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HomeMy WebLinkAboutC22-129 Distinctive Design Build_MSCCONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT is dated as of the __________, 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 Distinctive Design Build, LLC, a Colorado corporation licensed to work in the State of
Colorado (hereinafter called "Contractor") whose address for purposes hereof is 1048
Independent Ave., Suite A210, Grand Junction, CO. 81505.
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 Maintenance Service Center Building D (the “Project”) located at 3289
Cooley Mesa Road, Gypsum Colorado 81637. 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.
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ARTICLE 2
OWNER'S REPRESENTATIVE
2.1 The Project is under the authority of the Owner, through the Eagle County Project
Management Department, Kristin Degenhardt, or her designee, shall be Owner's liaison
with Contractor with respect to the performance of the Work. The Eagle County
Construction Manager, Kristin Degenhardt, or her designee, shall be authorized to sign
change orders increasing the scope of work and associated compensation within the
budget constraints set for the Project. Change orders in excess of the budgeted amount
must be signed and approved by the Board of County Commissioners.
2.2 Contractor’s representative is Gabriel Conner.
3.3 Neither Owner’s nor Contractor’s representative shall be changed with less than ten (10)
days prior written notice to the other party.
ARTICLE 3
CONTRACT TIME
3.1 The Work will be Substantially Complete on or before August 18, 2022. Completion
such that the Project is ready for final payment in accordance with the Contract
Documents shall occur on or before September 1, 2022 (“Contract Time”).
3.2 Contractor shall employ all such additional labor, services and supervision, including
such extra shifts and over time, as may be necessary to maintain and to achieve final
payment in accordance with the Contract Documents on or before September 1, 2022 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 Substantially 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.
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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 One Million
one hundred sixty thousand six hundred twenty six Dollars ($1,160,626.00) “Contract
Price” or “Guaranteed Maximum Price” or “GMP”). Any project savings, below the
Guaranteed Maximum Price, resulting from bidding of subcontractors and other costs of
the work shall accrue to the County.
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 C.R.S. § 24-91-103.6, 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
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PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with the General Conditions.
Applications for Payment will be processed as provided in the General Conditions.
5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account
of the Contract Price and as provided in the Contract Documents. All progress payments
will be on the basis of the progress of the Work. Owner shall have the right to request
and inspect supporting documentation for progress payments, including but not limited
to receipts and invoices evidencing payments of charges associated with the Work.
5.2 The period covered by each Application for Payment shall be one calendar month
beginning on the first of each month and ending on the last day of the month.
5.3 Each Application for Payment shall be based upon the unit prices, percentage of
completion, and Contract Price and otherwise in accordance with the Contract
Documents. Each Application for Payment shall show actual quantities incorporated
into the Project for each portion of the Work as of the end of the period covered by such
Application for Payment.
5.4 Prior to Completion, Owner shall authorize partial payments at the end of each calendar
month or as soon thereafter as practicable if Contractor is satisfactorily performing the
Agreement. Progress payments will be in an amount equal to:
95% of the Work completed. The withheld percentage of the Contract Price shall
be retained until the Agreement is completed satisfactorily and finally accepted.
5.5 Progress payments and retained funds shall occur in compliance with the General
Conditions attached hereto and C.R.S. § 24-91-103.
5.6 In taking action on Contractor’s Applications for Payment, Owner shall be entitled to
rely on the accuracy and completeness of the information furnished by Contractor and
shall not be deemed to represent that (i) Owner has made a detailed examination, audit
or arithmetic verification of the documentation submitted by Contractor; (ii) Owner has
made exhaustive or continuous on-site inspections of the Work; or (iii) Owner has made
examination to ascertain how or for what purposes Contractor has used amounts
previously paid on the Contract Price.
5.7 FINAL PAYMENT: Upon final completion and acceptance in accordance with the
General Conditions, Owner shall pay the remainder of the Contract Price. The final
payment 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
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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 Contractor acknowledges and agrees that payment shall be made in accordance with
C.R.S. §§ 24-91-103 and 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.
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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 including the Contractor’s certificate of insurance.
7.2 Contractor's Proposal Form attached as Exhibit A.
7.3 Proposal Package including Request for GMP Proposals, Instructions to Proposers, if
any is attached as Exhibit B.
7.4 Construction Plan Set, Specifications, and Basic Requirements for the Project, 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 Addendum(s), _Eagle County MSC-D Clarification Addendum #1, Eagle County MSC-
D M2.0 addendum #1____________________________.
7.9 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.
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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 party hereto of any rights under, or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically, but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless
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specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
10.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal
representatives to the other party hereto, in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
10.3 Intentionally Omitted.
10.4 Notwithstanding any other provision to the contrary, nothing herein shall constitute a
waiver, express or implied, of any of the immunities, rights, benefits, protection, or
other provisions of the Colorado Governmental Immunity Act, if applicable.
10.5 This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction
and venue of any suit, right, or cause of action arising under, or in connection with this
Agreement shall be exclusive in District Court for Eagle County, Colorado.
10.6 This Agreement supersedes all previous communications, negotiations and/or contracts
between the respective parties hereto, either verbal or written, and the same not
expressly contained herein are hereby withdrawn and annulled. This is an integrated
agreement and there are no representations about any of the subject matter hereof
except as expressly set forth in the Contract Documents.
10.7 Any notice and all written communications required under this Agreement shall be
deemed properly delivered when (i) personally delivered, (ii) mailed in the United
States mails, first class postage prepaid, (iii) delivered by FedEx or other comparable
courier service, charges prepaid, to the parties at their respective addresses listed below,
(iv) when sent via facsimile so long as the sending party can provide facsimile machine
or other confirmation showing the date, time and receiving facsimile number for the
transmission, or (v) when transmitted via e-mail with confirmation of receipt.
Owner: Eagle County
c/o Eagle County Project Management Department
Attn: Kristin Degenhardt
3289 Cooley Mesa Rd.
Gypsum, CO 81637
kristin.degenhardt@eaglecounty.us
(970) 471-2320 phone
Contractor:
Distinctive Design Build, LLC
Gabe Conner
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1048 Independent Ave., Suite A210
Grand Junction, CO 81505
gabe.conner@ddbuild.org
(970)462-2645
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. Contractor has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through
participation in the 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:
https://www.uscis.gov/e-verify
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:
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(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 Contractor 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.
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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, Kristin Degenhardt, 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 on___________________.
“Owner”:
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: ______________________________
Jeanne McQueeney, Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
"Contractor":
By:__________________________
Its: __________________________
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Gabe Conner Owner
3/29/2022
EXHIBIT A
Contractor’s Proposal Form
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EXHIBIT B
Proposal Package including request for GMP Proposals,
Instructions to Proposers, If any.
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REQUEST FOR GMP PROPOSAL
FOR
EAGLE COUNTY MAINTENANCE SERVICE CENTER BUILDING D
SLAB ALTERATION
PROPOSAL ISSUE
February 1, 2022
GMP TO BE RECEIVED BY
March 1, 2022
GMP TO BE SENT TO:
PROJECT MANAGEMENT DEPARTMENT
KRISTIN DEGENHARDT, CONSTRUCTION MANAGER
P.O. BOX 850, EAGLE, COLORADO 81631
3289 COOLEY MESA ROAD, GYPSUM, CO 81637
kristin.degenhardt@eaglecounty.us
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TABLE OF CONTENTS
List of Drawings.................................................
Invitation for Proposals.....................................
Instructions to Proposers..................................
Proposal Form...................................................
Proposal Submittal Checklist.............................
Supplemental Unit Pricing.................................
Proposed Subcontractor Form............................
Proposer Qualifications......................................
Sample Agreement..............................................
General Conditions..............................................
Specifications......................................................
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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 Date
A-101 EXISTING FLOOR PLAN 8/26/21
C-1 COVER SHEET AND NOTES 8/25/21
C-2 SEWER SERVICE PLAN AND DETAILS 8/25/21
C-3 SEWER PLAN 8/25/21
A-102 PROPOSED FLOOR PLAN 8/26/21
S1.1 GENERAL NOTES LEGEND AND SHEET INDEX 8/25/21
S1.2 NEW SLAB-ON-GRADE PLAN 8/25/21
MP1.0 MECHANICAL & PLUMBING SPECS, LEGEND 8/25/21
M2.0 MECHANICAL PLAN, SCHEDULE, DETAILS 8/25/21
P2.0 PLUMBING PLAN, SCHEDULE 8/25/21
[End of Section]
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INVITATION FOR GMP PROPOSALS
Guaranteed Maximum Price (“GMP”) Proposal Issue: February 1, 2022
Project: EAGLE COUNTY MAINTENANCE SERVICE CENTER BLD D SLAB ALTERATION
Project Location: 3289 Cooley Mesa Road, Gypsum Colorado 81637
Eagle County is soliciting GMP Proposals for construction services for the slab alterations in
Building D known as the Eagle County Maintenance Service Center (the “Project”)located at
3289 Cooley Mesa Road,Gypsum Colorado 81637.Construction services to be provided include,
but are not limited to,remove and replace large portion of existing concrete floor slab to
improve drainage flow and add trench drains,install rigid insulation under slab and install
hydronic radiant tubing in the slab for possible future in floor heat as per the Construction
Drawings.
GMP Proposals for the Project must be sent to Kristin Degenhardt,Construction Manager,via
U.S.mail addressed to the Eagle County Project Management Department,ATTN:Kristin
Degenhardt,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:Kristin Degenhardt,3289 Cooley Mesa Road,Gypsum
Colorado,81637;or by email to:kristin.degenhardt@eaglecounty.us.GMP Proposals shall be
submitted in a sealed envelope clearly marked “Proposal for Eagle County Maintenance Service
Center Building D”on the outside of the envelope/package.The outside of the envelope must
also contain the name and address of the Proposer.If submitted by email,the subject line shall
contain “Proposal for Eagle County Maintenance Service Center Building D"GMP Proposals must
be received on or before 3:00 p.m.,MDT on March 1,2022 in order to be considered.All
documents submitted with the GMP Proposal shall be clearly marked with the Proposer ’s name.
No GMP Proposals will be considered which are received after the date and time set forth
above and any Proposals received after such date and time shall be returned to the Proposer
and will not be considered under any circumstances.Sole responsibility rests with the Proposer
to ensure that their Proposal is received on time at the stated location.
The Owner of the Project,EAGLE COUNTY (hereinafter referred to as the “Owner ”)presently
anticipates reviewing the GMP Proposals from March 2,2022 to March 9,2022 and issuing a
Notice of Award to the Successful Proposer by approximately March 14, 2022.
The Successful Proposer will be required to enter into an agreement with the Owner and to
furnish certification of specific insurance requirements and performance bonds required for
contracts with Owner prior to the commencement of any services.
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
All Proposers are required to attend a mandatory pre-proposal meeting and Site visit on
February 16,2022 at 11:00 a.m.,local time at the Eagle County Maintenance Service Center
Building D.Failure to attend results in disqualification of a Proposer ’s Proposal,at Eagle
County’s sole discretion. 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 Construction Manager,
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:
Kristin Degenhardt, Construction Manager
Email: kristin.degenhardt@eaglecounty.us
[End of Section]
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
INSTRUCTIONS TO PROPOSERS
•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 enters into and 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.
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“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
Proposing 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 Proposal 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.
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
“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.
•Contract Documents
•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.
•The Construction 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 Architects.
•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.
•The Owner,in making Contract Documents available,does so only for the purpose of obtaining
Proposals on the Work and does not confer a license or grant for any other use.
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•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.
•Examination of Contract Documents and Site
•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.
•A mandatory pre-Proposal meeting for all Proposers will take place on February 16,2022 at
11:00 a.m.,local time at the Eagle County Maintenance Service Center Building D,3289
Cooley Mesa Road,Gypsum,Colorado.Site visits must be scheduled by contacting Kristin
Degenhardt 970-328-3457 to review the area of Work.
•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.
•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 in writing by Owner.
•Interpretations
All questions about the meaning or intent of the Contract Documents shall be submitted to the
Owner ’s Representative in writing.Replies shall be issued by Addenda.The last day for
interpretation of the Contract Documents is February 22,2022.Questions received after 5:00
pm on this date shall not be answered.All Addenda shall be issued by the Owner ’s
Representative no later than 5:00 pm on February 24,2022.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.
•Proposal Security
INTENTIONALLY OMITTED
•Substitute Material and Equipment
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•The Project Agreement,if awarded,will be on the basis of material and equipment described
in the Construction Drawings as specified in the Technical Specifications without
consideration of possible substitute or “or-equal”items.Whenever it is indicated in the
Construction Drawings,or specified in the Technical 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.
•Proposal Form
•Proposer shall submit one hard copy of completed Proposal Form.
•The Proposer shall submit a completed Proposal Form.Amounts shall by typed and not
handwritten.
•Proposal Forms shall be clearly printed,so as to be legible.Proposals may be disqualified if
they are illegible, as determined by the Owner or Owner ’s Representative.
•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.
•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.
•All names must be typed or printed by the signature.
•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.
•Alterations of the Proposal Form will not be accepted.
•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 Maintenance Service Center Building D"or via email with the title "Proposal
for Eagle County Maintenance Service Center Building D”in the subject line of the email.If
submitting hard copies of the Proposal,the outside of the envelope must contain the name and
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
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.
•Modification and Withdrawal of Proposals
•Proposals may be modified or withdrawn at any time prior to the deadline to submit the
Proposal by submission of an appropriate document executed in the manner that a Proposal
must be executed,and delivered to Kristin Degenhardt 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 Proposing on the Work.
•Review of Proposals
•The Proposals will be opened publicly.When opened,the Proposals will be read aloud,and an
abstract of the amounts of the base Proposals and major alternates (if any)will be made
available after the opening of Proposals.
•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.
•Award of Contract
•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 opening.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.
•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.
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•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.
•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.
•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.
•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.
•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.
•By submitting a Proposal,the Proposer 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.
•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 opening or such
other time as may be set forth in the Proposal Package.
•Performance or Other Bonds
•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
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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.
•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.
•Signing of Agreement
The Owner will issue a Notice of Award to the Successful Proposer.The Successful Proposer
will then receive an email which will include the Project Agreement to be executed
electronically.The Successful Proposer shall sign the Project Agreement within thirty (30)
days of receipt of the email.
