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HomeMy WebLinkAboutC15-053 Evans Chaffee Construction Group, Inc. CONSTRUCTION AGREEMENT
THIS C/C� � UCTION AGREEMENT is dated as of the /0 day
of , 2015, by and between Eagle County, Colorado a body corporate and
politic (hereinafter Ailed"County"or "Owner")whose address for purposes hereof is P.O. Box
850, 500 Broadway, Eagle, CO 81631, and Evans Chaffee Construction Group, Inc., a Colorado
corporation licensed to work in the State of Colorado (hereinafter called "Contractor")whose
address for purposes hereof is PO Box 8266,Avon, CO 81620.
Owner and Contractor, in consideration of the mutual covenants set forth herein,agree as
follows:
ARTICLE 1 —THE PROJECT AND THE WORK
1.1 The construction project which is the subject matter hereof is generally described as
follows Eagle County Landfill Scale House located in Wolcott, Colorado (the"Project").
Contractor shall supply and perform all work to complete the Project as specified in the Contract
Documents("Work").
1.2 A more complete description of the Project and a description of the applicable Project site
(the"Site") is provided by the Contract Documents.
1.3 Capitalized terms that are not defined in this Agreement shall have the meanings ascribed
to them in the General Conditions and(or)the other Contract Documents as applicable.
1.4 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 any one 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 the construction of a completed Project in accordance with the terms hereof.
1.5 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, supervision, security,transportation,
utilities, storage, appliances and all other services as and when required for or in connection with
the complete construction of the Project.
1.6 If the Work is taking place on property owned by other federal, state or local
governmental entities, or a public utility or other third party, Contractor shall comply with any
additional terms and conditions required by applicable law and(or)applicable permits.
ARTICLE 2 - OWNER'S REPRESENTATIVE
i �
2.1 The Project is under the authority of the Owner,through the Eagle County Project
Management Department,Rick Ullom, or his designee, shall be Owner's liaison with Contractor
with respect to the performance of the Work.
2.2 Contractor's representative is Chris Evans.
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 Substantially Complete on or before August 28, 2015. Final
Completion such that the Project is ready for final payment in accordance with the
Contract Documents shall occur on or before September 30, 2015 ("Contract Time").
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 September 30, 2015,
without an increase in the Contract Price.
3.3 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the
essence of this Agreement and that Owner will suffer financial loss if the Work is not
substantially complete within the time specified in paragraph 3.1 above,plus any
extensions thereof allowed in accordance with the General Conditions. They also
recognize the delays, expense, and difficulties involved in proving at a legal or
arbitration hearing, the actual loss suffered by Owner if the Work is not substantially
complete on time. Accordingly, instead of requiring such proof, Owner and Contractor
agree that as liquidated damages for delay(but not as a penalty) Contractor shall pay
Owner three hundred fifty dollars ($350)for each day that expires after the time
specified in paragraph 3.1 for completion until the Work is complete. If the liquidated
damages set forth herein are determined to be invalid or unenforceable for any reason,
Owner reserves the right to seek and recover actual, consequential, special damages
which arise or are the result of Contractor's failure to achieve Substantial Completion
on or prior to the date set forth in the Contract Documents.
ARTICLE 4 - CONTRACT PRICE
4.1 Owner shall pay Contractor, for Contractor's performance of the Work under the
Contract Documents, including contingencies, an amount not to exceed Eight Hundred
Sixty Thousand Four Hundred Four dollars ($860,404.00)("Contract Price"or
"Guaranteed Maximum Price"or"GMP").
4.2 Notwithstanding anything in the Contract Documents to the contrary,the Contract Price
includes, without limitation,the entire amount of overhead and profit payable to
Contractor in connection with the Work under the Contractor Documents. Contractor
shall not have the right to, nor shall it seek to recover, any additional compensation for
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overhead or profit. The quantities associated with unit prices may be adjusted as set
forth in the Contract Documents subject to the not to exceed Contract Price. In no event
shall the unit prices set forth in Contractor's Bid Form be adjusted.
4.3 Contractor acknowledges that Owner is a tax exempt entity and that Owner has
appropriated funds for this Project in a sum equal to or in excess of the Contract Price.
4.4 Owner shall pay Contractor for performance of the Work in accordance with the
Contract Documents.
4.5 Pursuant to the provisions of§24-91-103.6, C.R.S., and notwithstanding anything to the
contrary 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 to be performed which Work causes the aggregate
amount payable under the Agreement to exceed the amount appropriated for the original
Agreement, shall be of any force or effect unless accompanied by a written assurance
by Owner that lawful appropriations to cover the costs of the additional Work have been
made or unless such Work is covered under a remedy-granting provision in the
Agreement.
4.6 Intentionally Omitted.
ARTICLE 5 -PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with the General Conditions.
Applications for Payment will be processed as provided in the General Conditions.
5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account
of the Contract Price and as provided in the Contract Documents. All progress payments
will be on the basis of the progress of the Work. Owner shall have the right to request
and inspect supporting documentation for progress payments, including but not limited
to receipts and invoices evidencing payments of charges associated with the Work.
5.2 The period covered by each Application for Payment shall be one calendar month
beginning on the first of each month and ending on the last day of the month.
5.3 Each Application for Payment shall be based upon the unit prices,percentage of
completion, and Contract Price and otherwise in accordance with the Contract
Documents. Each Application for Payment shall show actual quantities incorporated
into the Project for each portion of the Work as of the end of the period covered by such
Application for Payment.
5.4 Prior to Completion, Owner shall authorize partial payments at the end of each calendar
month or as soon thereafter as practicable if Contractor is satisfactorily performing the
Agreement. Progress payments will be in an amount equal to:
95%of the Work completed. The withheld percentage of the Contract Price shall
be retained until the Agreement is completed satisfactorily and finally accepted.
5.5 Progress payments and retained funds shall occur in compliance with the General
Conditions attached hereto and C.R.S. §24-91-103.
5.6 In taking action on Contractor's Applications for Payment, Owner shall be entitled to
rely on the accuracy and completeness of the information furnished by Contractor and
shall not be deemed to represent that(i) Owner has made a detailed examination,audit
or arithmetic verification of the documentation submitted by Contractor; (ii) Owner has
made exhaustive or continuous on-site inspections of the Work; or(iii) Owner has made
examination to ascertain how or for what purposes Contractor has used amounts
previously paid on the Contract Price.
5.7 FINAL PAYMENT: Upon final completion and acceptance in accordance with the
General Conditions, Owner shall pay the remainder of the Contract Price. The final
payment ment 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 sitting as the as sole member of Owner has
held a public hearing thereon and complied with C.R.S. §38-26-107. Final payment
shall be made in accordance with the requirements of the aforesaid statute. Owner shall
make a final settlement in accordance with C.R.S. 38-26-107 within sixty days after the
contract is completed satisfactorily and finally accepted by Owner.
5.8 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.
5.9 Notwithstanding the fact some of the Work may occur on property owned by third parties
that are not governmental entities,the Contractor acknowledges and agrees that payment
shall be made in accordance with C.R.S. 24-91-103 and C.R.S. 38-26-107 and hereby
waives it right to lien the property. Contractor shall include the language of this
paragraph 5.9 in any subcontracts for the Project.
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.
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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. Before
permitting any of his subcontractors to perform any Work under this Agreement,
Contractor shall require each of his subcontractors to procure and maintain such
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.
7.2 Contractor's Bid Form dated December 17,2014 attached as Exhibit A.
7.3 Bid Documents including Request for GMP Proposal dated November 18, 2014
including Invitation for GMP Proposal, Instructions to Bidders, Special Provisions and
Supplementary Information, if any is attached as Exhibit B.
7.4 Construction Plan Set and Basic Requirement Specifications dated November 14, 2014
attached as Exhibit C.
7.5 General Conditions (Pages 1 to 17, inclusive)attached as Exhibit D.
7.6 Soils report prepared by HP Geotech and dated July 31, 2014attached as Exhibit E.
7.7 Energy calculations, Envelope Compliance Certificate dated October 29, 2014 attached
as Exhibit F.
7.8 Intentionally Omitted.
7.9 Addendum(s) One and Two Exhibit G.
7.10 Intentionally Omitted.
7.11 Notice of Award and, if any,Notice to Proceed.
7.12 Intentionally Omitted.
7.13 Any modification, including Change Orders, duly delivered after execution of
Agreement.
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
attachment 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—INTENTIONALLY OMITTED
ARTICLE 9- SUBCONTRACTS AND OTHER AGREEMENTS
9.1 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").
9.2 All Subcontracts shall conform to provisions of this Agreement. Owner shall have the
right to review and approve each form of Subcontract. By an appropriate written
agreement, Contractor shall require the subcontractor to the extent of the Work to be
performed by the subcontractor,to be bound to Contractor by the terms of the Contract
Documents and to assume toward Contractor all the obligation and responsibility which
Contractor, by these Documents, assumes towards Owner. Said agreement shall preserve
and protect the rights of Owner under the Contract Documents with respect to the Work
•
to be performed by the subcontractor so that the subcontracting thereof will not prejudice
such rights. Contractor shall require each subcontractor to enter into similar agreements
with its subcontractors. Contractor shall make available to each proposed subcontractor,
prior to the execution of the subcontract,the Contract Documents to which the
subcontractor will be bound by this paragraph 9.2. Each subcontractor shall similarly
make copies of such Contract Documents available to its subcontractors. Owner shall
have the right to review and approve each form of Subcontract.
9.3 Contractor shall be responsible to Owner for the acts and omissions of its agents,
employees, suppliers, subcontractors performing Work under a contract with Contractor
and such subcontractors' lower-tier subcontractors, agents and employees.
9.4 Nothing contained in the Contract Documents shall be deemed to create any contractual
relationship between any subcontractor of any tier and Owner.
ARTICLE 10 -MISCELLANEOUS
10.1 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 responsibility under
the Contract Documents.
10.2 Owner and Contractor each binds himself, his partners, successors,assigns and legal
representatives to the other party hereto, in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
10.3 Intentionally Omitted.
10.4 Notwithstanding any other provision to the contrary, nothing herein shall constitute a
waiver, express or implied, of any of the immunities, rights, benefits,protection, or
other provisions of the Colorado Governmental Immunity Act, if applicable.
10.5 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.
10.6 This Agreement supersedes all previous communications,negotiations and/or contracts
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.
10.7 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:
Owner: Eagle County
c/o Eagle County Project Management Department
Attn: Rick Ullom
500 Broadway
Post Office Box 850
Eagle, CO 81631
(970) 328-8780 phone
(970) 328-3539fax
Contractor:
Evans Chaffee Construction Group, Inc.
Attn: Chris Evans, President
PO Box 8266
Avon, CO 81620
(970) 845-0466 phone
Notices delivered in person shall be effective as of the date of delivery,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.
10.8 PROHIBITIONS ON GOVERNMENT CONTRACTS:
As used in this Section 10, the term undocumented individual will refer to
those individuals from foreign countries not legally within the United States as set forth
in C.R.S. 8-17.5-101 et. seq. If Contractor has any employees or subcontractors,
Contractor shall comply with these statutory provisions as they relate to undocumented
individuals. By execution of this Agreement, Contractor certifies that it does not
knowingly employ or contract with an undocumented individual who will perform under
this Agreement and that Contractor 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
Services under this Contract.
A. Contractor shall not:
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(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.
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 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://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm
C. Contractor 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 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 Owner 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
(D) 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.
E. 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).
F. If Consultant violates these prohibitions, the Owner 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 Owner as required by law.
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G. The Owner will notify the office of the Colorado Secretary of State if Contractor
violates this provision of this Contract and the Owner terminates the Contract for
such breach.
10.9 Contractor 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.
10.10 Any indemnity,warranty or guaranty given by Contractor to Owner under the Contract
Documents shall survive the expiration or termination of the Contract Documents and
shall be binding upon Contractor until any action thereunder is barred by the applicable
statute of limitations or as otherwise expressly provided on the Contract Documents.
10.11 The signatories to this Agreement aver to their knowledge, no employee of the Owner
has any personal or beneficial interest whatsoever in the Work 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 manner or degree with the performance of the
Work and Contractor should not employ any person having such known interests.
10.12 In the event a change order or amendment to the Contract Documents is agreed to by the
parties,the same shall be in writing and executed by both parties. Signature by Owner
may be made by Owner's project manager, Rick Ullom or Ken Whitehead, Managing
Director or Public Works and Transportation as sole members of Owner so long as such
change orders and amendments are within the Contract Price and for any contingency
allocated to the Project.
- TN S WHEREOF,the parties have executed this Agreement this/Q day of
- , 2015.
"Owner":
at ,r4 COUNTY OF EAGLE, STATE OF COLORADO
By and through its BOARD OF COUNT
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Attest: I -LUJ (I- & -- -32, N E--i 124-,
By; 3
Teak J. Simonton, erk
"Contractor":
Evans Chaffee Construction Group, Inc.
Chris Evans
By•
Its: President
STATE OF COLORADO )
)ss:
CONTY OF EAGLE )
The oregoing instrument was acknowledged before me by & r_r ,
as Vvo°3;(6,r.„1- of (Clv\I)Cfen,6,„3 G,,, this, day
of :Sa0V A""”" , 2015.
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BID FORM
THIS BID IS SUBMITTED TO:
Eagle County Landfill
c/o Eagle County Project Management Department
Rick Ullom, Construction Manager
PO Box 850
Eagle, CO 81631
December 9, 2014
The undersigned Bidder, having examined the site of the proposed Work and having full
knowledge of the conditions under which the Work must be performed, hereby proposes to
enter into a Project Agreement to perform such Work as set forth in the Contract Documents,
of which this Bid forms a part; and agrees to perform the Work construction therein described
on the terms and conditions set forth therein; and will furnish all required labor and materials
and pay all incidental costs associated with such Work, all in strict conformity with the Contract
Documents,for the following prices listed in the Bid form(s) as payment in full.
The undersigned further proposes that should this Bid be accepted, the Bidder will commence
Work on March 16, 2015 and substantially complete the Project on or before August 28, 2015.
The undersigned further agrees, if awarded the Contract for the Work included in this Bid,that
it will begin, complete and deliver the required Work in accordance with the General Conditions
and other Contract Documents.
The undersigned has checked carefully the figures inserted hereinafter by it, and understands
that the Owner will not be responsible for any error or omissions on the part of the
undersigned in preparing this Bid.
The undersigned hereby certifies that this Bid is genuine, and not sham or collusive, or made in
the interest of or on behalf of any person not herein named, and that the undersigned has not,
directly or indirectly, induced or solicited any other Bidder to submit a sham Bid, or induced any
other person,firm or corporation to refrain from Bidding, and that the undersigned has not in
any manner sought by collusion to secure for himself any advantages over any other Bidder.
The only persons interested as principals in this Bid other than the one whose signature is
affixed hereto are to be listed as follows (if there are none, state such fact):
Name: Michele Evans Address: PO Box 8266, Avon, CO 81620
Name: Andy Halminski Address: Same
EXHIBIT
A
•
This Bid shall be valid from the date of submission to the date of an executed Project
Agreement.
In submitting this Bid, the undersigned further acknowledges and agrees that:
(a) the right is reserved by Owner to reject, in its sole discretion, any or all Bids, and to waive
irregularities in Bidding;
(b) the discretion of Owner in the selection of the most qualified, responsible Bidder shall be
final, not subject to review or attack; and
(c) this Bid is made with full knowledge of the foregoing and in full agreement therewith.
Respectfully submitted,
Contractor SEAL
(Bidder) Evans Chaffee Construction Group, Inc. (SEAL)
By(Signature) Digitally signed by
(Title) President Chris Evans
v •,n141917
17:23:24-07'00'
(corporation/incorporated/partnership) (under the law of the State of Colorado composed of
officer, partners or Owner, as follows:
President Chris Evans
Vice President Michele Evanbs
Secretary Andy Halminski
Name of
Contractor Evans Chaffee Construction Group, Inc.
Michele Evans
Treasurer
PO Box 8266
Address
Avon, CO 81620
City State Zip Code
970-845-0466
Telephone Number
1. The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Project
Agreement with the Owner to complete all Work as specified or indicated in the fore
mentioned Project Agreement for the Contract Price and within the contract time stated in
this Bid and in accordance with the General Conditions.
2. Bidder accepts all of the terms and conditions of the Instructions to Bidders. This Bid will
remain open until the effective date of any Project Agreement between the Owner and the
apparent Successful Bidder. The Successful Bidder will sign a Project Agreement and submit
all documents required by the Contract Documents within ten (10)days after the date of
the Owner's Notice of Award.
3. In submitting this Bid, Bidder represents,that:
a. Bidder has received and examined copies of all the Contract Documents and of
the following addenda:
Addenda Date Addenda Number Initial
12/03/14 - Addendum #001
12/05/14 - Addendum #002
b. Bidder has examined the site and locality where the Work is to be performed,
the legal requirements (federal, state and local laws, ordinances, rules and
regulations) and the conditions affecting cost, progress or performance of the
Work and has made such independent investigations as Bidder deems necessary.
4. Bidder will complete the Work for all Bid items listed in the Bid Form.
5. Bidder agrees that the Work will be Substantially Complete on or before August 31, 2015
and Final Completion on or before September 30, 2015 as described throughout these Contract
Documents. Bidder accepts the provisions of the Project Agreement as to liquidated damages
in the event of failure to complete the Work on time. Extension may be made to the Contract
Time at the discretion of the Owner.
6. The following documents are attached to and made a condition of this Bid:
a. A complete detailed 16 division breakdown of pricing that totals to the GMP Bid
Price.
b. A preliminary construction schedule as described in the Instructions to Bidders.
c. Bidders shall submit a list of intended subcontractors for the Project. The list
shall include the company name, contact information, years in business, the
approximate percentage of the Work to be performed, and the services which
will be provided by that subcontractor.
7. Communications concerning this Bid shall be addressed to:
Rick Ullom
email: rick.ullom @eaglecountv.us
phone: 970-328-8780
8. Terms used in this Bid which are defined elsewhere in the Contract Documents have the
same meanings.
9. Bidders shall pay special attention to the following items:
a. Bidders should carefully plan out the Work to complete the Project within the
Contract Time and keep accurate records of items creating delays to production
schedules. Advance planning will be required to prevent the occurrence of
overtime.
b. Payment for overtime required to complete the Work in the Contract Time will
not be authorized unless unforeseen circumstances occur.
c. The unit pricing (Supplement Unit Pricing) is supplied with the Bid Form. These
numbers will also be used for CM/GC overhead and profit to the Direct Cost of
Work as a basis for additions and subtractions from the scope of Work.
d. The quality of Workmanship and materials will be monitored closely by the
Owner and Owner's Representative.
THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract
Documents,the site where the Work is to be performed, local labor conditions and all laws,
regulations and other factors affecting performance of the Work, and having satisfied himself of
the expense and difficulties attending performance of the Work,
HEREBY PROPOSES and agrees, if this Bid is accepted,to enter into a Project Agreement in the
form attached,to perform all work, including the assumption of all obligations, duties and
responsibilities necessary to the successful completion of the Agreement. This agreement shall
also include the furnishing of materials and equipment required to be incorporated in and form
a permanent part of the Work, and all tools, equipment, supplies,transportation,facilities,
labor, superintendence and services required to perform the Work; and all insurance and
submittals;all as indicated or specified in the Contract Documents to be performed or
furnished by Contractor in accordance with the following Bid prices. Bidder must submit pricing
on all scheduled values to be considered.
Bid will be rejected if Bid Form is modified or altered in any way.
Values for each scheduled item shall be written out (typed) in words and numeric format.
GMP BID PRICE— $860,404.00
Total itemized costs for materials, installation,and labor for the project, and two year warranty
as shown on the Construction Drawings. Improvements include, but are not limited to: Eagle
County Landfill Scale House. The two year warranty shall commence for this portion of Work
upon acceptance of this area as being substantially complete.
(Dollars)
I acknowledge that this Bid includes Addendum(s). If
none,so state.
The undersigned Bidder agrees to enter into a Project Agreement with Owner on or about ten
(10) days, after Notice of Award, and further agrees to complete all Work included in the Bid, in
accordance with specified requirements and in accordance with the following estimated
schedule.
Date Task
03/16/15 Start Work
08/28/15 Substantially Complete
09/30/15 Final Completion
Liquidated Damages. Owner and Contractor recognize the importance of establishing and
enforcing deadlines. If the deadlines for deliverables are not met then the Owner could suffer
financial loss. They also recognize the delays, expense and difficulties involved in proving, in a
legal or arbitration proceeding, the actual loss suffered by the Owner if Work is not completed
on time, therefore damages for delays in meeting deadlines for all or portions of the Work as
shown on the Contract Documents or as documented in Project schedules or meeting notes,
shall be assessed at a cost of$350.00 per calendar day for every day late.
PREPARED BY
Signed: Digitally signed
LyCl1rbEvmu
Name Date:2014.12.17
Printed: Chris Evans 17:23:37-O700'
President
Title:
Company: Evans Chaffee Construction Group, Inc.
[End of Section]
BID SUBMITTAL CHECKLIST
The following items shall be included as part of the Bid package. Packages not containing these
items shall be deemed incomplete and will be rejected.
1. Completed Bid Form
2. Detailed 16 division pricing
3. Acknowledgement of Addendums
4. Proposed subcontractor list
5. Proposed Project schedule
6. Supplemental Unit Pricing form
[End of Section]
SUPPLEMENTAL PRICING
All unit/total prices for each of the items listed shall include all costs involved in the
installation of each item or performance of tasks (to include labor and equipment, except
where noted), its pro rata share of profits, overhead, warranty, and administrative fees,
unless otherwise indicated. Refer to technical specifications and plans for exact
description of products. Costs listed below will be the basis of additions and subtractions
to the base Bid amount.
Supplemental Prices for Added Scope of Work
Item Description Unit Unit Price
CM/GC—OVERHEAD AND PROFIT FEE PERCENTAGE 8.83
ALTERNATE NO. 1 DEDUCT: LUMP SUM Deduct$14,678
ALTERNATE NO. 2 DEDUCT: LUMP SUM Deduct$1,274.00 (HC parking only)
ALTERNATE NO. 3 ADD OR DEDUCT: LUMP SUM Add $286.00
Voluntary Alternates:
Alternate #004 - Graber Shades in Lieu of
specified Hunter Douglas Shades: Included in Base Bid Amount
Alternate #005 - STK Cedar in lieu of clear
cedar at fascia Included in Base Bid Amount
Alternate #006 - Standard size Easi-Sery
Window (50" x 54" rather than custom 55" x 55") Included in Base Bid Amount
[END OF SECTION]
4" deleted from scope of work per direction from Owner.
Onsite Export to be removed from site by Owner.
Includes use of Cosella Dorkin Delta-Vent S Weather Barrier per request from Owner.
PROPOSED SUBCONTRACTOR FORM
List subcontractors and suppliers providing services and/or materials to be furnished and a
summarization of the dollar value of each subcontract:
Years in Percentage Contact Person and
Subcontractor Scope of Work Business of Work Phone Number
See attached detailed estimate with sub names.
This is to certify that the names of the foregoing mentioned Subcontractors or material
suppliers are submitted with full knowledge and consent of the respective parties
Bidders: Evans Chaffee Construction group, Inc.
(Name of Company)
Digitally signed
by Chris Evans
By: a Date:2014.12.17 President
(Signature 4„w ....1e)17:23:49-07'00'
Date: 12/09/14
Note: This sheet may be reproduced by the Bidder to list Subcontractors totaling more than
will fit on this page. Certify each sheet as an original sheet and staple additional sheets to this
page.
[End of Section]
12/17/2014 Eagle County Landfill Scale House
.010,. E Va n S
CONSTRUCTION GROUP
a ee
Project Eagle County Landfill Scale House
Job Size 1405 SF
Due Date 12/09/2014 11 am
Start Date 3/16/15
Duration 7 Months
Alternate Activator Mode Selectable
Active Alternates ---Base Estimate---,Custom EasiSery Window,
Graber Shades in Lieu of Hunter Douglas,STK Cedar in lieu of
Clear
Evans Chaffee Eagle County Landfill Scale House Page 1 of 10
_Construction Group Inc. Filter: CSI Hierarchy _ Date:12/17/2014
�._ _.__� ____ Total �_- __ _
Item Item Takeoff Per Unit Grand
Status Description Note Qty Unit Price Total
01-General Conditions
1010-Project Managers
Project Manager 31 week 1,500.00 46,500
Project Managers Total 46,500
1011 -Project Superintendent
Superintendent 31 week 2,500.00 77,500
Project Superintendent Total 77,500
1200-Office Space
Job Office 10 x 24 7 mnth 500.00 3,500
Internet service 7 mnth 125.00 875
Office Space Total 4,375
1220-Office Supplies
Copies,prints,etc. 4,000 each 0.25 1,000
Drinking Water 7 mnth 50.00 350
Office Supplies Total 1,350
1230-Telephone
Project Personnel Cell Phone 7 mnth 150.00 1,050
Telephone Total
1,050
1516-Temporary Sanitation
Temporary Toilet Based on 2 toilets with twice weekly 7 mnth 360.00 2,520
service
Temporary Sanitation Total 2,520
General Conditions Total 133,295
02-Sitework
2050-Demolition
Remove Scale Foundation 1 !sum 3,200.00 3,200
Demolition Total 3,200
2100-Site Preparation
Surveying County to provide local control in 1 lsum 4,500.00 4,500
area of project.
