns or as otherwise expressly provided on the Contract Documents. 6 { 9.10 The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the service or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any matter or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. IN WITNESS WHEREOF, the parties have executed this Agreement this 14 day of t1.,\I &k.) , 2012. c EAGLE COUNTY, COLORADO 04 °G By and through its Board of County ., .e Commissioners AZ "PEST 06 (4064e#1 • By: By: Clerk of the Board of Peter F. Runyon County Commissioners Chairman "Contractor ": By: (------- r�°"" Oldcastle SW Group Inc. DBA 13&B Excavating Kyle Alpha General Manager STATE OF COLORADO ) ss: County of Eagle ) The foregoing instrument was acknowledged before one by Kyle Alpha , this stn , day of August , 2012. My commission expires: 3/29/15 Notary Public DEBBIE WEAVE : :r N0PARLI s A o R COLOPUBR.; EAGLE COUNTY ENGINEERING DEPARTMENT I_ Z W > m Z Q Q M 0 a m O W m c o o cD Ld -1 Z m � b 7 n Q W O m W W m z o Z W CONSTRUCTION PLANS FOR PROPOSED RIVER ACCESS DOTSERO LANDING BOAT RAMP VICINITY MAP Sheet List Table Sheet Number Sheet Title 01 Cover Sheet 02 Site Key Plan 03 Site Plan 04 Grading Plan 05 Cross Sections 06 Erosion Control Plan 07 Details 08 Details 09 Details 10 General Notes and Quantities FOR BURIED UTILITY INFORMATION THREE 3 BUSINESS DAYS BE E YOU DIG CALL 811 (ar I- eao-es� —Isar) UTILITY NOTFXAT10N CENTER OF COLORADO (UNCC) EXHIBIT Z a 0 • w a 0 V SHEET 01 OF 05 2 `'s N:666213.92 E:560839.35 r r \ -N:6A210.05 E:560838.33 . d 10 (JOINT S/'.4 A a d d.. i d d - BADER FOOTER o AT END OF BOAT RAMP. SEE., DETAIL / d 3 SWEET 07 .d ° 'd . a ° 16 N:666190 70 E:560833.26 r a. ° 1 N:666186.83 E:560832.25 ° rl d 10, 18. SP ACING) ° L U a d (JOINT I d . d SPACING) 0 d � 41 d 0 .5�.; °� N�RE l d S R A ° ° P P P d ° .. d ° °. 50,0' OVERHEAD ELECTRICAL LINE COLORADO RIVER BANK 1 BC 0' 5' 10' 15' ORDINARY HIGH 1 INCH = 5 FEET WATER LINE ELEV,= 6141 EDGE OF BOAT RAMP ACCESS 1 ROAD PLACE GRAVEL MATERIAL 4' WIDE ON EACH SIDE OF BOAT RAMP. SEE DETAIL 1 ON SHEET 07 (TYP•) N-666201.03-\ U (JOINT SPACI� ° Q , .. a ° l o (JO< d S PACING) , d a d ° d CONSTRUCTION JOINT ° $ SEE DET@k 5 SHEET 07, (TIP.) ° d d ° 'd ° d ° d °. 4 da °d 1 d d d ° � d SEE BOAT RAMP SECTION RAMP SITE PLAN DETAIL 1 SHEET 07 N:666173.94 Scale: 1 " =5' E:560881.40 0 0 0 i N� N:666197.36 E:560886.70 �6 RAMP SURFACE FINISH SEE DETAIL 3 SHEET 07 (NOTE: INSTALL SURFACE FINISH FOR ENTIRE RAMP. NOT SHOWN ON THIS DRAWING FOR CLARITY) N:666178.02 E:560881.62 z w > 3 Q O M m°'m'° W fr ° e J Z 6 L G p w o ww m m ? o 0 w 0 T w K 0 IL Z m g Lu 0 w N Lu co 1 0 0 SHEET 03 OF os / d ° d � 41 d 0 .5�.; °� N�RE l d S R A ° ° P P P d ° .. d ° °. 50,0' OVERHEAD ELECTRICAL LINE COLORADO RIVER BANK 1 BC 0' 5' 10' 15' ORDINARY HIGH 1 INCH = 5 FEET WATER LINE ELEV,= 6141 EDGE OF BOAT RAMP ACCESS 1 ROAD PLACE GRAVEL MATERIAL 4' WIDE ON EACH SIDE OF BOAT RAMP. SEE DETAIL 1 ON SHEET 07 (TYP•) N-666201.03-\ U (JOINT SPACI� ° Q , .. a ° l o (JO< d S PACING) , d a d ° d CONSTRUCTION JOINT ° $ SEE DET@k 5 SHEET 07, (TIP.) ° d d ° 'd ° d ° d °. 4 da °d 1 d d d ° � d SEE BOAT RAMP SECTION RAMP SITE PLAN DETAIL 1 SHEET 07 N:666173.94 Scale: 1 " =5' E:560881.40 0 0 0 i N� N:666197.36 E:560886.70 �6 RAMP SURFACE FINISH SEE DETAIL 3 SHEET 07 (NOTE: INSTALL SURFACE FINISH FOR ENTIRE RAMP. NOT SHOWN ON THIS DRAWING FOR CLARITY) N:666178.02 E:560881.62 z w > 3 Q O M m°'m'° W fr ° e J Z 6 L G p w o ww m m ? o 0 w 0 T w K 0 IL Z m g Lu 0 w N Lu co 1 0 0 SHEET 03 OF os 60 i0 40 133HS 0 D O Z L1 v z v O IM O co D I n m A 0 z ° o z o m p Z m c1 0 8 o p m m A � w o y z IT z \\ \ ('du) S N d JNIdV�I ;— \ 90 AM 33S SN01103S SSOdO I / I 0419 \ ('du) M \ I 1:£ XVW 3dOlS 1f10 \ \ 31V1303M3 9NV 033S3? 1 / \ \ 0d 6b'Eb19�13 \ Od 09'£4 19:1 v \ " /. ✓r Od 88'LE19;13 OA OTCKTI \ w/ Od 09'M Co Co 9d 88'LE 19113 / \ L•£ XVW S3dOl 1f10 / / v v O 0 \ \ 3 1393A321 0NV C}�335321 88'L£ 1 :13 \ ; lb3A .S =..I ZR10H .OT =..T :a1e:)g 7 p 31IJMd d / {� ` ` \ ` (� WbRi / j / l 419 mwi ot,-� H31VM HOIH / OZ +O :V1S 09 00'4£19 00'9219 00'9219 00'0619 0074 19 00'4619 la3A ,9 = „1 Z180H ,OL = „1 31VOS OL 09 09 O6 02 Oz O1 0 00'6219 00'9219 00 00'0419 LO 133HS £/11V130 33S 17 3dolS /XVW S?J301Q HlIM dVIVN 1V08 / 30 0113 WNV L / / 007419 / 1333 O 1 = HONI 4 00'4419 .OE I AZ / .O1 ,0 , Mv 0 Lai 1 0 W , W L I R I 0 00'6219 00'9219 00 00'0419 LO 133HS £/11V130 33S 17 3dolS /XVW S?J301Q HlIM dVIVN 1V08 / 30 0113 WNV L / / 007419 / 1333 O 1 = HONI 4 00'4419 .OE I AZ / .O1 ,0 i 6142.00 6140.00 6138.00 6136.00 6134.00 -30 -20 -10 SCALE: I"=10' HORIZ 1"=5' VERT 814 61 61 61 613 0 10 v 61 61 61 61 YL.UU -30 -20 -10 0 10 20 30 STA: 0 +10 SCALE: 40.00 PR (POSED GRADE P.) 38.00 36.00 34.00 EXISTING GRAD (TYP.) 6142.00 6140.00 6138.00 6136.00 6134 00 20 30 -30 -20 -10 0 10 20 30 STA: 0 +10 SCALE: 1 " =10' HORIZ 1 " =5' VERT STA: 0 +20 4.00 42.00 40.00 38.00 6.00 6144.00 6144.00 6144.00 6142.00 6142.00 6142.00 6140.00 6140.00 6140.00 6138.00 6138.00 6138.00 61 -30 -20 -10 0. SCALE: 1 " =10' HORIZ 1 " =5' VERT 6144 614 614 613 613 36.00 6136.00 6136.00 10 20 30 -30 -20 -10 0 10 20 30 STA: 0 +30 SCALE: 1 " =10' HORIZ 1 " =5' VERT STA: 0 +40 00 2.00 - - - 0.00 8.00 6.00 -30 -20 -10 0 SCALE: 1 " =10' HORIZ 1 " =5' VERT 10 6144.00 6142.00 6140.00 6138.00 6136.00 6134.00 70 80 STA: 0 +20 6144.00 6144.00 6144.00 6142.00 6142.00 6142.00 6140.00 6140.00 6140.00 6138.00 6138.00 6138.00 6136.00 6136.00 6136.00 20 30 -30 -20 -10 0 10 20 30 STA: 0 +50 SCALE: 1" =10' HORIZ 1" =5' VFRT STA: 0 +60 z w r Z Q w m M �°-m� w 00 0 y LL J C7 0! ¢wow wwm z d ° s z w 0 w 0 I1 Q V) z Q O_ O ~ U m m O in 0 w W N O H 0 SHEET 05 OF o9 30 40 50 60 0 10 20 SCALE: 1 " =10' HORIZ 1 " =5' VERT 6144.00 6144.00 6144.00 6142.00 6142.00 6142.00 6140.00 6140.00 6140.00 6138.00 6138.00 6138.00 61 -30 -20 -10 0. SCALE: 1 " =10' HORIZ 1 " =5' VERT 6144 614 614 613 613 36.00 6136.00 6136.00 10 20 30 -30 -20 -10 0 10 20 30 STA: 0 +30 SCALE: 1 " =10' HORIZ 1 " =5' VERT STA: 0 +40 00 2.00 - - - 0.00 8.00 6.00 -30 -20 -10 0 SCALE: 1 " =10' HORIZ 1 " =5' VERT 10 6144.00 6142.00 6140.00 6138.00 6136.00 6134.00 70 80 STA: 0 +20 6144.00 6144.00 6144.00 6142.00 6142.00 6142.00 6140.00 6140.00 6140.00 6138.00 6138.00 6138.00 6136.00 6136.00 6136.00 20 30 -30 -20 -10 0 10 20 30 STA: 0 +50 SCALE: 1" =10' HORIZ 1" =5' VFRT STA: 0 +60 z w r Z Q w m M �°-m� w 00 0 y LL J C7 0! ¢wow wwm z d ° s z w 0 w 0 I1 Q V) z Q O_ O ~ U m m O in 0 w W N O H 0 SHEET 05 OF o9 30 40 50 60 0 10 20 SCALE: 1 " =10' HORIZ 1 " =5' VERT -30 -20 -10 0 SCALE: 1 " =10' HORIZ 1 " =5' VERT 10 6144.00 6142.00 6140.00 6138.00 6136.00 6134.00 70 80 STA: 0 +20 6144.00 6144.00 6144.00 6142.00 6142.00 6142.00 6140.00 6140.00 6140.00 6138.00 6138.00 6138.00 6136.00 6136.00 6136.00 20 30 -30 -20 -10 0 10 20 30 STA: 0 +50 SCALE: 1" =10' HORIZ 1" =5' VFRT STA: 0 +60 z w r Z Q w m M �°-m� w 00 0 y LL J C7 0! ¢wow wwm z d ° s z w 0 w 0 I1 Q V) z Q O_ O ~ U m m O in 0 w W N O H 0 SHEET 05 OF o9 30 40 50 60 0 10 20 SCALE: 1 " =10' HORIZ 1 " =5' VERT I1 Q V) z Q O_ O ~ U m m O in 0 w W N O H 0 SHEET 05 OF o9 30 40 50 60 0 10 20 SCALE: 1 " =10' HORIZ 1 " =5' VERT N .'O \ 90 OZ = „T .aleaS 133HS \\ Mdld IOdiNOD NOISMO s \ \ 3ON33 EIS HIM hMS 103108d ONV `� \\ 31V1393AM8 `lVAOw3N 631JV D s \\ m \ \ m \ \\ \ z 0 0 \ \ \ z W \ \\ 0 \ \ \ 0 \ \ T \ \ \ v z b VI 3 0 o z m O f D m m b m G) D N O ° 0 m c w 2 > n ro D 0 a� < m z i I �� I �/ NOI10n81SNOO 8313V NIVw38 Ol 30N33 ills 31 L£ L L9 ANVw N31VM HOW ABVNIa80 a dvqnd 9� �� r iNj�j� *Tr • NOLOAKSNOO Ht��: • Hi �f. • • a: IBM r �£5l9 1 ' \ \ 1 �3ON33 Ills \ \ IUM 3dOIS 103198d aNV ' 3i i1 93A3a `IVAOw3lli 83JJV \\ \ \ I H-J I ) viva 833300 A8V80 1 w wamnl 30N33i DIS H1 L 3 ' 10 a I - 31V1303A93A38 ` VAOw3 8 83LiV N0110n81SNOO 83iAV NIVw38 01 30N33 ills 3l Z9 Lb L9 AM 831VM H91H AWN1080 ' i's 000 1 :S3dOlS MV9 X103 N011d1393A3d S38OV WO :30NV9an1SI0 30 V38V 3l 06 W00a 110 3l 98 :wVa 833300 A8V80dw31 3l £L£ NIV18n0 ALIOladn1 / Al L91 30N33 Ills :S31iliNVnO 3OKNOO NOISOb3 j s �. L " O.0 EACH WAY EXTEND FILTER 1 " 0N Y SPACED FABRIC 1' FROM ARM FOOTER WITH BOULDERS. USE A MIXTURE THICKENED SLAB OF 6 " -12" AND UP TO 18" DIAMETER ° \ MAX. SLOPE 2:1 #4 BARS ® 12" O.C. EACH WAY RAMP SURFACE FINISH Scale: 1 " =1' i MIRAFI 140N FILTER FABRIC ALLUVIAL - SUBGRADE COARSE ALLUVIUM J (6) #4 BARS MINIMUM 8" WIDE UNDER EVENLY SPACED THICKENED SLAB BASE BOAT RAMP END J Scale: 1 " =1' 2 SIDE AND TOP EDGE FOO TING Scale: 1 " =1' BACKFILL EXISTING MATERIAL 8" CONCRETE (6" MINUS, 8" MIN. DEPTH) SLAB 3:1 CUT /FILL SLOPES WITH 4' EROSION CONTROL FABRIC UNDISTURBED EXISTING GRA #4 ® 12" EACH WAY RAMP SURFACE FINISH SEE DETAIL 4.THIS SHEET 20' 3:1 CUT /FILL SLOPES WITH EROSION CONTROL FABRIC 4' '�— 8" MINUS VERIFY ALLUVIAL SUBGRADE BACKFILL EXISTING MATERIAL 98% STD. COMPACTED SUBGRADE (D50 — 12" MINUS, 18" MIN. DEPTH) GRANULAR FILL OR UNDISTURBED ALLUVIUM BOAT RAMP SECTION 1 Scale: 1 " =5' z w > o a z ¢om D Lu 0 0 (7 LL J Z w L o - 0� aW0 w 00 ? d o C7 a m s W z 0 w a WATERPROOF SEALANT TO BE FLUSH WITH CONCRETE. APPLY AFTER CONCRETE HAS CURED (MATCH CONCRETE COLOR) #4 DOWELS 48" LONG iir 12" O.C. P I SIDE FOOTING (DETAIL 2 THIS SHEET) d b n I b a I" EXPANSION MATERIAL 1' BELOW FINISH GRADE i / AIL FO OTING CONSTRUCTION JOINT ��',(iIS SHEET Scale: 1 " =1' CONTINUOUS MIRAFI 140N FILTER FABRIC. INTIMATE CONTACT WITH UNDISTURBED CUT CI i IL H a 00 O w w F O 0 N J ui w a SHEET 07 OF 09 "" � ' " " " "' CH WAY 50 j0 80 133HS 0 m D v O "q m X O W ° v SIN :91e:)S NIvi AlIQI82inl NIVlan0 a31aaV8 A3Sa3f 35n AVW A11018na1 '1 dOHONV 3NII3a0HS 318VIaVn SI 3ONV1SIO SIH1 . �/ N0110n2LSN00 vldv mom ® 30 SllWll (IVOldAl) ,O1 A63n3 OL 3NI132i0HS NOHONV 80 3NV1S MOIJ WV3d1S 'id 80HONV (IV011 - NON ONV 0310310ad) S3NVI 0NV 'SONOd 'SWV3a1S slnoAVl lvoldAl SIN :ale NIvi1 jn:) AlIaIo2dnl 1N3IVn1nD3 a0 SW31S)lS83NaVd AB MN80 N3AOM - NON aJld8V8 3O03a0 3111X31030 3I9V3Wa3d II 831SVWiIIS (N01103NNOD 3INOVHS d0 do - Mole) 1SVIIVB NIV n m NOUV1 3dOH 3N3IAd0adAlOd 'NI 8/9 m A 0 0 m z ci P z N 'om�n w > A ° m ° Z m > n 0 x o °° 00 m w m D Z N > m � D m � Z