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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 X.:50Z 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. At 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: ////fi (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. Ceti 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 `' �'> COMMI IONE' %WO By: ' 4 4Ld. AI . .. . ' II air-6/ .n -. -ya airman 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. M0\'S(1N 01;‘01.0,rc v0�� 6012 . 1011 I 01:0505 (24n'-- Ai VCS 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 V- Q . w W N /y .. 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'+- } m� i t d p i W V C ° - d w = a 0 d C o = a o C } u o f Ti 4- w u vv `� 0 a 0 -p C Y 0 t \ O (� O C Y 0 a s •E i N 11 0 7 0 4- L 0_ -:. 7 V n O CDLL � Lna � QW co aY cDu_ � aau_ Qf= aa} y • i Uo 0000000 oc� o000000o wo v Q ~ N N N N CO CO M = m - F V d' cr li" 0 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 - 1 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 Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 -2 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 Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 -3 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 -4 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 -5 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 -6 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 -7 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 -8 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 -9 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 - 10 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 - 11 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 - 12 • 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 - 13 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 - 14 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 - 15 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. Eagle County Landfill Scale House 11-14-14 Basic Requirements 01001 - 16 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. 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B @ A y 9 E tl- kL w "9 S S "A W00000000 = > -km. 111111111111 ii lull him K K li mlllsllllllllllllll xt a 3 K k c _ ,g !III!!IIII!!!!I!©IIIlI C W AIIIIIIIIIIiIIIIilelll: Fi l - AlllIIllllllllllllll= g 5111INeeeeNINIIIuI! � f a f i a a =11111111111 lPlllIIE111 .A=° 4 8 x s i 5 1 yew s g i ! � Eg j 1 I 4 6 1m ao g < E 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. 7 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 8 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. 9 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. 10 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 11 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: 14 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 17 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: 18 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. 19 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. 20 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 21 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. 22 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). 24 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 26 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 r -::::...'i---11-111 en ::r<, ciun ., L,.. 1 in rt F 0,1 I?-} 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 GecPtech -2- • 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 Ge Ttech -S - 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 GeStec t -4- 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 Ge Etech -5 - 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 GLZtech -6- 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 -7- 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 - 8 - 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 GIVStech -9 - 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 \ r \ ° 3{ / /g § CO d CO G 0 2 C / G x x \ \ \ / 7 2 CO CO U \k( %[2 /I O z r. D° d m / \ 3 e U• / \ \\ / 2 \ 5 _ U / / O \ \ n 1111 f \ ® / . . < < O& . / / / Ea. z / 0 1 0 \ z / O z ) / \ \ ' 2 ® e § / 0 1 \&z 3 / / / < Lj .9..-. w . _ z o k H\ ? N. f s 2 <0 0 J / % k 2 = su 7 c £ / 2 M r 5 g . . z § \ / ® N I . __, , „:; ,,,ti,.,,,,„, ,,,, tc-A 0 s.�_.,.._,„ „ ,., „,oz, 4 `„T,, 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 ©1988-2014 ACORD CORPORATION. All rights reserved. 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 ACORD 27(2009/12) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD