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HomeMy WebLinkAboutC15-327 FCI Constructors - Airport Construction AgreementCONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT is dated as of the I `o�'� day of A,yI.C-JA- 1Z" ,
2015, by and between Eagle County, Colorado a body corporate and politic (hereinafter called
"County" or "Owner") whose address for purposes hereof is P.O. Box 850, 500 Broadway,
Eagle, CO 81631, and FCI Constructors, Inc.,, a Colorado corporation licensed to work in the
State of Colorado (hereinafter called "Contractor") whose address for purposes hereof is 30701-
70 B, Building A, Grand Junction, Colorado, 81504.
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: construction services for remodeling of the existing office space known as the Eagle
County Regional Airport Administration Office (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.
C /�- 3z%
ARTICLE 2 - OWNER'S REPRESENTATIVE
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 Gabe Conner.
2.3 Neither Owner's nor Contractor's representative shall be changed with less than ten (10)
days prior written notice to the other parry.
ARTICLE 3 - CONTRACT TIME
3.1 The Work will be Substantially Complete on or before November 13, 2015. Completion
such that the Project is ready for final payment in accordance with the Contract
Documents shall occur on or before December 4, 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 December 4, 2015 all
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 two hundred fifty dollars ($250.00) 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 Two Hundred
Ninety Nine Thousand, Nine Hundred, and Seventy Nine Dollars
($299,979.00)"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
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 Proposal 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 Eagle County is a governmental entity and all obligations beyond the current fiscal year
are subject to funds being budgeted and appropriated. Specifically, notwithstanding
anything to the contrary contained in this Agreement, Owner shall have no obligations
under this Agreement, nor shall any payment be made to Contractor in respect of any
period after December 31 of each calendar year during the term of this Agreement,
without an appropriation therefore by the Owner in accordance with a budget adopted by
the Board of County Commissioners in compliance with the provisions of Article 25 of
Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
§29-1-101 et. seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20).
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 G.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 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.
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 Proposal Form attached as Exhibit A.
7.3 Proposal Package including Request for GMP Proposals, Instructions to Proposers,
Special Provisions and Supplementary Information, if any is attached as Exhibit B.
7.4 Construction Plan Set and Specifications for the Eagle County Regional Airport
Administration Office Remodel Drawings and Project Supplemental Conditions issued
by Menendez Architects — Sheets Al, A2, A3, A4, A5, A6 dated July 6, 2015;
Structural Drawings by Glenwood Structural — Sheets S 1. 1, S2.1, S3.1 dated July 2,
2015; Mechanical and Electrical Drawings by Architectural Engineering Consultants —
Sheets M1.0, M2.0, E1.0, El. 1, E2.0, E3.0 dated July 2, 2015, including any addendum
thereto, attached as Exhibit C.
7.5 General Conditions (Pages 1 to 34, inclusive) attached as Exhibit D.
7.6 Performance and Payment Bonds.
7.7 Notice of Award and, if any, Notice to Proceed.
7.8 Intentionally Omitted.
7.9 Addendum(s), None.
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 — BONDS
8.1 Contractor shall deliver to the Owner the bonds required by the Contract Documents with
the executed Contract Documents and before starting work. Notwithstanding anything to
the contrary contained in the Contract Documents, Owner shall have no liability or
obligation hereunder unless and until the bonds have been so delivered.
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 parry hereto of any rights under, or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
parry 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 parry 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:
FCI Constructors, Inc.
3070 I-70 B
Building A
Grand Junction, CO 81504
(970)434-9093
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:
(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.2ov/xprev-orot/t roarams/2c 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.
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 as sole member of Owner so long
as such change orders and amendments are within the budget constraints set for the
project. Change orders in excess of the budgeted amount must be approved by the Board
of County Commissioners with additional funding appropriation allocated to the Project.
IN WITNESS WHEREOF, the parties have executed this Agreement this ��day of
^vt& 1A S"F , 2015.
Attest:
Teak J. Simonton, Clerk to the Board
STATE OF COLORADO )
)ss:
CONTY OF EAGLE )
"Owner":
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
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"Contractor":
FCI Construct rs, Inc.
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The foregR ing, instrument was acknowledged before me by 3h . �t6.5
as A— Yvtbkr,-+ of -FGl Olyd-YL� j- . this tI T", day
of 12015.
MARCI L. DAVEY
t�
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #2006400369]2018
2s`art 0 3�U3I
My Commission Expires March 3,
. R CERTIFICATE OF LIABILITY INSURANCE
DATE D°""")
i..
8/11!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 endorsements).
PRODUCER
USI Colorado, LLC Construction
1515 Wynkoop Street
Suite 200
CONTCT NAME:A Marianne Sewolt
PAMo. ExHONE 0-87 - 500 (A/C. No
E-MAIL
AODREss:den.con [actors usi.biz
Denver CO 80202
INSURER(S) AFFORDING COVERAGE NAIC #
INSURERA:Arch Insurance Company 1150
GENERAL LIABILITY
INSURED FCICON
FCI Constructors, Inc.
PO Box 1767
INSURER B:St Paul Fired Marine losurance C
-24767
INSURER C:
10/1/2014
Grand Junction CO 81502
INSURER D
INSURER E'.
X COMMERCIAL GENERAL LIABILITY
INSURER F:
%1VVI=MA"M0 GER iRGAIE NUMBER: 1629486207 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
LTR
TYPE OF INSURANCE
AD _DL
INSR
S BR
WVD
POLICY NUMBER
POLICY
NEYYY
POLICY
LIMITS
A
GENERAL LIABILITY
ZAGLB9190700
10/1/2014
10/1/2015
EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES Ea occurrence $100,000
MED EXP (Any one person) $10,000
CLAIMS -MADE KI OCCUR
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $2,000,000
POLICY X PRO- LOC
$
A
AUTOMOBILE
LIABILITY
ZACAT9214100
10/1/2014
10/1/2015
Ea accident $1,000,000
X
ANY AUTO
BODILY INJURY (Per person) $
ALL OWNED SCHEDULED
BODILY INJURY (Per accident) $
AUTOS AUTOS
X
HIRED AUTOS X NON -OWNED
AUTOS
PROPERTY DAMAGE
$
Per accident
B
X
UMBRELLA LIAB
X
OCCUR
ZUP15P9635714NF
10/1/2014
10/1/2015
EACH OCCURRENCE $25,000,000
EXCESS LIAB
CLAIMS -MADE
AGGREGATE $25,000,000
DED I X I RETENTION S 10,000
$
A
WORKERS COMPENSATION
ZAWC19329500
10/1/2014
10/1/2015
X I WC STATU- I I OT H-
AND EMPLOYERS' LIABILITY Y / N
E.L. EACH ACCIDENT $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N❑
NIA
__.
E.L. DISEASE EA EMPLOYE $1,000,000
(Mandatory
Ifunder
yes, describe under
E.L. DISEASE - POLICY LIMIT 1 $1,000,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: Eagle County Airport Admin Remodel
Eagle County
PO Box 850
Eagle CO 81631
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
QN
U 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
GMP PROPOSAL FORM
THIS GMP PROPOSAL IS SUBMITTED TO:
PROJECT MANAGEMENT DEPARTMENT
RICK ULLOM, CONSTRUCTION MANAGER
P.O. BOX 850
EAGLE, COLORADO 81631
July 16, 2015
The undersigned Proposer, -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 Proposal 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 Proposal Form as payment in full.
The undersigned further proposes that should this Proposal be accepted, the Proposer will
commence Work on September 8, 2015 and complete the Project on or before December 4,
2015.
The undersigned further agrees, if awarded the Contract for the Work included in this Proposal,
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 Proposal.
The undersigned hereby certifies that this Proposal 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 Proposer to submit a sham
Proposal, 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 Proposer.
The only persons interested as principals in this Proposal other than the one whose signature is
affixed hereto are to be listed as follows (if there are none, state such fact):
None
EXHIBIT
Name: Address:
Name: Address:
This Proposal shall be valid from the date of submission to the date of an executed Project
Agreement.
- In submitting this Proposal, the undersigned further acknowledges and agrees that:
(a) the right is reserved by Owner to reject, in its sole discretion, any or all Proposals, and to
waive irregularities in bidding;
(b) the discretion of Owner in the selection of the most qualified, responsible Proposer shall be
final, not subject to review or attack; and
(c) this Proposal is made with full knowledge of the foregoing and in full agreement therewith.
Respectfully submitted, C�•r►`RF't)c, r�r,
Contractor
(Proposer) FCI Constructors, Inc.
By (Signature)�'Y�'�`�'•A°°.
R
(Title) President
(corporation/incorporated/partnership) (under the law of the State of Colorado composed of
officer, partners or Owner, as follows:
President Ed Forsman
Vice President Shane Haas
Secretary Clapton T. Marshall
Name of
Contractor FCI Constructors, Inc.
Treasurer Clayton T. Marshall
30701-70B, Bldg. A
Address
Grand Junction CO 81504
City State Zip Code
(970) 434-9093
Telephone Number
1. The undersigned Proposer proposes and agrees, if this Proposal 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 Proposal and in accordance with the General Conditions.
2. Proposer accepts all of the terms and conditions of the Instructions to Proposers, including
without limitation those dealing with performance and payment bonds, and warranty
bonds. This Proposal will remain open until the effective date of any Project Agreement
between the Owner and the apparent Successful Proposer. The Successful Proposer 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 Proposal, Proposer represents, that:
a. Proposer has received and examined copies of all the Contract Documents and
of the following addenda:
Addenda Date Addenda Number Initial
8/5/15 1 EF
b. Proposer 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 Proposer deems
necessary.
4. Proposer will complete the Work for all Proposal items listed in the Proposal Form.
5. Proposer agrees that the Work will be Substantially Complete on or before November 13,
2015 and Final Completion on or before December 4, 2015 as described throughout these
Contract Documents. Proposer 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 Proposal:
a. A completed Proposer's Qualification Statement as required by Paragraph 3 of
the Instructions to Proposers.
b. A preliminary construction schedule as described in the Instructions to
Proposers.
c. Proposer 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 Request for GMP Proposals shall be addressed to:
Rick Ullom
Construction Manager
Email: rick.ullom@eaglecounty.us
Phone: 970-328-8780
8. Terms used in this Proposal which are defined elsewhere in the Contract Documents have
the same meanings.
- 9. Proposers shall pay special attention to the following items:
a. Proposers 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 Proposal Form.
These numbers will also be used for 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 PROPOSER, 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 Proposal 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 bond,
insurance and submittals; all as indicated or specified in the Contract Documents to be
performed or furnished by Contractor in accordance with the following Proposal prices.
Proposer must submit pricing on all scheduled values to be considered.
Proposals will be rejected if the Proposal Form is modified or altered in any way.
Values for each scheduled item shall be written out (typed) in words and numeric format.