S1N :@1 033N O1 ONIO80O0V H1d30 30Va01S i0VdW00 aO3 S(TOd 3d08 311 'NI b/L NOM IS NIvi2dm Aiicii inl 038a3n1a AaVSSVMN SV aOHONV 3Nn3aoHS �/ Nldlbff)0 b= 1VOId SIN :91eDS 2i3dd0D ld3IaVg ADSIdX A'dYdOdNgl 01033N SV OV8 0NVS a0 Wn[An ]AliVN /M 1113XOV8 a31daV8 A3Sa3f 11360N00 SIN :ale:)S L 'NIN e X038a3n1a N SV 3NVa8W3W 3IBV3W83dW1 NOI1 S IINNVHD NOIS2i3AIa 03213 {Nn00N3 MS 30 3dA1 3H1 NO ON10030 ),8VA IIIM IS 'Q = IS 1004 b = M 'SNVId NI NMOHS 3SIMd3H10 SS3INn '1334 Z 30 AnNINIW H1IM Z/M = X NOISN31110 '310N 03ddVldlHS 2Wl N33nOSIn 033a03N1321 IM 9 1105 Ol 3dOIS 'A21VSS303N 3213HM HO110 30 3015 213MO1 3HI0 01 03Sn N011V130 Ol W0iVW 031VAVOX3 30V1 d M A5 d NI 10310dd SIN :91eaS ld]JJOD IVIAn NmAn7V 3n11VN OV8 aNVS a0 WnInnIIV 3AliVN /M Il13NOV8 (1VN0lld0) 3NV88W3W 3I8V3Wa3dWl 'ui� HSV 0 03IIV1SM N3HM NOLV1N31a0 MIA N011035 M M w W> W F- a o Lu 0 W m m m m o x LU Z O J b W Q W b wm m z 9 UU TYPICAL LAYOUT FOR STREAMS AND RIVERS TO BE PLACED DOWNSTREAM OF ANY EQUIPMENT WORKING IN THE WET RIVER FREEBOARD MIN, 0.25H WET oa CHANNEL BOTTOM WATER- FILLED COFFER DAM SECTION V IEW Scale: NITS WORK AREA SHORE ANCHOR PTS. OIL BOOM RAPID POOL BOOMS PID Scale: NTS WATER BARRIER. SHEETING ABOVE 8513 IMPERMEABLE MEMBRANE AS NEEDED FILL OR UNDISTURBED TO 8510 ELF. LAKE BE 1 EMBED 24" MATERIAL IF BACKFILLED ,J TYPICAL LAYOUTS STREAMS AND RIVERS STREAM FLOW ANCHOR PT. SHORELINE LIMITS OF CONSTRUCTION 1 WET DRY 1 SHORELINE FILL AREA ANCHOR PT. WATER— FILLED I \MIN CLEARANCE SEE SPECIFICATIONS COFFER DAM WATER- FILLED COFFER DA PLAN VIEW Scale: NITS APPROX. LIMIT OF EXCAVATION DRIVE TO REFUSAL OR 8504 STAGNANT WATER RETAINING SHEET P ILING Scale: NITS z 0 y w rc I 0 a a O J m a F- w o W F- 0 0 SHEET 09 O 09 .0 i0 0l 133HS C) z O m --I a CD r m O A m O cn 03 z O o D c z z 1 'SOMINV1S kdisnONI ONV SlUmn000 103rOdd 318VOIlddV 213d ONLS31 IVld31VW TV AlddV IIVHS 801OV211NOO :9NI1S31 '313210NOO 21012131X3 TV NOA ISd 009'b i0 H19N3NiS 3AISSAMOO 'AVO -9Z TmNINIW V A3103dS '£ '1VR131VW Sf10I111N3W30 3H1 30 1N30N3d OZ SV S3XIW 313HONOO 11012131X3 NI HSV Ali 3 3dA1 30f110N1 'Z 'S3XIW 313NONOO WWiX3 801 1HO13M A8 WO 30 OliVd 1N3W30/831VM Wf1WIXVW V ONINIVINIVW l :N0110310Nd SNPMVdS 90- o 'NIIN19N3 IVNnion2llS V A8 03d013A30 ' 38 01f10HS S8VIS x0013 NI 1N3W30a03N138 1331S ONV '01411NIOr 'SS3NN01H1 9VlS 2103 SN011VN301SN00 n ivdni0f1211S NO 03SVO SNOIIVON3WW003N '03080JN13N A13ivn03(lV 38 ainOHS dWV8 3H1 '9 m '9NINOV2IO BVIS 2101 IVI1N310d 3Hl 3SV3210NI TIM S1NIOr 10211NOO i0 NOI13nN1SN00 NO 1N3W30VId N3dONdAl 3H1 'S32UllV3i YOM d3H10 NO 'SOVOI OIi3V211 H91H 'SNOIIISNVNi SS3NN01Hl 'S3dOIS 1NVOI3INOIS 'S011Vd HAIM Ol HION31 1491H H11M SSVlS ONV 'SN3NNOJ 1NVNiN3321 210 S1f10 -N0018 NWf1100 lV ''0'3 'S3A2U10 80 S83NNOO NOI2131NI 1181HX3 SOVIS 383HM SV3dV 01 N3A10 39 0InOHS NOIS30 1NIOr 8V1S NI NORNMV 21Vif101121Vd 'WS 3Hl 30 3Sf1 03SOdONd 0NV NOLLvNnO13NOO 3Hl 10313321 MnOHS ONV 'SWf1WINIW misnONI IVOI&I NVHl S1NIOr d3d330 NO IVNOI1100V '1N3nO3NJ 3NON iNinOh z AVW NOIS30 SVIS NO 03SV8 1f10AVl 1NIOr '3Sf1 OVIS 03SOdONd 3H1 01 O31VI321 SNOiOV3 a3H10 SV ll3M SV 'SOVOI 0311ddV ONV NOISN31 '9N idno '39VHNINHS 313NON00 W0213 Dllai 1S321 911IN0V210 2103 1Nf1003V O1f10HS S1NIOr H0f1S 30 N011 ndlSN00 ONV NOIS30 3Hl 'ONI1NIOr 031VIOOSSV 0NV '30VN0- NO -SWS 313dONO3 31 06 JO N0110f18lSNO0 ONV NOIS30 N3dONd 2103 S3NII30In 301AONd Won A211Sf10Nl N3H10 ONV OlHSVV '13V z it 8 8 WVO 2133300 A d210dW31 'S1NIOr IONINOO 03iondlSNOO ONV 03NOIS30 AIN3dOdcl HIM 0301AOdd 38 ainOHS SOVIS 31380NOO 'S o G) 31 £L£ NIVIdnO ALTO ani 'SNOIIVOI3103dS NOIS30 8VIS ONV SOaVONV1S N m m it 19l 30N33 1lIS misnONI 318VOIlddV HAM 3ONVON000V Ni 0321(10 0NV a310f1211SNOO 38 ainOHS 30"O- NO -SMS 313NONOO 'b N w n x° m D Z c 11N(1 'A11118V1S 3A31HOV 01 A21VSS303N 38 AVW lVld31VN All1NVf1 SW311 10211N00 NOIS0213 m > u - r „Nnd lld i0 SHld30 d31V3a9 dO /ONV S3111X31039 NOIIVZ1118VIS - 318V1S 38 ism 030Vid SI 8VlS 3H1 o 0 o p A0 99 311SN0 31SVM - (30V219 9NIlSIX3 W0213 lVIa31VW 31SVM HOIHM NO 30V3af1S 3H1 '1VIN31VW „Nn8 lid„ 03131SN30 HAM 030V1d3N ONV 031VAVOX3 39 OInOHS 1SVO 38 o m OW -m o c 3S O60'l „bZ) 0R18Vi 2131113 TIM WS V H01HM NO 30Vi21f1S 03i1Vd321d 3Hl NO 03SOdX3 S1tl12131VW 3l8VlIflSNfl 3SIMa3H10 210 LiOS 3SOOl '£ w w o D Z A0 ZZ 21313WVI0 Ol d(1 ' - Sa301f109 ON3 dWV21 1V09 ” - N01103S 1113 ,Nn8 lld 03NVd3dd A183dONd V NO ONNV38 SOVIS 313NON00 o '< - AO £Z „9t „9 S301S dWVN 1V08 - H1d30 „9l 'S(1NIW 1VIdhM ONliSIX3 1113NOV8 30 NOIS30 803 03Sf1 38 ),VA 301 99 30 (AA) NOLOVIN 30V2199f1S 30 Sf11f100W IV01183A 3I9VMOIIV NV - Z zI A0 9 „Zl, S301S dWVN 1V08 - Hid](] 'S1NIW IVI2131VW ONIISIX3 1113XOV9 L HONI i0 2130210 3H1 NO 38 Ol BVIS 3H1 'NOI103S „8 „9 30 1N3W31113S NOliDA81SN00 - 1SOd 31VWI1S3 3M V H0f1S NO 030V1d 'SS3NX01Hl NI 1003 Z 1SV31 1V AO 99 BVIS MO138 - Sf1NIW ,9 '1V1831VW iNOdW1 IVld31VW And lld S1NIW HONI - 9„ 30 NOI103S 03131SN30/0310VdW00 Al213d021d V NO dV38 OInOHS OVIS 3H1 1 A 313NONOO dWV21 'SltlIa31VW lll3 2JVlf1NV219 NO llNn A llNVn SW311 N011 ndISNOO 030V1d N0110f1NISNOO OVIS 2103 03AN3S80 38 01f10HS M0138 