•Mandatory Pre-Proposal Meeting & Site Visit
All Proposers are required to attend a mandatory pre-Proposal meeting &Site visit on February
16,2022 at 11:00 a.m.,local time at the Eagle County Maintenance Service Center Building D.
Failure to attend will result in disqualification of a Proposer ’s Proposal.Potential subcontractors
are encouraged to attend.
•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 the key
personnel on the Project.The schedule shall assume a start date of May 16,2022,Substantial
Completion by August 18,2022 and Final Completion by September 1,2012.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.
•Liquidated Damages
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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.
•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 Invitation 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 Invitation for GMP
Proposals.
[END OF SECTION]
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
PROPOSAL FORM
THIS GMP PROPOSAL IS SUBMITTED TO:
PROJECT MANAGEMENT DEPARTMENT
KRISTIN DEGENHARDT, CONSTRUCTION MANAGER
P.O. BOX 850
EAGLE, COLORADO 81631
March 1, 2022
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(s)as payment in
full.
The undersigned further proposes that should the Proposal be accepted,the Proposer will
commence Work no earlier than May 16,2022 and complete the Project on or before
September 1, 2022.
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 proposing,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):
.
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
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:
•the right is reserved by Owner to reject,in its sole discretion,any or all
Proposals, and to waive irregularities in proposing;
•the discretion of Owner in the selection of the most qualified,responsible
Proposer shall be final, not subject to review or attack; and
•this Proposal is made with full knowledge of the foregoing and in full
agreement therewith.
Respectfully submitted,
Contractor
(Proposer)
(SEAL)
By (Signature)
(Title)
(corporation/incorporated/partnership)(under the law of the State of Colorado composed
of officer, partners or Owner, as follows:
President
Vice President
Secretary
Name of
Contractor
Treasurer
Address
City State Zip Code
Telephone Number
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
•The undersigned Proposer proposes and agrees,if this Proposal is accepted,to enter into a
Project Agreement with the Owner to complete all Work as specified or indicated in the
aforementioned Project Agreement for the Contract Price and within the contract time stated
in this Proposal and in accordance with the General Conditions.
•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:
•Proposer has received and examined copies of all the Contract Documents
and of the following addenda:
dAddenda Date Addenda Number Initial
_____________________________________________
____________________________________________________
•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.
•Proposer will complete the Work for all Proposal items listed in the Proposal Form.
•Proposer agrees that the Work will be Substantially Complete on or before August 18,2022 and
Final Completion on or before September 1,2012 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.
•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.
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•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.
•Communications concerning this GMP Proposal shall be addressed to:
Kristin Degenhardt
Construction Manager
Email:kristin.degenhardt@eaglecounty.us
Phone: 970-328-3457
•Terms used in this Proposal which are defined elsewhere in the Contract Documents have
the same meanings.
•Proposers shall pay special attention to the following items:
•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.
•Payment for overtime required to complete the Work in the Contract Time will not be
authorized unless unforeseen circumstances occur.
•The unit pricing (Supplement Unit Pricing)is supplied with the Proposal Form.These
numbers will also be used as a basis for additions and subtractions from the scope of
Work.
•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.
Proposal will be rejected if Proposal Form is modified or altered in any way.
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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 the slab alteration in Building D known as the Eagle County
Maintenance Service Center.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
thirty (30)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.
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PREPARED BY
Signed:
Name
Printed:
Title:
Company:
[End of Section]
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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.
•Completed Proposal Form
•Proposer ’s Qualifications
•Acknowledgement of Addendums
•Proposed subcontractor list
•Proposed Project schedule
•Supplemental Unit Pricing form
[End of Section]
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SUPPLEMENTAL UNIT PRICING
Supplemental Unit Prices:
==============================================================================
Item Description Unit Unit Price
==============================================================================
CM/GC –OVERHEAD AND PROFIT FEE PERCENTAGE ________ %
[END OF SECTION]
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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:
Subcontractor Scope of Work
Years in
Business
Percentage
of Work
Contact Person and
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
Proposers:
(Name of Company)
By:
(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]
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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
•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.
•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.
•Summarize the experience of the individuals in your organization who would be assigned to
this Project.
NAME POSITION APPROX. TIME/WEEK
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
•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?
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
•What is your Worker ’s Compensation Experience Modifier Rate?
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
[End of Section]
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INSERT SAMPLE AGREEMENT
[End of Section]
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INSERT GENERAL CONDITIONS
[End of Section]
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INSERT SPECIFICATIONS
[End of Section]
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EXHIBIT C
Construction Plan Set, Specifications, and Basic Requirements for the Project,
including any addendums.
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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. Cash Allowances.
2. Testing and inspection allowances.
3. Schedule of values.
4. Applications for payment.
5. Change procedures.
6. Alternates.
C. Administrative Requirements:
1. 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.
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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 removal and replacement of the building concrete slab
for the purpose to install in-floor hydronic radiant heating, and improve drainage via new
trench drains.
B. Perform Work of Contract under a Guaranteed Maximum Price contract with Owner in
accordance with Conditions of Owner-Contractor Construction Agreement. In the event
of any discrepancies/conflicts between the specifications and the Construction
Agreement, the Construction Agreement shall govern.
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1.3 WORK BY OWNER
A. Owner will remove stored items from affected areas.
1.4 CONTRACTOR’S USE OF PREMISES
A. Owner will vacate the portions of the building subject to work and give possession to the
contractor to execute the work. The wash bay will need to remain accessible to the Owner
for use throughout the construction phase of the project.
1.5 WORK RESTRICTIONS
A. On-Site Work Hours: work hours shall observe the Town of Gypsum permitted
construction hours from 7:00 AM to 7:00 PM Monday through Saturday and 9:00 AM to
5:00 PM on Sunday (confirm with Town of Gypsum).
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 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 (Eagle County is exempt from sales tax on items to be permanent
fixtures of the building), 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. No cash allowances scheduled.
1.8 TESTING AND INSPECTION ALLOWANCES
A. Testing and Inspection Allowances: Not required.
1.9 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.
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1.10 APPLICATIONS FOR PAYMENT
A. Submit digital (PDF format) copies of each application on AIA Form G702 and G703, or
equivalent.
B. Content and Format: Utilize Schedule of Values for listing items in Application for
Payment.
C. Payment Period: Monthly.
1.11 CHANGE PROCEDURES
A. Per requirements of Owner-Contractor Construction Agreement.
B. Change Order Forms: AIA G701.
1.12 ALTERNATES
A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at Owner's
option.
B. Coordinate related Work and modify surrounding Work as required.
C. Schedule of Alternates:
1. Alternate No. 1: No alternates scheduled.
1.13 COORDINATION
A. Coordinate scheduling, submittals, and Work of various sections of specifications to
ensure efficient and orderly sequence of installation of interdependent construction
elements.
B. Verify utility requirement characteristics of operating equipment are compatible with
building utilities.
C. Coordinate space requirements and installation of mechanical and electrical work
indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and
conduit, as closely as practicable.
D. In finished areas, conceal pipes, ducts, and wiring within construction.
1.14 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.
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1.15 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.
1.16 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.
1.17 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.
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.
1.18 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.
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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.
1.19 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.
1.20 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 product data in Digital (PDF) format.
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.
1.21 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 shop drawings in digital (PDF) format.
1.22 SAMPLES
A. Samples for Review:
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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.
1.23 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.
1.24 MANUFACTURER’S CERTIFICATES
A. When specified in individual specification sections, submit certifications by manufacturer
to Architect/Engineer, in quantities specified for Product Data.
B. Indicate material or Product conforms to or exceeds specified requirements. Submit
supporting reference data, affidavits, and certifications as appropriate.
1.25 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.
1.26 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.
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B. Comply fully with manufacturer’s tolerances.
1.27 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.
1.28 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.
1.29 MANUFACTURER’S FIELD SERVICES AND REPORTS
A. When specified in individual specification sections, require material or Product suppliers
or manufacturers to furnish qualified staff personnel to observe site conditions and to
initiate instructions when necessary.
B. Report observations and site decisions or instructions that are supplemental or contrary to
manufacturer’s written instructions.
1.30 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.
1.31 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.
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1.32 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.
1.33 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 (as needed) at end of construction.
1.34 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.
1.35 TEMPORARY VENTILATION
A. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent
accumulation of dust, fumes, vapors, or gases.
1.36 TELEPHONE SERVICE
A. Provide, maintain and pay for telephone service to site at time of project mobilization.
Mobile telephones are acceptable.
1.37 TEMPORARY WATER SERVICE
A. Coordinate with Owner for use of suitable quality water service required for construction
operations.
1.38 TEMPORARY SANITARY FACILITIES
A. Provide and maintain required sanitary facilities. Existing bathroom facilities may not be
used by contractor and shall remain accessible for use by Owner.
B. Maintain in clean and sanitary condition.
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1.39 FIELD OFFICES AND SHEDS
A. Not required, space within existing building may be utilized for field office desk.
1.40 PARKING
A. Owner will provide a limited number of temporary parking spaces to accommodate
construction personnel and staging.
1.41 PROGRESS CLEANING AND WASTE REMOVAL
A. Collect and maintain areas free of waste materials, debris, and rubbish. Maintain site in
clean and orderly condition.
1.42 PROJECT IDENTIFICATION
A. Provide as may be required by Building Department.
1.43 BARRIERS AND FENCING
A. Provide barriers/partitions to prevent unauthorized entry to construction areas and to
protect existing facilities and adjacent spaces from damage. May be necessary for staging
area.