GMP PROPOSAL PRICE: $299
Total itemized costs for materials, installation, and labor for the installation, and two year
warranty as shown on the Construction Drawings. Improvements include, but are not Limited
to: construction services for remodeling of the Eagle County Regional Airport Administration
Office. The two-year warranty shall commence for this portion of Work upon acceptance of
this area as being substantially complete.
Two Hundred Ninety -Nine Thousand Nine Hundred Seventy Nine
(Dollars)
acknowledge that this Proposal includes Addendum(s).
If none, so state. #1 dated 8/5/15
The undersigned Proposer 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
Proposal, in accordance with specified requirements and in accordance with the following
estimated schedule.
Date Task
09/08/15 Start Work
11/13/15 Substantially Complete
11/25/15 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 $250.00 per calendar day for every day late.
PREPARED BY
Signed: %�(
Name
Printed: �. Ft3 ,Yya R r,
Title: President
Company: FCI Constructors, Inc.
[End of Section]
Date:
Project:
EAGLE COUNTY REGIONAL AIRPORT ADMINISTRATION
OFFICE REMODEL
GYPSUM, CO
GMP ESTIMATE
NEW CONSTR. -
RENOVATION1 2,250
August 5, 2015
DESCRIPTION
TOTAL SF
TOTAL COST
2,250
COST/SF
NOTES
010000 GENERAL CONDITIONS
$
41,270
$
18.34
020000 SELECTIVE DEMO
$
16,473
$
7.32
030000 CONCRETE
$
87
$
0.04
040000 MASONRY
$
-
$
-
N/A - EXCLUDED
050000 METALS
$
3,870
$
1.72
060000 WOOD & PLASTICS
$
11,300
$
5.02
070000 THERMAL & MOISTURE PROTECTION
$
8,550
$
3.80
080000 DOORS & WINDOWS
$
15,976
$
7.10
090000 FINISHES
$
49,631
$
22.06
100000 SPECIALTIES
$
-
$
-
N/A - EXCLUDED
110000 EQUIPMENT
$
-
$
-
N/A - EXCLUDED
120000 FURNISHINGS
$
-
$
-
N/A - EXCLUDED
210000 FIRE PROTECTION
$
14,800
$
6.58
22/230000 MECHANICAL
$
48,739
$
21.66
260000 ELECTRICAL
$
49,549
$
22.02
SUBTOTAL - DIRECT COST
$
260,245
$
115.66
OWNER DIRECTED CONTINGENCY ALLOWANCE
$
10,000
$
4.44
BUILDERS RISK INSURANCE
$
74
$
0.03
GENERAL LIABILITY INSURANCE
$
1,081
$
0.48
0.40%
MATERIALS TESTING/ INSPECTION
$
4,500
$
2.00
PLANNING APPLICATIONS/PERMIT/PLAN REVIEW FEES
$
-
$
-
BY OWNER
BUILDING PERMIT
$
-
$
-
BY OWNER
FCI PAYMENT/PERFORMANCE BOND
$
3,150
$
1.40
2 -YEAR WARRANTY
FCI CONSTRUCTION PHASE FEE
$
20,929
$
9.30
7.50%
TOTAL ESTIMATED CONSTRUCTION COST
$
299,979
$
133.32
Confidential - FCI Constructors, Inc.
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
Myers & Company Steel 40 1.29% Dennis Clemons 970-927-4761
InsulVail Insulation 18
Evergreen Construction Specialties Doors/Frames 19
.95% Christopher Alvey 970-524-3000
2.81% Glenn Guthrie 435-640-3711
Eagle Valley Glass
Interior Storefront
36
1.79% Ryan Bumgarner 970-328-7228 -
Good Shepherd Flooring
Flooring
20
2.57% Jason Recchia 970-230-9584
Curtis Engineering
Fire Suppression
17
4.93% Gary Curtis 970-858-7722
2H Mechanical
Mechanical
10
16.25% Houston Wright 970-778-4560
Tri Phase Electric
Electrical
27
16.52% Terry Harris 970-524-7135
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
Proposer: FCI Constructors, Inc.
(Name of Company)
By: j President
(Signature and Title)
Date: 8/5/15
Note: This sheet may be reproduced by the Proposer 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]
Construction Schedule Eagle County Airport Admin. Remodel
7M.
[H9N
All Parties
Owner: Eagle County Project Name: Eagle County Airport Admin Remodel 8/5/2015
Location: Grand Junction, Colorado 3eneral Manager Gabe Conner Superintendent
PROPOSER'S QUALIFICATIONS
The Undersigned certified under oath the truth and correctness of all statements and/or all
answers to questions made hereinafter.
Submitted to: Owner: EAGLE COUNTY
Submitted by:
NAME FCI Constructors Inc.
Address PO Box 1767
City, State Zip Grand Junction, CO 81502
Phone (970) 434-9093
Principal Office 3070 I -70B, Bldg. A, Grand Junction, CO 81504
Check One: N Corporation ( ) Partnership ( ) Joint Venture ( ) Individual ( ) Other
1. List the five largest active construction Projects your organization has under contract to
date. For each Project include 1) name, 2) owner and phone, 3) owner's rep and phone, 4)
contract date and amount, and 5) remaining amount of contract.
2. Provide resumes for the principal individuals who would be assigned to this Project.
Indicate their position in the company, their role on the Project, approximate time per week
on the Project, experience expertise, certifications, etc.
3. Summarize the experience of the individuals in your organization who would be assigned to
this Project.
NAME POSITION APPROX. TIME/WEEK
Gabe Conner Project Manager 10 hours per week
Troy Reynolds Superintendent On site full-time throughout construction.
4. Provide name of bonding and insurance companies and name and address of agents, as well
as maximum bonding capacity. What portion remains of this bonding capacity at the time
of submittal of the Proposal?
USI Colorado LCC Maximum Bonding Capacity - $400,000,000
Douglas Baesler Remaining Bonding C'anac-ity - $285,000,000
1515 Wynkoop, Suite 200 ��----o��
Denver, CO 80202
5. What is your Worker's Compensation Experience Modifier Rate?
Current 2015 EMR - 0.80
FCI Constructors, Inc. 5 Largest Active Construction Projects
.IFCI
Con i, Inc.
_2
0
-Z
o
t2z
Project Name
OGOPL�
0
r
0
U
U
U
rnUA
Halliburton El Reno Sand Plant
Halliburton Energy
Services
Eric Krautheirn
N/A
10/16/2015
$27,549,823
7/1/2016
-- ------------- ----
(580) 324-3530
-
Laramie County Community
----------
Laramie County
-------------
--- --
-- --- ---------
College Joint Student Center
Community College
Tim Macnamara
N/A
3/16/2015
$24,728,419
12/31/2016
(307) 778-1256
St. Mary's Hosptial Century
-- -------- -----
---- -------- - ------
Tower Bed Floor Build -Out &
St. Marys Hospital
FTI Consulting
Infrastructure Upgrades
Duane Erkman
Joe Wheeler
$23,489,877
9/15/2015
7/1/2013
(970) 244-2157
(303) 689-8828
- --- ---------------- --- - - -------------
Halliburton Richardton, ND
----
Halliburton Energy
------ ----------
Sand Plant Phase IV
Services
Eric Krautheirn
N/A
9/17/2014
$23,031,178
I/1/2016
(580) 324-3530
---------------- ---
Colorado Mesa University
Colorado Mesa
----- -------
- ---------- -----------------
--
--------- ----- ----
Tomlinson Library Addition/
University
Renovation
Kent Marsh
N/A
9/19/2014
$21,873,087
12/11/2015
(970) 248-1303
------------
.IFCI
Con i, Inc.
Gabe Conner is one of FCI's most meticulous Project Managers with great working relationships
with subcontractors. Gabe's hands-on project management stVle is a perfect fit for the fast-track,
tVpes of renovation projects,
Gabe will be the PO Team Leader, He will oversee and direct all aspects of the project from pre -
construction to project close out. Gabe brings his related experience to this project, and he will be responsible for total project success.
To ensure this, all communication regarding the project will go through Gabe, This will enable him to make sound decisions in all
phases of Vour project, including pre -construction and construction activities, staffing and scheduling, He will coordinate and schedule
weekIV meetings as necessarV during pre -construction and construction phases to make certain that all involved Team Members are
informed as to what decisions ..# to be madenecessarV to keep
.. #.t on tracksuccess.
F C I 19 970-462-2645
Constructors, Inc.
Eagle County Detention Center Renovation- Eagle, CO
Alpine Bank Remodel- Grand Junction, CO
Williams Midstream Solvay Office Building Renovation -
Parachute, CO
Primary Care Partners Office Renovation- Grand Junction, CO
Community Bank Renovation- Grand Junction, CO
Wells Fargo North Avenue Refresh - Grand Junction, CO
Pitkin County Library Re -Roof- Aspen, CO
Glenwood Springs Methodist Church - Glenwood Springs, CO
Mindspring Hospital Nurses Station Renovation- Grand Junction,
CO
Pettrigrew Laboratory- Hobbs, NM
Town of Avon 1-70 Regional Transporation Facility
Lea County Law Enforcement - Lovington, NM
Lea County Detention Center- Lovington, NM
Hallburton Frac Acid - Grand Junction
Halliburton Baroid - Cameo, CO
Halliburton GJ - Cameo Sand Plant — Cameo, CO
Eagle County Justice Center- Eagle, CO
Battlement Mesa Middle School — Parachute, CO
Carbondale Middle School- Carbondale, CO
Glenwood Springs High School — Glenwood Springs, CO
VI dS
Our clients who have the opportunity to work with Troy witness his inexhaustible energy and
true dedication to the projects he works on, His clients and their projects are always priority
number i
/Relevant Projects:
St. Mary's Hospital Shell -Floor Build -Out Head Walls -Grand Junction,
CO
Avon 1-70 Regional Transportation Facility- Avon, CO
Eagle County Justice Center- Eagle, CO
Mesa County Courthouse Renovation- Grand Junction, CO
Mesa County Justice Center- Grand Junction, CO
Community Bank of Colorado Renovation- Grand Junction, CO
Little Bookcliff Apartments Renovation- Grand Junction, CO
Wells Fargo Renovations (Multiple Locations) - Grand Junction, CO
HopeWest Properties Small Jobs- Grand Junction, CO
Hilltop Property Management Small Jobs- Grand Junction, CO
Cederedge Middle School — Cedaredge, CO
Delta Middle School Auditorium Renovation — Delta, CO
Fruita 8/9 School — Fruita, CO
Glenwood Springs High School — Glenwood Springs, CO
Hilltop Mesa House — Mesa, CO
Museum of Western Colorado — Grand Junction, CO
Rangely Assisted Living Facility — Rangely, CO
RFTA Bus Maintenance Facility — Glenwood Springs, CO
Shell Oil (Mahogany Research Project) — Piceance Creek, CO
Telluride Park Pavilion — Telluride, CO
FC I 10 970-395-8240 treynolds@fciol.com
Constructors. Inc.