Trash Removal Per Section 1.45.B of Basic note
Requirements: "Owner will provide
dumpsters for waste and recycling
and wave landfill dump fees".
Site Preparation Total 4,500
2200-Earthwork
Mobilization 1 each 1,000.00 1,000
Overlot Cuts,Including Mass, 500 cuyd 5.00 2,500
Layback,and Footer Excavations
Initial Backfill 500 cuyd 5.00 2,500
Over Ex&Footer Backfill 750 cuyd 10.00 7,500
4"Perimeter Drain Deleted per direction from Owner. note
Site Grading 50,400 sqft 0.22 11,200
Onsite Export To be provided by Owner note
Earthwork Total 24,700
2270-Erosion Control
Silt Fencing 600 Inft 2.00 1,200
Straw Wadlles 50 (rift 4.00 200
Erosion Control Total 1,400
2500-Paving and Surfacing
Defining Excellence in Mountain Vail Valletl business of the Year-
Construction 2004 v 2008
Evans Chaffee Eagle County Landfill Scale House Page 2 of 10
Construction Group,Inc. Filter: CSI Hierarchy Date:12/17/2014
_ ______.-- .__ __._ _ __ Total _ .. _ __-.
Item Item Takeoff Per Unit Grand
Status Description Note Qty Unit Price Total
Asphalt Mobilization 1 Isum 2,200.00 2,200
6"Asphalt at Roadways 3,257 sqft 5.97 19,430
Paving and Surfacing Total 21,630
2506-Base Course Materials
Interior Slab Prep 1,450 sqft 1.75 2,538
Exterior Slab on Grade Prep 4,300 sqft 1.75 7,525
Employee Parking Road Base 140 tons 40.00 5,600
Class 2 Under Road 150 tons 40.00 6,000
Class 6 Under Road 150 tons 40.00 6,000
Base Course Materials Total 27,663
2580-Pavement Marking
Pavement Marking 1 Isum 500.00 500
Pavement Marking Total 500
2600-Water Systems
Water Tank 1 Isum 11,500.00 11,500
{ 1-1/4"Procore water line 25 Inft 30.00 750
Water Tanks pump system,alarm Pump in plumbing,Alarms system in note
system tank number
Water Systems Total 12,250
2700-Sanitary Sewerage
Sewer Service-4"SDR35 10 Inft 30.00 300
2500 Gallon Septic Holding Tank 1 each 12,500.00 12,500
Cleanout 1 each 175.00 175
Septic Alarm System Alarm system in tank number note
Sanitary Sewerage Total 12,975
2780-Power
Trenching 525 Inft 12.00 6,300
4"Schedule 40 1,000 Inft 2.00 2,000
Road Cut&Patch 1 Isum 5,000.00 5,000
Power Total 13,300
2900-Landscaping
Hydroseed disturbed areas 15,000 sqft 0.25 3,750
Landscaping Total 3,750
Sitework Total 125,868
03-Concrete
3300 Cast In Place Concrete
Truck Ramp Grade Beams 34 cuyd 480.00 16,320
8"reinforced curb 280 Inft 27.00 7,560
Pier scale foundations By scale contractor note
8"concrete paving Apron portion by Scale Contractor 1,524 sqft 9.00 13,716
8"concrete paving in Scale Contract Apron portion by Scale Contractor -480 sqft 9.00 -4,320
6"Concrete Paving By Scale Contractor note
Cast In Place Concrete Total 33,276
3314-Concrete-Slab on Grade
4"Concrete SOG w/#4 @16"OC EW 6"Concrete 1,313 sqft 5.50 7,222
Concrete-Slab on Grade Total 7,222
3316-Concrete-Sidewalks/Site
Curbs
Parking&Walkway 6"Concrete 738 sqft 6.50 4,797
Heat Pump Slab 6"Concrete 1 each 75.00 75
Defining Excellence in Mountain Vail Valley business of the Year-
Construction 2004&200&
Evans Chaffee Eagle County Landfill Scale House Page 4 of 10
Construction Group,Inc, Filter: CSI Hierarchy Date: 12/17/2014
Total
Item Item Takeoff Per Unit Grand
Status Description Note Qty Unit Price Total I
Lumber-2x8 Total
6112-Lumber-Headers
7-1/4"LVL x 12 Structural Fascia 1 each
7-1/4"LVL x 14 Structural Fascia 3 each
7-1/4"LVL x 16 Structural Fascia 6 each
7-1/4"LVL x 8 Headers 4 each
11-7/8"LVL x 10 Headers 4 each
9-1/2"LVL x 12 Headers 11 each
Lumber-Headers Total
6114-Lumber-4x Materials
6 x 6 x 16' King Posts 7 each
4 x 10 x 8' Blocking for Snowguards 7 each
Lumber-4x Materials Total
6115-Sheathing
Tyvek Weather Wrap 1,280 sqft
Tyvek Weather Wrap 1,170 sqft
Delete 2 rolls of Tyvek -2 each 180.00 -360
Cosella Dorkin Delta-Vent S 3 rolls 800.00 2,400
Rigid Insulation-Extruded 2,450 sqft 1.50 3,675
Polystyrene 1-1/2"
OSB Sheathing 7/16" Exterior Sheathing 1,280 sqft
OSB Sheathing 7/16" Exterior Sheathing 1,170 sqft
Plywood Exterior Sheathing 5/8" Roof Sheathing 65 each
(4x8)
Plywood Interior Sheathing 3/4"(4x8) Electrical Room 3 each
Sheathing Total 5,715
6120-Fascia
Cedar Trim-Clear 2 x 6 Si S2E Fascia 225 !nit
Cedar Trim-Clear 2 x 6 S1 S2E Fascia 225 Inft 1.90 428
Cedar Trim-Clear 2 x 10 S1S2E Fascia 225 [rift
Cedar Trim-Clear 2 x 10 S1 S2E Fascia 225 Inft 4.10 922
Fascia Total
1,350
6129-Mineral Fiber Cement Panels
Hardi Cedar Mill Soffit 4x8-1/4" Soffit quoted as primed Cedarmill, 26 each
non-vented.
Mineral Fiber Cement Panels Total
6190-Wood Trusses
Root Trusses 1,405 sqft 3.54 4,974
Wood Trusses Total 4,974
' 6200-Finish Carpentry
Wood Door Trim supply casing,install doors,casing, 1 !sum 3,091.00 3,091
and hardware:
Windows wood sills in scale office where 1 'sum 1,040.00 1,040
plastic laminate tops have been
eliminated
assume drywall reutrn,sills only,
paint grade millwork finish
Interior Window window jamb,stops,casing,paint 1 [sum 855.00 855
grade millwork finish
Finish Carpentry Total 4,986
6300-Continuous Cleaning
Defining Excellence in Mountain Vail valley business of die Year-
Construction 200.3-&2005
Evans Chaffee Eagle County Landfill Scale House Page 5 of 10
Construction Group,Inc. Filter: CSI Hiera Date:12/17/2014
Total
Item Item Takeoff Per Unit Grand
Status Description Note Qty Unit Price Total
Continuous Cleanup 31 week 400.00 12,400
Continuous Cleaning Total 12,400
Wood and Plastics Total 65,068
07-Thermal and Moisture Protection
7100-Waterproofing
Foundation Dampproofing 740 sqft 1.75 1,295
Foundation Insulation 2"rigid 1,116 sqft 2.50 2,790
Sandblasting&Sealing of Exposed 1 !sum 3,353.00 3,353
Foundation Walls
Waterproofing Total 7,438
7190-Vapor Retarders
Raven VaporBlock VB10 1,313 roll 0.75 985
Vapor Retarders Total 985
7200-Insulation
Insulation per plans&specs R-13 2"polyurethane spray foam& 1,405 Isum 5.71 8,023
R-11 unlaced fiberglass baits to
truss exterior ceilings
R-20 2"polyurethane spray foam to
2x6 exterior walls
Flame Seal TB 15 min thermal
barrier to polyurethane spray foam
at gabled ends
R-11 unlaced fiberglass baits to 2x4
interior walls
R-19 unfaced fiberglass baits to 2x6
interior walls
Foam all windows,doors,&
penetrations
Insulation Total 8,023
7240-Stucco Systems
X Exterior Stucco 480 sqft 8.02 3,850
Stucco Systems Total 3,850
7270-Firestopping
Firestopping
Firestopping Total 1,489 sqft 0.25 372
372
7500-Membrane Roofing
TPO Roofing System Install 4"nailbase(3-1/2"polyiso 1 Isum 19,973.00 19,973
and 7/16"OSB).
Install 24 GA TPO covered steel
flashings at perimeter drip edge,
counterfiash,and roof to wall
locations.
Install polyiso tapered cricket at
designated valley location.
Install pipe flashing at roof pipe
penetration.
Install 60 mil TPO(fully adhered)
over nailbase.Pricing includes
membrane wrap up walls to
termination.
Membrane Roofing Total 19,973
7600-Flashing and Sheetmetal
Flashing&Sheet Metal 1,405 sqft 0.55 773
Defining Excellence in Mountain Vail Valley business of the Year-
Construction zoo+ 2008
Evans Chaffee Eagle County Landfill Scale House Page 6 of 10
Construction Group,Inc. Filter: CSI Hierarchy Date:12/17/2014
. . v_. Total
Item Item Takeoff Per Unit Grand
!Status Description Note Oty Unit Price Total
24 GA factory painted steel 1 'sum 15,953.00 15,953
corrugated wall panels and perimeter
fleshings
Flashing and Sheetmetal Total 16,726
7620-Gutters&Downspouts
Snow Fence 1 Isum 3,589.00 3,589
Half round gutter,round downspouts, 1 Isum 2,285.00 2,285
and heat cable at eave locations
Gutters&Downspouts Total 5,874
7900-Joint Sealers
Joint Sealers 1,405 sgft 2.00 2,810
Joint Sealers Total 2,810
Thermal and Moisture Protection 66,050
Total
08-Doors and Windows
8400-Entrances and Storefronts
Aluminum Storefront Windows FURNISH AND INSTALL EFCO 1 Isum 35,673.00 35,673
325X WINDOWS CLEAR
ANODIZED FINISH, SOLARBAN
60 ON SOLAR BRONZE GLASS#2
SURFACE OVER 1/4"CLEAR
LAMINATED GLASS FOR STC.
CAULKING AT PERIMETER
WINDOWS,
2-EASISERVE WINDOWS
MANUFACTURE STANDARD SIZE
50"X 54"
Please note:Glass specified as
laminated bronze/Low E exterior
lite.We proposed laminated interior
pane and bronze/low e exterior
pane.STC rating is equal.Cost is
less.
Custom size Easi-Sery Window Base bid includes standard 1 Isum 1,200.00 1,200
Easi-Sery Window sized at 50"x
54". This is an add to go to the
stated size of 55"x 55".
Standard size Easi-Sery Window Base bid includes custom size -1 Isum 1,200.00 -1,200
Easi-Sery windowat 55"x 55". This
deduct reduces size to standard size
of 50"x 54"
Entrances and Storefronts Total 35,673
8700-Door Hardware
Wood Doors 8 each
Metal Frames 1 each
Metal Doors 1 each
Hardware 1 lot
Supply of above items 1 Isum 7,586.00 7,586
Metal Door Installation 1 each 150.00 150
Metal Frame Installation 1 each 150.00 150
Wood Door Installation In Trim Number note
Hardware installation In Trim Number note
Door Hardware Total 7,886
Doors and Windows Total 43,559
Defining Excellence in Mountain Vail Valley'business of the Year-
Construction 200-1-&2008
Evans Chaffee Eagle County Landfill Scale House Page 7 of 10
Construction Group,Inc. Filter: CSI Hierarchy Date:12/17/2014
___ Total -----
Item Item Takeoff Per Unit Grand
Status Description Note Qty Unit Price Total
09-Finishes
9250-Drywall
Hang.tape&finish drywall GWB,5/8"with Square Corners and 1 Isum 7,649.00 7,649
Medium One step Hand Trowel
Texture
GWB Window Returns(Shim to
1/4")
Misc Patch&Repair 1,489 sqft 0.50 745
FRP at Janitor's Closet 45 sqft 6.50 293
Drywall Total 8,686
9310-Ceramic Tile
Ceramic Tile 1 Isum 4,160.00 4,160
Ceramic Tile Total 4,160
9502-Acoustical Ceiling Installation
ACT Ceilings ACT ceilings are figured to be 1,160 sqft 3.75 4,350
Armstrong Prelude,2x4,white grid
framing with#769 Cortega tile
Acoustical Ceiling Installation Total 4,350
9650-Flooring&Finishes
Rubber Base 1 Isum 724.00 724 ,1
Floor Prep 1 Isum 527.00 527
Plank Flooring Supply and install Du Chateau LVT 1 Isum 2,514.00 2,514
throughout the project as specified.
Approximately 400 square feet.
Plank Flooring Install owner supplied LVT 1 Isum 2,070.00 2,070
throughout the project as specified.
No material warranty will be given
due to the unknown nature of the
storage of this material.
fi Flooring&Finishes Total 5,835
9900-Painting
Interior&Exterior Paint&Stain 1,405 sqft 3.70 5,200
Painting Total 5,200
•
9971 -Floor Protection
Protect Finishes 1,405 sqft 0.75 1,054
Floor Protection Total 1,054
9990-Final Clean
Final Cleanup 1,405 sqft 0.65 913
Final Clean Total 913
Finishes Total 30,198
10-Specialties
10440-Interior Signs
Interior Signs-Material Allowance Per 1.9D og General Requirements 1 Isum 300.00 300
Install Interior Signs Install by Super note
Interior Signs Total 300
10520-Fire Protection Specialties
Fire Extinguisher-10 lb BC 2 each 65.34 131
Dry/Chemical
Fire Protection Specialties Total 131
10800-Toilet and Bath Accessories
Defining Excellence in Mountain Vail Valley Business oft}le Year-
Construction 200-1-&200s
Evans Chaffee Eagle County Landfill Scale House Page 8 of 10
Construction Group,Inc. Filter: CSI Hierarchy --- Date:12/17/2014
Total
1 Item Item Takeoff Per Unit Grand
I Status Description Note Qty Unit Price Total
Bath Hardware Installation By Super note
Grab Bars Stainless Steel-Wall Bobrick B-6806x18 1 each 25.00 25
Mntd 1-1/2"x 18"-Inst Grade
Grab Bars-Stainless Steel-Wall Bobrick B-6806x36 1 each 25.00 25
Mntd 1-1/2"x 36"-last Grade
Grab Bars-Stainless Steel-Wall Bobrick B-6806x42 1 each 30.00 30
Mntd 1-1/2"x 42"-Inst Grade
Double Roll TP Dispenser Bobrick B-6867 1 each 75.00 75
24"x 36"Mirror Bobrick B-165 2436 1 each 75.00 75
Paper Towel Dispensers Bobrick B-262 1 each 50.00 50
Mop/Broom Rack in Janitors Closet Bobrick B-239x24 1 each 250.00 250
Coat&Hat Hook Bobrick B-6827 6 each 35.00 210
Toilet and Bath Accessories Total 740
Specialties Total 1,171
11 -Equipment
11002-Job Super Vehicle
PM Vehicle 1,560 miles 0.55 858
Job Super Vehicle Total 858
11170-Truck Scales
Phase I Cardinal Model 13570-EPR 1 Isum 66,097.00 66,097
70'x 11'Steel Deck
4"Pipe Side Rails
Cardinal Model 225 Digital Indicator
Cardinal Model SB 500 Remote
Scoreboard w/Traffic Control
Foundation Construction
Phase II Phase II: Remove&Reinstall 1 (sum 18,500.00 18,500
Existing Truck Scale.
Includes-Foundation Construction
Remove&Reinstall Scale
Setup/Test/Calibrate
Truck Scales Total 84,597
11800-Equipment Rented
{ Install Fencing 200 'nit 3.00 600
TBG Chain Link Fence per LnFt Based on 6 month rental 200 tuft 12.00 2,400
Equipment Rented Total 3,000
Equipment Total
88,455
12-Furnishings
12300-Manufactured Casework
Kitchenette plastic laminate fronts,white 1 Isum 4,602.00 4,602
melamine interiors,with.5 mm
plastic edge banding,melamine
drawer cases with full extension
hardware,plastic laminate top
Scale Office plastic laminate fronts,grey 1 Isum 4,715.00 4,715
melamine interiors,with 3 mm
plastic edge banding,melamine
drawer cases with full extension
hardware,finished end panels,
plastic laminate top with"T"edge
Manufactured Casework Total 9,317
12510-Blinds
Window Shades includes covering eight(8)windows 1 Isum 5,610.70 5,611
Defining[xcellcnce in Mountain Vail Valley business of the Year-
Construction 2.004&2008
•
Evans Chaffee Eagle County Landfill Scale House Page 9 of 10
Construction Grote,Inc. Filter: CSI Hierarchy Date:12/17/2014
Total
Item Item Takeoff Per Unit Grand
Status Description Note Qty Unit Price Total
in the Scale Office with
MechoSystems'MechoShade
Manual Roller Shades utilizing
ThermoVeil 2100 Series fabric with
10%openness(drawing A-70
specifies Euroveil but that fabric is
only available in 2%,3%,&5%
openness).The Mechoshades
include supply of extruded aluminum
fascia.The remaining six(6)
windows are treated with
Hunter Douglas Duette Cellular
Shades with Classic fabric and 3/4"
single cell pleat size.
Window Shades includes covering eight(8)windows -1 !sum 5,610.70 -5,611
in the Scale Office with
MechoSystems'MechoShade
Manual Roller Shades utilizing
ThermoVeil 2100 Series fabric with
10%openness(drawing A-70
specifies Euroveil but that fabric is
only available in 2%,3%,&5%
openness).The Mechoshades
include supply of extruded aluminum
fascia.The remaining six(6)
windows are treated with
Hunter Douglas Duette Cellular
Shades with Classic fabric and 4"
single cell pleat size.
Window Shades Alternate Quote is based on your 1 sum 4,673.01 4,673
plans and specifications for covering
eight(8)windows in the Scale Office
with MechoSystems'MechoShade
Manual Roller Shades utilizing
ThermoVeil 2100 Series fabric with
10%openness(drawing A-70
specifies Euroveil but that fabric is
only available in 2%,3%,&5%
openness).The Mechoshades
include supply of extruded aluminum
fascia.The remaining six(6)
windows are treated with Graber
CrystalPleat Cellular Shades with
Daydream fabric and?a"single cell
pleat size.
Blinds Total 4,673
Furnishings Total 13,990
15-Mechanical
15400-Plumbing
Plumbing 1,405 sqft 14.05 19,735
Fixtures 1 Isum 3,000.00 3,000
Plumbing Total 22,735
15500-HVAC
HVAC 1,405 sqft 25.66 36,050
HVAC Total 36,050
15880-Radon Mitigation Systems
X Radon Mitigation System 1 [sum 2,500.00 2,500
Radon Mitigation Systems Total 2,500
pefiningg Excellence in Mountain Vail Valley business of tke Year-
Construction 2004&2008
Evans Chaffee Eagle County Landfill Scale House Page 10 of 10
Construction Group,Inc. Filter: CSC Hierarchy Date:12/17/2014
Total
Item ,Item Takeoff Per Unit Grand
Status Description Note Qty Unit Price Total
Mechanical Total 61,285
16-Electrical
16000-Electrical
Electrical Based on Alternate fixture package 1,405 sqft 37.36 52,496
based on note on sheet E3.0.
Low Voltage Cat 6 Cabling Included in electrical note
Electrical Total 52,496
16700-Communications
Fire Alarm 1.00 Silent Knight Alarm Panel 1,405 sqft 5.38 7,561
SK-5700
2.00 System Sensor Ceiling H/S
2wir PC2R
1.00 System Sensor HS
Weatherproof P2RK
8.00 Silent Knight SD505APS
SMOKE SD505APS
8.00 Silent Knight SD505-6AB BASE
SD505-6AB
1.00 System Sensor Ceiling H/S
2wir PC2R
4.00 Silent Knight SD500MIM
SD500MIM
1.00 Engineering&Submittals
Engineer
1.00 Permit Fees Permit
1.00 Knox Box Recessed
W/Tamper 3221-KB
1.00 Silent Knight HEAT
DETECTOR
Communications Total 7,561
16850-Electric Resistance Heating
Heat Trace Included in electrical scope of work. note
Electric Resistance Heating Total
Electrical Total 60,057
Grand Total 1,405 SF 538.27 756,275
Contractor's Contingency 19,028
Contingency per 1.10 of Basic Req. 15,000
Winter Conditions Allowance
Subtotal 790,303
Builder's Risk 3,082
2 Year Warranty 3,952
Subtotal 797,337
Commetcallnsu3"anc s 20.047
Contra tors Fee 43,020
Total Estimate 860,404
Defining Excellence in Mountain Valle j business of the Year-
Construction 2004&2008
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Request for GMP Proposal
FOR
Eagle County Landfill, Scale House Wolcott, Colorado
November 18, 2014
GMP TO BE RECEIVED BY
December 9, 2014
BIDS TO BE SENT TO:
Project Management
Rick Ullom
PO Box 850, Eagle, CO 81631
3289 Cooley Mesa Road, Gypsum, CO 81637
EXHIBIT
TABLE OF CONTENTS
List of Drawings
Invitation for GMP Proposal
Instructions to Bidders
Bid Form
Bid Submittal Checklist
Supplemental Unit Pricing
Proposed Subcontractor Form
Bidder Qualifications
Sample Agreement
General Conditions
Specifications
LIST OF CONSTRUCTION DRAWINGS
The following is a complete list of the construction drawings that are included in the Bid
Package (the "Construction Drawings").
Sheet No. Sheet Name Most Current Date
G-00 Title Sheet 11-14-14
C-1 Civil Cover Sheet 11-14-14
C-2 Site Plan 11-14-14
C-3 Utility Plan 11-14-14
C-4 Grading Plan 11-14-14
C-5 Parking Area And Concrete Plan 11-14-14
C-6 Entrance And Exit Scale Profiles 11-14-14
C-7 Cross Sections And Details 11-14-14
X Utility Tanks 11-14-14
A-00 Hardscape Plan 11-12-14
A-10 Floor Plan 11-12-14
A-11 Roof Plan, Details 11-12-14
A-12 Reflected Ceiling Plan, Details 11-12-14
A-20 Exterior Elevations, Building Sections 11-12-14
A-21 Exterior Elevations 11-12-14
A-30 Building Sections 11-12-14
A-40 Wall Sections 11-12-14
A-50 Interior Elevations 11-12-14
A-51 Interior Elevations 11-12-14
A-60 Details 11-12-14
A-61 Details 11-12-14
A-70 Schedules 11-12-14
51.1 Structural General Notes Legend and Sheet Index 11-14-14
52.1 Foundation& Floor Framing Plan 11-14-14
52.2 Roof Framing Plan 11-14-14
53.1 General Foundation & Floor Details 11-14-14
S4.1 Roof Framing Details 11-14-14
5-5 Truss Profiles 11-14-14
M1.0 Mechanical Specs&Schedules &Sequence 11-14-14
M2.0 Main Level HVAC Plan 11-14-14
P1.0 Plumbing Legend Schedules& Details 11-14-14
P2.0 Main Level Plumbing Plan 11-14-14
E1.0 Electrical Legend, Specs& Details 11-14-14
E1.1 Electrical One-Line& Details 11-14-14
E2.0 Power Systems& Lighting Plan 11-14-14
[End of Section]
GMP Proposal
GMP Issue Date: November 17, 2014
Project: Eagle County Landfill, Scale House
Project Location: 815 Ute Creek Road, Wolcott Colorado
GMP Proposal for the Project must be sent to Rick Ullom, Construction Manager,to the Project
Management Department, 3289 Cooley Mesa Road, Gypsum, CO 81637. The GMP Proposal
must be received by 11:00 AM (Mountain Time) on December 9, 2014 in order to be
considered. (Email Proposals will be accepted). All documents submitted with the GMP shall
be clearly marked with the Bidder's name.
Proposals received after the date and time set forth above may be considered non-responsive.
Sole responsibility rests with the Bidder to ensure that their Proposal is received on time at the
stated location.
The Owner of the Project, Eagle County Landfill, (hereinafter referred to as the "Owner")
presently anticipates reviewing the GMP from December 9, 2014 to December 16, 2014 and
issuing a Notice of Award to the Successful selected Contractor on December 19, 2014.