031NIS3dd V1831NO N0110f1211SN00 0NV N91S30 3H1 M c _; S31111NVfl WN3IVW lll3 MnNV2 NO SNINV330 OM Q tXC AVAT3NG �w P.O. Box 4870 Eagle, CO 81631 r 4 Ph. 970- 323 -173 Fax 970 - 328 -1735 To: Eagle County Engineering Contact: Eva Wilson 328- 3565 Address: P.O. Box 850 Phone: 328 -3560 Eagle, CO 81631 Fax: 328 -8789 Project Name: 2012 Dotsero Landing Boat Ramp Construction Bid Number: Project Location: Dotsero Bid Date: 7/27/2012 'Line # Item Description Estimated Quantity Unit Unit Price Total Price' 1. Base Bid 1 Install Ramp Concrete, 30 CY. 30.00 CY $614.45 $18,433.50 2 Import Material (8" Minus) For Below Slab, 56 CY. 56.00 CY $69.30 $3,880.80 3 Backfill Existing Material 6" Minus, 8" Depth - Boat Ramp 8.00 CY $91.75 $734.00 Sides, 8 CY. 4 Backfill Existing Material 12" Minus, 18" Depth - Boat Ramp 23.00 CY $78.21 $1,798.83 Sides, 23 CY. 5 Boat Ramp End Boulders 6 " -12 ", Up To 18" Diameter, 22 CY 22.00 CY $136.28 $2,998.16 6 Filter Fabric, 1,090 SF. 1,090.00 SF $0.19 $207.10 7 Excavation And Waste Material (24" From Existing Grade) - 66.00 CY $38.29 $2,527.14 Waste Onsite, 66 CY. 8 Silt Fence , 161 LF. 161.00 LF $3.80 $611.80 9 Turbidity Curtain, 313 LF 313.00 LF $2.73 $854.49 10 Temporary Coffer Dam/ Pump And Filtering, 88 LF. 88.00 LF $116.06 $10,213.28 11 Oil Boom, 90 LF. 90.00 LF $5.70 $513.00 12 Refegetation, 1,000 SF. 1,000.00 SF $0.83 $830.00 13 Mobilization 1.00 LS $6,137.69 $6,137.69 14 Survey 1.00 LS $1,000.00 $1,000.00 Total Price for above 1. Base Bid Items: $50,739.79 Supplemental Work Items 15 Haul Off Of Unsuitable Material 16.00 CY $13.00 $208.00 16 6" Minus Backfill Material 8.00 CY $91.75 $734.00 17 12" Minus Backfill Material 8.00 CY $78.21 $625.68 18 6" - 18" Boulders 8.00 CY $136.28 $1,090.24 Total Price for above Supplemental Work Items Items: $2,657.92 Total Bid Price: $53,397.71 Notes: • B &B acknowledges reciept of Q&A provided by Eagle County. • B &B anticipates 15 working days to complete proposed scope of work. Payment Terms: EXHIBIT b a 8/4/2012 9:17:12 AM Page 1 of 2 ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory and Oldcastle SW Group Inc. D • .a. B &B Excavating are hereby accepted. Buyer: Signature: Authorized Signature: .4111, ‘ Date of Acceptance: Estimator: Cbair 8/4/2012 9:17:12 AM Page 2 of 2 GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION OF THE DOTSERO LANDING BOAT RAMP ARTICLE 1 — DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: ADDENDA: Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding documents or the Contract Documents. AGREEMENT: The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. APPLICATION FOR PAYMENT: The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payment, and which is to include such supporting documentation as is required by the Contract Documents. BID: The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. BONDS: Bid, performance, and payment bonds, and other instruments of security. CHANGE ORDER: A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement. CONTRACT DOCUMENTS: 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 (as provided in paragraph 3.2 of the agreement), or the date stated in the Agreement for the completion of the Work. CONTRACTOR: The person, firm, or corporation with whom OWNER has entered into the Agreement. DAY: A calendar day of twenty -four hours measured from midnight to the next midnight. DEFECTIVE: An adjective which, when modifying the word "Work," refers to Work that is unsatisfactory, faulty or deficient, or does not meet the requirements of any inspection, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final payment or prior to the guarantee period under paragraph 4.6 of the Agreement. DRAWINGS: The drawings which show the character and scope of the Work to be performed, and which have been prepared or approved by ENGINEER, and are referred to in 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. EXHIBIT ENGINEER: The Eagle County Engineer. FIELD ORDER: A written order issued by ENGINEER which orders minor changes in the Work in acco - dance with paragraph 10.1 of the General Conditions, but which does not involve a change in the Contract Price or the Contract Time. MODIFICATION: A written amendment of the Contract Documents signed by both parties. A modification may only be issued after the effective date of the Agreement. The Contract Documents only create a contractual relationship between Owner and Contractor. 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 ENGINEER) fixing the date on which the Contract Time will commence to run, and on which CONTRACTOR shall start to perform his obligation under the Contract Documents. OW ER: The public body or authority, corporation, association, partnership, or individual with whom CO TRACTOR has entered into the Agreement, and for whom the Work is to be provided. PR JECT: The Dotsero Landing Boat Ramp. 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. RE DENT PROJECT REPRESENTATIVE: The authorized representative of ENGINEER who is ass ned to the site or any part thereof. SH P DRAWINGS: All drawings, diagrams, illustrations, schedules, and other data which are spe fically prepared by CONTRACTOR, a subcontractor, manufacturer, fabricator, supplier, or distributor to it strate some portion of the work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer, fabricator, supplier, or distributor and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. SPECIFICATIONS: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. SUBSTANTIAL COMPLETION: The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by his definitive certificate of substantial completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 4.2 of the Agreement. The terms "substantially comnlete" and "substantially completed" as applied to any Work refer to substantial completion thereof. WORK: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing and incorporating materials and equipment into all construction, all as required by the Contract Documents and includes all labor, materials, equipment and services provided or to be provided by CONTRACTOR or to fulfill CONTRACTOR'S obligations. 2 ARTICLE 2 — PRELIMINARY MATTERS COMMENCEMENT OF WORK NOTICE TO PROCEED: 2.1 The Work is to commence upon issuance of a Notice to Proceed by OWNER. No Work shall be done at the site prior to the date on which a Notice to Proceed is issued. BEFORE STARTING CONSTRUCTION: 2.2 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, or discrepancy which CONTRACTOR may discover; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, or discrepancy in the Drawings or Specifications, unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 2.3 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates of insurance (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Article 5. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT AND REUSE INTENT: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. They may be altered only by a Modification. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall report it to ENGINEER in writing at once and before proceeding with the Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflicts, error, or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 3.3 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 thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the specifications or drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well -known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with such meaning. 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 ENGINEER, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER. 3.5 The Contract Documents will be governed by the laws of the State of Colorado. 3 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 thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on =tensions of the Project, or any other project, without written consent of OWNER and ENGINEER, and specific written verification or adaptation by ENGINEER. ARTICLE 4 — AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS: 4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures, or permanent changes in existing facilities, will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER'S furnishing these lands or easements entitles him to an extension of the Contract Time, CONTRACTOR may apply to OWNER for an extension of time. 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 ENGINEER 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 ENGINEER in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. ENGINEER will promptly review those conditions and advise OWNER in writing if further investigation or tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional investigations and tests, and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such investigations or tests indicate that there are subs rface 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 Oreserve the established reference points, and shall make no changes nor relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for replacement or relocation of such reference points by professional qualified personnel. 4 ARTICLE 5 - INSURANCE: 5.1 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 Agreement, 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 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. 5.1.1 Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts; 5.1.2 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; 5.1.3 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; 5.1.4 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 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 5.1.1) shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 Aggregate: $2,000,000 and shall be furnished in types specified as follows: 5.1.5 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 . 5.16 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 performed for the CONTRACTOR by Subcontractors. 