Denver International Airport -
[On -Call 2010-1]
$15,000,000, performance time will consist of
one (1) year period, or until the maximum contract
amount of $15,000,000.00 is reached, whichever
occurs first.
Denver International Airport -
[On -Call Services 2009-8A]
$ 15,000,000, two-year, on-call contract up
to $15,000,000. Maximum task order size:
$10,000,000
Airport -
[On -Call Services III]
$9,858,904, CM/GC renovations and remodels of
several projects on DIA property that range from
$50,000 to $2,000,000 each. Contract caps at two
years or $10,000,000.
Denver International Airport -
[On -Call 2005-3]
$4,907,903, renovations and remodels. On-call
task orders for period of one year or $5,000,000.
Southwest Airlines Relocation at Denver
International Airport
$4,480,806, 5 packages that will be contracted outss
separately, 3 of which will involve the relocation of
American Airlines and US Airways at DIA.
Denver International Airport - [On -Call 2005-51
$3,266,018,task orders up to $3,000,000.
DIA REFERENCES:
Gordon Melin — DIA Project Manager
Civil Technology Inc.
303-342-2678
Gordon.metin@diadenvecnet
Gerald W. Olson, NCARB
Architect/Project Manager
303-342-2650
Jerry.olson@diadenver.net
Grand Junction Regional Airport Projects
Grand Junction, CO
FCI has completed several projects at Walker Field. The first was a
project to extend and improve the taxiways. This project involved
over 81,000 SF of 7" and 3,000 SF of 8" concrete paving. It also
had over 16,000 SF of 12" asphalt paving and 86,000 SF of 3" as-
phalt overlay. The second project was a complete asbestos abate-
ment and remodel of the existing control tower, including HVAC,
structural and ADA upgrades. We also completed a hanger and
taxiway remodel for a new FedEx facility at the airport. Together
these projects totaled over $2.3 million.
2004 Holding Room Expansion
FCI served as the CM/GC for this regional airport project which
included a hold room expansion, ticket counter renovation &
elevator replacement, and capital improvements. This $1.7 million
project was completed on time and under budget in 2004.
Ticket Counter Renovation & Elevator Replacement
FCI served as the CM/GC for the renovation of the existing rental
car and airline ticket counters. It also included replacement of
the existing elevator, including the cab. The $99,250 project was
completed under budget and on schedule in December 2003.
Capital Improvements
FCI served as the CM/GC for four separate addition/renovation
projects at the airport. The projects included: entryway stairway
renovations to include new handrails and tile, entryway modifica-
tions of new storefront, installation of automatic doors and walk
mats,terminal building roof replacement,ATO #4 interior renova-
tions and other miscellaneous renovations as requested by owner.
The $440,000 project was completed in April 2004.
Southwest Aidines - Denver International Airport
Denver, CO
Since 2005, FCI Constructors has completed seven project for Southwest Airlines. Most recently, under a Maser Service Agreement, FCI served
as the CM/GC for all miscellaneous, small project additions and renovations for Southwest Airlines in 2012. Additonal work for
Southwest Airlines is highlighted below:
Crew Base & Training Additions & Renovations
FCI Constructors was the CM/GC for the renovation and additons
to various spaces for Southwest Airlines. The $4,338,923
project included:
• SWA Customer Service offices, break area for SWA customer
service department.
• Remodel and addition to the SWA Flight Ops Lounge which
included a new crew base, lounge & office space for SWA
Pilots.
Renovation and additon to SWA InFlight Services Lounge
& Offices that inlcuded a new Crew Base, lounge, office &
human resources space for SWA InFlight personnel.
The SWA InFlight Training included new classrooms and
training simulator spaces for SWA employees.
he project also included additions to the Men's and
Women's restrooms on the Mezzanine Level.
2006 Southwest Airlines Remodet
FCI served as the CM/GC for the renovation of the existing
Southwest Airlines offices in the Denver Internation Airport. The
project was completed for $272,896.
Completed Airport Projects
-JFCI
wuran00 Av
USDA -
14U !iwnms
(303) 275-5350
CO
80401
3,102,323
07/10/2002
Completed
Airport
Tanker Base
Forest
Service
in 00
Walker Field
Walker
2828 Walker Field Dr.
(970) 244-9100
CO
81506
1,285,602
06/01/2004
Completed
Airport
Hold Room
Field
Expansion
Airport
Authority
Yamoa, Valley
Yampa
P.O. Box 1060
(970) 276-3669
CO
81639
1,271,164
10/10/1998
Completed
Airport
ReMona
Valley
Airport Eke
Regional
Station and
Snow Removal
Airport
Buildin
..........
.
Denver Int'I
City &
8500 Pena Blvd
(303) 342-2000
CO
80249
6,732,436
03/17/2003
Completed
Airport
Airport FedEx
County of
Addition
Denver
DIA On Cab
City &
8500 Pena Blvd
(30) 342-2000
CO
80249
9,858,904
05/01/2006
Completed
Airport
Services IiI
County of
Denver
DIA On-Ca6
city &
8500 Pena Blvd
(303) 342-2000
CO
80249
4,907,903
12/01/2006
Completed
Airport
2005-3
County of
Denver
DzDn-Qa
city &
8500 Pena Blvd
(303) 342-2000
CO
Gordon Melin 80249
3,266,018
12/31/2007
Completed
Airport
2005-5
County of
Denver
DIA On -Call
City &
8500 Pena Blvd
(303) 342-2000
CO
Gordon Melin 80249
14,105,809
04/15/2012
Completed
Airport
Services
County of
2009-8g
Denver
DIA On-Ca6
City &
8500 Pena Blvd
(303) 342-2000
CO
80249
14,578,368
09/30/2013
Completed
Airport
Services
County of
2010-1
Denver
DIA Parkino
city &
8500 Pena Blvd
(303) 342-2000
CO
80249
42,458,304
01/18/2008
Completed
Airport
Structure Mod
County of
4 West
Deaver
Jeffro A
USDA -
740 Simms
(303) 275-5350
CO
80401
1,265,617
07/15/2003
Completed
Airport
Tanker Base
Forest
Service
Oulznos QUIZ -DIA, 1001 17th St, Suite S-175
(Concourse A) LLC
at DIA
SWA Crew Southwest 2702 Love Field far. HDQ 71r
Base &Training Airlines
SWA Right Size Southwest 2702 Love Field Dr. HDQ 7FT
for Growth at Airlines
PIA
'SWA Start-uSouthwest 2702 Love. Field Dr. HDQ 7FT
Airlines
(303)573-4463 CO Anna Schumautz 80202
(214)792-1767TX 75235
(214)792-1767 TX 75235
(214)792-1767 TX 75235
1,146,000 10/10/2014 Completed Airport
4,550,845 06/28/2013 Completed Airport
4,252,554 12/30/2010 Completed Airport
660,559 01/31/2006 Completed Airport
United TL R United
8900 Pena Blvd
(303) 348-3075 CO
80249
645,726
04/30/2007 Completed
Airport
Room Airlines
AA & US US Airways
Airways
4000 E Sky Harbor 8Nd
(480) 693-3620 AZ
85034
789,442
Completed
Airport
Colocatto
American American
4000 East Sky Harbor Boulevard
(480) 307-0550 AZ
85034
948,617
Completed
Airport
Airlines & US Airlines
Airways
Colocation
Tenant
Imorovement
'Mesa Aimort City of
P.O. Box 1466
(480) 644-2011 AZ
Stephen Ganstrom 85211-1466
6,279,428
09/30/2010 Completed
Airport
`. Rescue Mesa
Fire-Fightind
rFacikv #215
Total Average�
$122,105,618.87
$6,426,611.52
REQUEST FOR GMP PROPOSAL
FOR
EAGLE COUNTY REGIONAL AIRPORT ADMINISTRATION OFFICE REMODEL
PROPOSAL ISSUE
JULY 16, 2015
GMP TO BE RECEIVED BY
AUGUST 5, 2015
GMP TO BE SENT TO:
PROJECT MANAGEMENT DEPARTMENT
RICK ULLOM, CONSTRUCTION MANAGER
P.O. BOX 850, EAGLE, COLORADO 81631
3289 COOLEY MESA ROAD, GYPSUM, CO 81637
EXHIBIT
TABLE OF CONTENTS
Listof Drawings....................................................................................................................................
Requestfor GMP Proposal................................................................................................................
Instructions to Proposers.........................................................................................................................
ProposalForm..............................................................................................................................................
ProposalSubmittal Checklist.....................................................................................................................
SupplementalUnit Pricing.................................................................................................................
Proposed Subcontractor Form............................................................................................................
Qualifications......................................................................................................................................
SampleAgreement..............................................................................................................................
GeneralConditions...............................................................................................................................
Specifications.........................................................................................................................................
LIST OF CONSTRUCTION DRAWINGS
The following is a complete list of the construction drawings that are included in the Proposal
Package (the "Construction Drawings").
Sheet No.
Sheet Name
Most Current
A-1
Title Sheet
7/6/15
A-2
Existing and Proposed Plans
7/6/15
A-3
Existing RCP, Proposed RCP
7/6/15
A-4
Wall Section, Details
7/6/15
A-5
Assemblies, Details
7/6/15
A-6
Schedules, Interior Elevations
7/6/15
S1.1
General Notes, Sheet Index, Keyplan & Legend
7/2/15
52.1
Partial Roof and Floor Framing Plan
7/2/15
S3.1
Framing & Foundation Details
7/2/15
M1.0
Spec's, Sched., Schedules, & Sequence
7/2/15
M2.0
HVAC
7/2/15
E1.0
Electrical Legend, Specs, & Details
7/2/15
E1.1
Electrical One -Line & Panel Schedules
7/2/15
E2.0
Power & Systems Plan
7/2/15
E3.0
Lighting & RCP Plan
7/2/15
[End of Section]
GMP PROPOSAL
GMP Issue: July 16, 2015
Project: EAGLE COUNTY REGIONAL AIRPORT ADMINISTRATION OFFICE REMODEL
Project Location: 219 Eldon Wilson Road, Gypsum, CO 81637
wcca aa)wcca-ai.com
Eagle County is soliciting proposals for construction services for the interior remodeling of
existing office space known as the "Eagle County Regional Airport Administration Office"
("Project"). Construction services to be provided include, but are not limited to, framing,
drywall, paint, electrical and mechanical systems as per the Construction Drawings.
GMP Proposals for the Project must be sent to Rick Ullom, Construction Manager, via U.S. mail
addressed to the Eagle County Project Management Department, ATTN: Rick Ullom,
Construction Manager, P.O. Box 850, Eagle, CO 81631-0850; or by FedEx, UPS, DHL, or hand
delivered to the Eagle County Project Management Department, Eagle County Maintenance
Service Center, ATTN: Rick Ullom, 3289 Cooley Mesa Road, Gypsum Colorado, 81637; or,by
email to: rick.ullom@eaglecounty.us. GMP Proposals must be received on or before 3:00 p.m.,
MDT on August 5, 2015, in order to be considered. All documents submitted with the GMP
Proposal shall be clearly marked with the Proposer's name.
GMP Proposals received after the date and time set forth above may be considered non-
responsive. Sole responsibility rests with the Proposer to ensure its Proposal is received on time
and at the stated location. No telephone or facsimile Proposals will be accepted.
The Owner of the Project, EAGLE COUNTY (hereinafter referred to as the "Owner") presently
anticipates reviewing the GMP Proposals from August 6, 2015 to August 8, 2015 and issuing a
Notice of Award to the Successful Proposer on August 12, 2015.
The Successful Proposer will be required to furnish certification of specific insurance
requirements and performance bonds required for contracts with Owner prior to the
commencement of any services.
All Proposers are required to attend a mandatory pre -proposal meeting and site visit on July 23,
2015 at 3:00 p.m., local time. Failure to attend will result in disqualification of a Proposer's
Proposal. Potential subcontractors are encouraged to attend.
The Construction Drawings and the Specifications for the Project may be obtained electronically
from the Eagle County Project Management Department Office from the Owner's
Representative, Kristin Degenhardt, kristin.degenhardt@eaglecounty.us. The Drawings and
Specifications are also available at www.eaglecounty.us.
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
Proposer, to disregard all non -conforming, non-responsive or conditional Proposals and to
postpone the award of the Project Agreement for a period not exceeding ninety (90) days after
review of the GMP Proposals.
Any questions concerning this Proposal shall be directed in writing (e-mail) to:
Rick Ullom, Construction Manager
Email: rick.ullom@eaglecounty.us
[End of Section]
INSTRUCTIONS TO PROPOSERS
INSTRUCTIONS TO PROPOSERS
1. Defined Terms
Terms used in these Instructions to Proposers which are defined elsewhere in the
Contract Documents have the same meanings. The term "Successful Proposer" means
the most qualified, responsible proposer to whom the Owner (on the basis of Owner's
evaluation as hereinafter provided) makes an award.
"Applicable Requirements" means all federal, state and local laws, statutes, ordinances,
codes, rules, regulations, orders, judgments and decrees applicable to the Work.
"Construction Schedule" means a document containing specific time periods and
deadlines associated with construction of the Project and performance of the Work.
"Contractor" means the company that undertakes a Project Agreement to provide
material and labor to complete the Project.
"Contract Time" means the time between the signing of the Project Agreement and
Final Completion.
"Contract Price" means the compensation for the Work, as specified in the Project
Agreement authorizing the Work to be performed.
"County" means.Eagle County, Colorado a body corporate and politic.
"Effective Date" means the date upon which the Project Agreement is signed.
"Final Completion" means (a) the Work has passed all applicable inspections and
Contractor has obtained all required approvals, permits, certificates and sign -offs from
the appropriate agencies, including governmental authorities and utilities, (b) all Work,
including all punch list Work, has been completed to Owner's satisfaction, as evidenced
by a written approval notice to Contractor from Owner's Authorized Representative and
(c) Contractor has delivered to Owner the as -built Plans, and other documentation
required and cleaned the Site.
"General Conditions" means the general conditions as set forth in the Contract
Documents.
"Owner" means EAGLE COUNTY
"Payment Authorization" means all written authorizations that Owner requires
Contractor to submit with invoices for payment.
"Phase" means a portion of the Project defined as such.
"Plans" means the official plans, drawings, Working drawings, or supplemental drawings
or exact reproductions thereof, approved by Owner's Authorized Representative, which
show the location, character, dimensions, and details of the Work.
"Project" means the construction Project specified in the Project Agreement and Scope
of Work; in the total construction of which the Work may be the whole or a part.
"Project Agreement" means the legally binding contract that is signed by the Owner and
the Contractor to successfully complete the Project defined by the Contract Documents.
"Proposal" means the offer or proposal of the Proposer submitted on the prescribed
Proposal Form setting forth the prices for the Project to be constructed.
"Proposal Package" means all documents and drawings provided to the Contractor for
bidding purposes, consisting of: List of Construction Drawings, Request for GMP
Proposals, Instructions to Proposers, Proposal Form, Proposal Submittal Checklist,
Supplemental Unit Pricing, Proposed Subcontractor Form, Proposer's Qualifications,
General Conditions, General Requirements, Technical Specifications and Sample Project
Agreement.
"Proposal Form" means the form of the offer or proposal setting forth the Project to be
constructed.
"Proposer" means any individual, firm or corporation submitting a GMP Proposal for the
Project contemplated, acting directly or through a duly authorized representative.
"Punch List" means a list of issues compiled by the Owner and Owner's Representative
that need to be resolved by the Contractor prior to Final Completion.
"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.
"Substantial Completion" means the Work (or a specified part thereof) has progressed
to the point where, in the opinion of Owner as evidenced by its definitive certificate of
substantial completion, it is sufficiently complete, in accordance with the Contract
Documents, so that the Work (or specified part) can be utilized for the purposes for
which it was intended; or if there be no such certificate issued, when final payment is
due in accordance with the General Conditions. The terms "substantially complete" and
"substantially completed" as applied to any Work refer to substantial completion
thereof.
"Specifications" means the specifications specified in the Scope of Work in drawing and
document format.
"Subcontractor" means an individual or entity having a direct contract with the
Contractor or with any other Subcontractor for the performance of a portion of the
Work.
"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.
"Work" or "Scope of Work" means the Work specified in the Construction Drawings and
the Technical Specifications.
2. Copies of Contract Documents
a. The Contract Documents consist of the following:
Project Agreement
Contractor's Proposal Form
Request for GMP Proposals and Instructions to Proposers
General Conditions
Construction Drawings
Specifications
Proposal Schedule Descriptions
Addenda
Performance and other Bonds
Notice of Award and Notice to Proceed
Change Orders
In case of a discrepancy between the documents, the order of precedence is as listed
above.
b. The Drawings and Specifications are available at www.eaglecounty.us or electronically
through the Owner's Representative, Kristin Degenhardt,
kristin.degenhardt@eaglecounty.us. Proposers will be responsible for all printing costs.
Hard copy plan sets can be sent to a Proposer upon request at a cost of $150.00. Checks
should be made payable to Menendez Archictects.
c. Complete sets of Contract Documents shall be used in preparing Proposals. Neither
Owner, nor Owner's Representative assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Contract Documents.
The Owner reserves the right to issue Addenda. Proposers shall provide an e-mail
address to which the Owner can e-mail the Addenda or notice thereof. In the event
the Proposer does not have an e-mail address, the Proposer shall provide a
telephone number where the Owner can notify the Proposer by phone of the
Addenda. The Proposer shall be responsible for obtaining any Addenda.
e. The Owner, in making Contract Documents available, does so only for the purpose of
obtaining Proposals for the Work and does not confer a license or grant for any
other use.
3. Qualifications of Proposers
To demonstrate qualifications to perform the Work, each Proposer is required to
complete and submit the attached Proposer's Qualification Statement with its Proposal.
4. Examination of Contract Documents and Site
a. Before submitting a Proposal, each Proposer shall (a) examine the Contract
Documents thoroughly; (b) visit the site to become familiar with local conditions
that in any manner affect cost, progress or performance of the Work; (c) become
familiar with federal, state and local laws, ordinances, rules and regulations that in
any manner affect cost, progress or performance of the Work; and (d) study and
carefully correlate the Proposer's observations with the Contract Documents.
b. A mandatory pre-bid meeting for all General Contractors will take place on July 23,
2015 at 3:00 p.m., local time at the Eagle County Regional Airport Administration
Office, 219 Wilson Road, Gypsum, Colorado. Site visits must be scheduled through
the Airport Administration Office by contacting Erin Mercer 970-328-2682 to review
the area of Work.
c. The submission of a Proposal shall constitute an incontrovertible representation by
the Proposer of compliance with every requirement of the Contract Documents, and
that the Contract Documents are sufficient in scope and detail to indicate and
convey understanding of all terms and conditions for performance of the Work.
d. A $10,000.00 contingency will be included into the Contract Price for unforeseen
conditions or emergencies ("Contingency"). Any expenditure of the Contingency
must be expressly approved by Owner.
5. Interpretations
All questions about the meaning or intent of the Contract Documents shall be submitted
to the Owners Representative in writing. Replies shall be issued by Addenda. The last
day for interpretation of the Contract Documents is July 28, 2015. Questions received
after 5:00 pm on this date shall not be answered. All Addendums shall be issued by the
Owners Representative no later than 5:00 pm on July 30, 2015. Only questions
answered by formal written Addenda shall be binding. The Owner has not and will not
authorize anyone to orally interpret any of the Contract Documents and any such oral or
other interpretations or clarifications shall be without legal effect.
6. Bid Security
INTENTIONALLY OMITTED
7. Substitute Material and Equipment
a. The Project Agreement, if awarded, will be on the basis of material and equipment
described in the Construction Drawings as specified in the Specifications without
- consideration of possible substitute or "or -equal' items. Whenever it is indicated in the
Construction Drawings, or specified in the Specifications, that a substitute or "or -equal'
item of material or equipment may be furnished or used by Contractor if acceptable to
Owner, application for such acceptance will not be considered by Owner until after the
effective date of the Project Agreement.
8. Proposal Form
a. Proposer shall submit three hard copies of completed Proposal Form.
b. The Proposer shall submit a completed Proposal Form. Amounts shall by typed and
not handwritten.
c. Proposal Forms shall be,clearly printed, so as to be legible. Proposals may be
disqualified if they are illegible, as determined by the parties reviewing the
Proposals.
d. Proposals 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. Proposals 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. Proposers are required to complete all Proposal Schedules with amount to be typed
and not handwritten. If all Proposal Schedules are not complete, the Proposal will be
considered incomplete and may be rejected in the sole discretion of the Owner.
Proposals with other omissions may also be rejected in the sole discretion of the
Owner.
h. Alterations of the Proposal Form will not be accepted.
9. Submission of Proposals
Proposals shall be submitted in the manner and at the time and place indicated in the
Request for GMP Proposals. Proposals shall be submitted in a sealed envelope, plainly
marked "Proposal for Eagle County Regional Airport Administration Office Remodel" or
via email with the title "Proposal for Eagle County Regional Airport Administration Office
Remodel" in the subject line of the email. If submitting hard copies of the Proposal, the
outside of the envelope must contain the name and address of the Proposer. All
documents submitted with the Proposal shall be clearly marked with the Proposer's
name. The Proposal shall be accompanied by all required documents and a disk (or
electronic storage device e.g. "thumb drives") containing the Proposal Form, Proposal
Schedule, and any other relevant information. No telephone or facsimile Proposals will
be accepted.
10. Modification and Withdrawal of Bids
a. Proposals maybe modified or withdrawn at anytime prior to the review of the
Proposals by submission of an appropriate document executed in the manner that a
Proposal must be executed, and delivered to Rick Ullom at the street address where
Proposals are to be submitted.
If, within twenty-four hours after the Proposals are reviewed, any Proposer 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 Proposal, that Proposer may withdraw its Proposal.
Thereafter, that Proposer will be disqualified from further bidding on the Work.
11. Review of Proposals
a. When Proposals are opened publicly, they will be read aloud, and an abstract of the
amounts of the base Proposal and major alternates (if any) will be made available after
the opening Proposals.
b. All Proposals shall remain open for thirty (30) days after the day of the Proposal review,
but Owner may, in its sole discretion, release any Proposal prior to that date.
12. Award of Contract
a. If a Project Agreement is to be awarded, it shall be awarded to the most qualified,
responsible Proposer; however, the Owner reserves the right, in its sole discretion,
to accept or reject any and all Proposals, to waive any and all informality or
technicality in any Proposal, to negotiate contract terms with a Proposer, to add or
delete work on the Proposal and adjust cost accordingly, to disregard all non-
___ conforming, non-responsive, or conditional Proposals and to postpone the award of
the Project Agreement for a period not exceeding ninety (90) days after the Proposal
review. Owner may accept a Proposal other than the lowest responsive Proposal 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 Proposals, Owner shall consider the qualifications of the Proposers,
whether or not the Proposals comply with the prescribed requirements, and
alternates and unit prices if requested in the Proposal Forms. It is the Owner's
intent to accept alternates (if any are accepted) in the order in which they are listed
in the Proposal Form, but Owner may accept them in any order or combination.
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 Proposal and to establish the responsibility, qualifications and
financial ability of the Proposers, 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 Proposal of any Proposer 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
Proposer, a Colorado resident proposer shall be allowed a preference against a
nonresident proposer from a state or foreign country equal to the preference given
or required by the state or foreign country in which the nonresident proposer 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 Proposal, the Contractor acknowledges and agrees that the
discretion of Owner -in selection of the Successful Proposer 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.
L If the Project Agreement is to be awarded, the Owner shall give the Successful
Proposer a Notice of Award within forty-five (45) days after the day of the Proposal
review or such other time as may be set forth in the Proposal Package.
13. Performance or Other Bonds
1. When the Successful Proposer delivers the executed Project Agreement to Owner, it
shall be accompanied by performance and payment bonds, furnished by Contractor,
each in an amount at least equal to 100% of the Contract Price as security for the
faithful performance and payment of all Contractor's obligations under the Contract
Documents. These bonds shall remain in effect at least until two years after the date of
final payment, except as otherwise provided by law. Contractor shall also furnish other
bonds as are required by the Contract Documents. All bonds shall be in the forms
prescribed by the Contract Documents, and be executed by such sureties as (a) are
licensed to conduct business in the state where the project is located, and (b) are
named in the current list of "Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury
Department. All bonds signed by an agent must be accompanied by a certified copy of
the authority to act.
b. If the surety on any bond furnished by Contractor is declared bankrupt, or becomes
insolvent, or its right to do business is terminated in any state where any part of the
Project is located, or it ceases to meet the requirements of clause (a) of this paragraph
13, Contractor shall within five days thereafter substitute another bond and surety, both
of which shall be acceptable to Owner.
14. Signing of Agreement
When the Owner issues a Notice of Award to the Successful Proposer, it will be
accompanied by at least four (4) unsigned counterparts of the Project Agreement and all
other Contract Documents. Within ten (10) calendar days thereafter the Successful
Proposer shall sign and deliver four (4) fully executed counterparts of the Project
Agreement to the Owner with all other Contract Documents attached. Within ten (10)
days thereafter the Owner shall deliver one signed counterpart to the Successful
Proposer.
15. Mandatory Pre -Bid Meeting & Site Visit
All Proposers are required to attend a mandatory pre -Bid meeting & site visit on July 23,
_2015at3:00 p.m., local time at the Eagle County Regional Airport Administration Office,
214 Wilson Road, Gypsum, Colorado. Failure to attend will result in disqualification of
a Proposer's Proposal. Potential subcontractors are encouraged to attend.
16. Project Schedule
The Proposer is required to submit with the Proposal 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
also specify the manpower and resources available for Work on this Project, including,
but not limited to, an estimate of the number of crews working on site on a weekly basis
and the average time per week for key personnel on the Project. The schedule shall
assume a start date of September 8, 2015, Substantial Completion by November 13,
2015and Final Completion by December 4, 2015. The construction schedule will be
reviewed when evaluating the Proposals. Therefore, the Proposers should give careful
consideration of how Work can be sequenced to meet or finish sooner than the
deadlines set forth in this paragraph.
17. 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 $250.00 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.
18. Confidentiality
Proposers should clearly identify any proprietary or confidential commercial data
submitted with a Proposal. Such identification may not preclude the release of such
information pursuant to court order or under the Colorado Open Records Act.
Notwithstanding the foregoing, Proposers submitting Proposals in response to this
Request for GMP Proposals acknowledge and agree that if a Project Agreement is
awarded, Owner shall have the right to disclose the information submitted by the
Successful Proposer in response to this Request for GMP Proposals.
[END OF SECTION]
GMP PROPOSAL FORM
THIS GMP PROPOSAL IS SUBMITTED TO:
PROJECT MANAGEMENT DEPARTMENT
RICK ULLOM, CONSTRUCTION MANAGER
P.O. BOX 850
EAGLE, COLORADO 81631
July 16, 2015
The undersigned Proposer, 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 Proposal 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 Proposal Form as payment in full.
The undersigned further proposes that should this Proposal be accepted, the Proposer will
commence Work on September 8, 2015 and complete the Project on or before December 4,
2015.
The undersigned further agrees, if awarded the Contract for the Work included in this Proposal,
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 Proposal.
The undersigned hereby certifies that this Proposal 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 Proposer to submit a sham
Proposal, 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 Proposer.
The only persons interested as principals in this Proposal 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 Proposal shall be valid from the date of submission to the date of an executed Project
Agreement.
In submitting this Proposal, the undersigned further acknowledges and agrees that:
(a) the right is reserved by Owner to reject, in its sole discretion, any or all Proposals, and to
waive irregularities in bidding;
(b) the discretion of Owner in the selection of the most qualified, responsible Proposer shall be
final, not subject to review or attack; and
(c) this Proposal is made with full knowledge of the foregoing and in full agreement therewith.
Respectfully submitted,
Contractor
(Proposer)
By (Signature)
(Title)
(SEAL)
(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 Proposer proposes and agrees, if this Proposal 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 Proposal and in accordance with the General Conditions.
2. Proposer accepts all of the terms and conditions of the Instructions to Proposers, including
without limitation those dealing with performance and payment bonds, and warranty
bonds. This Proposal will remain open until the effective date of any Project Agreement
between the Owner and the apparent Successful Proposer. The Successful Proposer 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.
In submitting this Proposal, Proposer represents, that:
a. Proposer has received and examined copies of all the Contract Documents and
of the following addenda:
Addenda Date Addenda Number Initial
b. Proposer 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 Proposer deems
necessary.
4. Proposer will complete the Work for all Proposal items listed in the Proposal Form.
5. Proposer agrees that the Work will be Substantially Complete on or before November 13,
2015 and Final Completion on or before December 4, 2015 as described throughout these
Contract Documents. Proposer 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 Proposal:
a. A completed Proposer's Qualification Statement as required by Paragraph 3 of
the Instructions to Proposers.
b. A preliminary construction schedule as described in the Instructions to
Proposers.
c. Proposer 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 Request for GMP Proposals shall be addressed to:
Rick Ullom
Construction Manager
Email: rick.ullom@eaglecounty.us
Phone: 970-328-8780
Terms used in this -Proposal which are defined elsewhere in the Contract Documents have
the same meanings.
9. Proposers shall pay special attention to the following items:
a. Proposers 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 Proposal Form.
These numbers will also be used for 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 PROPOSER, 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 Proposal 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 bond,
insurance and submittals; all as indicated or specified in the Contract Documents to be
performed or furnished by Contractor in accordance with the following Proposal prices.
Proposer must submit pricing on all scheduled values to be considered.
Proposals will be rejected if the Proposal Form is modified or altered in any way.
Values for each scheduled item shall be written out (typed) in words and numeric format.
GMP PROPOSAL PRICE:
Total itemized costs for materials, installation, and labor for the installation, and two year
warranty as shown on the Construction Drawings. Improvements include, but are not limited
to: construction services for remodeling of the Eagle County Regional Airport Administration
Office. 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 Proposal includes Addendum(s).
If none, so state.
The undersigned Proposer 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
Proposal, 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 $250.00 per calendar day for every day late.
PREPARED BY
Signed:
Name
Printed:
Title:
Company:
[End of Section]
PROPOSAL SUBMITTAL CHECKLIST
The following items shall be included as part of the Proposal package. Packages not containing
these items shall be deemed incomplete and will be rejected.
1. Completed Proposal Form
2. Proposer's Qualifications
3. Acknowledgement of Addendums
4. Proposed subcontractor list
5. Proposed Project schedule
6. Supplemental Unit Pricing form
[End of Section]
SUPPLEMENTAL UNIT PRICING
411 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 Unit Prices:
Item Description
----------------------
----------------------
Unit Unit Price
CM/GC—OVERHEAD AND PROFIT FEE PERCENTAGE
[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
Proposer:
(Name of Company)
Bv:
(Signature and Title)
Date:
Note: This sheet may be reproduced by the Proposer 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]
PROPOSER'S QUALIFICATIONS
The Undersigned certified under oath the truth and correctness of all statements and/or all
answers to questions made hereinafter.
Submitted to: Owner: EAGLE COUNTY
Submitted by:
NAME
Address
City, State Zip
Phone
Principal Office
Check One: ( ) Corporation ( ) Partnership ( ) Joint Venture ( ) Individual ( ) Other
1. List the five largest active construction Projects your organization has under contract to
date. For each Project include 1) name, 2) owner and phone, 3) owner's rep and phone, 4)
contract date and amount, and 5) remaining amount of contract.
2. Provide resumes for the principal individuals who would be assigned to this Project.
Indicate their position in the company, their role on the Project, approximate time per week
on the Project, experience expertise, certifications, etc.
3. Summarize the experience of the individuals in your organization who would be assigned to
this Project.