B. Construction: Contractor's option.
1.44 ENCLOSURES
A. Erect and maintain temporary partitions to prevent spread of dust and fumes.
B. Erect and maintain temporary barriers and security devices.
1.45 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual
specification sections.
1.46 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.
1.47 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.
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1.48 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.
1.49 DELIVERY, HANDLING, STORAGE, AND PROTECTION
A. Deliver, handle, store, and protect Products in accordance with manufacturer's
instructions.
1.50 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.
1.51 SUBSTITUTIONS
A. Substitutions for Cause: Submit requests for substitution immediately on discovery of
need for change, but not later than 15 days prior to time required for preparation and
review of related submittals.
1. Conditions: Architect will consider Contractor's request for substitution when the
following conditions are satisfied:
a. Requested substitution is consistent with the Contract Documents and
will produce indicated results.
b. Requested substitution provides sustainable design characteristics that
specified product provided.
c. Requested substitution will not adversely affect Contractor's construction
schedule.
d. Requested substitution has received necessary approvals of authorities
having jurisdiction.
e. Requested substitution is compatible with other portions of the Work.
f. Requested substitution has been coordinated with other portions of the
Work.
g. Requested substitution provides specified warranty.
h. If requested substitution involves more than one contractor, requested
substitution has been coordinated with other portions of the Work, is
uniform and consistent, is compatible with other products, and is
acceptable to all contractors involved.
B. Substitutions for Convenience: Architect will consider requests for substitution if
received within 15 days after the Notice of Award.
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1. Conditions: Architect will consider Contractor's request for substitution when the
following conditions are satisfied:
a. Requested substitution offers Owner a substantial advantage in cost,
time, energy conservation, or other considerations, after deducting
additional responsibilities Owner must assume. Owner's additional
responsibilities may include compensation to Architect for redesign and
evaluation services, increased cost of other construction by Owner, and
similar considerations.
b. Requested substitution does not require extensive revisions to the
Contract Documents.
c. Requested substitution is consistent with the Contract Documents and
will produce indicated results.
d. Requested substitution provides sustainable design characteristics that
specified product provided.
e. Requested substitution will not adversely affect Contractor's construction
schedule.
f. Requested substitution has received necessary approvals of authorities
having jurisdiction.
g. Requested substitution is compatible with other portions of the Work.
h. Requested substitution has been coordinated with other portions of the
Work.
i. Requested substitution provides specified warranty.
j. If requested substitution involves more than one contractor, requested
substitution has been coordinated with other portions of the Work, is
uniform and consistent, is compatible with other products, and is
acceptable to all contractors involved
1.52 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.
1.53 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.
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1.54 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.
1.55 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.
1.56 TESTING, ADJUSTING, AND BALANCING
A. Adjust operating products and equipment to ensure smooth and unhindered operation.
1.57 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.
1.58 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.
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E. Submit documents to Architect/Engineer with claim for final Application for Payment.
1.59 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.
1.60 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide Products, spare parts, maintenance and extra materials in quantities specified in
individual specification sections.
B. Deliver to Project site and place in location as directed by Owner; obtain receipt prior to
final payment.
1.61 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
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
DABC
A B C D
11
22
33
44
55
66
77
138'-0"
1'-10"
1'-8"131'-0"1'-8"
1'-10"150'-0"44'-8"45'-0"44'-8"30'-2"25'-4"25'-4"25'-4"26'-4"13'-10"1'-10"1'-10"101'-4"5'-4"SCALE: 1/8" = 1'-0"
EXISTING FLOOR PLAN1
REMOVE EXISTING SLAB IN GRAY
TONE AREAS SHOWN ON
PROPOSED FLOOR PLAN, SHEET A-102
EXISTING FLOOR DRAIN
TO BE ABANDONED,
TYPICAL OF 4
EXISTING CONTROL
JOINTS, TYPICAL BUS STORAGE
WASH BAY
WASH EQUIPMENT ROOMMONEY ROOMHALLSUPPLY STORAGELUBE/COMP. ROOM
A-101
C-1
C-2
C-3
A-102
S1.1
S1.2
MP1.0
M2.0
P2.0
INDEX TO DRAWINGS
COVER SHEET, EXISTING FLOOR PLAN
COVER SHEET AND NOTES
SEWER SERVICE PLAN AND DETAILS
SEWER PLAN
PROPOSED FLOOR PLAN
GENERAL NOTES, LEGEND ADN
SHEET INDEX
NEW SLAB-ON-GRADE PLAN
MECHANICAL & PLUMBING SPECS,
LEGEND
MECHANICAL PLAN, SCHEDULE,
DETAILS
PLUMBING PLAN, SCHEDULE
PROJECT TEAM
ARCHITECT:
MENENDEZ ARCHITECTS, P.C.