The Successful Contractor will be required to furnish certification of specific insurance
requirements required for contracts with Owner prior to the commencement of any services.
Construction Drawings and the Specifications for the Project are provided electronically from
Menendez. Additional hard copy plan sets can be sent to Bidders upon request at a cost of
$250 per set. Checks must be made payable to "Menendez Architects".
Owner reserves the right, in its sole discretion,to accept or reject any and all Proposals,to
waive any informality or technicality in any Proposal,to negotiate contract terms with a Bidder,
to disregard all non-conforming, non-responsive or conditional GMP Proposal and to postpone
the award of the Project Agreement for a period not exceeding ninety(90) days after the Bid
opening.
Any questions concerning this Proposal shall be directed in writing(e-mail)to:
Rick Ullom, Construction Manager
Email: rick.ullom @eaglecounty.us
"Site"means the physical location of the Project(s).
"Special Conditions"means the specific clauses setting forth conditions or requirements
peculiar to the Project, covering Work or materials involved in the Bid which are not
thoroughly or satisfactorily stipulated in the General Conditions or
Specifications."Supervisor" means Contractor's Supervisor designated under the
Contract Documents.
"Time and Material Authorization" or "TMA" means a document, which will be
provided to Owner by Contractor identifying hourly charges for specific Work to be
performed and equipment to be used to complete the Project.
2. Copies of Contract Documents
a. The Contract Documents consist of the following:
Contract
Contractor's Bid Form
Invitation for Bids and Instructions to Bidders
General Conditions
Construction Drawings
Specifications
Soils Report
Energy Calculations
Bid Schedule Descriptions
Addenda Notice of Award and Notice to Proceed
Change Orders
ECO build Eagle County Efficient Building Checklist
In case of a discrepancy between the documents,the order of precedence is as listed
above.
b. Two sets of the Construction Drawings and the Specifications are provided.
Additional sets will be available electronically through the Owner's Representative,
Rick Ullom. Additional hard copy plan sets can be sent to a Bidder upon request at a
cost of$250.00 per set. Checks should be made payable to "Menendez Architects".
c. Complete sets of Contract Documents shall be used in preparing Bids. Neither
Owner, nor Owner's Representative assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Contract Documents.
d. The Owner reserves the right to issue Addenda. Bidders shall provide an e-mail
address to which the Owner can e-mail the Addenda or notice thereof. In the event
the Bidder does not have an e-mail address,the Bidder shall provide a telephone
a substitute or"or-equal" item of material or equipment may be furnished or used by
Contractor if acceptable to Owner, application for such acceptance will not be
considered by Owner until after the effective date of the Project Agreement.
6. Bid Form
a. Submissions made by email must be followed up by one hard copy the following
day.
b. The Bidder shall submit a completed Bid Form. Bid amounts shall by typed and not
handwritten.
c. Bid Forms shall be clearly printed, so as to be legible. Bids may be disqualified if
they are illegible, as determined by the parties reviewing the Bids.
d. 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.
e. Bids by partnerships must be executed in the partnership name and signed by a
general partner, whose title must appear under the signature, and the official
address of the partnership must be shown below the signature.
f. All names must be typed or printed by the signature.
g. Bidders are required to complete all Bid Schedules with amount to be typed and not
handwritten. If all Bid Schedules are not complete, the Bid will be considered
incomplete and may be rejected in the sole discretion of the Owner. Bids with other
omissions may also be rejected in the sole discretion of the Owner.
h. Alterations of the Bid Form will not be accepted.
7. Submission of Bids
Bids shall be submitted at the time and place indicated in the Invitation for Bid. Bids
shall be submitted via email to rick.ullom @eaglecounty.us or by US Post Office. Mail to
Eagle County Project Management Department,Attention: Rick Ullom, P.O. Box 850,
Eagle, CO 81631 or received at the Project Management Department Office, 3289
Cooley Mesa Road, Gypsum, CO 81637. All documents submitted with the Bid shall be
clearly marked with the Bidder's name, containing the Bid Form, Bid Schedule, Detailed
16 Division Pricing Detail and any other relevant information.
•
8. Modification and Withdrawal of Bids
a. Bids may be modified or withdrawn at any time prior to the opening of the Bids by
submission of an appropriate document executed in the manner that a Bid must be
executed, and delivered to Rick Ullom at the address where Bids are to be submitted.
b. If, within twenty-four hours after the GMP Proposals are submitted, any Bidder files a
duly signed written notice with the Owner and promptly thereafter demonstrates to the
reasonable satisfaction of the Owner that there was a material and substantial mistake
in the preparation of the Bid Proposal,that Bidder may withdraw its Bid.
9. Review of Proposals
a. 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
Bids.
b. All Bids shall remain open for thirty(30) days after the day of the Bid opening, but
Owner may, in its sole discretion, release any Bid and return the Bid Security, if
required, prior to that date.
10. Award of Contract
a. If a Project Agreement is to be awarded, it shall be awarded to the most qualified,
responsible Bidder; however,the Owner reserves the right, in its sole discretion,to
accept or reject any and all Bids,to waive any and all informality or technicality in
any Bid, to negotiate contract terms with a Bidder,to add or delete work on the Bid
and adjust cost accordingly,to disregard all non-conforming, non-responsive, or
conditional Bids and to postpone the award of the Project Agreement for a period
not exceeding ninety(90) days after the Bid opening. Owner may accept a Bid other
than the lowest responsive Bid if it determines in its sole discretion that doing so is
in the best interest of the Project and the County.
b. Discrepancies between words and figures will be resolved in favor of words.
Discrepancies between the indicated sum or product and the correct sum or product
thereof will be resolved in favor of the correct sum or product.
c. In evaluating bids, Owner 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.
d. Owner may consider the qualifications and experience of subcontractors and other
persons and organizations (including those who are to furnish the principal items of
material or equipment) proposed for those portions of the Work as to which the
identity of subcontractors and other persons or organizations must be submitted as
provided in the General Conditions. Operating costs, maintenance considerations,
performance data, and quantities of materials and equipment may also be
considered by Owner.
e. The Owner may conduct such investigations as deemed 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's satisfaction.
f. The Owner reserves the right to reject the Bid of any Bidder who does not pass any
such evaluation to the Owner's satisfaction, in its sole discretion.
g. If applicable,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 Section 8-19-101 and 102, CRS for the
complete provisions regarding the preference.
h. By submitting a Bid,the Contractor acknowledges and agrees that the discretion of
Owner in selection of the Successful Bidder shall be final, not subject to review or
attack and acknowledge that the submittal is made with full knowledge of the
foregoing and in full agreement thereto.
i. If the Project Agreement is to be awarded,the Owner shall give the Successful
Bidder a Notice of Award within forty-five (45) days after the day of the Bid opening
or such other time as may be set forth in the Bid Package.
11. Performance or Other Bonds
INTENTIONALLY OMITTED
12. Signing of Agreement
When the Owner issues a Notice of Award to the Successful Bidder, it will be
accompanied by at least three (3) unsigned counterparts of the Project Agreement.
Within ten (10) calendar days thereafter the Successful Bidder shall sign and deliver
Three (3) fully executed counterparts of the Project Agreement to the Owner.
13. Project Schedule
The Bidder is required to submit with the Bid a proposed construction schedule setting
forth dates for completion of the Work described in the Contract Documents. The
schedule shall indicate the proposed starting and ending dates for the various phases of
the Project and for the various components of the Work. The schedule shall assume a
start date of March 16, 2015, Substantial Completion by August 28, 2015 and Final
Completion by September 30, 2015. The construction schedule will be reviewed when
evaluating the Bids. Therefore,the Bidders should give careful consideration of how
Work can be sequenced to meet or finish sooner than the deadlines set forth in this
paragraph.
14. Liquidated Damages
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THE WORK UNDER THE CONTRACT
DOCUMENTS AND EACH OF THE TIME LIMITS PROVIDED IN THE CONTRACT
DOCUMENTS. Any delay in achieving the date of Substantial Completion as defined in
the Contract Documents shall result in significant monetary loss to Owner. As a result
thereof, Contractor shall pay to Owner as liquidated damages, and not as a penalty,the
amount of$350.00 per calendar day that Substantial Completion is not achieved after
the date of Substantial Completion set forth in the Contract Documents. The parties
hereby agree that liquidated damages are not punitive in nature and represent the
parties' best estimate of the Owner's damages should the Project not be substantially
completed on or prior to the date of Substantial Completion. If the liquidated damages
set forth herein are determined to be invalid or unenforceable for any reason, Owner
reserves the right to seek and recover all actual, consequential and special damages
which arise or result from Contractor's failure to achieve Substantial Completion on or
prior to the date set forth in the Contract Documents.
15. Confidentiality
Bidders should clearly identify any proprietary or confidential commercial data
submitted with a Bid. Such identification may not preclude the release of such
information pursuant to court order or under the Colorado Open Records Act.
Notwithstanding the foregoing, Bidders submitting Bids in response to this Invitation for
Bids acknowledge and agree that if a Project Agreement is awarded, Owner shall have
the right to disclose the information submitted by the Successful Bidder in response to
this Invitation for Bids.
[END OF SECTION]
BID FORM
THIS BID IS SUBMITTED TO:
Eagle County Landfill
c/o Eagle County Project Management Department
Rick Ullom, Construction Manager
PO Box 850
Eagle, CO 81631
December 9, 2014
The undersigned Bidder, having examined the site of the proposed Work and having full
knowledge of the conditions under which the Work must be performed, hereby proposes to
enter into a Project Agreement to perform such Work as set forth in the Contract Documents,
of which this Bid forms a part; and agrees to perform the Work construction therein described
on the terms and conditions set forth therein; and will furnish all required labor and materials
and pay all incidental costs associated with such Work, all in strict conformity with the Contract
Documents, for the following prices listed in the Bid form(s) as payment in full.
The undersigned further proposes that should this Bid be accepted,the Bidder will commence
Work on March 16, 2015 and substantially complete the Project on or before August 28, 2015.
The undersigned further agrees, if awarded the Contract for the Work included in this Bid,that
it will begin, complete and deliver the required Work in accordance with the General Conditions
and other Contract Documents.
The undersigned has checked carefully the figures inserted hereinafter by it, and understands
that the Owner will not be responsible for any error or omissions on the part of the
undersigned in preparing this Bid.
The undersigned hereby certifies that this Bid is genuine, and not sham or collusive, or made in
the interest of or on behalf of any person not herein named, and that the undersigned has not,
directly or indirectly, induced or solicited any other Bidder to submit a sham Bid, or induced any
other person,firm or corporation to refrain from Bidding, and that the undersigned has not in
any manner sought by collusion to secure for himself any advantages over any other Bidder.
The only persons interested as principals in this Bid other than the one whose signature is
affixed hereto are to be listed as follows (if there are none, state such fact):
Name: Address:
Name: Address:
This Bid shall be valid from the date of submission to the date of an executed Project
Agreement.
In submitting this Bid,the undersigned further acknowledges and agrees that:
(a) the right is reserved by Owner to reject, in its sole discretion, any or all Bids, and to waive
irregularities in Bidding;
(b)the discretion of Owner in the selection of the most qualified, responsible Bidder shall be
final, not subject to review or attack; and
(c)this Bid is made with full knowledge of the foregoing and in full agreement therewith.
Respectfully submitted,
Contractor (SEAL)
(Bidder)
By(Signature)
(Title)
(corporation/incorporated/partnership) (under the law of the State of Colorado composed of
officer, partners or Owner, as follows:
President
Vice President
Secretary
Name of
Contractor
Treasurer
Address
City State Zip Code
Telephone Number
1. The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Project
Agreement with the Owner to complete all Work as specified or indicated in the fore
mentioned Project Agreement for the Contract Price and within the contract time stated in
this Bid and in accordance with the General Conditions.
' I
2. Bidder accepts all of the terms and conditions of the Instructions to Bidders. This Bid will
remain open until the effective date of any Project Agreement between the Owner and the
apparent Successful Bidder. The Successful Bidder will sign a Project Agreement and submit
all documents required by the Contract Documents within ten (10) days after the date of
the Owner's Notice of Award.
3. In submitting this Bid, Bidder represents,that:
a. Bidder has received and examined copies of all the Contract Documents and of
the following addenda:
Addenda Date Addenda Number Initial
b. Bidder has examined the site and locality where the Work is to be performed,
the legal requirements (federal, state and local laws, ordinances, rules and
regulations) and the conditions affecting cost, progress or performance of the
Work and has made such independent investigations as Bidder deems necessary.
4. Bidder will complete the Work for all Bid items listed in the Bid Form.
5. Bidder agrees that the Work will be Substantially Complete on or before August 31, 2015
and Final Completion on or before September 30, 2015 as described throughout these Contract
Documents. Bidder accepts the provisions of the Project Agreement as to liquidated damages
in the event of failure to complete the Work on time. Extension may be made to the Contract
Time at the discretion of the Owner.
6. The following documents are attached to and made a condition of this Bid:
a. A complete detailed 16 division breakdown of pricing that totals to the GMP Bid
Price.
b. A preliminary construction schedule as described in the Instructions to Bidders.
c. Bidders shall submit a list of intended subcontractors for the Project. The list
shall include the company name, contact information,years in business,the
approximate percentage of the Work to be performed, and the services which
will be provided by that subcontractor.
7. Communications concerning this Bid shall be addressed to:
Rick Ullom
email: rick.ullom@eaglecountv.us
phone: 970-328-8780
' I
8. Terms used in this Bid which are defined elsewhere in the Contract Documents have the
same meanings.
9. Bidders shall pay special attention to the following items:
a. Bidders should carefully plan out the Work to complete the Project within the
Contract Time and keep accurate records of items creating delays to production
schedules. Advance planning will be required to prevent the occurrence of
overtime.
b. Payment for overtime required to complete the Work in the Contract Time will
not be authorized unless unforeseen circumstances occur.
c. The unit pricing (Supplement Unit Pricing) is supplied with the Bid Form. These
numbers will also be used for CM/GC overhead and profit to the Direct Cost of
Work as a basis for additions and subtractions from the scope of Work.
d. The quality of Workmanship and materials will be monitored closely by the
Owner and Owner's Representative.
THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract
Documents,the site where the Work is to be performed, local labor conditions and all laws,
regulations and other factors affecting performance of the Work, and having satisfied himself of
the expense and difficulties attending performance of the Work,
HEREBY PROPOSES and agrees, if this Bid is accepted,to enter into a Project Agreement in the
form attached,to perform all work, including the assumption of all obligations, duties and
responsibilities necessary to the successful completion of the Agreement. This agreement shall
also include the furnishing of materials and equipment required to be incorporated in and form
a permanent part of the Work, and all tools, equipment, supplies,transportation, facilities,
labor, superintendence and services required to perform the Work; and all insurance and
submittals; all as indicated or specified in the Contract Documents to be performed or
furnished by Contractor in accordance with the following Bid prices. Bidder must submit pricing
on all scheduled values to be considered.
Bid will be rejected if Bid Form is modified or altered in any way.
Values for each scheduled item shall be written out (typed) in words and numeric format.
GMP BID PRICE—
Total itemized costs for materials, installation, and labor for the project, and two year warranty
as shown on the Construction Drawings. Improvements include, but are not limited to: Eagle
County Landfill Scale House. The two year warranty shall commence for this portion of Work
upon acceptance of this area as being substantially complete.
(Dollars)
I acknowledge that this Bid includes Addendum(s). If
none, so state.
The undersigned Bidder agrees to enter into a Project Agreement with Owner on or about ten
(10) days, after Notice of Award, and further agrees to complete all Work included in the Bid, in
accordance with specified requirements and in accordance with the following estimated
schedule.
Date Task
Start Work
Substantially Complete
Final Completion
Liquidated Damages. Owner and Contractor recognize the importance of establishing and
enforcing deadlines. If the deadlines for deliverables are not met then the Owner could suffer
financial loss. They also recognize the delays, expense and difficulties involved in proving, in a
legal or arbitration proceeding,the actual loss suffered by the Owner if Work is not completed
on time,therefore damages for delays in meeting deadlines for all or portions of the Work as
shown on the Contract Documents or as documented in Project schedules or meeting notes,
shall be assessed at a cost of$350.00 per calendar day for every day late.
PREPARED BY
Signed:
Name
Printed:
Title:
Company:
[End of Section]
BID SUBMITTAL CHECKLIST
The following items shall be included as part of the Bid package. Packages not containing these
items shall be deemed incomplete and will be rejected.
1. Completed Bid Form
2. Detailed 16 division pricing
3. Acknowledgement of Addendums
4. Proposed subcontractor list
S. Proposed Project schedule
6. Supplemental Unit Pricing form
[End of Section]
•
SUPPLEMENTAL PRICING
All unit/total prices for each of the items listed shall include all costs involved in the
installation of each item or performance of tasks (to include labor and equipment, except
where noted), its pro rata share of profits, overhead, warranty, and administrative fees,
unless otherwise indicated. Refer to technical specifications and plans for exact
description of products. Costs listed below will be the basis of additions and subtractions
to the base Bid amount.
Supplemental Prices for Added Scope of Work
Item Description Unit Unit Price
CM/GC—OVERHEAD AND PROFIT FEE PERCENTAGE �
ALTERNATE NO. 1 DEDUCT: LUMP SUM
ALTERNATE NO.2 DEDUCT: LUMP SUM
ALTERNATE NO.3 ADD OR DEDUCT: LUMP SUM
[END OF SECTION]
- - _
•
PROPOSED SUBCONTRACTOR FORM
List subcontractors and suppliers providing services and/or materials to be furnished and a
summarization of the dollar value of each subcontract:
Years in Percentage Contact Person and
Subcontractor Scope of Work Business of Work Phone Number
This is to certify that the names of the foregoing mentioned Subcontractors or material
suppliers are submitted with full knowledge and consent of the respective parties
Bidders:
(Name of Company)
By:
(Signature and Title)
Date:
Note: This sheet may be reproduced by the Bidder to list Subcontractors totaling more than
will fit on this page. Certify each sheet as an original sheet and staple additional sheets to this
page.
[End of Section]
[End of Section]
it
INSERT SAMPLE AGREEMENT
[End of Section]
INSERT GENERAL CONDITIONS
II
[End of Section]
•
INSERT SPECIFICATIONS
[End of Section]
III
I
SECTION 01001
BASIC REQUIREMENTS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Summary:
1. Contract description.
2. Phased construction.
3. Work by Owner.
4. Access to Site.
5. Coordination with Occupants.
6. Work restrictions.
7. Specification conventions.
B. Price and Payment Procedures:
1. Cash allowances.
2. Contingency allowances.
3. Testing and inspection allowances.
4. Schedule of values.
5. Applications for payment.
6. Change procedures.
7. Alternates.
C. Administrative Requirements:
1. Coordination.
2. Field engineering.
3. Preconstruction,pre-installation meetings.
4. Progress meetings
5. Cutting and patching.
D. Submittals:
1. Submittal procedures.
2. Construction progress schedules.
3. Product data.
4. Shop drawings.
5. Samples.
6. Manufacturer's instructions.
7. Manufacturer's certificates.
E. Quality Requirements:
1. Quality control. HI�
2. Tolerances.
3. References.
4. Testing and inspection laboratory services. 4°
5. Manufacturer's field services and reports.
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6. Examination.
7. Preparation.
F. Temporary Facilities and Controls:
1. Temporary electricity.
2. Temporary lighting for construction purposes.
3. Temporary heating and cooling.
4. Temporary ventilation.
5. Telephone.
6. Temporary water service.
7. Temporary sanitary facilities.
8. Field offices and sheds.
9. Access roads.
10. Parking.
11. Progress cleaning and waste removal.
12. Project identification.
13. Barriers and fencing.
14. Enclosures.
15. Protection of installed work.
16. Water control.
17. Pollution and environmental control.
18. Removal of utilities,facilities,and controls.
G. Product Requirements:
1. Products.
2. Delivery,handling,storage,and protection.
3. Product options.
4. Substitutions.
H. Execution Requirements:
1. Closeout procedures.
2. Final cleaning.
3. Starting of systems.
4. Demonstration and instructions.
5. Testing,adjusting and balancing.
6. Protecting installed construction.
7. Project record documents.
8. Operation and maintenance data.
9. Spare parts and maintenance materials.
10. Warranties.
1.2 CONTRACT DESCRIPTION
A. Work of the Project includes construction of a new one-story,approximately 1,405
square foot scale office building,one new truck scale and the relocation of the existing
truck scale after commissioning of the building and new scale.
B. Perform Work of Contract under a Guaranteed Maximum Price contract with Owner in
accordance with Conditions of Owner-Contractor Construction Agreement.In the event
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of any discrepancies/conflicts between the specifications and the Instructions to Bidders
Construction Agreement and/or the General Conditions to Construction Agreement,the
Instructions to Bidders,Construction Agreement and General Conditions shall govern.
1.3 PHASED CONSTRUCTION
A. The Work shall be conducted in two phases,with each phase substantially complete as
indicated:
1. Phase I: Scale House Building,new truck scale and associated site work.
2. Phase II:Relocation of existing scale and related site work immediately after
Phase I is completed and the building and new scale are operational
B. Before commencing Work of each phase,submit an updated copy of Contractor's
construction schedule showing the sequence,commencement and completion dates and
move-in date of Owner's personnel for all phases of the Work
1.4 WORK BY OWNER
A. Owner will perform the following work:
1. Excavation Work: Will rough grade to within lft+/-0.5ft of excavation
elevations and over-excavate laterally for foundation formwork and structural fill
under the foundation by 3ft+/-0.5ft. No backfill or compaction by owner.
Contractor will be responsible for all other site work,excavation,backfill,
compaction and fine grading.
2. See Section 1.45 Waste Removal.
3. Blower Door Test noted on the Eagle County Efficient Building Checklist.
4. Infrared Heat Loss Analysis noted on the Eagle County Efficient Building
Checklist.
5. Participation in solar panels farm at an offsite location.
6. Demolition of existing building(has already been performed).
7. Removal/demolition of existing propane tank(has already been performed).
8. Removal of existing water vault.
9. Removal of existing sanitary tank.
10. Installation of fiber optic cables.
1.5 ACCESS TO SITE
A. General: Contractor shall have limited use of Project site for construction operations as
indicated by requirements of this Section.
B. Limit use of Site:Limit use of Project site to work in areas indicated.Do not disturb
portions of Project site beyond areas in which the Work is indicated
1. Limits:Confine construction operations to area of new improvements without
interfering with the truck scale operations that are to remain during construction.
2. Driveways,Walkways and Entrances:Keep driveways and entrances serving
premises clear and available to Owner,Owner's employees,customers and
emergency vehicles at all times.Do not use these areas for parking or storage of
materials
II
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1.6 COORDINATION WITH OCCUPANTS
A. Full Owner Occupancy: Owner will occupy site and adjacent buildings during entire
construction period.Cooperate with Owner during construction operations to minimize
conflicts and facilitate Owner usage.Perform the Work so as not to interfere with
Owner's day-to-day operations.Maintain existing exits unless otherwise indicated
1. Maintain access to existing walkways,corridors,and other adjacent occupied or
used facilities.Do not close or obstruct walkways,corridors,or other occupied or
used facilities without written permission from Owner and approval of authorities
having jurisdiction.
2. Notify Owner not less than 48 hours in advance of activities that will affect
Owner's operations.
1.7 WORK RESTRICTIONS
A. On-Site Work Hours:work hours will not be limited to the Landfill's business hours.
Contractor will be provided with the gate code but all gates shall be closed behind access
entries and exits outside the landfill operation hours.
1.8 SPECIFICATION CONVENTIONS
A. These specifications are written in imperative mood and streamlined form. This
imperative language is directed to the Contractor,unless specifically noted otherwise.
The words"shall be"are included by inference where a colon(:)is used within sentences
or phrases.
1.9 CASH ALLOWANCES
A. Costs Included in Allowances:Cost of Product to Contractor or subcontractor of specific
products and materials selected by Architect under allowance and shall include freight
and taxes.
B. Costs Not Included in Allowances But Included in Contract Sum/Price:Contractor's costs
for receiving and handling at Project site, labor,installation,overhead and profit,and
similar costs related to products and materials selected by Architect under allowance shall
be included as part of the Contract Sum and not part of the allowance.
C. Difference in cost will be adjusted by Change Order.
D. Allowances Schedule:
1. Section 10 4010:Allow stipulated sum of$300 for purchase of identifying
devices(signage)including room name plaques,wayfinding plaques and ADA
plaques.Include address numbers,and installation,in bid in addition to
allowance.
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1.10 CONTINGENCY ALLOWANCES
A. Include contingency allowance of$15,000 in the Contract Sum for unforeseen conditions
or emergencies.Expenditure of the contingency must be expressly approved by the
Owner,in writing,in advance of the expenditure.
1.11 TESTING AND INSPECTION ALLOWANCES
A. Testing and Inspection Allowances:Refer to the Owner-Contractor Construction
Agreement and the General Conditions to Construction Agreement Section 13.4.
B. Include cost of scheduling,coordinating,incidental labor and facilities required to assist
testing or inspection firm in bid.
1.12 SCHEDULE OF VALUES
A. Submit schedule on AIA Fonn G703.
B. Submit Schedule of Values in duplicate within 15 days after date of Owner-Contractor
Agreement or Notice to Proceed or earlier if required by the Instructions to Bidders.
1.13 APPLICATIONS FOR PAYMENT
A. Submit three copies,or one digital(PDF)copy,of each application on AIA Form G702
and G703.
B. Content and Format:Utilize Schedule of Values for listing items in Application for
Payment.
C. Payment Period:Monthly.
1.14 CHANGE PROCEDURES
A. Per requirements of Owner-Contractor Construction Agreement.
B. Change Order Forms:AIA G701.
1.15 ALTERNATES
A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at Owner's
option.
B. Coordinate related Work and modify surrounding Work as required.
C. Schedule of Alternates:
1. Alternate No. 1:Deduct Alternate to substitute recycled asphalt product for
asphaltic concrete where indicated on civil drawings.
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a. Base Bid Item:Asphaltic concrete over aggregate base course and
subbase.
b. Alternate Item:Recycled asphalt product over aggregate base course and
subbase.
2. Alternate No.2:Deduct Alternate to substitute asphaltic concrete for concrete as
indicated on the Hardscape Plan Keynote#2,Sheet A-00.
a. Base Bid Item:Concrete paving over aggregate base course.
b. Alternate Item:Asphaltic concrete paving over aggregate base course
and subbase.
3. Alternate No. 3:Alternate to substitute fiber cement lap siding for stucco per
Alternate#3 Note on Sheet A-20.
a. Base Bid Item: Stucco finish as specified on Sheet A-20.
b. Alternate Item:Fiber cement lap siding as specified on Alternate#3 note
on Sheet A-20.
1.16 COORDINATION
A. Coordinate scheduling,submittals,and Work of various sections of specifications to
ensure efficient and orderly sequence of installation of interdependent construction
elements.
B. Verify utility requirement characteristics of operating equipment are compatible with
building utilities.
C. Coordinate space requirements and installation of mechanical and electrical work
indicated diagrammatically on Drawings.Follow routing shown for pipes,ducts,and
conduit,as closely as practicable.
D. In finished areas,conceal pipes,ducts,and wiring within construction.
1.17 FIELD ENGINEERING
A. Employ Land Surveyor to locate reference datum and protect survey control and
reference points.
B. Establish elevations,lines,and levels and certify elevations and locations of the Work
conform with Contract Documents.
C. Verify field measurements are as indicated on shop drawings or as instructed by
manufacturer.
1.18 PRECONSTRUCTION,PREINSTALLATION MEETINGS
A. Owner will schedule preconstruction meeting after Notice of Award for affected parties.
B. When required in individual specification section,convene preinstallation meeting at
Project site prior to commencing work of section.
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1.19 PROGRESS MEETINGS
A. Schedule and administer meetings throughout progress of the Work at weekly intervals or
as required by Owner-Contractor Agreement.
B. Preside at meetings,record minutes,and distribute copies within five days to those
affected by decisions made.
1.20 CUTTING AND PATCHING
A. Employ skilled and experienced installer to perform cutting and patching new Work;
restore Work with new Products.
B. Submit written request in advance of cutting or altering structural or building enclosure
elements.
C. Execute cutting,fitting,and patching including excavation and fill,to complete Work,
and to:
1. Fit several parts together,to integrate with other Work.
2. Uncover Work to install or correct ill-timed Work.
3. Remove and replace defective and non-conforming Work.
4. Remove samples of installed Work for testing.
5. Provide openings in elements of Work for penetrations of mechanical and
electrical Work.
D. Cut masonry and concrete materials using masonry saw or core drill.Restore Work with
new Products in accordance with requirements of Contract Documents.
E. Fit Work tight to adjacent elements.Maintain integrity of wall,ceiling,or floor
construction;completely seal voids.
F. Fit Work tight to,pipes,sleeves,ducts,conduit,and other penetrations through surfaces.
G. Refinish surfaces to match adjacent finishes.
1.21 SUBMITTAL PROCEDURES
A. Submittal form to identify Project,Contractor,subcontractor or supplier;and pertinent
Contract Document references.
B. Apply Contractor's stamp,signed or initialed,certifying that review,verification of
Products required,field dimensions,adjacent construction Work,and coordination of
information is in accordance with requirements of the Work and Contract Documents.
C. Identify variations from Contract Documents and Product or system limitations which
may be detrimental to successful performance of completed Work.
D. Revise and resubmit submittals as required;identify changes made since previous
submittal.
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E. Allow two weeks turnaround time for Architect/Engineer review of submittals,including
shop drawings.
1.22 CONSTRUCTION PROGRESS SCHEDULES
A. Submit initial progress schedule in duplicate within 15 days after date established in
Notice to Proceed for Architect/Engineer review.
B. Submit revised schedules with each Application for Payment,identifying changes since
previous version.Indicate estimated percentage of completion for each item of Work at
each submission.
C. Submit horizontal bar chart with separate line for each section of Work,identifying first
work day of each week.
1.23 PRODUCT DATA
A. Product Data:
1. Submitted to Architect/Engineer for review for limited purpose of checking for
conformance with information given and design concept expressed in Contract
Documents.
2. After review,provide copies and distribute in accordance with SUBMITTAL
PROCEDURES article and for record documents purposes as specified.
B. Submit number of copies which Contractor requires,plus one copy which will be retained
by Architect/Engineer.
C. Mark each copy to identify applicable products,models,options,and other data.
Supplement manufacturer's standard data to provide information unique to this project.
1.24 SHOP DRAWINGS
A. Shop Drawings:
1. Submitted to Architect/Engineer for review for limited purpose of checking for
conformance with information given and design concept expressed in Contract
Documents.
2. After review,provide copies and distribute in accordance with SUBMITTAL
PROCEDURES article and for record documents purposes as specified.
B. Submit number of opaque reproductions Contractor requires,plus one copy which will be
retained by Architect/Engineer or PDF file.
1.25 SAMPLES
A. Samples for Review:
1. Submitted to Architect/Engineer for review for limited purpose of checking for
conformance with information given and design concept expressed in Contract
Documents.
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2. After review,provide copies and distribute in accordance with SUBMITTAL
PROCEDURES article and for record documents purposes as specified.
B. Samples For Selection:
1. Submitted to Architect/Engineer for aesthetic,color,or finish selection.
2. Submit samples of finishes from full range of manufacturer's standard colors,
textures,and patterns for Architect/Engineer selection.
3. After review,provide copies and distribute in accordance with SUBMITTAL
PROCEDURES article and for record documents purposes as specified.
C. Submit samples to illustrate functional and aesthetic characteristics of Product.
D. Submit samples of finishes from full range of manufacturer's standard colors,textures,
and patterns for Architect/Engineer's selection.
1.26 MANUFACTURER'S INSTRUCTIONS
A. When specified in individual specification sections,submit manufacturer printed
instructions for delivery, storage,assembly,installation,start-up,adjusting,and finishing,
in quantities specified for Product Data.
1.27 MANUFACTURER'S CERTIFICATES
A. When specified in individual specification sections,submit certifications by manufacturer
to Architect/Engineer,in quantities specified for Product Data.
B. Indicate material or Product conforms to or exceeds specified requirements.Submit
supporting reference data,affidavits,and certifications as appropriate.
1.28 QUALITY CONTROL
A. Monitor quality control over suppliers,manufacturers,Products,services,site conditions,
and workmanship,to produce Work of specified quality.
B. Comply with manufacturer's instructions.
C. Comply with specified standards as minimum quality for the Work except when more
stringent tolerances,codes,or specified requirements indicate higher standards or more
precise workmanship.
1.29 TOLERANCES
A. Monitor fabrication and installation tolerance control of installed Products over suppliers,
manufacturers,Products,site conditions,and workmanship,to produce acceptable Work.
Do not permit tolerances to accumulate.
B. Comply fully with manufacturer's tolerances.
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1.30 REFERENCES
A. Conform to reference standards by date of issue current as of date of Contract
Documents.
B. When specified reference standard conflict with Contract Documents,request
clarification from Architect/Engineer before proceeding.
1.31 TESTING AND INSPECTION LABORATORY SERVICES
A. Owner will appoint,employ,and pay for specified services of independent firm to
perform testing and inspection.
B. Independent firm will perform tests,inspections,and other services as required.
C. Cooperate with independent firm;furnish samples as requested.
D. Re-testing required because of non-conformance to specified requirements will be
charged to Contractor.
1.32 MANUFACTURER'S FIELD SERVICES AND REPORTS
A. When specified in individual specification sections,require material or Product suppliers
or manufacturers to furnish qualified staff personnel to observe site conditions and to
initiate instructions when necessary.
B. Report observations and site decisions or instructions that are supplemental or contrary to
manufacturer's written instructions.
1.33 EXAMINATION
A. Verify existing site conditions and substrate surfaces are acceptable for subsequent Work.
Beginning new Work means acceptance of existing conditions.
B. Verify utility services are available,of correct characteristics,and in correct location.
1.34 PREPARATION
A. Clean substrate surfaces prior to applying next material or substance.
B. Apply manufacturer required or recommended substrate primer,sealer,or conditioner
prior to applying new material or substance in contact or bond.
1.35 TEMPORARY ELECTRICITY
A. Owner will pay cost of electricity used.
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B. Provide temporary electricity and power outlets for construction operations,connections,
branch wiring,distribution boxes,and flexible power cords as required.Do not disrupt
Owner's need for continuous service.
1.36 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES
A. Provide and maintain temporary lighting for construction operations.
B. Provide branch wiring from power source to distribution boxes with lighting conductors,
pigtails,and lamps as required.
C. Permanent building lighting may be utilized during construction.Repair,clean,and
replace lamps at end of construction.
1.37 TEMPORARY HEATING AND COOLING
A. Provide heating and cooling devices and heat and cool as needed to maintain specified
conditions for construction operations.
B. Owner will pay cost of energy used,if electric.
C. Provide and pay for operation,maintenance,and regular replacement of filters and worn
or consumed parts.
D. Maintain minimum ambient temperature of 45 degrees F in areas where construction is in
progress,unless indicated otherwise in specifications or product installation instructions.
1.38 TEMPORARY VENTILATION
A. Ventilate enclosed areas to assist cure of materials,to dissipate humidity,and to prevent
accumulation of dust,fumes,vapors,or gases.
1.39 TELEPHONE
A. Provide,maintain and pay for telephone service to field office at time of project
mobilization.Cellular service,with clear reception,is acceptable.Allow
Architect/Engineer incidental use.
1.40 TEMPORARY WATER SERVICE
A. There is no water service at the site.Provide clean water as needed for construction
operations.
1.41 TEMPORARY SANITARY FACILITIES
A. Provide and maintain required facilities and enclosures.Coordinate location with Owner.
New facilities may not be used.
B. Maintain in clean and sanitary condition.
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1.42 FIELD OFFICES AND SHEDS
A. Office:Weather tight,with lighting,electrical outlets,heating,cooling and ventilating
equipment,and equipped with sturdy furniture and drawing display table.
B. Provide space for Project meetings,with table and chairs to accommodate 6 persons.
1.43 ACCESS ROADS
A. Existing on-site roads may be used for construction traffic.
1.44 PARKING
A. Arrange for temporary parking areas to accommodate construction personnel with
Owner.
1.45 PROGRESS CLEANING AND WASTE REMOVAL
A. Collect and maintain areas free of waste materials,debris,and rubbish.Maintain site in
clean and orderly condition.
B. Owner will provide dumpsters for waste and recycling and wave landfill dump fees.
1.46 PROJECT IDENTIFICATION
A. Provide project sign of exterior grade material and frame construction.
B. Erect on site at location established by Owner and property manager.
1.47 BARRIERS AND FENCING
A. Fencing of construction areas is left to contractor's discretion and safety plan.
B. Construction: Contractor's option.
1.48 ENCLOSURES
A. Provide temporary weather tight closures to exterior openings to permit acceptable
working conditions and protection of the Work.
1.49 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual
specification sections.
B. Prohibit traffic or storage upon waterproofed or roofed surfaces.
1.50 SECURITY AND SAFETY
A. Provide facilities to protect Work from unauthorized entry,vandalism,or theft.
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•
B. Provide safety training,signage,products,and traffic control services as needed to
maintain project safety.
1.51 WATER CONTROL
A. Maintain excavations free of water.Provide,operate,and maintain pumping equipment.
B. Provide erosion control.
1.52 POLLUTION AND ENVIRONMENTAL CONTROL
A. Provide methods,means,and facilities to prevent contamination of soil,water,and
atmosphere from discharge of noxious,toxic substances,and pollutants produced by
construction operations.
B. Provide dust control,erosion and sediment control,noise control,pest control and rodent
control to allow for proper execution of the Work.
1.53 REMOVAL OF UTILITIES,FACILITIES,AND CONTROLS
A. Remove temporary utilities,equipment,facilities,materials,prior to Final Application for
Payment review.
B. Grade site as indicated on Drawings.
C. Clean and repair damage caused by installation or use of temporary work.
D. Restore existing facilities used during construction to original condition.Restore
permanent facilities used during construction to specified condition.
1.54 PRODUCTS
A. Products:Means new material,machinery,components,equipment,fixtures,and systems
forming the Work,but does not include machinery and equipment used for preparation,
fabrication,conveying and erection of the Work.
B. Do not use materials and equipment removed from existing premises,except as
specifically identified or allowed by the Contract Documents.
C. Provide interchangeable components of same manufacture for components being
replaced.
1.55 DELIVERY,HANDLING,STORAGE,AND PROTECTION
A. Deliver,handle,store,and protect Products in accordance with manufacturer's
instructions.
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1.56 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only:Any Product meeting
those standards or description.
B. Products Specified by Naming One or More Manufacturers:Products of manufacturers
named and meeting specifications,no options or substitutions allowed.
C. Products Specified by Naming One or More Manufacturers with Provision for
Substitutions: Submit request for substitution for manufacturers not named.
1.57 SUBSTITUTIONS
A. Substitutions for Cause: Submit requests for substitution immediately on discovery of
need for change,but not later than 15 days prior to time required for preparation and
review of related submittals.
1. Conditions:Architect will consider Contractor's request for substitution when the
following conditions are satisfied:
a. Requested substitution is consistent with the Contract Documents and
will produce indicated results.
b. Requested substitution provides sustainable design characteristics that
specified product provided.
c. Requested substitution will not adversely affect Contractor's construction
schedule.
d. Requested substitution has received necessary approvals of authorities
having jurisdiction.
e. Requested substitution is compatible with other portions of the Work.
f. Requested substitution has been coordinated with other portions of the
Work.
g. Requested substitution provides specified warranty.
h. If requested substitution involves more than one contractor,requested
substitution has been coordinated with other portions of the Work,is
uniform and consistent,is compatible with other products,and is
acceptable to all contractors involved.
B. Substitutions for Convenience:Architect will consider requests for substitution if
received within 15 days after the Notice of Award.
1. Conditions:Architect will consider Contractor's request for substitution when the
following conditions are satisfied:
a. Requested substitution offers Owner a substantial advantage in cost,
time,energy conservation,or other considerations,after deducting
additional responsibilities Owner must assume.Owner's additional
responsibilities may include compensation to Architect for redesign and
evaluation services,increased cost of other construction by Owner,and
similar considerations.
b. Requested substitution does not require extensive revisions to the
Contract Documents.
c. Requested substitution is consistent with the Contract Documents and
will produce indicated results.
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d. Requested substitution provides sustainable design characteristics that
specified product provided.
e. Requested substitution will not adversely affect Contractor's construction
schedule.
f. Requested substitution has received necessary approvals of authorities
having jurisdiction.
g. Requested substitution is compatible with other portions of the Work.
h. Requested substitution has been coordinated with other portions of the
Work.
i. Requested substitution provides specified warranty..
j. If requested substitution involves more than one contractor,requested
substitution has been coordinated with other portions of the Work,is
uniform and consistent,is compatible with other products,and is
acceptable to all contractors involved.
1.58 CLOSEOUT PROCEDURES
A. Submit written certification Contract Documents have been reviewed, Work has been
inspected,and Work is complete in accordance with Contract Documents and ready for
Architect/Engineer's inspection.
B. Submit final Application for Payment identifying total adjusted Contract Sum/Price,
previous payments,and amount remaining due.
1.59 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Clean interior and exterior surfaces exposed to view.Vacuum carpeted and soft surfaces.
C. Clean debris from site,roofs,gutters,downspouts,and drainage systems.
D. Replace filters of operating equipment.
E. Remove waste and surplus materials,rubbish,and construction facilities from site.
1.60 STARTING OF SYSTEMS
A. Provide seven days notification prior to start-up of each item.
B. Ensure each piece of equipment or system is ready for operation.
C. Execute start-up under supervision of responsible persons in accordance with
manufacturer's instructions.
D. Submit written report stating equipment or system has been properly installed and is
functioning correctly.
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1.61 DEMONSTRATION AND INSTRUCTIONS
A. Demonstrate operation and maintenance of Products to Owner's personnel two weeks
prior to date of Substantial Completion.
B. For equipment or systems requiring seasonal operation,perform demonstration for other
season within six months.
C. Demonstrate start-up,operation,control,adjustment,trouble-shooting,servicing,
maintenance,and shutdown of each item of equipment at agreed-upon times,at
equipment location.
1.62 TESTING,ADJUSTING,AND BALANCING
A. Adjust operating products and equipment to ensure smooth and unhindered operation.
1.63 PROTECTING INSTALLED CONSTRUCTION
A. Provide temporary and removable protection for installed products.Control activity in
immediate work area to prevent damage.
B. Protect finished floors,stairs,and other surfaces from traffic,dirt,wear,damage,or
movement of heavy objects,by protecting with durable sheet materials.
C. Prohibit traffic or storage upon waterproofed or roofed surfaces. When traffic or activity
is necessary,obtain recommendations for protection from waterproofing or roofing
material manufacturer.
D. Prohibit traffic from landscaped areas.
1.64 PROJECT RECORD DOCUMENTS
A. Maintain on site one set of Contract Documents to be utilized for record documents.
B. Record actual revisions to the Work.Record information concurrent with construction
progress.
C. Specifications:Legibly mark and record at each Product section description of actual
Products installed.
D. Record Documents and Shop Drawings: Legibly mark each item to record actual
construction.
E. Submit documents to Architect/Engineer with claim for final Application for Payment.
1.65 OPERATION AND MAINTENANCE DATA
A. Submit two sets prior to final inspection,bound in 8-1/2 x 11 inch text pages,three D
side ring binders with durable plastic covers.
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B. Prepare binder cover with printed title"OPERATION AND MAINTENANCE
INSTRUCTIONS"and title of project.
C. Internally subdivide binder contents with permanent page dividers,logically organized,
with tab titles legibly printed under reinforced laminated plastic tabs.
D. Contents:
1. Part 1: Directory,listing names,addresses,and telephone numbers of
Architect/Engineer,Contractor,subcontractors,and major equipment suppliers.
2. Part 2: Operation and maintenance instructions,arranged by system.
3. Part 3:Project documents and certificates.
1.66 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide Products, spare parts,maintenance and extra materials in quantities specified in
individual specification sections.
B. Deliver to Project site and place in location as directed by Owner; obtain receipt prior to
final payment.
1.67 WARRANTIES
A. Provide duplicate copies.
B. Execute and assemble transferable warranty documents from subcontractors,suppliers,
and manufacturers.
C. Submit prior to final Application for Payment.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
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EXHIBIT D
GENERAL CONDITIONS
TO CONSTRUCTION AGREEMENT
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: Applications for payment must be made on MA G702 and
G 703 in written or electronic form.The form accepted by OWNER 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.
ARCHITECT: Means Menendez Architects P.C.,or such other professional architect,or group
or association of professional corporation of such approved professional architects,engineers and
consultants,who have contracted with OWNER to accomplish the architectural and engineering
services necessary for the Work.
BID: The offer or proposal of the bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
CHANGE ORDER: A written order to CONTRACTOR signed by OWNER authorizing an
addition,deletion,or revision in the Work,or an adjustment in the Contract Price or the Contract
Time issued after the effective date of the Agreement to be signed by both Owner and Contractor.
COLORADO LABOR:means as provided in C.R.S. 8-17-101 et.*seq.
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.
CONTINGENCY:means the set percentage,or stipulated sum,of the construction contract
amount budgeted for unforeseen conditions or emergencies.Any expenditure of Contingency
must be expressly approved by OWNER.
CONTRACT TIME: The number of days(computed as provided in these General Conditions),
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.
COST: means the total cost of labor,materials,provisions,supplies,fees,tests,expenses,
equipment rentals, equipment purchases,insurance,supervision,engineering,clerical and
EXHIBIT
accounting services,the value of the use of equipment and reasonable estimates of other
administrative costs which may be reasonably apportioned to this Project to complete in
accordance with this Contract.
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 ARCHITECT'S
recommendation of final payment or prior to the guarantee period under paragraph 13.12 or prior
to the expiration of any applicable statute of limitations.
DRAWINGS: Graphic and pictoral portions of the Contract Documents which show the
character and scope of the Work to be performed including design,location and dimension of the
Work including plans,elevations,sections,details,schedules and diagrams,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.
ENGINEER: The person,firm or corporation to be identified by OWNER. The ENIGINEER
may be a department employee of OWNER who may perform all or some of the duties of
ENGINEER,but in such case shall exercise his duties in conformance with the standards
applicable to independent professional engineers.
FIELD ORDER: A written order issued by ARCHITECT or OWNER 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.
GUARANTEED MAXIMUM PRICE: means that maximum amount for which the Work will
be accomplished.
MODIFICATION: (a)A written amendment of the Contract Documents signed by both parties,
or(b)a change order. The Contract Documents may only be amended by a modification.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 ARCHITECT)fixing the date on which the Contract Time will commence to run,and on
which CONTRACTOR shall start to perform his obligations 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.
2
_ :_,_ _ ,
OWNER'S REPRESENTATIVE: The Owner's Representative is the Eagle County Project
Management Department and Rick Ullom or his designee.
PROJECT:The Eagle County Landfill Scale House 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.
SHOP DRAWINGS: All drawings,diagrams,illustrations, schedules,and other data which are
specifically prepared by CONTRACTOR,a subcontractor,manufacturer,fabricator,supplier,or
distributor to illustrate some portion of the work,and all illustrations,brochures,standard
schedules,performance charts,instructions,diagrams, and other information prepared by a
manufacturer,fabricator,supplier, or distributor and submitted by CONTRACTOR to illustrate
material or equipment for some portion of the Work.
SPECIFICATIONS: Those portions of the Contract Documents consisting of written technical
descriptions of materials,equipment,construction systems, standards,and workmanship as
applied to the Work and certain administrative details applicable thereto.
SUBSTANTIAL COMPLETION: The Work(or a specified part thereof)has progressed to the
point where,in the opinion of ARCHITECT with concurrence of OWNER 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 a Temporary Certificate of
Occupancy is issued by the Building Permit Official or when final payment is due in accordance
with paragraph 14.13. The terms"substantially complete"and"substantially completed"as
applied to any Work refer to substantial completion thereof.
WORK: The entire completed construction or the various separately identifiable parts thereof
required to be furnished under the Contract Documents. Work is the result of performing
services,furnishing and incorporating materials and equipment into all construction,all as
required by the Contract Documents or reasonably inferable therefrom and includes all labor,
materials, equipment and services provided or to be provided by CONTRACTOR or to fulfill
CONT'RACTOR'S obligations.
ARTICLE 2—PRELIMINARY MATTERS
2.1 Intentionally Omitted.
COPIES OF DOCUMENTS:
2.2 OWNER shall furnish to CONTRACTOR up to two(2)copies(unless otherwise specified in the
Contract Documents)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 upon issuance of a Notice to Proceed. A Notice to Proceed
may be given at any time within thirty(30)days after the effective date of the Agreement.
STARTING THE PROJECT:
3
2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences
to run,but no Work shall be done at the site prior to the date on which the Contract Time
commences to run.
BEFORE STARTING CONSTRUCTION:
2.5 Before undertaking each part of the Work,CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to ARCHITECT and OWNER
any conflict,error,or discrepancy which CONTRACTOR may discover;however,
CONTRACTOR shall not be liable to OWNER or ARCHITECT for failure to report any conflict,
error,or discrepancy in the Drawings or Specifications,unless CONTRACTOR had actual
knowledge thereof,or should reasonably have known thereof.
2.6 Within ten(10)days after the effective date of the Agreement(unless otherwise specified in the
Contract Documents)CONTRACTOR shall submit to ARCHITECT and OWNER 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 of values of the Work.
2.7 Before any Work at the site is started,CONTRACTOR shall deliver to OWNER,with a copy to
ARCHITECT,certificates of insurance(and other evidence of insurance requested by OWNER)
which CONTRACTOR is required to purchase and maintain in accordance with Article 5 hereof.
PRE-CONSTRUCTION CONFERENCE:
it
2.8 Within twenty(20)days after the effective date of the Agreement,but before CONTRACTOR
starts the Work at the site,a conference will be held for review and acceptance of the schedules
referred to in paragraph 2.6,to establish procedures for handling shop drawings and other
submittals,and for processing applications for payment,and to establish a working understanding
among the parties as to the Work.
ARTICLE 3—CONTRACT DOCUMENTS: INTENT AND REUSE
INTENT:
3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work. They may be altered only by a Modification.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called
for by all. If during the performance of the Work,CONTRACTOR fmds a conflict,error,or
discrepancy in the Contract Documents,he shall report it to ARCHITECT and OWNER in
writing at once and before proceeding with the Work affected thereby;however,CONTRACTOR
shall not be liable to OWNER or ARCHITECT 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.
4
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 ARCHITECT,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 ARCHITECT with concurrence of OWNER 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 thereof)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—AVAILABILITY OF LANDS;PHYSICAL CONDITIONS;REFERENCE POINTS
AVAILABILITY OF LANDS:
4.1 OWNER shall furnish,as indicated in the Contract Documents,the lands upon which the Work is
to be performed,rights-of-way for access thereto,and such other lands which are designated for
the use of CONTRACTOR. Easements for permanent structures, or permanent changes in
existing facilities,will be obtained and paid for by OWNER,unless otherwise provided in the
Contract Documents. If CONTRACTOR believes that any delay in OWNER'S furnishing these
lands or easements entitles him to an extension of the Contract Time,CONTRACTOR may make
a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands
and access 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 with the exception of any reports identified in Article 7 of the
Agreement.
5
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 may obtain the necessary additional investigations and tests,and furnish
copies to ARCHITECT and CONTRACTOR. If ARCHITECT and OWNER find 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 may be issued
incorporating the necessary revisions as agreed upon by the parties.
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 herein),
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 and OWNER 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—INSURANCE
5.1 Intentionally Omitted.
5.2 Intentionally Omitted.
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 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 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;
6
5.3.3
5.3.4
5.3.5
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;
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 5.3.1)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
Products and completed operations aggregate $1,000,000
Employers Liability,including Occupational
Disease $500,000
Any one fire $50,000
If any aggregate limit is reduced below$1,000,000 because of claims made or paid,
CONTRACTOR shall immediately obtain additional insurance to restore the full
aggregate limit and furnish to OWNER a certificate or other document satisfactory to
OWNER showing compliance with this provision.
Said insurance shall be furnished in types specified as follows:
CONTRACTOR'S Commercial General 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 and covering premises
operations, fire damage, independent contractors,products and completed
operations,blanket Grantual liability,personal injury, and advertising liability.
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 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.
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5.3.8 Comprehensive Automobile Insurance covering any auto(including owned,hired and
non-owned autos)shall be carried with a minimum limit of$1,000,000.00 each accident
combined single limit. All liability and property damage insurance required hereunder
shall be Comprehensive General and Automobile Bodily Injury and Property Damage
form of policy.
5.3.9 Employer's Liability Insurance covering all of CONTRACTOR's and any
Subcontractor's employees acting within the course and scope of their employment.
5.3.10 The CONTRACTOR shall in addition,and in the amounts required under the above,
obtain Protective Liability Insurance issued to and covering the liability for damages
imposed by law upon the OWNER with respect to all operations under the Agreement by
the CONTRACTOR or his Subcontractors,including omissions and supervisory acts by
the OWNER.
5.4 Comprehensive Risk Policy Option: In lieu of the several policies specified for
CONTRACTOR'S Liability Insurance,a comprehensive liability and property damage insurance
policy inclusive of all the 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 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 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 Builder's Risk Insurance: Insofar as the Work to be performed under this Agreement consists
entirely of new construction removed and separated from any existing facility used by OWNER,
CONTRACTOR shall procure and maintain,for the duration of the Work of this Project,
Builder's Risk Insurance,including the perils of fire,extended coverage(loss due to vehicles,
explosion,wind,flood,riot,etc.),vandalism and malicious mischief,and special extended
coverage(loss due to falling objects,collapse,water damage from faulty or leaking systems, etc.)
in the full amount of the Contract Price plus the cost of authorized extras. Said amount of
insurance coverage shall be considered to cover the insurable value of the Work under this
Agreement which is considered not to exceed one hundred percent(100%)of the amount of this
Agreement and authorized extras. Such policy shall not insure any tools or equipment,or
temporary structures erected at the site and belonging to any person or persons,or their
Subcontractors who are obliged by contract with the OWNER to do Work on the Projects.
Such insurance shall be placed jointly in the names of the OWNER,CONTRACTOR,and any
and all Subcontractors,and any and all others obliged by contract with the OWNER to do Work
on this Project and at the OWNER'S option,any other person or persons whom the OWNER
deems to have an insurable interest in said property,or any part thereof,payable as their several
interests may appear.
CONTRACTOR shall furnish OWNER with certification of said insurance prior to
commencement of any Work. Any proceeds obtained from insurance provided for by this
paragraph shall be paid to and held by the OWNER as trustee. The OWNER shall have the right
to withhold payment of such proceeds until such time as the Work destroyed or damaged and
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covered by such insurance shall be reconstructed and shall pay such proceeds on an installment
basis similar to that provided for by progress payments covering the original Work.
5.7 Certificates of Insurance: Certificates of Insurance acceptable to the OWNER shall be filed with
the OWNER prior to commencement of the Work. These Certificates shall contain 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(30)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.
5.8 Owner's Liability Insurance: The OWNER,at his option,may but shall not be required to
purchase and maintain such liability insurance as will protect him against claims which may arise
from operations under this Agreement. Purchasing and maintaining such insurance,however,
will not relieve the CONTRACTOR from purchasing and maintaining the insurance hereinbefore
specified.
5.9 Loss of Use of Insurance: The OWNER,at his option,may but shall not be required to, purchase
and maintain such insurance as will insure him against loss of use of his property due to fire or
other hazards,however caused.
5.10 Coverage required of CONTRACTOR and any of its subcontractors shall be primary over any
insurance or self-insurance program carried by OWNER.
5.11 All insurance policies in any way related to this Agreement and secured and maintained by
CONTRACTOR as required in this Article 5 shall include clauses stating that each carrier shall
waive all rights of recovery,under subrogation or otherwise,against Owner,its members,
managers,agencies,institutions,organizations,officers,agents,employees and volunteers.
5.12 OWNER shall be named as additional insured on the Commercial General Liability,Automobile
Liability Insurance and Completed Operations Liability Insurance policies.
5.13 Contractor shall insert a clause containing the terms of section 5.3 and all its subparts in all
contracts or sub-contracts,and all Subcontractors shall purchase and maintain the insurance
on the terms and conditions as set forth herein.
ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES
SUPERVISION AND SUPERINTENDENCE:
6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently,devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work
in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the
means,methods,techniques, sequences,and procedures of construction. CONTRACTOR shall
not be 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.
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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.
6.2.1 CONTRACTOR shall maintain and deliver to OWNER a daily job report of Work performed,
notable events and incidents,weather conditions,Subcontractor's performance,any deficiencies
(and the corrective actions taken),delays,and other information that OWNER may reasonably
request.
6.2.2 CONTRACTOR will participate in meetings with OWNER at a specific date,time and place
established by OWNER,and to deliver all attending parties current reports on the following
items: progress payment requests;requests for information-current log; change requests-current
log; submittals-current log;change orders-current list;claims-pending claims,notices of claims
and any plans to file claims,if applicable,project progress report,job problems and quality
control review.
LABOR,MATERIALS AND EQUIPMENT:
6.3
6.4
6.5
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,if any,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 ARCHITECT.
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.
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.
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6.8 CONTRACTOR shall replace supervision personnel as-needed based upon OWNER's
assessment that the Project is not adequately staffed or the Work is not progressing adequately.
6.9 CONTRACTOR shall at all times maintain a full-time management and supervisory staff of
competent persons at the Project site to coordinate and provide general direction of the Work and
progress of subcontractors on the Project.
6.10 CONTRACTOR agrees that only competent and skilled workmen who satisfactorily perform
their duties shall be employed on the Project and CONTRACTOR shall ensure that there are an
adequate and competent supply of skilled workmen and materials as necessary to carry out the
Work on a continuous basis.
EQUIVALENT MATERIALS AND EQUIPMENT:
6.11 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 ARCHITECT and OWNER if sufficient information is submitted by
CONTRACTOR to ARCHITECT and OWNER to determine that the material or equipment
proposed is equivalent to that named. The procedure for review by ARCHITECT and OWNER
will be as set forth in paragraphs 6.11.1 and 6.11.2 below.
6.11.1 Requests for review of substitute items of material and equipment will not be accepted by
ARCHITECT or OWNER from anyone other than CONTRACTOR consistent with
section 1.57 of the Basic Requirements. If CONTRACTOR wishes to furnish or use a
substitute item of material or equipment,CONTRACTOR shall make written application
to ARCHITECT and OWNER for acceptance thereof,certifying that the proposed
substitute will perform adequately the functions called for by the general design,be
similar and of equal substance to that specified and be suited to the same use and capable
of performing the same function as that specified. The application will state whether or
not acceptance of the substitute for use in the Work will require a change in the drawings
or specifications to adapt the design to the substitute and whether or not incorporation or
use of the substitute in connection with the Work is subject to payment of any license fee
or royalty. All variations of the proposed substitute from that specified shall be identified
in the application and available maintenance,repair and replacement service will be
indicated. 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 ARCHITECT and OWNER in evaluating the proposed substitute.
ARCHITECT may require CONTRACTOR to furnish,at CONTRACTOR'S expense,
additional data about the proposed substitute. ARCHITECT and OWNER will be the
sole judge of acceptability,and no substitute will be ordered or installed without
ARCHITECT'S and OWNER'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.
6.11.2 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
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proposed substitute. CONTRACTOR shall reimburse OWNER for the charges of
ARCHITECT and ARCHITECT'S consultants for evaluating any proposed substitute.
CONCERNING SUBCONTRACTORS:
6.12 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 ARCHITECT may have reasonable objection. A
Subcontractor or other person or organization identified in writing to OWNER and ARCHITECT
by CONTRACTOR prior to the Notice of Award,and not objected to in writing by OWNER or
ARCHITECT prior to the Notice of Award,will be deemed acceptable to OWNER and
ARCHITECT. Acceptance of any Subcontractor,other person or organization by OWNER or
ARCHITECT shall not constitute a waiver of any right of OWNER or ARCHITECT to reject
defective work. If OWNER or ARCHITECT,after due investigation,has reasonable objection to
any Subcontractor,or other person or organization proposed by CONTRACTOR after the Notice
of Award,CONTRACTOR shall submit an acceptable substitute,and the Contract Price shall be
increased or decreased by the difference in cost occasioned by such substitution,and an
appropriate change order shall be issued. CONTRACTOR shall not be required to employ any
Subcontractor,other person or organization against whom CONTRACTOR has reasonable
objection.
6.13 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors,and of
persons and organizations directly or indirectly employed by them,and of persons and
organizations for whose acts any of them may be liable to the same extent that CONTRACTOR is
responsible for the acts and omissions of persons directly employed by CONTRACTOR.
Nothing in the Contract Documents shall create a contractual relationship between OWNER or
ARCHITECT 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 ARCHITECT 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 ARCHITECT may
furnish to any Subcontractor or other person or organization,to the extent practicable, evidence of
amounts paid to CONTRACTOR on account of specific Work done.
6.14 The divisions and sections of the specifications and the identifications of any drawings shall not
control CONTRACTOR in dividing the Work among Subcontractors,or delineating the Work to
be performed by any specific trade.
6.15 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor which specifically binds the
Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of
the OWNER and ARCHITECT. CONTRACTOR shall pay each Subcontractor a just share of
any insurance monies received by CONTRACTOR on account of losses under policies issued
pursuant to paragraph 5.6.
PATENT FEES AND ROYALTIES:
6.16 CONTRACTOR shall pay all license fees and royalties,and assume all costs incident to the use
in the performance of the Work,or the incorporation in the Work of any invention,design,
process,product,or device which is the subject of patent rights or copyrights held by others. If a
particular invention,design,process,product,or device is specified in the Contract Documents
for use in the performance of the Work,and if to the actual knowledge of OWNER or
12
ARCHITECT its use is subject to patent rights or copyrights calling for the payment of any
license fee or royalty to others,the existence of such rights shall be disclosed by OWNER in the
Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and
ARCHITECT and anyone directly or indirectly employed by either of them from and against all
claims,damages,losses,and expenses(including attorney's fees)arising out of any infringement
of patent rights or copyrights incident to the use in the performance of the Work,or resulting
from the incorporation in the Work of any invention, design,process,product,or device not
specified in the Contract Documents,and shall defend all such claims in connection with any
alleged infringement of such rights.
PERMITS:
6.17 Unless otherwise provided in the Contract Documents,CONTRACTOR shall obtain and pay for
all construction permits and licenses except the OWNER will pay for the Eagle County Building
Permit and Eagle County Environmental Permit for the Septic Tank. CONTRACTOR shall
obtain and pay for Eagle County licenses. OWNER shall assist CONTRACTOR,when
necessary,in obtaining such permits and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of the Work,which are applicable at the
time of opening of bids. CONTRACTOR shall pay all charges of utility service companies for
connections to the Work,and OWNER shall pay all charges of such companies for capital costs
related thereto.
LAWS AND REGULATIONS:
6.18 CONTRACTOR shall give all notices and comply with all laws,ordinances,rules,and
regulations applicable to the Work. If CONTRACTOR observes that the Specifications or
Drawings are at variance therewith,CONTRACTOR shall give ARCHITECT and OWNER
prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate
Modification. If CONTRACTOR performs any Work knowing,or having reason to know,that it
is contrary to such laws,ordinances,rules,and regulations,and without such notice to
ARCHITECT and OWNER,CONTRACTOR shall bear all costs arising therefrom;however,it
shall not be CONTRACTOR'S primary responsibility to make certain that the Specifications and
Drawings are in accordance with such laws,ordinances,rules,and regulations.
TAXES:
6.19 CONTRACTOR shall pay all sales,consumer,use,and other similar taxes required to be paid by
him in accordance with the law of the place of the Project. OWNER of this Project is Tax
Exempt.
USE OF PREMISES:
6.20 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.
6.21 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
13
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.
6.22 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.
6.23 CONTRACTOR shall be responsible for removing all water and or mud interfering with the
Work.
6.24 CONTRACTOR shall perform the Work so as not to interfere with or disrupt the business
operations of any adjacent businesses and recreation areas.
6.25 CONTRACTOR shall protect and prevent damage or disturbance to any trees or other vegetation
as shown in the Contract Documents.
6.26 CONTRACTOR will locate all underground pipelines,conduits,ducts,cables,wires,manholes,
vaults,tanks,tunnels,or other such facilities or attachments,and any easements containing such
facilities,including those that convey electricity,gasses,steam,liquid petroleum products,
telephone or other communications,cable television,water,wastewater, storm water,other
liquids or chemicals,or traffic or other control systems which shall collectively be known as the
"Underground Facilities"prior to performing the Work. Unless it is otherwise expressly provided
in the Contract Documents;
6.26.1 OWNER shall not be responsible for providing any information to
CONTRACTOR regarding the Underground Facilities;and
6.26.2 The cost of all of the following will be included in the Contract Price,and
CONTRACTOR shall have full responsibility for:
a. Locating all Underground Facilities
b. Coordination of the Work with the owners of such Underground Facilities,
including OWNER,during construction;and the safety and protection of all
such Underground Facilities and repairing any damage thereto resulting from
the Work.
RECORD DOCUMENTS:
6.27 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 ARCHITECT for
examination and shall be delivered to ARCHITECT for OWNER upon completion of the Work.
SAFETY AND PROTECTION:
6.28 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:
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6.28.1 all employees and subcontractors on the Work and other persons who may be affected
thereby,
6.28.2 all the work and all materials or equipment to be incorporated therein,whether in storage
on or off the site,and
6.28.3 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 6.28.2 or 6.28.3 caused,directly or indirectly,in whole or in part,
by CONTRACTOR,any Subcontractor,or anyone directly or indirectly employed by any
of them,or anyone for whose acts any of them may be liable,shall be remedied by
CONTRACTOR(except damage or loss attributable to the sole fault of drawings or
specifications,or solely to the acts or omissions of OWNER or ARCHITECT).
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 ARCHITECT has issued
a notice to OWNER and CONTRACTOR, in accordance with paragraph 14.13,that the
Work is acceptable.
6.29 CONTRACTOR shall designate a responsible member of his organization at the site whose duty
shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent,
unless otherwise designated in writing by CONTRACTOR to OWNER.
EMERGENCIES:
6.30 In emergencies affecting the safety or protection of persons,or the Work,or propert y at the site or
adjacent thereto,CONTRACTOR,without special instruction or authorization from
ARCHITECT to OWNER,is obligated to act to prevent threatened damage,injury,or loss.
CONTRACTOR shall give ARCHITECT and OWNER prompt written notice of any significant
changes in the Work,or deviations from the Contract Documents caused thereby.
SHOP DRAWINGS AND SAMPLES:
6.31 After checking and verifying all field measurements,CONTRACTOR shall submit to
ARCHITECT for review and approval,in accordance with the accepted schedule of Shop
Drawing submissions,five copies(unless otherwise specified in the Basic Requirements section
1.24 B)of all shop drawings,which shall have been checked by,and stamped with the approval
of,CONTRACTOR,and identified as ARCHITECT may require. The data shown on the Shop
Drawings will be complete with respect to dimensions,design criteria,materials of construction,
and like information to enable ARCHITECT to review the information as required.
6.32 CONTRACTOR shall also submit to ARCHITECT for review and approval,with such
promptness as to cause no delay in Work,all samples required by the Contract Documents. All
samples will have been checked by,and stamped with the approval of CONTRACTOR,
identified clearly as to material,manufacturer,and any pertinent catalog numbers,and the use for
which intended.
15
6.33 At the time of each submission,CONTRACTOR shall,in writing,call ARCHITECT'S and
OWNER's attention to any deviations that the shop drawings or samples may have from the
requirements of the Contract Documents.
6.34 ARCHITECT with prior approval of OWNER will review and approve,with reasonable
promptness,shop drawings and samples,but ARCHITECT'S and/or OWNER's review and
approval shall be only for conformance with the design concept of the Project,and for
compliance with the information given in the Contract Documents,and shall not extend to means,
methods, sequences,techniques,or procedures of construction,or to safety precautions of
programs incident thereto. The review and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CONTRACTOR shall make any
corrections required by ARCHITECT or OWNER,and shall return the required number of
corrected copies of shop drawings,and resubmit new samples for review and approval.
CONTRACTOR shall direct specific attention in writing to revisions other than the corrections
called for by ARCHITECT or OWNER on previous submittals. CONTRACTOR'S stamp of
approval on any shop drawing or sample shall constitute a representation to OWNER and
ARCHITECT that CONTRACTOR has either determined and verified all quantities,dimensions,
field construction criteria,materials catalog numbers,and similar data,or assumes full
responsibility for doing so,and that CONTRACTOR has reviewed or coordinated each Shop
Drawing or sample with the requirements of the Work and the Contract Documents.
6.35 Where a Shop Drawing or sample is required by the specifications,no related Work shall be
commenced until the submittal has been reviewed and approved by ARCHITECT as to Shop
Drawing and ARCHITECT and OWNER as to samples
6.36 ARCHITECT'S review and approval of Shop Drawings or ARCHITECT and OWNER'review
and approval samples shall not relieve CONTRACTOR from responsibility for any deviations
from the Contract Documents unless CONTRACTOR has,in writing,called ARCHITECT'S and
for OWNER's attention to such deviation at the time of submission,and ARCHITECT with prior
approval of OWNER has given written concurrence and approval to the specific deviation,nor
shall any concurrence or approval by ARCHITECT or OWNER relive CONTRACTOR from
responsibility for errors or omissions in the Shop Drawings.
CONTINUING THE WORK:
6.37 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:
6.38 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless
OWNER and ARCHITECT, and their officials, agents and employees, from and against all
claims, damages, liabilities, losses, and expenses including,but not limited to, attorney's fees and
costs arising out of, or resulting from, the performance or non-performance of the Work, and
including,but not limited to,claims,damages,liabilities,losses,or expenses attributable to bodily
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 CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them,
16
or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in
part by a party indemnified hereunder. Nothing in the contract shall be interpreted that the
OWNER waives its sovereign immunity granted under Colorado Governmental Immunity Act if
applicable or other applicable law.
6.39 In any and all claims against OWNER or ARCHITECT,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 6.38 shall not be limited in any way by any limitation on the amount or type of
damages, compensation,or benefits payable by or for CONTRACTOR or any Subcontractor
under worker's or workmen's compensation acts,disability benefit acts,or other employee
benefit acts.
6.40 The obligations of CONTRACTOR under paragraph 6.38 shall not extend to the liability of
ARCHITECT,his agents,or employees arising out of the preparation or approval of maps,
drawings,opinions,reports, surveys,change orders,designs,or specifications.
ARTICLE 7—WORK BY OTHERS
7.1 OWNER may perform additional Work related to the Project by himself,or have additional work
performed by utility service companies,or let other direct contracts therefore which shall contain
general conditions similar to these. CONTRACTOR shall afford the utility service companies
and the other contractors who are parties to such direct contracts(or OWNER,if OWNER is
performing the additional work with OWNER'S employees)reasonable opportunity for the
introduction and storage of materials and equipment,and the execution of work,and shall
properly connect and coordinate his work with theirs.
7.2 If any part of CONTRACTOR'S Work depends,for proper execution or results,upon the Work of
any such other contractor or utility service company(or OWNER),CONTRACTOR shall inspect
and promptly report to ARCHITECT and OWNER 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 maybe 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 ARCHITECT
and OWNER and the others whose work will be affected.
7.4 If the performance of additional work by other contractors or utility service companies or
OWNER was not noted in the Contract Documents,written notice thereof shall be given to
CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the
performance of such additional work by OWNER or others involves additional expense to
CONTRACTOR,or requires an extension of the Contract Time, CONTRACTOR may make a
claim therefore as provided in Articles 11 and 12.
ARTICLE 8—OWNER'S RESPONSIBILITIES
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8.1 OWNER shall issue communications to CONTRACTOR or through ARCHITECT.
8.2 In case of termination of the employment of ARCHITECT, OWNER shall appoint an
ARCHITECT whose status under the Contract Documents shall be that of the former
ARCHITECT.
8.3 OWNER and all of its employees and agents shall have the right to full access and use of the
Project site. Such use shall not constitute acceptance of the Work or any part thereof, of waive
any of OWNER'S rights or remedies under the Contract Documents.
ARTICLE 9—ARCHITECT'S STATUS DURING CONSTRUCTION
OWNER'S REPRESENTATIVE:
9.1 The duties and responsibilities and the limitations of authority of ARCHITECT as an OWNERS
representative during construction are set forth in the Contract Documents, and shall not he
extended without written consent of OWNER and ARCHITECT. Notwithstanding anything to
the contrary herein, in all instances in the Contract Documents where ARCHITECT has the
authority to make decisions concerning quality of and acceptance of the Work performed by
CONTRACTOR the ARCHITECT shall first discuss such decision and proposed acceptance
with OWNER and obtain its approval prior to communicating with the CONTRACTOR. Further.
in all instances in the Contract Documents where ARCHITECT has the authority to make a
decision that impacts the Project budget or Contract Price or payment to the CONTRACTOR,
then ARCHITECT shall first discuss the payment or costs with OWNER and obtain its approval
prior to approving any payment,additive or deductive Work. This paragraph is not intended as
and shall not be a waiver of ARCHITECT'S responsibility for oversight of the Work.
VISITS TO SITE:
9.2 ARCHITECT will make visits to the site at intervals appropriate to the various stages of
construction to observe the progress and quality of the executed Work and to determine, in
general, if the Work is proceeding in accordance with the Contract Documents. ARCHITECT
will not be required to.make exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. ARCHITECT'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, ARCHITECT will keep OWNER informed of the progress of the Work,and will
endeavor to guard OWNER against defects and deficiencies in the Work.
CLARIFICATIONS AND INTERPRETATIONS:
9.3 ARCHITECT will issue,with reasonable promptness,such written clarifications or
interpretations of the Contract Documents(in the form of drawings or otherwise)as
ARCHITECT and OWNER may determine necessary, which shall he consistent with,or
reasonably inferable from, the overall intent of the Contract Documents.
If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the
Contract Price or Contract Time,CONTRACTOR may make a claim therefore,as provided in
Article 11 or Article 12.
REJECTING DEFECTIVE WORK:
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9.4 ARCHITECT after conferring and receiving approval of OWNER will have authority to
disapprove or reject Work which is defective,and will also have authority to require special
inspection or testing of the Work as fabricated,installed,or completed.
SHOP DRAWINGS, CHANGE ORDERS,AND PAYMENTS:
9.5 In connection with ARCHITECT'S responsibility for Shop Drawings and samples, see paragraphs
6.31 through 6.37 inclusive.
9.6 In connection with ARCHITECT'S responsibilities as to Change Orders see Articles 10, 11,and
12.
9.7 In connection with ARCHITECT'S responsibilities in respect to applications for payment, etc.,
see Article 14.
PROJECT REPRESENTATION:
9.8 Intentionally Omitted.
DECISIONS ON DISAGREEMENTS:
9.9 ARCHITECT will be the initial interpreter of the requirements of the Contract Documents
concerning the acceptability of the Work thereunder. Claims, disputes,and other matters relating
to the acceptability of the Work,or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the Work,shall he referred initially to
ARCHITECT in writing with a request for a formal decision which ARCHITECT and OWNER
will together render in writing within a reasonable time.The final decision concerning any claim,
dispute or other matter relating to acceptability of the Work or interpretation of the requirements
of the Contract Documents pertaining to the execution and progress of the Work shall he
OWNER's.
LIMITATIONS ON ARCHITECT'S RESPONSIBILITIES:
9.10 Neither ARCHITECT'S or OWNER's authority to act under this Article 9,or elsewhere in the
Contract Documents,nor any decision made by ARCHITECT or OWNER in good faith either to
exercise or not exercise such authority shall give rise to any duty or responsibility of
ARCHITECT or OWNER to CONTRACTOR,any Subcontractor,any manufacturer, fabricator,
supplier, or distributor,or any of their agents or employees,or any other person performing any
of the Work.
9.11 Whenever, in the Contract Documents,the terms"as ordered","as directed", `'as required", "as
allowed", or terms of like effect or import are used,or the adjectives"reasonable", "suitable",
"acceptable", "proper", or"satisfactory", or adjectives of like effect or import are used to
describe requirement,direction,review,or judgment of ARCHITECT as to the Work, it is
intended that such requirement direction,review,or judgment will be solely to evaluate the Work
for compliance with the Contract Documents(unless there is a specific statement indicating
otherwise). The use of any such term or adjective never indicates that ARCHITECT shall have
authority to supervise or direct performance of the Work,or authority to undertake responsibility
contrary to the provisions of paragraphs 9.12 or 9.13.
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9.12 ARCHITECT and OWNER will not be responsible for CONTRACTORS means, methods,
techniques,sequences or procedures of construction,or the safety precautions and programs
incident thereto,and ARCHITECT and OWNER will not be responsible for CONTRACTORS
failure to perform the Work in accordance with the Contract Documents.
9.13 ARCHITECT and OWNER will not be responsible for the acts or omissions of CONTRACTOR,
or of any Subcontractor,or of the agents or employees of any CONTRACTOR or Subcontractor,
or of any other persons at the site or otherwise performing any of the Work.
ARTICLE 10—CHANGES IN THE WORK
10.1 Without invalidating the Agreement, OWNER may,at any time or from time to time,order
additions, deletions, or revisions in the Work; these will be authorized by change orders. Upon
receipt of a change order,CONTRACTOR shall proceed with the Work involved. All such Work
shall be executed under the applicable conditions of the Contract Documents. If any change order
causes an increase or decrease in the Contract Price,or an extension or shortening of the Contract
Time,an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of
a claim made by either party.
10.2 ARCHITECT with approval of OWNER may authorize minor changes in the Work, not
involving an adjustment in the Contract Price or the Contract Time,which are consistent with the
overall intent of the Contract Documents. These may be accomplished by a field order,and shall
be binding on OWNER,and also on CONTRACTOR who shall perform the change promptly. If
CONTRACTOR believes that a field order justifies an increase in the Contract Price or Contract
Time, CONTRACTOR may make a claim 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 6.30,and except as provided in
paragraph 13.9.
10.4 OWNER may execute appropriate change orders prepared by ARCHITECT covering changes in
the Work which are required by OWNER,or required because of unforeseen physical conditions
or emergencies,or because of uncovering Work found not to be defective,or as provided in
paragraphs 11.10 or 11.11.
10.5 Intentionally Omitted.
ARTICLE 11 —CHANGE OF CONTRACT PRICE
11.1 The Contract Price constitutes the total compensation(subject to authorized adjustments)payable
to CONTRACTOR for performing the Work. All duties,responsibilities,and obligations
assigned to or undertaken by CONTRACTOR shall be at his expense without change in the
Contract Price.
11.2 The Contract Price may only be changed by a Change Order. Any claim for an increase in the
Contract Price shall be based on written notice delivered to OWNER and ARCHITECT within
seven (7)days of the occurrence of the event giving rise to the claim. Any change in the Contract
Price resulting from any such claim shall first be approved by ARCHITECT and OWNER before
being incorporated in a change order.
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11.3 No change orders or other form of order or directive which requires additional compensable
Work to be performed 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 order,or of any claim for an increase or decrease in
the Contract Price,shall be determined in one of the following 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 as provided in paragraph I I.7.
11.5 The term "Cost of the Work"means the sum of any and all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may he agreed to
in writing by OWNER,such costs shall be in amounts no higher than those in the detailed 16
division breakdown of pricing of similar types of work provided with the GMP for 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 on-site 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 OWNER. All trade discounts,rebates and
refunds,and all returns from sale of surplus materials and equipment shall accrue to
OWNER,and CONTRACTOR shall make provisions so that they may he obtained.
11.5.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids
from Subcontractors acceptable to CONTRACTOR,and shall deliver such bids to
OWNER,who will then determine,with the advice of ARCHITECT,which bids will be
accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of
Cost of the Work,the Subcontractor's Cost of the Work plus a fee shall be determined in
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the same manner as CONTRACTORS Cost of the Work. All Subcontracts shall be
subject to the other provisions of the Contract Documents insofar as applicable.
11.5.4 Supplemental costs including the following:
11.5.4.1 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 Intentionally Omitted.
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 Intentionally Omitted.
11.5.4.7 Intentionally Omitted.
11.5.4.8 Intentionally Omitted.
11.5.4.9 Intentionally Omitted.
11.6 The term "Cost of the Work"shall not include any of the following:
11.6.1 Payroll costs and other compensation of CONTRACTOR'S officers,executives,
principals(of partnership and sole proprietorship),general managers,ARCHITECT'S,
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 considered to be administrative costs
covered by the Contractor's Fee.
11.6.2 Expenses of CONTRACTOR'S principal and branch office,other than CONTRACTOR'S
office at the site.
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11.6.3 Any part of CONTRACTOR'S capital expenses including interest on CONTRACTORS
capital employed for the Work,and charges against CONTRACTOR for delinquent
payments.
11.6.4 Cost of premiums for all insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same (except for additional insurance
required because of changes in the Work).
11.6.5 Costs due to the negligent performance or non-performance of CONTRACTOR,any
subcontractor,or anyone directly or indirectly employed by any of them,or for whose
acts any of them may be liable, including,but not limited to, the correction of defective
Work,disposal of materials or equipment wrongly supplied,and making good any
damage to property.
11.6.6 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:
11.7.1 A mutually acceptable fixed fee as provided in the SUPPLEMENTAL UNIT PRICING
for CM/GC Overhead and Profit Fee.
11.7.2. 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 any one 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 QUANTITIES:
11.9 Whenever the cost of any Work is to be determined based upon unit price, CONTRACTOR will
submit, in form acceptable to ARCHITECT and OWNER,an itemized cost breakdown together
with supporting data.
11.10 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(additive or deductive) may be issued on recommendation of
ARCHITECT with written approval of OWNER. In no event will the unit price hid by
CONTRACTOR be modified, but the quantity of any item may be increased or decreased as set
forth herein. Notwithstanding the foregoing, in no event will the change modify the not to exceed
the Contract Price or otherwise be modified without a change order approved by OWNER.
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 he done by such
Subcontractors, manufacturers,fabricators,suppliers,or distributors, and for such sums within the
23
limit of the allowances as may be acceptable to ARCHITECT and OWNER. 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
seven (7)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 11 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 he in
accordance with the Contract Documents and will not he defective. Prompt notice of all defects
shall he given to CONTRACTOR. All defective Work,whether or not in place, may he rejected,
corrected, or accepted as provided in this Article 13.
ACCESS TO WORK:
13.2 OWNER,ARCHITECT,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:
13.3 CONTRACTOR shall give ARCHITECT and OWNER timely notice of readiness of Work for all
required inspections,tests or approvals.
13.4 If any law, ordinance,rule,regulation,code, or order of any public body having jurisdiction
requires any Work(or part thereof)to specifically be inspected,tested,or approved,
CONTRACTOR shall assume full responsibility therefore,pay all costs in connection therewith,
and furnish ARCHITECT and OWNER 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).
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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
ARCHITECT and OWNER,it must,if requested by ARCHITECT or OWNER,be uncovered for
observation. Such uncovering shall be at CONTRACTOR'S expense, unless CONTRACTOR
has given ARCHITECT and OWNER timely notice of CONTRACTOR'S intention to cover such
Work and ARCHITECT or OWNER has not acted with reasonable promptness in response to
such notice.
13.7 Neither observations by ARCHITECT or OWNER 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 ARCHITECT or OWNER, it must, if
requested by ARCHITECT or OWNER, be uncovered for ARCHITECT'S and OWN ER's
observation and replaced at CONTRACTOR'S expense.
13.9 If ARCHITECT or OWNER considers it necessary or advisable that covered Work he observed
by ARCHITECT or OWNER,or inspected or tested by others,CONTRACTOR,at
ARCHITECT'S or OWNER's request, shall uncover,expose,or otherwise make available for
observation,inspection,or testing as ARCHITECT or OWNER 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 he issued. lf,
however,such Work is not found to be defective,CONTRACTOR shall he 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 DEFECTIVE WORK:
13.11 If required by ARCHITECT or OWNER,CONTRACTOR shall promptly,without cost to
OWNER and as specified by ARCHITECT or OWNER,either correct any defective Work,
whether or not fabricated,installed,or completed,or,if the Work has been rejected by
ARCHITECT or OWNER,remove it from the site and replace it with non-defective Work in a
manner acceptable to the ARCHITECT and OWNER.
TWO YEAR CORRECTION PERIOD:
25
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,)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 ARCHITECT and
OWNER, to proceed to correct defective Work,or to remove and replace rejected Work as
required by ARCHITECT or OWNER in accordance with paragraph 13.1 I, 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 he
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 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
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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 ARCHITECT and
OWNER 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 ARCHITECT and OWNER. 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 ARCHITECT and OWNER, it shall he incorporated into a form of
application for payment acceptable to ARCHITECT and OWNER.
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 ARCHITECT and OWNER 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 ARCHITECT or OWNER 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 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 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 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,
27
Ili
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 recommending 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 he 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 request that ARCHITECT 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 after conferring
with OWNER does not consider the Work substantially complete,ARCHITECT will notify
CONTRACTOR in writing giving his reasons therefor. If ARCHITECT after conferring with
OWNER considers the Work substantially complete,ARCHITECT will prepare and deliver to
OWNER a tentative certificate of substantial completion which shall fix the date of substantial
28
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 ARCHITECT 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
therefor. If, after consideration of OWNER'S objections,ARCHITECT considers the Work
substantially complete,ARCHITECT will,within said fourteen days, execute and deliver to
OWNER and CONTRACTOR a definitive certificate of substantial completion (with a revised
tentative list of items to be completed or corrected) reflecting such changes from the tentative
certificate as he believes justified after consideration of any objections from OWNER. At the
time of delivery of tentative certificate of substantial completion, OWNER and CONTRACTOR
will mutually agree upon the division of responsibilities pending final payment between OWNER
and CONTRACTOR with respect to security,operation,safety, maintenance, heat, utilities,and
insurance.
14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
substantial completion, but OWNER shall allow CONTRACTOR reasonable access to complete
or correct items on the tentative list.
PARTIAL UTILIZATION:
14.10 Use by OWNER of completed portions of the Work may be accomplished prior to substantial
completion of all the Work subject to the following:
14.10.1 OWNER,at any time,may request CONTRACTOR in writing to permit OWNER to use
any part of the Work which OWNER believes to be substantially complete and which
may be so used without significant interference with construction of the other parts of the
Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and
ARCHITECT that said part of the Work is substantially complete,and request
ARCHITECT 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 after conferring with OWNER considers that part of the Work to he
substantially complete,ARCHITECT will execute,and deliver to OWNER and
CONTRACTOR, a certificate to that effect, fixing the date of substantial completion as
to that part of the Work,attaching thereto a tentative list of items to be completed or
corrected before final payment. Prior to issuing a certificate of substantial completion as
to part of the Work,ARCHITECT after conferring with OWNER 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
ARCHITECT has so certified to be substantially complete, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct items on the tentative list.
14.10.2 In lieu of the issuance of a certificate of substantial completion as to part of the work,
OWNER may take over operation of a facility constituting part of the Work, whether or
29
not it is substantially complete,if such facility is functionally and separately usable;
provided that prior to any such takeover,OWNER and CONTRACTOR have agreed as
to the division of responsibilities between OWNER and CONTRACTOR for security,
operation,safety, maintenance,correction period, heat, utilities,and insurance with
respect to such facility.
14.10.3 No occupancy of part of the Work,or taking over of operations of a facility will be
accomplished 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:
14.11 Upon written notice from CONTRACTOR that the Work is complete,ARCHITECT 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.
FINAL APPLICATION FOR PAYMENT:
14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ARCHITECT
and OWNER,and delivered all maintenance and operating instructions, schedules, guarantees,
warranties, certificates of inspection, marked-up record documents, three (3)complete hound
sets of required operations and maintenance manuals and instructions, two(2)sets of as built
drawings,to the extent not already furnished,one(1)copy of all corrected Shop Drawings,
satisfactory evidence that all payroll,material bills and other indebtedness with the Work have
been paid or otherwise satisfied,consent of surety to final payment and other documents,all as
required by the Contract Documents, and after ARCHITECT and OWNER 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 ARCHITECT and OWNER may reasonably
require. Payment shall be processed in accordance with C.R.S. 24-91-103 and C.R.S. 38-26-107.
Notwithstanding the foregoing,CONTRACTOR will provide complete and legally effective lien
releases or waivers satisfactory to OWNER. 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 he
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.
FINAL PAYMENT AND ACCEPTANCE:
30
14.13 If,after conferring with OWNER and on the basis of ARCHITECT'S observation of the Work
during construction and final inspection,and ARCHITECT'S review of the final application for
payment and accompanying documentation,all as required by Contract Documents,
ARCHITECT and OWNER are 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,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,after receipt thereof,pay CONTRACTOR in accordance with the payment
procedures set forth in the Agreement,the amount recommended by ARCHITECT.
CONTRACTOR'S CONTINUING OBLIGATION:
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
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 of a 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.
WAIVER 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 15 —SUSPENSION OF WORK AND TERMINATION
OWNER MAY SUSPEND WORK:
15.1 OWNER may,at any time and without cause,suspend the Work, or any portion thereof, for a
period of not more than ninety days,by notice in writing to CONTRACTOR and 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
31
an increase in the Contract Price,or an extension of the Contract Time,or both,directly
attributable to any suspension,if he makes a claim therefor as provided in Articles 11 and 12.
15.2 Upon the occurrence of any one or more of the following events:
15.2.1 if CONTRACTOR is adjudged bankrupt or insolvent,
15.2.2 if CONTRACTOR makes a general assignment for the benefit of creditors,
15.2.3 if a trustee or receiver is appointed for CONTRACTOR 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 skilled workmen,or suitable
materials or equipment,
15.2.6 if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors, or for
labor, materials,or equipment,
15.2.7 if CONTRACTOR disregards laws,ordinances, rules, regulations,or orders of any public
body having jurisdiction,
15.2.8 if CONTRACTOR disregards the authority of ARCHITECT,or
152.9 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 he 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.
1.5.3 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, terminate the Agreement. In such case,
32
CONTRACTOR shall be paid for all 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 ARCHITECT
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 6.38, 13.1, 13.1 1,
13.14, 14.3,and 15.2,and all of the rights and remedies available to OWNER and ARCHITECT
thereunder,shall be in addition to, and shall not be construed in any way as a limitation of,any
rights and remedies available to any or all of them which are otherwise imposed or available by
law or contract,by special warranty or guarantee,or by other provisions of this paragraph shall he
as effective as if repeated specifically in the Contract Documents in connection with each
particular duty,obligations,right and remedy to which they apply. All representations,
warranties,and guarantees made in the Contract Documents shall survive final payment and
termination or completion of this Agreement.
33
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HEPWORT H'p/ LAK GEOTECHNICAL
',t 97 'j _";15-1-
rm lti :_ i :co'r t Iti:,tn
SUBSURFACE STUDY
PROPOSED SCALE HOUSE AND SCALES
EAGLE COUNTY LANDFILL
COUNTY ROAD 49,NORTH OF WOLCOTT
EAGLE COUNTY,COLORADO
JOB NO. 114 238A
JULY 31, 2014
PREPARED FOR:
KRW CONSULTING,INC.
ATTN: RON RASNIC
8000 WEST 14TH AVENUE,SUITE 200
LAKEWOOD,COLORADO 80214
rrasnic('kr«consiilting.com
II,
EXHIBIT
5
Parker 303-S41-7119 • Colorado Springs 719-633-5562 • Si errhorne 970-468-1989
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY - I -
BACKGROUND INFORMATION - 1
PROPOSED CONSTRUCTION 2
SITE CONDITIONS 2
FIELD EXPLORATION 3
SUBSURFACE CONDITIONS _3 -
FOUNDATION BEARING CONDITIONS -4-
SCALE HOUSE BUILDING -4
DESIGN RECOMMENDATIONS -5 -
FOUNDATIONS 5
SCALES
LATERAL LOADING AND L-PILE DESIGN PARAMETERS -g -
FLOOR SLABS -9
SITE GRADING -9-
PAVEMENT SECTION - 10-
SCALE APPROACHES - 11 -
SURFACE DRAINAGE - 12
LIMITATIONS - 13 -
FIGURE 1 -LOCATION OF EXPLORATORY BORINGS
FIGURE 2-LOGS OF EXPLORATORY BORINGS
FIGURE 3 -LEGEND AND NOTES
FIGURES 4 and 5 -SWELL-CONSOLIDATION TEST RESULTS
TABLE 1- SUMMARY OF LABORATORY TEST RESULTS
PURPOSE AND SCOPE OF STUDY
This report presents the results of a subsurface study for the proposed scale house and
truck scales to be located at the Eagle County Landfill, County Road 49 (Ute Creek
Road),north of Wolcott, Eagle County,Colorado. The project site is shown on Figure 1.
The purpose of the study was to develop recommendations for the foundation design for
the scale house and scales and pavement sections for the scale approaches and scale house
parking areas. The study was conducted in accordance with our agreement for
geotechnical engineering services to KRW Consulting, dated June 17,2014.
A field exploration program consisting of exploratory borings was conducted to obtain
information on the subsurface conditions. Samples of the subsoils and bedrock obtained
during the field exploration were tested in the laboratory to determine their classification,
compressibility or swell and other engineering characteristics. The results of the field
exploration and laboratory testing were analyzed to develop recommendations for
foundation types,depths and allowable pressures for the proposed building and scale
foundations and for pavement section thickness recommendations for the scale
approaches and parking areas surrounding the scale house. This report summarizes the
data obtained during this study and presents our conclusions, design recommendations
and other geotechnical engineering considerations based on the proposed construction and
the subsurface conditions encountered.
BACKGROUND INFORiMATION
Hepworth-Pawlak Geotechnical previously conducted subsurface studies for several other
facilities at the landfill including;
• Subsoil study for foundation design of Modular Office Building,report dated June 23,
1999,Job No. 199 342.
• Subsurface study for foundation design of the Maintenance Shop Building,report
dated February 25,2003,Job No. 103 155.
Job No. 114 238A
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• Geotechnical study for the Household Hazardous Waste Facility,report dated
February 12,2007,Job No. 106 0895.
• Subsurface study for the Recycle Transfer Station,report dated June 30, 2008,Job
No. 108 095A.
Information from these reports has been reviewed and considered in the preparation of
this report.
PROPOSED CONSTRUCTION
The scale house building will be a single story wood frame or modular structure of
approximately 1,400 to 1,500 square feet in size located on the site as shown on Figure 1.
Ground floor will be slab-on-grade at an elevation slightly above the surrounding site
grade. We assume relatively light foundation loadings,typical of the proposed type of
construction.
Two 11'by 70' scales, one new and one relocated,will also be installed adjacent to the
scale house building. The scales will be founded on drilled piers with finished scale
elevations slightly above the surrounding grade. Access drives for the scales, extending
approximately 100 feet on either side, will include concrete and asphalt pavement.
Asphalt and concrete pavement around the building, including a concrete paved
handicapped access ramp,is also anticipated. Grading for the project is assumed to be
relatively minor with cut and fill depths on the order of 3 to 6 feet.
If building loadings, location or grading plans change significantly from those described
above, we should be notified to re-evaluate the recommendations contained in this report.
SITE CONDITIONS
The site is located at the entrance to the existing landfill facility. A previous scale house
located west of the entrance had been demolished and removed prior to our exploration.
A temporary scale house consisting of a single wide trailer and two scales (one working
Job No. 114 238A
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at the time of our site visit)were located just east of the demolished scale house building.
The proposed scale house area was relatively flat and devoid of vegetation. Disturbed
ground and a slightly elevated pad grade were noted in the area of the previous scale
house. Approximately 4 feet of fill was noted on the west side of the north portion of the
exploration area with a boulder retaining wall about 2 feet high running generally north to
south midway through this area.
FIELD EXPLORATION
The field exploration for the project was conducted on July 2,2014. Two exploratory
borings were drilled at the locations shown on Figure 1 to evaluate the subsurface
conditions. Two proposed areas for the scale house building were marked with paint by
the Client prior to our exploration and the exploratory borings were drilled inside the
marked proposed building locations. The borings were advanced with 4 inch diameter
continuous flight augers powered by a truck-mounted CME 45B drill rig. The borings
were logged by a representative of Hepworth-Pawlak Geotechnical,Inc.
Samples of the subsurface materials were taken with a 2 inch I.D. spoon sampler. The
sampler was driven into the subsurface materials at various depths with blows from a 140
pound hammer falling 30 inches. This test is similar to the standard penetration test
described by ASTM Method D-1586. The penetration resistance values are an indication
of the relative density or consistency of the subsoils and hardness of the bedrock. Depths
at which the samples were taken and the penetration resistance values are shown on the
Logs of Exploratory Borings, Figure 2. The samples were returned to our laboratory for
review by the project engineer and testing.
SUBSURFACE CONDITIONS
Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2.
The subsoils in Boring 1 (south building location)consist of about 4 feet of man placed
fill overlying about 9 feet of very stiff sandy clay. The sandy clay was underlain by hard
to very hard shale/claystone bedrock to the full depth of exploration of 20 feet.
Job No. 1 I4 238A
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The subsoils in Boring 2 (north proposed building location)consist of about 2 feet of man
placed fill overlaying approximately 2 feet of very stiff sandy clay. The sandy clay was
underlain by slightly weathered to very hard shale/claystone bedrock to the full depth of
exploration of about 15 feet.
Laboratory testing performed on samples obtained from the borings included natural
moisture content and density,finer than sand size gradation analyses,liquid and plastic
•
limits,and unconfined compressive strength. Results of swell-consolidation testing
performed on relatively undisturbed drive samples of the clay and claystone shale,
presented on Figures 4 and 5,indicate low compressibility under light loading and a nil to
low expansion potential when wetted under a constant 1,000 psf surcharge. Swell
pressures up to about 5,000 psf were measured from the swell-consolidation testing on the
clay soils. The clay soils and claystone have medium plasticity. The laboratory test
results are summarized in Table 1.
No free water was encountered in the borings at the time of drilling. The subsoils and
bedrock were slightly moist to moist.
FOUNDATION BEARING CONDITIONS
SCALE HOUSE BUILDING
Spread footings bearing on the natural clay soils and claystone bedrock,and designed for
a minimum dead load, can be used for foundation support of the building with a risk of
movement. The risk of movement is primarily if the bearing materials become wetted
and precautions should be taken to prevent wetting.
As an alternative,a minimum of 3 feet of base course placed below the footings will limit
(but not eliminate)the risk of foundation movement in the event wetting of the clay and
claystone bearing materials were to occur.
Job No. 1 1 4 238A
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Drilled piers or"screw"piles founded in the claystone bedrock are feasible foundation
alternatives for the building foundation with low potential for movement. Provided
below are recommendations for spread footings. If recommendations for drilled piers or
"screw"piles for the building are desired,we should be contacted.
DESIGN RECOMMENDATIONS
FOUNDATIONS
Considering the subsurface conditions encountered in the exploratory borings and the
nature of the proposed construction,we recommend the building be founded with spread
footings bearing on the native clay or claystone and designed with a minimal dead load.
Footings placed on the clay or claystone subsoils have a risk of foundation movement if
the bearing soils experience changes in moisture content. If differing foundation
materials are encountered at bearing level within the building area(e.g. clay and
claystone),removal of a minimum of 2 feet of the clay soils and replacement with
properly compacted structural fill is recommended and the dead load requirement should
be maintained.
As an alternative the footings could be placed on a minimum of 3 feet of properly
compacted structural fill and the dead load requirement omitted.
Structural fill in foundation areas should consist of CDOT Class 2, 5 or 6 aggregate base
course material compacted to at least 98 percent of the standard Proctor value at a
moisture content near optimum.
The design and construction criteria presented below should be observed for a spread
footing foundation system.
1) Footings placed on the clay or claystone natural site soils should be
designed for an allowable bearing pressure of 2,500 psf with a minimal
Job No. 114 238A
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dead load of 800 psf. If concentrated loads and grade beams are required
to achieve the minimal dead load pressure, a minimum 4 inch void form
should be used below all grade beams to prevent uplift on the grade beams
from soil heave. Footings placed on a minimum of 3 feet of compacted
structural fill can be designed for an allowable bearing pressure of 3,000
psf with no dead load requirement. Based on experience,we expect
settlement of footings designed and constructed as discussed in this section
will be up to about 1 inch. Some additional movement could occur if the
clay and claystone become wetted. The magnitude of the additional
movement would depend on the depth and extent of the wetting but may
be on the order of%2 to 1 inch.
2) The footings should have a minimum width of 16 inches for continuous
walls and 2 feet for isolated pads.
3) Exterior footings and footings beneath unheated areas should be provided
with adequate soil cover above their bearing elevation for frost protection.
Placement of foundations at least 42 inches below exterior grade is
typically adequate for this area of Eagle County.
4) Continuous foundation walls should be heavily reinforced top and bottom
to span local anomalies and better withstand the effects of some
differential movement such as by assuming an unsupported length of at
least 14 feet. Foundation walls acting as retaining structures(if any)
should also be designed to resist a lateral earth pressure corresponding to
an equivalent fluid unit weight of at least 60 pc£ An underdrain should be
provided behind retaining walls to prevent build-up of hydrostatic
pressures.
5) Existing fill and the required depth of soils and/or bedrock should be
removed and the subgrade moistened and compacted prior to the structural
fill placement. Aggregate base course placed as structural fill below the
footings should be compacted to at least 98%of the maximum standard
Proctor density(ASTM D-698)at a moisture content near optimum. The
Job No.114 238A
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structural fill should extend laterally beyond the edges of the footings a
distance equal to at least 1/2 the depth of fill below the footing.
6) A representative of the geotechnical engineer should observe all footing
excavations and observe and test the structural fill placement on a regular
basis prior to concrete placement to evaluate bearing conditions.
SCALES
It is our understanding that the two scales to be installed at the site will be founded on
drilled piers. Total individual scale loading,including dead and live loads, is anticipated
to be 135 tons.
The design and construction criteria presented below should be observed for a straight-
shaft drilled pier foundation system.
1) The pier can be designed for an allowable end bearing pressure of 30,000
psf and a skin friction of 3,000 psf for that portion of the pier embedded in
bedrock. One-half of the allowable skin friction value plus an allowance
for pier dead weight can be used to resist uplift due to structural loading on
the pier. The bedrock encountered within 10 feet of finish ground surface
should be neglected in the skin friction calculations. The allowable end
bearing pressure assumes that the base of the pier is relatively free of
drilling spoil and has been inspected for design pier depth.
2) Piers should also be designed for a minimum dead load pressure of 5,000
psf based on pier end area only. If the minimum dead load requirement
cannot be achieved, the pier length should be extended beyond the
minimum penetration to make up the dead load deficit. This can be
accomplished by assuming one-half the allowable skin friction value given
above acts in the direction to resist uplift.
3) A minimum pier diameter of 12 inches is recommended. The pier should
have a minimum total embedment length of 15 feet with at least 5 feet in
the hard shale bedrock and sufficient embedment to accommodate
structural uplift and lateral forces as calculated by the structural engineer.
Job No. 114 238A GVS-tech
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Mushroom shape at the top of the pier should be avoided and forming of
the top of the pier maybe required to maintain the design pier diameter. If
smaller pier diameters are desired particular care should be taken during
construction to ensure proper pier cleanout of drilling spoils.
4) The pier should be reinforced the full shaft length to resist tension caused
by the potentially expansive clay and claystone. As a minimum, the pier
should be reinforced with one No. 5 bar per 14 inches of pier
circumference.
5) The pier hole should be properly cleaned prior to placement of concrete.
The shale is hard which indicates that casing of the hole should not be
required. Placing concrete in the pier hole the same day as drilling is
recommended to prevent caving or slough from entering the hole and
possible seepage development.
6) Pier concrete should have a slump between 5 and 7 inches and be
sufficiently fluid to freely surround the reinforcing steel without
segregation of the concrete or void formation. The concrete placement
should be observed and the concrete tested for conformance to project
specifications at the time of placement by a representative of the
geotechnical engineer.
7) The pier drilling contractor should mobilize equipment of sufficient size to
achieve the design pier size and depth including the possible need for a
rock or coring bit.
8) Free water was not encountered in the borings made at the site and it
appears that dewatering will not be needed.
9) A representative of the geotechnical engineer should observe pier drilling
operations on a full-time basis.
LATERAL LOADING AND L-PILE DESIGN PARAMETERS
A horizontal modulus of subgrade reaction of 250 tcf for the shale bedrock may be used
to resist calculated lateral loads. The following table presents recommended
L-pile design parameters for the onsite clay and shale bedrock.
Job No. 114 238A
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Internal
Soil Type K(pci) Unit Weight Cohesion Friction
(lb/in ) (psi) Angle sso
(degrees)
Clay 1000 0.07 14 0 0.005
Bedrock 2000 0.07 30 0 0.004
FLOOR SLABS
It is our understanding that granular fill material is proposed to be imported from sites in
Vail, Colorado and that finished floor slab level of the building will be raised several feet
relative to the surrounding grade. Based on the expansion potential of the subgrade soils
and shale bedrock and the results of laboratory testing of the proposed import fill
material,a minimum 5 feet of properly compacted,imported granular fill should be
provided below the building floor slab. The 5 feet of granular fill will not eliminate the
risk of floor slab heave but will act to reduce the effects if wetting were to occur. A
subgrade modulus of 180 tcf can be used to design the slab. To reduce the effects of
some differential movement, floor slabs should be separated from all bearing walls and
columns with expansion joints which allow unrestrained vertical movement. Floor slab
control joints should be used to reduce damage due to shrinkage cracking. The
requirements for joint spacing and slab reinforcement should be established by the
designer based on experience and the intended slab use.
All fill materials for support of floor slabs should be compacted to at least 95%of
maximum standard Proctor density at a moisture content near optimum. The fill should
not include vegetation, topsoil and rock larger than about 8 inches.
SITE GRADING
The risk of construction-induced slope instability at the site appears low provided the
building is located as planned, and cut and fill depths are limited. We assume the cut and
Job Igo. 1 f 4 238A HPtech
- 10-
fill depths will be relatively minor and around 3 to 6 feet. Fills should be compacted to at
least 95%of the maximum standard Proctor density near optimum moisture content.
Prior to fill placement,the subgrade should be carefully prepared by removing all
vegetation and man placed fill,scarifying,moisture conditioning to slightly above
optimum and compacting to at least 95% of the maximum standard Proctor density.
PAVEMENT SECTION
Paved scale approaches, extending approximate 100 feet on either side of the scales,will
be paved with asphalt and Portland cement concrete. Traffic loading will include
relatively large,heavily loaded trucks on the scale approaches. Pavement around the
scale building,including the handicapped access ramp,will be Portland cement concrete
and asphalt pavement and traffic loading in this area is assumed to be relatively light.
Based on estimated traff c of 1 vehicle every two minutes,with 90 percent truck ratio,we
have calculated a value of 1,500,000 20 year 18-kip ESAL's for the proposed scale
approaches. Utilizing Table 1.3 from the CDOT Pavement Design Manual we have used
a reliability factor of 70 for the approaches. A serviceability loss of 2.5 (OPSI)was used.
The subgrade soils encountered in the scale approach areas at the site are generally sandy
clays and claystone shale with an AASHTO Classification of A-6. These soils are
considered poor for support of pavement sections. An estimated Hveem "R"value of 5
was used based on plasticity index and material passing the#200 sieve obtained by
laboratory testing for the sandy clay soils,which roughly equates to a subgrade resilient
modulus value of 3000 psi. The subgrade soils are considered moderately susceptible to
frost action and proper site drainage is important in maintaining a low moisture condition
in the pavement subgrade soils to prevent frost heave and subsequent damage to the
pavement section.
Based on the above calculated factors and using Equation 3.1 from the CDOT Pavement
Design Manual and an in house spreadsheet,a Structural Number of 4.2 was determined
Job No. 114 238A
G�PteCh
- 11 -
for the scale approaches on the project. Based on an estimated count of 20 vehicles per
day,with 90 percent cars, a Structural Number of 3.0 was calculated for the parking areas
around the scale house.
Structural layer coefficients of 0.44 for hot mix asphalt, 0.12 for CDOT CIass 6 aggregate
base course and 0.10 for CDOT Class 2 equivalent subbase were subsequently used in our
calculation of the recommended pavement sections. Specific drainage information was
not available so a drainage coefficient of I was utilized for the base course and subbase as
recommended in the Pavement Design Manual.
It is our goal to provide a pavement section that is cost effective, constructible and
performs as required over the life of the pavement. The tables below present asphalt and
concrete pavement section options based on our site exploration, calculations noted above
and our experience with similar projects in the area.
SCALE APPROACHES
Hot Mix Asphalt CDOT Class 6 Aggregate CDOT Class 2 Structural Number
Pavement(inches) Base Course(inches) Subbase(inches) of Pavement Section
5 10 14
4.24
6 8 10 4.20
Concrete ' CDOT Class 6 Aggregate CDOT Class 2 Structural Number
Pavement(inches) Base Course(inches) Subbase(inches) of Pavement Section
8 4 -- � --
SCALE HOUSE PARKING AREAS AND HANDICAPPED RAMP
Hot Mix Asphalt CDOT Class 6 Aggregate CDOT Class 2 Structural Number
Pavement(inches) Base Course(inches) Subbase(inches) of Pavement Section
4 5 11 3.02
Concrete CDOT Class 6 Aggregate CDOT Class 2 Structural Number
Pavement(inches) Base Course(inches) Subbase(inches) of Pavement Section
6 4 --
The asphalt should be a batched hot mix, approved by the engineer and placed and
compacted to the project and CDOT specifications.
. Job No. 114 233A
GgRech
- 12-
For concrete pavement design,a modulus of subgrade reaction of 90 psi/in may be used
for the sandy clay and claystone subgrade. Concrete pavement should have a minimum
28 day compressive strength of 4,500 psi,entrained air content in the range of 5 to 8
percent and otherwise conform to CDOT and project specifications.
The base course and subbase should meet CDOT Class 6 and Class 2 specifications,
respectively. All base course, subbase and required subgrade fill should be compacted to
a minimum of 95%of the maximum standard Proctor density at a moisture content within
2% of optimum or to project specifications.
Required fill to establish design subgrade level can consist of imported granular soils
approved by the geotechnical engineer. Prior to fill placement the subgrade should be
stripped of any fill, topsoil and vegetation,scarified to a depth of 8 inches, adjusted to
near optimum moisture content and compacted to at least 95%of standard Proctor
density. The subgrade should be proofrolled prior to placement of pavement section
materials. Areas that deflect excessively should be corrected before placing pavement
section materials. The subgrade improvements and placement and compaction of
subbase,base course and asphalt materials should be monitored on a regular basis by a
representative of the geotechnical engineer.
Proper drainage in pavement areas is imperative for the satisfactory performance and
longevity of the pavement section. The pavement design recommendations presented
above assume proper drainage design and drained pavement section conditions.
SURFACE DRAINAGE
Positive surface drainage is an important aspect of the project to prevent wetting of the
bearing soils. The following drainage precautions should be observed during construction
and maintained at all times after the building has been completed:
1) Inundation of the foundation excavations and underslab areas should be
avoided during construction.
Job No. 114 238A Ctech
-2) Exterior backfill should be adjusted to near optimum moisture and
compacted to at least 95%of the maximum standard Proctor density in
pavement and slab areas and to at least 90%of the maximum standard
Proctor density in landscape areas.
3) The ground surface surrounding the exterior of the building should be
sloped to drain away from the foundation in all directions. We
recommend a minimum slope of 6 inches in the first 10 feet in unpaved
areas and a minimum slope of 2'/2 inches in the first 10 feet in paved areas.
4) Roof downspouts and drains should discharge well beyond the limits of all
backfill and foundation areas.
LIMITATIONS
This study has been conducted in accordance with generally accepted geotechnical
engineering principles and practices in this area at this time. We make no warranty either
express or implied. The conclusions and recommendations submitted in this report are
based upon the data obtained from the exploratory borings drilled at the locations
indicated on Figure 1, the proposed type of construction and our experience in the area.
Our services do not include determining the presence,prevention or possibility of mold or
other biological contaminants(MOB C)developing in the future. If the client is
concerned about MOB C,then a professional in this special field of practice should be
consulted. Our findings include interpolation and extrapolation of the subsurface
conditions identified at the exploratory borings and variations in the subsurface
conditions may not become evident until excavation is performed. If conditions
encountered during construction appear different from those described in this report,we
should be notified so that re-evaluation of the recommendations may be made.
This report has been prepared for the exclusive use by our client for design purposes. We
are not responsible for technical interpretations by others of our information. As the
project evolves, we should provide continued consultation and field services during
construction to review and monitor the implementation of our recommendations, and to
Job No. 114 238A G�e&ech
- 14-
verify that the recommendations have been appropriately interpreted. Significant design
changes may require additional analysis or modifications to the recommendations
presented herein. We recommend on-site observation of excavations and foundation
bearing strata and testing of structural fill by a representative of the geotechnical
engineer.
Respectfully Submitted,
HEPWORTH -PAWLAK GE• ,,a. `>'�+av<A, INC.
_ Q�90 LIC_j';,
-�btiP. P sk i
bw '"�
i' 47281
James A. Parker, P.E.,P.G. `,-o',
Reviewed by: t;tPhs �aNAL i�1� °
* ,,/ ,---4..--./ 'Pc,--g_
Steven L. Pawlak,P.E.
JAP/ksw
cc: Eagle County—Rick Ullom(rick.ullom @eaglecounty.us)
Menendez Architects—Luis Menendez(Ima,c sopris.net)
Job No. 114 233A Ge. tech
I EXISTING LOW BOULDER WALL
/ 1
1 /
1 I I PROPOSED
+ /( / SCALE HOUSE
1 / / 0
/
1 / / PROPOSED �!� 7260
1 / SCALE 0►k PROPOSED
� r -
/ r _ SCALE
1 / I © r�
/ / p //
1 / I p i`- _/ /1 �— o
�/ / / BORING 2 / /
�V / / 1 REMOVED I /!
n / / ( SCALE HOUSE fJ /
/l / I ,:/ /
1 J
• 7, l /
i ( BORING 1/ r.-/ /
I 1 / ` / /1 /
TEMPORARY
1 J/ \ I I ///SCALE HOUSE
f ,■° 0 ( ■ J -/
co
c N
k.
/
/
/
r�0
APPROXIMATE SCALE
=60'
:, v'
11 H Fftec
I . h LOCATION OF EXPLORATORY BORINGS Figure 1
HEPWORTH-PAWLAK GEOTECHNICAL
BORING 1 BORING 2
ELEV.= 7263' ELEV.= 7261'
. 7270 7270
FF=7266.76'
7265 7265
9/12
7260 4� 7260
Iii a)
15/12
o , 23/12 WC=20.6 Ii
WC=15.7 DD=103
ro DD=116 0
as
7255 1 13/12 WC=23.0 40/12
DD=100 WC=12.6 7255 s.2
-200=95 DD=114 w
LL=40
14/12 PI=19
^' WC=21.4 UC=3,350
DD=103
7250 54/12
7250
— , 50/8
7245 25/0
7245
1 50/2
7240
7240
Note: Explanation of symbols is shown on Figure 3.
H
114 238A 1 Gtech I LOGS OF EXPLORATORY BORINGS Figure 2
HEPWORTH-PAWLAK GEOTECHNICAL I
II
LEGEND:
FILL;man-placed clayey sand with gravel,some asphalt debris.
CLAY(CL); silty,sandy,stiff to very stiff,moist, brown, medium plasticity.
^7
CLAYSTONE/SILTSTONE BEDROCK; medium hard to hard with depth,slightly moist, dark brown to black.
Relatively undisturbed drive sample;2-inch I.D.California liner sample.
9112 Drive sample blow count;indicates that 9 blows of a 140 pound hammer falling 30 inches were
required to drive the California sampler 12 inches.
NOTES:
1. Exploratory borings were drilled on July 2,2014 with 4-inch diameter continuous flight power auger.
2. Locations of exploratory borings were measured approximately by pacing from features shown on the site plan
provided.
3. Elevations of exploratory borings were obtained by interpolation between contours shown on the site plan provided.
4. The exploratory boring locations and elevations should be considered accurate only to the degree implied by the
method used.
5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between
material types and transitions may be gradual.
6. No free water was encountered in the borings at the time of drilling. Fluctuation in water level may occur with time.
7. Laboratory Testing Results:
WC =Water Content(%)
DD= Dry Density(pcf)
-200= Percent passing No.200 sieve
UC= Unconfined Compressive Strength(psf)
it
114 238A III� -•.e ,
eeeh LEGEND AND NOTES I Figure 3
HEPWORTH-PAWLAK GEOTECHNICAL
Moisture Content= 15.7 percent
Dry Density= 116 pcf
Sample of: Sandy Clay
ez From: Boring 1 at 5 Feet
0 1
0
c
as
a •
x
W Q
•-
C
CO
0
o
0 1
E Expansion
upon
wetting
0.1 1.0 10 100
APPLIED PRESSURE-ksf
Moisture Content= 21.4 percent
Dry Density= 103 pcf
Sample of: Sandy Clay
From: Boring 1 at 10 Feet
0
t
c*
c o
0 1 •
0
Q
x
w
c
2 0
O_
CO
2
� 3 •
0 Expansion
upon
4 wetting
0.1 1.0 10 100
APPLIED PRESSURE-ksf
114 238A GgreteCh SWELL-CONSOLIDATION TEST RESULTS Figure 4
HEPWORTH-PAWLAN GEOTECHNICAL i
Moisture Content= 20.6 percent
Dry Density= 103 pcf
Sample of: Sandy Clay
From: Boring 2 at 2 Feet
0 0
0
a
X
w 2
•
0 Expansion
upon `
0
3 wetting \b
E
0
U
4
0.1 1.0
10 700
APPLIED PRESSURE-ksf
Moisture Content= 12.6 percent
Dry Density= 114 pcf
Sample of: Claystone/Siltstone
From. Boring 2 at 5 Feet
0
•
1
0
a ' No movement
Q upon
0 2
•
•
0
3
0.1 1.0 10 100
APPLIED PRESSURE-ksf
114 238A GgigteCh
HEPWORT GEOTECHNICAL SWELL-CONSOLIDATION TEST RESULTS Figure 5
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HEPWORTH-FAWLAF SEOTECI INI SAL
September 11, 2014
KRW Consulting,Inc.
Attn: Ron Rasnic
8000 West 14th Avenue, Suite 200
Lakewood,Colorado 80214
12l asnicii.Ncrwconsuliinn7_cojn)
Job No.114 238A
Subject: Engineering Recommendations Clarification Letter, Subsurface Study,
Proposed Scale House and Scales,Eagle County Landfill,County Road
49,North of Wolcott, Eagle County, Colorado
Gentlemen:
As requested by Ron Rasnic with KRW Consulting in an email correspondence on
September 11,2014,we are providing clarification of several recommendations presented
in our subsurface study report for the subject project,Job No. 114238A,dated July 31,
2014. The items include the use of foundation drains for below grade construction,
recommended frost depth for spread footings, and shallow foundation recommendations
for the truck scales. Our clarifications and recommendations are presented below.
Foundation Drains: Although free water was not encountered during our exploration, it
has been our experience that local perched groundwater can develop during times of
heavy precipitation or seasonal runoff. Frozen ground during spring runoff can create a
perched condition. We recommend below-grade construction, such as retaining walls,
crawlspace and basement areas(if constructed),be protected from wetting and hydrostatic
pressure buildup by an underdrain system. The drains should consist of drainpipe placed
in the bottom of the wall backfill surrounded above the invert level with free-draining
granular material. The drain should be placed at each level of excavation and at least 1
foot below lowest adjacent finish grade and sloped at a minimum 1%to a suitable gravity
outlet. Free-draining granular material used in the underdrain system should contain less
than 2%passing the No.200 sieve, less than 50%passing the No.4 sieve and have a
maximum size of 2 inches. The drain gravel backfill should be at least 1'/2 feet deep.
I•Nrker 303- -11 119 • Colorado Srrin . 719-633-5562 • Silvertil,wrn 970468-1%9
-2-
Frost Depth: As noted in our previous report on Page 6,Foundations section for the
scale house,exterior footings and footings beneath unheated areas(such as the scale
foundations)should be provided with adequate soil cover above their bearing elevation
for frost protection. The elevation of the project site is approximately 7300'msl. Based
on our experience,placement of foundations at least 42 inches below exterior grade is
typically adequate for this area of Eagle County and corresponding site elevation.
Shallow Foundations for Scale Support: In our referenced report for the project we
presented drilled pier foundation recommendations for support of the proposed scales.
Based on your correspondence and a review of the scale foundation plans by Cardinal
Scale Manufacturing Company,we understand that the scales are proposed to be founded
on spread footings with an allowable bearing pressure of 3,000 psf.
Footings placed on the clay or claystone subsoils have a risk of foundation movement if
the bearing soils experience changes in moisture content. Over-excavation of a depth of
the clay soils and claystone in foundation areas and replacement with granular structural
fill will serve to limit but not eliminate the potential for foundation movement. Footings
placed on a minimum of 3 feet of compacted structural fill can be designed for an
allowable bearing pressure of 3,000 psf. The fill should extend a minimum of 2 feet
beyond the foundation perimeter. Based on experience,we expect initial settlement of
footings designed and constructed as discussed in this section will be up to about 1 inch
and partly occur during construction. Some additional movement could occur if the clay
and claystone subsoils become wetted. The magnitude of the additional movement would
depend on the depth and extent of the wetting but may be on the order of%to 1 inch. To
minimize the potential for wetting of the subsoils,the ground surface surrounding the
scales should be sloped to drain away from the foundation areas in all directions
according to Surface Drainage section on pages 12 and 13 in our previous report.
Structural fill in foundation areas should consist of CDOT Class 2,5 or 6 aggregate base
course material. The fill should be placed in 8 inch maximum loose lifts at a moisture
content near optimum and compacted to at least 98 percent of the standard Proctor value.
Loose and disturbed soils and existing fill encountered at the foundation bearing level
within the excavation should be removed and the excavation level extended down to the
undisturbed natural soils. The foundation excavations should be observed by a
Job No.I 14 238A
Gg.Gtech
-3 -
representative of the geotechnical engineer to assess bearing conditions and test the
backfill material for compaction.
Other recommendations presented in our subsurface study report for the subject project
remain valid.
If you have any questions, or if we may be of further assistance,please let us know.
Respectfully Submitted,
HEPWORTH-PAWLAK GEOTECHNICAL, INC.
A r NO 0 04,14,
..* , c A. P, 3
James A. Parker,P.E.,P.G. ; � �
'i�t\ 9//z/iy,
Rev.by: SLP 'i# ��5 ' ss� r
t��l lay AL tee`
JAP/ksw
cc: Eagle County—Rick Ullom(rick.ullom(eeeMecou ntv.us)
Menendez Architects—Luis Menendez(lma(ccsooris.net)
Glenwood Structural and Civil—Adolfo Gorra(osc(Ct sopris.net
Job No.l 14 238A — — —
Ge tech
mac § x n° '' t ` i ! `! i-...
HEP QRSTH-PAWL AK G EDk}..CHN ICA!... -
September 23,2014
KRW Consulting,Inc.