NAME POSITION APPROX. TIME/WEEK
4. Provide name of bonding and insurance companies and name and address of agents, as well
as maximum bonding capacity. What portion remains of this bonding capacity at the time
of submittal of the Proposal?
5. What is your Worker's Compensation Experience Modifier Rate?
[End of Section]
INSERT SAMPLE AGREEMENT
[End of Section]
INSERT GENERAL CONDITIONS
[End of Section]
INSERT SPECIFICATIONS
[End of Section]
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BIDDING ADDENDUM NO. 1
August 5, 2015
PROJECT IDENTIFICATION: EAGLE COUNTY REGIONAL AIRPORT
ADMINISTRATION OFFICE REMODEL
Board of County Commissioners
Eagle County,
500 Broadway
Eagle, Colorado 81631
Rick Ullom, Construction Manager
Eagle County Project Management Department
590 Broadway
P.O. Box 850
Eagle, CO 81631
THIS BIDDING ADDENDUM IS ISSUED FOR THE NOTICE TO ALL BIDDERS OF
THE FOLLOWING CHANGED ITEMS:
1. GMP proposals must be received on or before 3:30 pm local time on August 5,
2015, in order to be considered. Note the Eagle County website identifies this
time but the RFP document identifies 3:00 pm MDT on August 5, 2015.
End of Addendum No. 1
SECTION 01001
BASIC REQUIREMENTS
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Summary:
1. Contract description.
2. Work by Owner.
3. Coordination with occupants.
4. Work restrictions.
5. Specification conventions.
B. Price and Payment Procedures:
1.
Contingency allowances.
2.
Cash Allowances.
3.
Testing and inspection allowances.
4.
Schedule of values.
5.
Applications for payment.
6.
Change procedures.
7.
Alternates.
C. Administrative Requirements:
L
Coordination.
2.
Field engineering.
3.
Preconstruction, preinstallation 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.
2.
Tolerances.
3.
References.
4.
Testing and inspection laboratory services.
5.
Manufacturer's field services and reports.
6.
Examination.
7.
Preparation.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-1
F. Temporary Facilities and Controls:
1.
Temporary electricity.
2.
Temporary lighting for construction purposes.
3.
Temporary heating and cooling.
4.
Temporary ventilation.
5.
Telephone service.
6.
Temporary water service.
7.
Temporary sanitary facilities.
8.
Field offices and sheds.
9.
Parking.
10.
Progress cleaning and waste removal.
11.
Project identification.
12.
Barriers and fencing.
13.
Enclosures.
14.
Protection of installed work.
15.
Security.
16.
Environmental control.
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 the interior remodeling of existing office space.
B. Perform Work of Contract under a Fixed Bid contract with Owner in accordance with
Conditions of Owner -Contractor Construction Agreement. In the event of any
discrepancies/conflicts between the specifications and the Construction Agreement, the
Construction Agreement shall govern.
1.3 WORK BY OWNER
A. Owner will remove furnishings and stored items from affected areas.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-2
1.4 COORDINATION WITH OCCUPANTS
A. Partial Owner Occupancy: Owner will occupy the entire first floor of the building during
the 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.
1.5 WORK RESTRICTIONS
A. On -Site Work Hours: work hours will be limited to the airport administration office
business hours (8:00 AM to 5:00 PM Monday — Friday).
1.6 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
1.7 CONTINGENCY ALLOWANCES
A. Include contingency allowance of $10,000 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.
1.8 CASH ALLOWANCES
A. Costs Included in Allowances: Cost of Product to Contractor or subcontractor, less
applicable trade discounts.
B. Costs Not Included in Allowances But Included in Contract Sum/Price: Delivery to site,
applicable taxes, product handling at the site, including unloading, uncrating, and storage;
protection of Products from elements and from damage and labor for installation and
finishing.
C. Difference in cost will be adjusted by Change Order.
D. Allowances Schedule:
1. Allow stipulated sum of $300 for purchase of identifying devices (signage)
including room name plaques, wayfinding plaques and ADA plaques. Include
installation of plaques in bid in addition to allowance.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-3
1.9
TESTING AND INSPECTION ALLOWANCES
A.
Testing and Inspection Allowances: Not required, Owner will contract and pay costs of
testing and inspections directly to the firms providing the service if needed.
B.
Include cost of scheduling, coordinating, incidental labor and facilities required to assist
testing or inspection firm in bid.
1.10
SCHEDULE OF VALUES
A.
Submit schedule on AIA Form G703.
B.
Submit Schedule of Values in duplicate within 15 days after date of Owner -Contractor
Agreement or Notice to Proceed.
1.11
APPLICATIONS FOR PAYMENT
A.
Submit three copies 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.
1.12
CHANGE
PROCEDURES
A.
Per requirements of Owner -Contractor Construction Agreement.
B.
Change Order Forms: AIA G701.
1.13
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. No Alternates scheduled for the project.
1.14
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.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-4
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.
1.15 FIELD ENGINEERING
A. Establish elevations, lines, and levels and certify elevations and locations of the Work
conform with Contract Documents.
B. Verify field measurements are as indicated on shop drawings or as instructed by
manufacturer.
1.16 PRECONSTRUCTION, PREINSTALLATION MEETINGS
A. Owner will schedule preconstruction meeting after Notice of Award for affected parties.
B. When required in individual specification section, convene pre -installation meeting at
Project site prior to commencing work of section.
1.17 PROGRESS MEETINGS
A. Schedule and administer meetings throughout progress of the Work at weekly intervals or
as required by Owner -Contractor Construction Agreement.
B. Preside at meetings, record minutes, and distribute copies within five days to those
affected by decisions made.
1.18 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 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.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-5
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.
1.19 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.
E. Allow two weeks turnaround time for Architect/Engineer review of submittals, including
shop drawings.
1.20 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 at each Progress Meeting, 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.
1.21 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 two copies which will be
retained by Architect/Engineer. Digital (PDF format) copies are acceptable.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-6
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.
1.22 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 two copies which will
be retained by Architect/Engineer. Digital (PDF format) files are acceptable.
1.23 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.
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.
1.24 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.
1.25 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.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-7
1.26 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.
1.27 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.
1.28 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.
1.29 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.
1.30 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.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-8
1.31 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.
1.32 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.
1.33 TEMPORARY ELECTRICITY
A. Coordinate with Owner for use of electricity and power outlets for construction
operations, connections, branch wiring, distribution boxes, and flexible power cords as
required.
1.34 TEMPORARY LIGHTING FOR CONSTRUCTION PURPOSES
A. Provide and maintain temporary lighting for construction operations as may be needed.
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.
1.35 TEMPORARY HEATING AND COOLING
A. Provide heating and cooling devices and heat and cool as needed to maintain specified
conditions for construction operations.
B. Provide and pay for operation, maintenance, and regular replacement of filters and worn
or consumed parts.
C. Maintain minimum ambient temperature of 45 degrees F in areas where construction is in
progress, unless indicated otherwise in specifications.
1.36 TEMPORARY VENTILATION
A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent
accumulation of dust, fumes, vapors, or gases.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-9
1.37 TELEPHONE SERVICE
A. Provide, maintain and pay for telephone service to site at time of project mobilization.
Mobile telephones are acceptable.
1.38 TEMPORARY WATER SERVICE
A. Coordinate with Owner for use of suitable quality water service required for construction
operations.
1.39 TEMPORARY SANITARY FACILITIES
A. Building second floor bathroom facilities may be used.
B. Maintain in clean and sanitary condition and thoroughly clean at end of construction.
1.40 FIELD OFFICES AND SHEDS
A. Not required.
1.41 PARKING
A. Owner will provide temporary parking areas to accommodate construction personnel.
1.42 PROGRESS CLEANING AND WASTE REMOVAL
A. Collect and maintain areas free of waste materials, debris, and rubbish. Maintain site in
clean and orderly condition.
1.43 PROJECT IDENTIFICATION
A. Provide as may be required by Building Department.
1.44 BARRIERS AND FENCING
A. Provide fencing to prevent unauthorized entry to construction areas and to protect
existing facilities and adjacent properties from damage. May be necessary for staging
area.
B. Construction: Contractor's option.
1.45 ENCLOSURES
A. Erect and maintain temporary partitions to prevent spread of dust.
B. Erect and maintain temporary barriers and security devices.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-10
1.46 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual
specification sections.
1.47 SECURITY AND SAFETY
A. Provide facilities to protect Work from unauthorized entry, vandalism, or theft.
B. Provide safety training, signage, products, and traffic control services as needed to
maintain project safety.
C. Workers may be required to obtain airport security badging, coordiante with Owner.
1.48 ENVIRONMENTAL CONTROL
A. Provide methods, means, and facilities to prevent spread of noxious, toxic substances,
and pollutants produced by construction operations to other parts of the building.
1.49 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.
1.50 DELIVERY, HANDLING, STORAGE, AND PROTECTION
A. Deliver, handle, store, and protect Products in accordance with manufacturer's
instructions.
1.51 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, except where
otherwise noted.
C. Products Specified by Naming One or More Manufacturers with Provision for
Substitutions: Submit request for substitution for manufacturers not named.
1.52 SUBSTITUTIONS
A. Where Substitutions are permitted, document each request with complete data
substantiating compliance of proposed Substitution with Contract Documents.
B. Submit three copies of request for Substitution for consideration. Limit each request to
one proposed Substitution. Digital (PDF format) copies are acceptable.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-11
1.53
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.
1.54
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.
D.
Replace filters of operating equipment.
E.
Remove waste and surplus materials, rubbish, and construction facilities from site.
1.55
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.
1.56
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.
1.57
TESTING, ADJUSTING, AND BALANCING
A.
Adjust operating products and equipment to ensure smooth and unhindered operation.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-12
1.58 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, and other surfaces from traffic, dirt, wear, damage, or movement
of heavy objects, by protecting with durable sheet materials.
1.59 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.
1.60 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 and one electronic (PDF format) copy.
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.
1.61 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide Products, spare parts, maintenance and extra materials in quantities specified in
individual specification sections.
1. Flooring Materials: Provide extra flooring materials (carpet tiles) in amounts
equal to 10% of installed square footage.
B. Deliver to Project site and place in location as directed by Owner; obtain receipt prior to
final payment.
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-13
1.62 WARRANTIES
A. Provide duplicate copies.
B. Execute and assemble transferable warranty documents from subcontractors, suppliers,
and manufacturers.
C. Submit prior to final Application for Payment.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
Eagle County Airport Administration Office Remodel 07-02-15 Basic Requirements
01001-14
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 and review of Proposals
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 AIA 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: Menendez Architects, 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.
BONDS: Performance and payment bonds and other instruments of security.
CHANGE ORDER: A written order to CONTRACTOR signed by OWNER authorizing an
addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract
Time issued after the effective date of the Agreement 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
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 Proposer 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.
OWNER'S REPRESENTATIVE: The Owner's Representative is the Eagle County Project
Management Department and Rick Ullom or his designee.
PROJECT: The Eagle County Detention Center. 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.
PROPOSAL: The offer or proposal of the Proposer submitted on the prescribed form setting
forth the prices for the Work to be performed.
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
CONTRACTOR'S obligations.
ARTICLE 2 — PRELIMINARY MATTERS
DELIVERY OF BONDS
2.1 When Contractor delivers the executed Agreement to OWNER, CONTRACTOR shall also
deliver to OWNER such bonds as CONTRACTOR may be required to furnish in accordance with
paragraph 5.1.
COPIES OF DOCUMENTS:
2.2 OWNER shall furnish to CONTRACTOR up to 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 anytime within thirty (30) days after the effective date of the Agreement.
STARTING THE PROJECT:
2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences
to run, but no Work shall be done at the site prior to the date on which the Contract Time
commences to run.
BEFORE STARTING CONSTRUCTION:
2.5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to 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:
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.
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3.2 The Contract Documents are complementary; what is called for by one is as binding as if called
for by all. If during the performance of the Work, CONTRACTOR finds a conflict, error, or
discrepancy in the Contract Documents, he shall report it to 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.
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 Proposals (or on the effective date of the agreement if
there were no Proposals), 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.
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 - BONDS AND INSURANCE
PERFORMANCE AND OTHER BONDS
5.1 CONTRACTOR shall furnish performance and payment bonds, each in an amount at least equal
to the Contract Price as security for the faithful performance and payment of all
CONTRACTOR'S obligations under the Contract Documents. These bonds shall remain in
effect at least until two years after the date of final payment, except as otherwise provided by law.
CONTRACTOR shall also furnish other bonds as are required by the Contract Documents. All
bonds shall be in the forms prescribed by the Contract Documents, and be executed by such
sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are
named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed
by an agent must be accompanied by a certified copy of the authority to act.
5.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt, or becomes
insolvent, or its right to do business is terminated in any state where any part of the project is
located, or it ceases to meet the requirements of clauses (a) and (b) of paragraph 5.1,
CONTRACTOR shall within five days thereafter substitute another bond and surety, both of
which shall be acceptable to OWNER.
INSURANCE:
53 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;
5.3.3 Claims for damage because of bodily injury, sickness or disease, or death of any person
other than his employees, and claims insured by usual personal injury liability coverage;
5.3.4 Claims for damages because of injury to or destruction of tangible property, including
loss of use resulting therefrom.
- Workmen's Compensation insurance shall provide coverage as required by the laws of
the State of Colorado.
Insurance covering claims for damages to persons or property required by the preceding
paragraph (except subparagraph 5.3. 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:
5.3.5 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.
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: 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 r
equipment, or temporary structures erected at the site and belonging to any person or persons, or
their Subcontractors who are obliged by contract with the OWNER to do Work on the Projects.
Such insurance shall be placed jointly in the names of the OWNER, CONTRACTOR, and any
and all Subcontractors, and any and all others obliged by contract with the OWNER to do Work
on this Project and at the OWNER's option, any other person or persons whom the OWNER
deems to have an insurable interest in said property, or any part thereof, payable as their several
interests may appear.
CONTRACTOR shall furnish OWNER with certification of said insurance prior to
commencement of any Work. Any proceeds obtained from insurance provided for by this
paragraph shall be paid to and held by the OWNER as trustee. The OWNER shall have the right
to withhold payment of such proceeds until such time as the Work destroyed or damaged and
covered by such insurance shall be reconstructed and shall pay such proceeds on an installment
basis similar to that provided for by progress payment 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.
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 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
10
the performance of Work on Saturday, Sunday, or any legal holiday without OWNER'S written
consent given after prior written notice to ARCHITECT.
6.4 Colorado labor shall be employed to perform the Work to the extent of not less than eighty
percent of each type or class of labor in the several classifications of skilled and common labor
employed on the Project. "Colorado labor" means any person who is a resident of the State of
Colorado, at the time of employment, without discrimination as to race, color, creed, sex, age, or
religion except when sex or age is a bona fide occupational qualification.
6.5 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and
sanitary facilities, and all other facilities and incidentals necessary for the execution, testing,
initial operation, and completion of Work.
6.6 All materials and equipment shall be of good quality and new, except as otherwise provided in
the Contract Documents. If required by ARCHITECT, CONTRACTOR shall furnish satisfactory
evidence (including reports of required test) as to the kind and quality of materials and
equipment.
6.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier, or distributor, except as otherwise provided in the Contract Documents.
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
11
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
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
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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
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 Town of Gypsum
Building Permit. 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 Proposals.
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
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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
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.
6.25
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:
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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:
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:
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6.30 In emergencies affecting the safety or protection of persons, or the Work, or property at the site or
adjacent thereto, CONTRACTOR, without special instruction or authorization from
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.
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
/or OWNER's attention to such deviation at the time of submission, and ARCHITECT with prior
16
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,
or anyone for whose acts any of them may be liable. 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
17
deficiencies in such Work that render it unsuitable for such proper execution and results.
CONTRACTOR'S failure to so report shall constitute an acceptance of the other Work as fit and
proper for integration with CONTRACTOR'S Work, except for latent or non -apparent defects
and deficiencies in the other Work.
7.3 CONTRACTOR shall do all cutting, fitting, and patching of his Work that may be required to
make its several parts come together properly and integrate with such other Work.
CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise
altering their work, and will only cut or alter their work with the written consent of 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
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, or 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 OWNER'S
representative during construction are set forth in the Contract Documents, and shall not be
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:
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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 be consistent with, or
reasonably inferable from, the overall intent of the Contract Documents.
If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the
Contract Price or Contract Time, CONTRACTOR may make a claim therefore, as provided in
Article 11 or Article 12.
REJECTING DEFECTIVE WORK:
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 be 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
19
of the Contract Documents pertaining to the execution and progress of the Work shall be
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.
9.12 ARCHITECT and OWNER will not be responsible for CONTRACTOR'S 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 CONTRACTOR'S
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 written 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,
20
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.
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 11.7.
11.4.4 Regardless of method for determining the value of any Work covered by a change order,
the CONTRACTOR shall provide OWNER with written documentation concerning the
claim, including but not limited to the specific reasons for the claim.
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 be agreed to
in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the
locality for the Project, shall include only the following items, and shall not include any of the
costs itemized in paragraph 11.6:
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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 be 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
the same manner as CONTRACTOR'S Cost of the Work. All Subcontracts shall be
subject to the other provisions of the Contract Documents insofar as applicable.
11.5.4 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.
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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
Cost of premiums for additional bonds and insurance required because of
changes in the Work.
11.6 The term "Cost of the Work" shall not include any of the following:
11.6.1 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.
11.6.3 Any part of CONTRACTOR'S capital expenses including interest on CONTRACTOR'S
capital employed for the Work, and charges against CONTRACTOR for delinquent
payments.
11.6.4 Cost of premiums for all bonds and for all insurance whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except for
additional bonds and insurance required because of changes in the Work).
11.6.5 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 CWGC Overhead and Profit Fee.
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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 bid 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 in
writing.
CASH ALLOWANCES:
11.11 It is understood that CONTRACTOR has included in the Contract Price all allowances so named
in the Contract Documents, and shall cause the Work so covered to be done by such
Subcontractors, manufacturers, fabricators, suppliers, or distributors, and for such sums within the
limit of the allowances as may be acceptable to 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:
24
13.1 CONTRACTOR warrants and guarantees to OWNER and ARCHITECT that all Work will be in
accordance with the Contract Documents and will not be defective. Prompt notice of all defects
shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected,
corrected, or accepted as provided in this Article 13. Further, CONTRACTOR warrants to
OWNER that (i) materials and equipment furnished under the Contract Documents shall be of
highest quality and new unless otherwise required or permitted by the Contract Documents; (ii)
the Work shall be free from defects and deficiencies; (iii) the Work shall conform to the
requirements of the Contract Documents, applicable laws and applicable permits; and (iv) the
Work shall be performed in a good and workman like manner. All guarantees and warranties of
equipment or materials furnished to CONTRACTOR or any subcontractor(s) by any
manufacturer or supplier shall be for the benefit of OWNER. CONTRACTOR does hereby
covenant, warrant and agree that it shall repair or replace any and all of the Work, together with
other Work which may be displaced by such repair or replacement, without any cost to OWNER
for a period of two (2) years following the date of Substantial Completion of the Work. This
obligation shall survive both final payment for the Work or designated portion thereof and
termination of this Agreement.
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).
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.
25
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.
80 k1kysit
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 OWNER's
observation and replaced at CONTRACTOR'S expense.
13.9 If ARCHITECT or OWNER considers it necessary or advisable that covered Work be 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 be issued. If,
however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in
the Contract Price, or an extension of the Contract Time, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing, and reconstruction.
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:
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
26
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 13.11, or if CONTRACTOR
fails to perform the Work in accordance with the Contract Documents (including any
requirements of the progress schedule), OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such deficiency. In exercising his rights under this
paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective
and remedial action, OWNER may exclude CONTRACTOR from all part of the site, take
possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto,
take possession of CONTRACTOR'S tools, appliances, construction equipment, and machinery at
the site, and incorporate in the Work all materials and equipment stored at the site, or for which
OWNER has paid CONTRACTOR, but which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER'S representatives, agents, and employees such access to the site as may be
necessary to enable OWNER to exercise his rights under this paragraph. All direct and indirect
costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an
amount verified by ARCHITECT, and a change order shall be issued incorporating the necessary
revisions in the Contract Documents and a reduction in the Contract Price. Such direct and
indirect costs shall include, in particular but without limitation, compensation for additional
professional services required, and all costs of repair and replacement of work of others destroyed
or damaged by correction, removal, or replacement of CONTRACTOR'S defective Work.
CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in
performance of the Work attributable to the exercise by OWNER of OWNER'S rights hereunder.
ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
SCHEDULES:
14.1 At least ten days prior to submitting the first application for a progress payment, CONTRACTOR
shall (except as otherwise specified in the general requirements) submit to 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
27
of the schedule of values by ARCHITECT and OWNER, it shall be 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,
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
28
ascertain how or for what purpose CONTRACTOR has used the monies paid or to be paid to
CONTRACTOR on account of the Contract Price, or that title to any Work, materials, or
equipment has passed to OWNER free and clear of any Liens.
14.6 ARCHITECT'S recommendation of final payment will constitute an additional representation by
ARCHITECT to OWNER that the conditions precedent to CONTRACTOR'S being entitled to
final payment as set forth in paragraph 14.13 have been fulfilled.