5.1.7 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 5.1.8 Comprehensive Automobile Insurance shall be carried in the amount of $500,000 /$1,000,000 for bodily injury and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 5.2 Subcontractor's Insurance: Before permitting any of his Subcontractors to perform any Work under this Agreement, 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 type and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the apprfval of the OWNER, or (b) insure the activities of his Subcontractors in his own policy. 5.3 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 OWVER as an additional insured under CONTRACTOR'S insurance, as more fully required by the Gen ral 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 has 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. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES SUPERVISI DN 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, including any design work performed by CONTRACTOR or its Subcontractors, but CONTRACTOR shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. LABOR, M TERIALS AND EQUIPMENT: 6.3 CO TRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work, and perf nn construction as required by the Contract Documents. CONTRACTOR shall at all times maintain goo discipline and order at the site. 6.4 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of Work. 6 6.5 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required test) as to the kind and quality of materials and equipment. 6.6 All materials and equipment shall be applied, installed, connected,. erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Documents. EQUIVALENT MATERIALS AND EQUIPMENT: 6.7 Whenever materials or equipment are specified or described in the drawings or specifications by using the name of a proprietary item, or the name of a particular manufacturer, fabricator, supplier, or distributor, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers, or distributors may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to ENGINEER to determine that the material or equipment proposed is equivalent to that named. The procedure for review by ENGINEER will be as set forth in paragraphs 6.7.1 and 6.7.2 below as supplemented in the general requirements. 6.7.1 Requests for review of substitute items of material and equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the drawings or specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject of payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all 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 ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, additional data about the proposed substitute. ENGINEER will be the sole judge of acceptability, and no substitute will be ordered or installed without ENGINEER'S prior written acceptance. OWNER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, a special performance guarantee or other surety with respect to any substitute. 6.7.2 ENGINEER will record time required by ENGINEER and ENGINEER'S consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the drawings or specifications occasioned thereby, whether or not ENGINEER accepts a proposed substitute. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S consultants for evaluating any proposed substitute. CONCERNING SUBCONTRACTORS: 6.8 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award, and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award, will be 7 deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective work. If OWNER or ENGINEER, after due investigation, has reasonable objection to any Subcontractor, or other person or organization proposed by CONTRACTOR after the Noti e of Award, CONTRACTOR shall submit an acceptable substitute, and the Contract Price shall be incr ased or decreased by the difference in cost occasioned by such substitution, and an appropriate change orde shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or orga ization against whom CONTRACTOR has reasonable objection. 6.9 CO TRACTOR shall be fully responsible for all acts and omissions of his Subcontractors, and of persons and rganizations directly or indirectly employed by them, and of persons and organizations for whose acts any f them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of p rsons directly employed by CONTRACTOR: Nothing in the Contract Documents shall create a conttactual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any monies due any Subcontractor, or other person or organization, except as may otherwise by required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to COIF TRACTOR on account of specific Work done. 6.10 The divisions and sections of the specifications and the identifications of any drawings shall not control COI'4TRACTOR in dividing the Work among Subcontractors, or delineating the Work to be performed by any pecific trade. 