Attn: Ron Rasnic
8000 West 14u'Avenue, Suite 200
Lakewood, Colorado 80214
(R Rasnieunr_cvconsul tiny,cc3ru)
Job No.114 238A
Subject: Supplemental Recommendations Letter, Subsurface Study,Proposed Scale
House and Scales,Eagle County Landfill, County Road 49,North of
Wolcott, Eagle County, Colorado
Gentlemen:
As requested by Joe Hess with KRW Consulting in an email correspondence on
September 18,2014,we are providing supplemental recommendations in regards to scale
house building bearing conditions and the scale foundations. The recommendations
provided in this letter are in addition to and supplemental to those provided in our
subsurface study report and clarification letter for the subject project,Job No. 114 238A,
dated July 31,2014,and September 11,2014,respectively. Our supplemental
recommendations are presented below.
Building Foundation: Recommendations provided in our subsoil study for the project
recommend that the scale house building be founded on the undisturbed natural clay or
claystone bedrock with an allowable bearing pressure of 2,500 psf and a minimum dead
load pressure of 800 psf with some risk of movement. A review of information provided
in our exploratory borings,performed as part of our subsoil study for the project and test
pits excavated by others,indicates that the claystone bedrock profile under the proposed
scale house is irregular and occurs at proposed bearing elevation in portions of the
building and below bearing elevation in other portions. Footings placed at the proposed
bearing elevation would be founded on both claystone and clay soils,each with somewhat
dissimilar engineering characteristics. As noted in our subsoil study,placement of the
footings in this manner would tend to increase the differential movement potential of the
structure and sub-excavation below design bearing level of a minimum of 2 feet and
replacement with properly compacted structural fill is recommended as a means to reduce
l ail: : ;LF; 41-7! 1 ) * i &,lr 1.1.1!, S -ru; 71•i "i1-�,.�rr _4 ;, �,
-2-
but not eliminate the potential for differential movement across the structure. Foundation
areas prepared in this manner should be suitable for support of the proposed structure
with an allowable bearing pressure of 2,500 psf and a minimum dead load pressure of 800 .
psf with some risk of movement. The risk of movement of the structure will increase if
the bearing soils become wetted and precautions should be taken to minimize wetting of
the subsoils and structural fill in foundation areas. Structural fill in foundation areas
could consist of the on-site clay soils, exclusive of oversized material and unprocessed
claystone,placed in maximum 8 inch loose lifts and compacted to a minimum of 95
percent and a maximum of 100 percent of the standard Proctor value for the soil at
moisture contents of optimum to 4 percent above optimum. Structural fill should extend
a minimum of 2 feet beyond the perimeter of the footings. Prior to placement of the
structural fill,the foundation subgrade should be scarified to a depth of 6 inches,moisture .
conditioned and compacted. Proper placement,moisture conditioning and compaction of
the structural fill will be critical in reducing the potential for differential movement across
the structure. We recommend observation and testing of the structural fill for compaction
and moisture content by a representative of the geotechnical engineer during placement.
We expect the natural clay soils used as structural fill and placed and compacted as noted
above,will have limited potential for expansion,but expansion potential should be
evaluated by laboratory testing during construction.
Due to the relatively small size of the building footprint(approx.30'x 60'),it may be
more feasible to achieve relatively uniform bearing conditions by over-excavating the
entire building footprint to the recommended over-excavation depth and replace the
removed material with structural fill as noted above. This procedure could also reduce
the expansion potential below building floor slab areas.
Scale Foundations: A review of the scale drawings by Cardinal Scale Manufacturing
Company,indicates that the scales are designed to be founded on shallow spread footing
piers with a design bearing pressure of 3,000 psf. As noted in our subsoil study for the
project and subsequent clarification letter dated,September 8,2014,footings maybe
designed for an allowable bearing pressure of 3,000 psf if founded on a minimum of 3
feet of properly compacted granular structural fill. As an alternative,the scale footings
maybe resized to accommodate the recommended bearing pressure of 2,500 psf with a
minimum dead load pressure of 800 psf. As noted in the section above for the scale
house,subexcavation of the foundation areas to a minimum depth of 2 feet below the
design bearing level and replacement with properly compacted structural fill is
Job No.114 238A
Ge Ptech
-3 -
recommended to reduce the potential for differential movement. Footings designed in
this manner should be adequate for support of the scales with some risk of movement.
The risk of movement is primarily if the bearing soils become wetted and precautions
should be taken to minimize wetting of the subsoils in scale foundation areas. The
constructed fill should be evaluated by laboratory testing for expansion potential at the
time of construction.
Other recommendations presented in our subsurface study report for the subject project
and subsequent clarification letter remain valid.
If you have any questions,or if we may be of further assistance,please let us know.
Respectfully Submitted,
HEPWORTH-PAWLAK GEOTECHNICAL, INC.
67"- 1.44,
.
•
13
James A.Parker,P.E.,P.G. ',' '
.S. , 9/z
Rev.by: SLP -?t 1S/0NAL
JAP/ksw
cc: KRW Consulting,Inc.—Joe Hess(JHess(iukrwconstllting.com)
Eagle County—Rick Ullom(rick.ullom(creaglecounty.us)
Menendez Architects—Luis Menendez(LAM(iimenendezarchitects.com)
Glenwood Structural and Civil—Adolfo Gorra(gsc(t sopris.net),
Job No.114 238A
sect,
COMcheck Software Version 3.9.4
(PIO
Envelope Compliance Certificate
2009 IECC
Section 1: Project Information
Project Type:New Construction
Project Title:EAGLE COUNTY LANDFILL SCALE HOUSE
Construction Site: Owner/Agent: Designer/Contractor:
UTE CREEK EAGLE COUNTY MENENDEZ ARCHITECTS,P.0
WOLCOTT,CO 81655 PO BOX 850 715 W.MAIN ST
EAGLE,CO 81631 SUITE 104
970-328-8780 ASPEN,CO 81611
rickullom @eaglecounty.us 970-544-4851
LMA©SOPRIS.NET
Section 2: General Information
Building Location(for weather data): Eagle,Colorado
Climate Zone: 6b
Building Space Conditioning Type(s): Nonresidential
Vertical Glazing/Wall Area Pct.: 11% E BIT
Activity Type(s) Floor Area
Office 1350
Section 3: Requirements Checklist
Envelope PASSES:Design 2%better than code.
Climate-Specific Requirements:
Component Name/Description Gross Cavity Cont. Proposed Budget
Area or R-Value R-Value U•Factor U-Factor(a)
Perimeter
Roof:Attic Roof with Wood Joists 1450 22.0 21.0 0.023 0.027
Exterior Walls:Wood-Framed,16"o.c. 2260 11.2 9.8 0.048 0.051
Windows:Metal Frame with Thermal Break,Perf.Type:Other 253 --- --- 0.470 0.550
testing/cert.Product ID:n/a,SHGC 0.27,PF 1.00(b)
Entry Door:Insulated Metal,Swinging 24 --- --- 1.000 0.700
Floor 1:Slab-On-Grade:Unheated,Vertical 2 ft. 176 --- 10.0 --- ---
(a)Budget U-factors are used for software baseline calculations ONLY,and are not code requirements.
(b)Fenestrations product performance must be certfied in accordance with NFRC and requires supporting documentation.
Air Leakage, Component Certification,and Vapor Retarder Requirements:
1. All joints and penetrations are caulked,gasketed or covered with a moisture vapor-permeable wrapping material installed in accordance
with the manufacturer's installation instructions.
o 2. Windows,doors,and skylights certified as meeting leakage requirements.
o 3. Component R-values&U-factors labeled as certified.
o 4. No roof insulation is installed on a suspended ceiling with removable ceiling panels.
o 5. 'Other'components have supporting documentation for proposed U-Factors.
o 6. Insulation installed according to manufacturer's instructions,in substantial contact with the surface being insulated,and in a manner that
achieves the rated R-value without compressing the insulation.
o 7. Stair,elevator shaft vents,and other outdoor air intake and exhaust openings in the building envelope are equipped with motorized
dampers.
Project Title:EAGLE COUNTY LANDFILL SCALE HOUSE Report date: 10/29/14
Data filename:P:\Current Projects114014.00-ECO Landfill Scale House\Calculations\COMcheck\ECO Scale House
❑ 1. Water heating equipment meets minimum efficiency requirements: No efficiency requirements for water heater with storage capacity
less than 20 gallons.
❑ 2. First 8 ft of outlet piping is insulated
❑ 3. Hot water storage temperature controls that allow setpoint of 90°F for non-dwelling units and 110°F for dwelling units.
❑ 4. Heat traps provided on inlet and outlet of storage tanks
Generic Requirements: Must be met by all systems to which the requirement is applicable:
❑ 1. Plant equipment and system capacity no greater than needed to meet loads
Exception(s):
❑ Standby equipment automatically off when primary system is operating
❑ Multiple units controlled to sequence operation as a function of load
❑ 2. Minimum one temperature control device per system
❑ 3. Minimum one humidity control device per installed humidification/dehumidification system
❑ 4. Load calculations per ASHRAE/ACCA Standard 183.
❑ 5. Automatic Controls:Setback to 55°F(heat)and 85°F(cool);7-day clock,2-hour occupant override,10-hour backup
Exception(s):
❑ Continuously operating zones
❑ 6. Outside-air source for ventilation;system capable of reducing OSA to required minimum
❑ 7. R-5 supply and return air duct insulation in unconditioned spaces
R-8 supply and return air duct insulation outside the building
R-8 insulation between ducts and the building exterior when ducts are part of a building assembly
Exception(s):
❑ Ducts located within equipment
❑ Ducts with interior and exterior temperature difference not exceeding 15°F.
❑ 8. Mechanical fasteners and sealants used to connect ducts and air distribution equipment
❑ 9. Ducts sealed-longitudinal seams on rigid ducts;transverse seams on all ducts;UL 181A or 181 B tapes and mastics
❑ 10.Hot water pipe insulation: 1.5 in.for pipes<=1.5 in.and 2 in.for pipes>1.5 in.
Chilled water/refrigerant/brine pipe insulation: 1.5 in.for pipes<=1.5 in.and 1.5 in.for pipes>1.5 in.
Steam pipe insulation: 1.5 in.for pipes<=1.5 in.and 3 in.for pipes >1.5 in.
Exception(s):
❑ Piping within HVAC equipment.
❑ Fluid temperatures between 55 and 105°F.
❑ Fluid not heated or cooled with renewable energy.
❑ Piping within room fan-coil(with AHR1440 rating)and unit ventilators(with AHRI840 rating).
❑ Runouts<4 ft in length.
❑ 11.Operation and maintenance manual provided to building owner
❑ 12.Balancing devices provided in accordance with IMC 603.17
❑ 13.Demand control ventilation(DCV)present for high design occupancy areas(>40 person/1000 ft2 in spaces>500 ft2)and served by
systems with any one of 1)an air-side economizer,2)automatic modulating control of the outdoor air damper,or 3)a design outdoor
airflow greater than 3000 cfm.
Exception(s):
❑ Systems with heat recovery.
❑ Multiple-zone systems without DDC of individual zones communicating with a central control panel.
❑ Systems with a design outdoor airflow less than 1200 cfm.
❑ Spaces where the supply airflow rate minus any makeup or outgoing transfer air requirement is less than 1200 cfm.
❑ 14.Motorized,automatic shutoff dampers required on exhaust and outdoor air supply openings
Exception(s):
❑ Gravity dampers acceptable in buildings<3 stories
❑ 15.Automatic controls for freeze protection systems present
❑ 16.Exhaust air heat recovery included for systems 5,000 cfm or greater with more than 70%outside air fraction or specifically exempted
Exception(s):
❑ Hazardous exhaust systems,commercial kitchen and clothes dryer exhaust systems that the International Mechanical Code
prohibits the use of energy recovery systems.
❑ Systems serving spaces that are heated and not cooled to less than 60°F.
❑ Where more than 60 percent of the outdoor heating energy is provided from site-recovered or site solar energy.
❑ Heating systems in climates with less than 3600 HDD.
❑ Cooling systems in climates with a 1 percent cooling design wet-bulb temperature less than 64°F.
❑ Systems requiring dehumidification that employ energy recovery in series with the cooling coil.
Project Title:EAGLE COUNTY LANDFILL SCALE HOUSE Report date:10/29/14
Data filename:P:\Current Projects\14014.00-ECO Landfill Scale House\Calculations\COMcheck\ECO Scale House
❑ Laboratory fume hood exhaust systems that have either a variable air volume system capable of reducing exhaust and makeup air
volume to 50 percent or less of design values or,a separate make up air supply meeting the following makeup air requirements:
a)at least 75 percent of exhaust flow rate,b)heated to no more than 2°F below room setpoint temperature,c)cooled to no lower
than 3°F above room setpoint temperature,d)no humidification added,e)no simultaneous heating and cooling.
Section 5: Compliance Statement
Compliance Statement: The proposed mechanical design represented in this document is consistent with the building plans,specifications
and other calculations submitted with this permit application.The proposed mechanical systems have been designed to meet the 2009 IECC
requirements in COMcheck Version 3.9.4 and to comply with the mandatory requirements in the Requirements Checklist.
J iii C /Z C��7LJG�I '"~ /0/e 7/)4'
Name-Title Sign. . • Date
Section 6: Post Construction Compliance Statement
❑ HVAC record drawings of the actual installation,system capacities,calibration information,and performance data for each equipment
provided to the owner.
❑ HVAC O&M documents for all mechanical equipment and system provided to the owner by the mechanical contractor.
❑ Written HVAC balancing and operations report provided to the owner.
The above post construction requirements have been completed.
Principal Mechanical Designer-Name Signature Date
Project Title:EAGLE COUNTY LANDFILL SCALE HOUSE Report date: 10/29/14
Data filename:P:1Current Projects114014.00-ECO Landfill Scale House\Calculations\COMcheck\ECO Scale House
ADDENDUM AND CLARIFICATION NO. 1
DATE: December 3,2014
Owner: Project:
Eagle County Eagle County Landfill Scale House
500 Broadway 815 Ute Creek Road
P.O. Box 850 Wolcott,CO
Eagle,CO 81631
Purpose: The purpose of this Addendum is to make changes, additions, deletions,
revisions and clarifications to the bidding documents dated November 14, 2014 for the
above referenced project. Bidders shall review the Addendum work and requirements in
detail and incorporate any effects the Addendum may have in their bid price.
Acknowledgement: Bidders must acknowledge receipt of any and all Addenda in the
Bid Form. All requirements of the bidding documents remain unchanged except as cited
herein and in previous addenda:
1. Clarifications: Add the following questions and answers:
1.1 Question: I see that the insulation R values have been bumped up a bit from
the last design. I don't see any call out for under-slab insulation.
Should there be any under the concrete slab on grade?
Answer: Please be sure you are referencing the correct Insulation
Schedule as the R-values have decreased not increased from
the previous design. The Insulation Schedule is on Sheet A-30
and should have a Print Date of 11/12/14 and a Issue date of
11/14/14 as Re-Design Bid Set. The Foundation Wall
Insulation of R-10 serves as slab insulation as far as the code
is concerned. There is no additional insulation required
under the slab.
End of Document
EXHIBIT
Addendum No. 1 -Page 1 of 1
ADDENDUM AND CLARIFICATION NO. 2
DATE: December 5,2014
Owner: Project:
Eagle County Eagle County Landfill Scale House
500 Broadway 815 Ute Creek Road
P.O.Box 850 Wolcott,CO
Eagle, CO 81631
Purpose: The purpose of this Addendum is to make changes, additions, deletions,
revisions and clarifications to the bidding documents dated November 14, 2014 for the
above referenced project. Bidders shall review the Addendum work and requirements in
detail and incorporate any effects the Addendum may have in their bid price.
Acknowledgement: Bidders must acknowledge receipt of any and all Addenda in the
Bid Form. All requirements of the bidding documents remain unchanged except as cited
herein and in previous addenda:
1. Clarifications: Add the following questions and answers:
1.1 Question: Reference Page 4 of the Soils Report Prepared by HP Geotech:
Under the Foundation Bearing Conditions section, two methods
are proposed for the spread footings. Footer can bear on the
existing clay soils and claystone bedrock or the alternative
method of placing a minimum of 3 feet of base course below the
footings. On sheet S1.1, note 5 states that all footings shall be
placed on 24" minimum of compacted and tested structural fill
that should extend laterally beyond the edge of the foundation
24". Shall pricing be based on the structural note 5?
Answer: Pricing shall be based on General Notes, Foundations and
Concrete, Note 5. See also sheet S2.1, Excavation Notes &
Recommendations, Item 1. Structural fill should extend a
minimum of 2 feet beyond the perimeter of footings. See
also HP Geotech's Supplemental Recommendations Letter
dated September 23,2014 (at back of soils report).
1.2 Question: Reference page 7 of the Soils Report Prepared by HP Geotech:
It states that the two scales will be founded on drilled piers.
Sheet C-7 indicates concrete foundation piers placed 24" of
structural fill to extend 24" beyond footing. Please confirm if
drilled piers are required and if so please provide a design.
Answer: Drilled piers are not required, reference HP Geotech's
Supplemental Recommendations Letter dated September 23,
2014 (at back of soils report). The letter addresses spread
footing foundation on 2 feet of structural fill. The scale
Addendum No. 2 - Page 1 of 4
piers/pads shown on the Hardscape Plan are based on
preliminary information supplied by the scale manufacturer
but the final design of the scale foundations shall be
design/build by the truck scale manufacturer/supplier.
Include the cost of the scale foundation in the bid.
1.3 Question: Concrete Ramp Piers — Reference sheet C-7: Please provide a
width and structural design indicating reinforcement for the
concrete foundation piers.
Answer: The piers shown on Sheet C-7 represent the scale foundation,
see answer to question 1.2 above. If the question refers to the
concrete ramps, refer to the Hardscape Plan on Sheet A-00
and the Truck Scale Ramp Sections on the same sheet.
1.4 Question: VE / Alternate: Tile-2 is called out as the cove base. The cove
base material is a special order (6-8 weeks) and also costs over
$30 per linear foot. As a cost saving suggestion, would the use
of a "schluter" material that acts as a cove base be an acceptable
alternate? Below is a link for a recommended product.
Answer: Thank you for the VE suggestion. However, the $30 per
linear foot price is significantly out of line with preliminary
pricing obtained during the tile selection process. Verify that
your tile supplier has been quoted the correct price. Contact
the tile representative Scott Stephens 970-406-1007 to verify
you are getting accurate pricing. The overall cost of the tile
material, including field tile, bullnose trim and cove base
should average below $7 per square foot. The 6-8 week lead-
time should not represent an issue if the tile is ordered early
in the project knowing the lead time and when the tile will be
needed on the project.
1.5 Question: Please confirm if BaySeal CCX Closed Cell spray foam
insulation would be accepted as an approved alternate to the
specified Demilec USA model Heatlok Soy-200. The BaySeal
has an ignition barrier built into the foam. See attached product
data.
Answer: Please determine if the substitution request is a Substitution
for Cause or a Substitution for Convenience and proceed
according to Section 1.57 Substitutions instructions in the
Basic Requirements.
1.6 Question: Will structural fill need to be imported to the site?
Answer: All of the structural fill material required for the project is
located at the Eagle County Landfill and will be moved and
stockpiled from its current location to the job site by the
Owner at no cost to the Contractor. Contractor may need to
Addendum No. 2 -Page 2 of 4
screen/process the material to the requirements specified in
the soils report. Contractor shall visit the landfill and see the
material to accurately determine the amount of
processing/screening that may be required and bid the
project accordingly.
2. Building Department Plan Review Comments: The Building Department has
reviewed the plans and has noted comments including, but not limited to, the
following which are to be included in the scope of the work (attached is a scan of the
Building Department set of plans with their comments):
2.1 Comment: Concrete encased grounding electrode required in
footing/foundation per NEC 250-50. Minimum 20' #4 rebar or
Minimum 20' #4 bare copper. Must be installed at footing
inspection.
Response: See Service Grounding Detail on Sheet E1.1 and use
minimum length rebar or copper as noted on the plan review
comment.
2.2 Comment: Radon Mitigation System to be designed and installation
approved by sesign professional.
Response: As noted on the construction documents, the project shall
have a radon mitigation system and it shall be design-build.
Have the installation inspected and approved by the system
design professional.
2.3 Comment: Open hole foundation inspection based on 2500 psf soils report.
Response: The foundations and concrete general notes call for
certification of the excavated conditions by the geotechnical
engineer, approval of the bottom of the excavation prior to
placement of structural fill, and certification of footing
subgrade (or top of structural fill) by the geotech prior to
placement of forms. See Section 1.31 Testing and Inspection
Laboratory Services of the Basic Requirements for
responsibility of special inspections/testing.
2.4 Comment: Third party balance report due prior to TCO/CO.
Response: Provide third party balance report.
2.5 Comment: 2014 National Electrical Code.
Response: Design/install electrical work to the requirements of the 2014
National Electrical Code.
2.6 Comment: Provide inspector with 2 copies of engineer stamped truss shop
drawings at frame inspection TCLL at 57 psf.
Response: Obtain additional copies of shop drawings for building
Addendum No. 2 - Page 3 of 4
inspector.
End of Document
it
II
Addendum No. 2 - Page 4 of 4
EVACH-1 OP ID: CLM
A�o,RO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDM/YY)
01/13/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME:CT Scott M.White,CIC,ARM
CRS/Surescape Ins.Services
6600 E.Hampden Ave. (A/icC,No, Ext):303-996-7801 FAX No):
Denver,CO 80224 E-MAIL DDRLSS:
Scott M.White,CIC,ARM
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Colorado Casualty Insurance Co
INSURED Evans Chaffee Construction INSURER B:Pinnacol Assurance
Group, Inc.
P.O. Box 8266 INSURER C:
Avon,CO 81620-8266 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE X OCCUR X X BKS56285023 10/30/2014 10/30/2015 DAMMISAGE TO R
PREES(Ea occurrenceENTED ) $ 300,000
MED EXP(Any one person) $ 15,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY X J ERCOT LOC
PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY (Ea aBINEDt SINGLE LIMIT $ 1,000,000
A X ANY AUTO X X BAS56285023 10/30/2014 10/30/2015 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS ( )
X HIRED AUTOS NON-OWNED PROPERTY DAMAGE
AUTOS (Per accident)
UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000
A X EXCESS LIAB CLAIMS-MADE USO56285023 10/30/2014 10/30/2015 AGGREGATE $ 2,000,000
DED X RETENTION$ 10,000 $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY X STATUTE ER
Y
B ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A X 4048529 10/01/2014 10/01/2015 E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
A Leased/Rented BKS56285023 10/30/2014 10/30/2015 Limit 200,000
Equipment Ded 1,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE:The Eagle County Landfill Scale House Project.Certificate Holder is
included as additional insured for ongoing and completed operations on the
General Liability and included as additional insured on the Auto Liability
with respect to operations of the named insured for the certificate holder
as required by written contract.
CERTIFICATE HOLDER CANCELLATION
EAGLCOU
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Eagle County do Eagle County ACCORDANCE WITH THE POLICY PROVISIONS.
Project Management Department
Attn: Rick Ullom AUTHORIZED REPRESENTATIVE
EO Box 8
Eagle,CO 81631
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ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
NOTEPAD: HOLDER CODE EAGLCOU EVACH-1 PAGE 2
INSURED'S NAME Evans Chaffee Construction OP ID:CLM Date 01/13/2015
General Liability, Auto Liability and Workers Compensation coverages
include waivers of subrogation. All policy terms, conditions and
exclusions apply.
•
it
Ii
OP ID: SEA
AC'ORlf," DATE(MM/DD/YYYY)
A EVIDENCE OF PROPERTY INSURANCE 01/28/2015
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST.
AGENCY PHONE 303-996-7801 COMPANY
(A/C,No,Ext):
CRS/Surescape Ins.Services Zurich Insurance
6600 E. Hampden Ave. 5011 Gate Pkwy
Denver,CO 80224 Jacksonville, FL 32256
Scott M.White, CIC, ARM
FAX E-MAIL
(A/C,No): ADDRESS:
CODE. SUB CODE:
AGENCY EVACH-1
CUSTOMER ID#:
INSURED LOAN NUMBER POLICY NUMBER
TBD
EFFECTIVE DATE EXPIRATION DATE
Evans Chaffee Construction _ CONTINUED UNTIL
Group, Inc.
01/28/15 01/28/16 TERMINATED IF CHECKED
P.O. Box 8266 THIS REPLACES PRIOR EVIDENCE DATED:
Avon, CO 81620-8266
PROPERTY INFORMATION
LOCATION/DESCRIPTION
815 Ute Creek Rd Builder's Risk
Wolcott,CO 81655
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS
SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COVERAGE INFORMATION
COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE I DEDUCTIBLE
Location 001 �
Builder's Risk Property $860,404 $2,500
I
REMARKS(Including Special Conditions)
RE:The Eagle County Landfill Scale House Project.
All policy terms,conditions and exclusions apply.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
NAME AND ADDRESS
MORTGAGEE X ADDITIONAL INSURED
LOSS PAYEE
LOAN#
Eagle County c/o Eagle County
Project Management Department AUTHORIZED REPRESENTATIVE —_-- - ----
E Box 850 j,c%'�
Eagle,CO 81631
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