14.7 ARCHITECT may refuse to recommend the whole, or any part of any payment if, in his opinion,
it would be incorrect to make such representations to OWNER. He may also refuse to
recommend any such payment, or, because of subsequently discovered evidence, or the results of
subsequent inspections or tests, nullify any such payment previously recommended to such extent
as may be necessary in ARCHITECT'S opinion to protect OWNER from loss because:
14.7.1 the work is defective, or completed Work has been damaged requiring correction or
replacement,
14.7.2 written claims have been made against OWNER, or liens have been filed in connection
with the Work,
14.7.3 the Contract Price has been reduced because of Modifications,
14.7.4 OWNER has been required to correct defective Work, or complete the Work in
accordance with paragraph 13.14,
14.7.5 of CONTRACTOR'S unsatisfactory prosecution of the Work in accordance with the
Contract Documents, or
14.7.6 CONTRACTOR'S failure to make payment to Subcontractors, or for labor, materials, or
equipment.
SUBSTANTIAL COMPLETION:
14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR
shall, in writing to OWNER and ARCHITECT, certify that the entire Work is substantially
complete, and 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
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
3l
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 maybe 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 be
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
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
30
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,
bonds, warranties, certificates of inspection, marked -up record documents, three (3) complete
bound 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 be
filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with
the Work, for which OWNER or his property might in any way be responsible, have been paid or
otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor,
manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full,
CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify
OWNER.
FINAL PAYMENT AND ACCEPTANCE:
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
31
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.
1k -\LC •. u _
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
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,
32
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
15.2.9 if CONTRACTOR otherwise violates, in any substantial way, any provisions of the
Contract Documents,
OWNER may, after giving CONTRACTOR and his surety seven days written notice, terminate
the services of CONTRACTOR, exclude CONTRACTOR from the site, and take possession of
the Work and of all CONTRACTOR'S tools, appliances, construction equipment, and machinery
at the site, and use the same to the full extent they could be used by CONTRACTOR (without
liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and
equipment stored at the site, or for which OWNER has paid CONTRACTOR but which are
stored elsewhere, and finish the Work as OWNER may deem expedient. In such case,
CONTRACTOR shall not be entitled to receive any further payment until the Work is finished.
If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the
Work, including compensation for additional professional services, such excess shall be paid to
CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER shall be verified by ARCHITECT and
incorporated in a change order, but in finishing the Work, OWNER shall not be required to obtain
the lowest figure for the Work performed.
15.3 Where CONTRACTOR'S services have been so terminated by OWNER, the termination shall not
affect any rights of OWNER against CONTRACTOR then existing, or which may thereafter
accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4 Upon seven days written notice to CONTRACTOR and ARCHITECT, OWNER may, without
cause and without prejudice to any other right or remedy, terminate the Agreement. In such case,
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
33
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, 13.11,
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 be
as effective as if repeated specifically in the Contract Documents in connection with each
particular duty, obligations, right and remedy to which they apply. All representations,
warranties, and guarantees made in the Contract Documents shall survive final payment and
termination or completion of this Agreement.
34
CNA
taxAlltbe eakax"evwMaw
THE AMERICAN INSTITUTE OF ARCHITECTS
gond Nig. 929618515
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
FCI Constructors, Inc.
3070 1-70 B, Building A
Grand Junction, CO 81504
OWNER (Name and Address):
Eagle County
PO Box 850
SURETY (Name and Principal Place of Business):
Western Surety Company
333 S. Wabash Ave.
Chicago, IL 60604
Eagle, CO 81631
CONSTRUCTION CONTRACT
Date: 144aS;�-/8, 240iJ—
Amount: t$ 299,979.00 ) Two Hundred Ninety Nine Thousand Nine Hundred Seventy Nine Dollars and 00/100
Description (Name and Location): Eagle County Airport Administration Remodel
BOND
Date (Not earlier than Construction Contract Date):'4ugasf
/4' ad /S—
Amount: ($299,979.00 ) Two Hundred Ninety Nine Thousand Nine Hundred Seventy Nine Dollars and 00/100
Modifications to this Bond:
In None Q See Page 3
CONTRACTOR AS PRINCIPAL
SURETY i
Company: (Corporate Seat)
Company: %
rate Seal)
FCI Constructor_4
Inc.
Western Surety Co
Signature:Signature:
Name and Title: F1D/& /n A Neg)
Name and Title: Kristin L. al ar
Attorney -in -F
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER:
OWNER'S REPRESENTATIVE (Ar Ilett, Engineer or
USI Colorado LLC
other party):
6501 S. Fiddlers Green Circle. Suite 100
Greenwood Village, CO 80111
AIA DOCUMENT A312 - KRFORMANa BONA AND PAYMENT BONO - DECEMBER 1981 W. - AIA A
THE AMERICAN INSTITUTE Of ARCHMOTS.173S NEW YORK AVE.. N.W., WASHINGTON, O.C. 20006 A312 -t984 1
G -54595 -AM
I The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shah not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub.
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
With performance and payment bonds executed by a
-qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described In Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
S If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to.the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure.
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc.
tion of defective work and completion of the Construc-
tion Contract,
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or nonperfor.
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con.
struction Contract, and the Balance of the Contrare. Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail -
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1904 EO. • AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 2
C -S4595 -A(2)
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owneror the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
It When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision In this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re.
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: Theagreement between
the Owner and the Contractor identified on the sig.
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con.
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 Eo. • AIA A
THE AMERICAN INSTITUTE OF ARCHITECTS. 173S NEW YORK AVE.. N.W.. WASHINGTON. D.C. 20006
C -54595-A(3)
A312.1984 3
CNA
PbrAtt McCaannk00tolw Italie"
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 929618515
AIA Document A372
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable..
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
FCI Constructors, Inc. Western Surety Company
30701-70 B, Building A 333 S. Wabash Ave.
Grand Junction, CO 81504 Chicago, IL 60604
OWNER (Name and Address):
Eagle County
PO Box 850
Eagle, CO 81631
CONSTRUCTION CONTRACT
Date:,Iu� .s�' /9..24
Amount: (5199,979.00 ) Two Hundred Ninety Nine Thousand Nine Hundred Seventy Nine Dollars and 00/100
Description (Name and Location): Eagle County Airport Administration Remodel
BOND
Date (Not earlier than Construction Contract Date):
Amount: ($ 299,979.00 ) Two Hundred Ninety Nine Thousand Nine Hundred Seventy Nine Dollars and 00/100
Modifications to this Bond: Q None Q See Page 6
J
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: rporate Seal)
FCS Constructor -10. Inc. Western Surety p ny
Signature: �` Signature:
Name andTitle,' 64 —;DnS Al A14 ,felOv> Name and T'i ristin L. kaAz
ar
Attorney -In -Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
USI Colorado LLC other party):
6501 S. Fiddlers Green Circle. Suite 100
Greenwood Village, CO 80111
AM DOCUMENT A312 if PERFOWANCE BOND AND PAYMENT GOND • O(CEM$(R 1441 ED. • AIA d
THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVC.,, N.W.. WASHINGTON. D.0 20006 A312.1914 4
05459S -A(4)
I The Contractor and the Surety, jointly and severalty,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to .pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorporated
herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from all claims, demands, liens or suits by any
person or entity who furnished labor, materials or
equipment for use in the performance of the Construc-
tion Contract, provided the Owner has promptly noti-
fied the Contractor and the Surety tat the address de-
scribed in Paragraph 12) of any claims, demands, liens
or suits and tendered defense of such claims, demands,
liens or wits to the Contractor and the Surety, and
provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment, di-
rectly or indirectly, for all sums due.
4 The Surety shalt have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety fat the address described in Paragraph 12) and
sent atopy, or notice thereof, to the Owner, stating that
a claim is being made under this Bond and, with sub-
stantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the mate-
rials were furnished or supplied or for whom
the labor was done or performed: and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received with-
in 30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly: and
.3 Not havingbeen paidwithin theabove 30days,
have sent a written notice to the Surety tat the
address described in Paragraph 12) and sent a
copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and
enclosing a copy of the previous written notice
furnished to the Contractor.
S It a notice required by Paragraph 4 is given by the Owner
to the Contractor or to the Surety, that is sufficient compli-
ance.
6 When the Claimant has satisfied the conditions of Para-
graph 4, the Surety shall promptly and at the Surety's ex-
pense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 455 days after receipt of the claim, stating
the amounts that are undisputed and the basis for chal-
lenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
y The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited foranypayments made in good faith by the Surety.
8 Amounts owed,.by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims, if
any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond,
they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to
satisfy obligations of the Contractor and the Surety under
this Bond, subject to the Owner's priority to use the funds
for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no obliga-
tions to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, includ.
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
11 No suitor action shall be commenced by a Claimant
under this Bond other than In a court of competent jurisdic-
tion in the location in which the work or part of the work is
located or after the expiration of one year from the date (1)
on which the Claimant gave the notice required by"Sub-
paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last
labor or service was performed by anyone or the hast mate-
rials or equipment were furnished by anyone under the
Construction Contract, whichever of ( 1) or (2) first occurs.
If the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties
as a defense in the jurisdiction of the suit shall be applica-
ble.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page. Actual receipt of notice by Surety, the Owner
or the Contractor, however accomplished, shall be suffi.
cient compliance as of the date received at the address
shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312 - PERFORmANCE BOND AND PAYMENT 90NO - t3ECEMUR 1%4 to. - MA b
THE AMERICAN INSTITUTE OF ARCHITECTS. 1713 NEW YORK AVE.. N.W., Wi1SHINGTON. O.C. 20006
G -54595-A(5)
A312.1984 S
Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering
common law bond. services required for performance of the work of the
14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and
potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be
promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials
to be made. or equipment were furnished.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor orwith a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
"Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision:
"Within a reasonable time (1) after the Claimant has satisfied the conditions of Paragraph 4 and
(2) after the Surety has reviewed all supporting documentation it requested to substantiate the
amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts.
Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of
the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim.
However, in such event the Claimant may bring suit against the Surety as provided under this Bond."
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:.
Address:
Signature:
Name and Title:
Address:
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT 6oNo - DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 9735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6
C -54595-A(6)
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Douglas C Baesler, Kristin L Salazar, Cory Clauss, Mary E Hanks, Individually
of Greenwood Village, CO, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its
behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 29th day of June, 2015.
Et!WESTERN SURETY COMPANY
�'o
4ih`i oil`
aul T. Bruflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 29th day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires �rrrw.w.r..rra`�wM.r.w..r
s S. ETCH ;
February 12, 2021 GOU t t1YLIC M.
SOtiTN DAKOf'A f
S. Eich, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printeed'oo7nn the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this /0--, day of
E WESTERN SURETY COMPANY
lr�f°OgOf�=
L. Nelson, Assistant Secretary
Form F4280-7-2012
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. 1111 bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. Thei signature of any such officer and the corporate seal may be printed by facsimile.