6.11 All ork performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement bet en CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and EN INEER. CONTRACTOR shall pay each Subcontractor a just share of any insurance monies received by NTRACTOR on account of losses under policies issued pursuant to paragraph 5.2 of the General Con itions. PERMITS: 6.12 Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of bids. CO TRACTOR shall pay all charges of utility service companies for connections to the Work, and O ER shall pay all charges of such companies for capital costs related thereto. LAWS AN REGULATIONS: 6.13 CO TRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations appl cable to the Work. If CONTRACTOR observes that the specifications or drawings are at variance ther with, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary cha es shall be adjusted by an appropriate modification. If CONTRACTOR performs any Work kno ing, or having reason to know, that it is contrary to such laws, ordinances, rules, and regulations, and with ut such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shay not be CONTRACTOR'S primary responsibility to make certain that the specifications and drawings are ii accordance with such laws, ordinances, rules, and regulations. 8 • USE OF PREMISES: 6.14 CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 6.15 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances, construction equipment, and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. 6.16 CONTRACTOR shall not load, nor permit any part of any structure to be loaded, in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. RECORD DOCUMENTS: 6.17 CONTRACTOR shall keep one record copy of all specifications, drawings, addenda, modifications, shop drawings, and samples at the site in good order and annotated to show all changes made during the construction process. These shall be available to ENGINEER for examination and shall be delivered to ENGINEER for OWNER upon completion of the Work. SAFETY AND PROTECTION: 6.18 CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 6.18.1 all employees on the Work and other persons who may be affected thereby, 6.18.2 all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.18.3 other property at the site, or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property, or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property referred to in paragraph 6.20 or 6.21 of the General Conditions caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the sole fault of drawings or specifications, or to the acts or omissions of OWNER or ENGINEER, or anyone employed by either of them, or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to 9 OWNER and CONTRACTOR, in accordance with Article 12 of the General Conditions, that the Work is acceptable. CONTINUING THE WORK: 6.19 CONTRACTOR shall carry on the Work and maintain the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. INDEMNIFICATION: 6.20 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER, and their officials, agents and employees, from and against all claims, damages, liabilities, 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, liability, loss, or expense is attributable to b . dily injury, sickness, disease, or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom or is caused, in whole or in part, by any negligent act or omission of CO TRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for who e acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Nothing in the contract shall be interpreted that the OWNER waives its sovereign immunity granted under Colorado Governmental Immunity Act or other applicable law. 6.21 In any and all claims against OWNER or ENGINEER, or any of their agents or employees, by any employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20 of the General Conditions shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.1 OWNER shall issue all communications to CONTRACTOR through OWNER OR ENGINEER. 8.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proc°eding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the contract documents. On the basis of such visits and on -site observations, as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the ork, and will endeavor to guard OWNER against defects and deficiencies in the Work. REJECTIN DEFECTIVE WORK: 8.3 EN 4 INEER will have authority to disapprove or reject Work which is defective, and will also have auth ority to require special inspection or testing of the Work as fabricated, installed, or completed. ARTICLE 9 ROLE OF ENGINEER: 9.1 EN t INEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acce . tability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the ork, or the interpretation of the requirements of the Contract Documents pertaining to the execution 10 and progress of the Work, shall be referred initially to ENGINEER in writing with a request for a formal decision which ENGINEER will render in writing within a reasonable time. ARTICLE 10 — CHANGES IN THE WORK 10.1 ENGINEER may authorize minor changes in the Work, not involving an adjustment in the Contract Price, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a field order, and shall be binding on OWNER, and also on CONTRACTOR who shall perform the change promptly. Changes that involve an adjustment to the Contract Price must be accomplished through a written amendment to the Agreement. ARTICLE 11— WARRANTY AND GUARANTEE; TESTS AND INSPECTION; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANTY AND GUARANTEE: 11.