715 W.MAIN ST., SUITE 104
ASPEN, CO 81611
Tel. 970 544-4851 Fax 970 544-1915
E-MAIL: LAM@MENENDEZARCHITECTS.COM
CONTACT: LUIS MENENDEZ
OWNER:
EAGLE COUNTY GOVERNMENT
C/O FACILITIES DEPARTMENT
P.O. BOX 850
EAGLE, CO 81631-0850
Tel. 970 328-8881
E-MAIL: RON.SIEBERT@EAGLECOUNTY.US
CONTACT: MR. RON SIEBERT
MECHANICAL/ELECTRICAL ENGINEER:
ARCHITECTURAL ENGINEERING CONSULTANTS
40801 US HIGHWAY 6 & 24, SUITE 214
AVON, CO 81620
P.O. BOX 8489
AVON, CO 81620
Tel. 970 748-8520
E-MAIL: TAYLOR@AEC-VAIL.COM
CONTACT: TAYLOR CRITCHLOW
GENERAL NOTES
ALL WORK SHALL BE EXECUTED IN CONFORMANCE WITH THE 2015
INTERNATIONAL BUILDING CODE AND WITH ALL OTHER RULES,
REGULATIONS AND ORDINANCES GOVERNING THE PLACE OF
BUILDING. CONTRACTOR SHALL BRING TO THE ATTENTION OF THE
ARCHITECT ANY CONFLICTS BETWEEN THE REQUIREMENTS OF THE
BUILDING CODE AND THE DRAWINGS.
ALL WORK SHALL BE PERFORMED TO THE HIGHEST STANDARDS OF
CRAFTSMANSHIP BY JOURNEYMEN OF THE APPROPRIATE TRADES.
ALL DIMENSIONS NOTED TAKE PRECEDENCE OVER SCALE.
DIMENSIONS NOTED WITH "N.T.S." DENOTE NOT TO SCALE.
CONTRACTOR IS HEREBY NOTIFIED ASSUMPTIONS HAVE BEEN
MADE ABOUT THE CONSTRUCTION METHODS, SYSTEMS AND
MATERIALS ORIGINALLY USED IN THE BUIILDING. THE CONTRACTOR,
IN THE COURSE OF PERFORMING INVASIVE TESTING DURING
CONSTRUCTION, SHALL VERIFY THE ACCURACY OF THE
ASSUMPTIONS AND NOTIFY THE ARCHITECT OF ANY
DISCREPANCIES.
CONTRACTOR SHALL VERIFY THE DIMENSIONS AND CONDITIONS OF
ALL AFFECTED AEAS OF EXISTING STRUCTURE/SITE AND SHALL
REPORT TO THE ARCHITECT, IN WRITING, ANY DISCREPANCIES
BETWEEN ACTUAL EXISTING CONDITIONS AND THE DRAWINGS.
CONTRACTOR SHALL TAKE REASONABLE MEASURES TO LOCATE
AND MARK ALL UTILITIES IN AREAS OF WORK PRIOR TO
COMMENCING DEMOLITION WORK.
ARCHITECT IS NOT RESPONSIBLE IN ANY WAY FOR THE MEANS,
METHODS, SEQUENCE, PROCEDURES, TECHNIQUES OR SCHEDULING
OF CONSTRUCTION OR FOR JOB SAFETY. THESE DUTIES ARE THE
RESPONSIBILITY OF THE CONTRACTOR.
ALL BUILDING COMPONENTS SHALL BE INSTALLED PER
MANUFACTURER'S RECOMMENDATIONS.
CONTRACTOR SHALL iNSTRUCT EACH OF THE SUBCONTRACTORS
TO BECOME THOROUGHLY FAMILIAR WITH ALL OF THE DRAWINGS.
WHEREVER EXISTING CONDITIONS MAY HAVE A BEARING ON THE
EXPEDITIOUS PERFORMANCE, AND COST, OF THE WORK, THE
SUBCONTRACTOR SHALL VISIT THE JOB SITE AND PERSONALLY
INSPECT AND VERIFY THE SITE FOR COMPARISON WITH THE
DRAWINGS.
1.
2.
3.
4.
5.
6.
7.
8.
9.
VICINITY MAP
PROJECT DESCRIPTION
TENANT IMPROVEMENT WORK:
REMOVE AND REPLACE LARGE PORTION OF EXISTING CONCRETE FLOOR
SLAB TO IMPROVE DRAINAGE FLOW AND ADD TRENCH DRAINS. INSTALL
RIGID INSULATION UNDER SLAB AND INSTALL HYDRONIC RADIANT TUBING
IN THE SLAB FOR POSSIBLE FUTURE IN-FLOOR HEAT.