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in paragraph 11.11 of the General Conditions. ACCESS TO WORK: 11.2 ENGINEER, ENGINEER'S representatives, other representatives of OWNER, testing agencies, and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access. TESTS AND INSPECTIONS: 11.3 CONTRACTOR shall give ENGINEER timely notice of readiness of work for all required inspections, tests or approvals. 11.4 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested, or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, testing, or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER'S or ENGINEER'S acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation of the Work. The cost of all other inspections, tests, and approvals required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 11.5 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 ENGINEER if so specified). 11.6 If any Work that is to be inspected, tested, or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense, unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR'S intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice. 11 11.7 Neit_ler observations by ENGINEER nor inspections, tests, or approvals by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the Contract Documents. OWNER MAY STOP THE WORK: 11.10 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 caus for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise ' o any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any othe . party. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 11.11 If required by ENGINEER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct any defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work in a manner acceptable to the ENGINEER. TWO YEAII CORRECTION PERIOD: 11.12 If, within two years after the date of substantial completion, or such longer period of time as may be pres ribed by law, or by the terms of any applicable special guarantee required by the Contract Documents, or b any other specific provision of the Contract Documents, any Work is found to be defective, CO TRACTOR shall promptly, without cost to OWNER, and in accordance with OWNER'S written inst ctions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site, nd replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of s ch 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: 12.13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER'S recommendation of final payment,) prefers to accept it, OWNER may do so. In such case, if acceptance occurs prior to ENGINEER'S recommendation of final payment, a change order shall be issued incorporating the necessary revisions in the Contract Price; or, if the acceptance occurs after such reco endation, an appropriate amount shall be paid by CONTRACTOR to OWNER. OWNER M Y CORRECT DEFECTIVE WORK: 11.14 If C NTRACTOR fails, within a reasonable time after written notice of ENGINEER, to proceed to correct defective Work, or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 11.11 of the General Conditions, 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 12 CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER'S representatives, agents, and employees such access to the site as may be necessary to enable OWNER to exercise his rights under this paragraph. All direct and indirect costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an amount verified by ENGINEER, and a change order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required, and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER'S rights hereunder. ARTICLE 12 - FINAL INSPECTION, ACCEPTANCE, PAYMENT AND WAIVER: 12.1 Upon written notice from CONTRACTOR that the Work is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR, and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. 12.2 If, on the basis of ENGINEER'S observation of the Work during construction and final inspection, and ENGINEER'S review of the final application for payment and accompanying documentation, all as required by Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, ENGINEER will, within ten days after receipt of the final application for payment, indicate in writing his recommendation of payment, and present the application to OWNER for payment. Thereupon, ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of article 4 of the Agreement. Otherwise, ENGINEER will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections, and resubmit the application. If the application and accompanying documentation are appropriate as to form and substance, OWNER shall, within thirty days after receipt thereof, pay CONTRACTOR the amount recommended by ENGINEER. 12.3 The making and acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. • 13