G C
B
E
A
KEY PLAN
F D
SITE
CIVIL ENGINEER:
MARCIN ENGINEERING
P.O. BOX 1062
ASPEN, CO 81620
Tel. 970 748-0274
E-MAIL: TOM@MARCINENGINEERING.COM
CONTACT: TOM MARCIN
715 W. Main Street, Suite 104 Aspen, Colorado 81611
voice: 970.544.4851 email: LAM@MenendezArchitects.com
Sheet number:
Sheet title:
Project:
Print Date:Drawn By:
LM8/26/21
© 2021 Menendez Architects P.C.
Issue:Date:
08/25/21
Revision:Date:#:
Building Dept.:
PERMIT/PRICING
EAGLE MSC - BUILDING D
SLAB ALTERATION
EXISTING FLOOR PLAN
A-101
EXISTING STEEL COLUMN
TO REMAIN, TYPICAL
EXISTING SECTIONAL DOOR TO
REMAIN, TYPICAL
EXISTING SWING DOOR TO
REMAIN, TYPICAL
TOILET
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
MARCIN ENGINEERING LLCVICINITY MAPCONSULTANT CONTACTSA.Menendez Architects pc, Luis Menendez A.I.A. (970) 544-4851B.Marcin Engineering LLC, Tom Marcin PE, PLS (Civil Engineer, Survey), (970) 748-0274C.Water and Sewer, (Town of Gypsum), Public Works (970) 524-5024D.Holy Cross Energy, (Electric), (970) 949-5892E.Black Hills Energy, (Gas), (888) 890-5554F.Utility Notification Center of Colorado, (UNCC) 811SITEAPPROXIMATE SCALE: 1"=500' GENERAL NOTESTABLE OF CONTENTSC1COVER SHEET AND NOTESC2OVERALL ALL SEWER SERVICE PLAN AND DETAILSC3SEWER SERVICE PLANHWY 6DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
59085907
590786.10' of 4" PVC @ -2.00%320.76' of 8" ??? @ -0.96%0+000+86STRUCTURE: 48" ManholeSTA: 0+00.00RIM: 5908.89INV IN:5896.44 8" PVCSTRUCTURE: 48" ManholeSTA: 3+20.76RIM: 5907.48INV OUT:5893.36 8" PVC59075907MARCIN ENGINEERING LLCGRAPHIC SCALE(IN FEET)1 inch = 10 ft.DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
59085907
590786.10' of 4" PVC @ -2.00%320.76' of 8" ??? @ -0.96%0+000+86STRUCTURE: 48" ManholeSTA: 3+20.76RIM: 5907.48INV OUT:5893.36 8" PVC59075907MARCIN ENGINEERING LLCGRAPHIC SCALE(IN FEET)1 inch = 10 ft.DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
DABC
A B C D
11
22
33
44
55
66
77
138'-0"
1'-10"
1'-3" (VERIFY)± 131'-10"1'-3" (VERIFY)
1'-10"150'-0"44'-8"45'-0"44'-8"30'-2"25'-4"25'-4"25'-4"26'-4"13'-10"1'-10"1'-10"4'-10"101'-4"5'-4"SCALE: 1/8" = 1'-0"
FLOOR PLAN1
T.O. CONC.
100'-0"T.O. CONC.T.O. GRATE99'-9"100'-0SLOPE ±2%SLOPE ±2%SLOPE ±2%
SLOPE ±2%
GRAY TONE DEPICTS NEW 7" THICK REINFORCED
CONCRETE SLAB WITH HYDRONIC SNOWMELT
TUBING, TYPICAL. SAW CUT AND REMOVE EXISTING
SLAB IN AREA OF NEW SLAB. REFER TO STRUCTURAL
AND MECHANICAL DRAWINGS. INSTALL NEW SLAB
OVER R-10 RIGID INSULATION. SEE STRUCTURAL DRAWINGS
FOR INSULATION SPECIFICATION
EXISTING SLAB TO REMAIN,
TYPICAL OF NON-GRAY TONE
AREAS
EXISTING FLOOR DRAIN
TO BE ABANDONED,
TYPICAL OF 4
T.O. GRATE99'-9"SLOPE ±2%SLOPE ±2%SLOPE ±2%SLOPE ±2%T.O. GRATE99'-9"SLOPE ±2%SLOPE ±2%SLOPE ±2%SLOPE ±2%T.O. GRATE99'-9"SLOPE ±2%SLOPE ±2%SLOPE ±2%
T.O. CONC.
100'-0"T.O. CONC.100'-0INSTALL NEW ISOLATION JOINT WHERE
NEW SLAB MEETS EXISTING, TYPICAL,
REFER TO STRUCTURAL DRAWINGS
DOWEL (DRILL AND EPOXY) NEW SLAB
TO EXISTING SLAB ALONG ALL EDGES,
SEE STRUCTURAL DRAWINGS
EXISTING SLAB TO REMAIN,
TYPICAL OF NON-GRAY TONE
AREAS
NEW TRENCH DRAIN, TYPICAL OF 4, SEE
PLUMBING PLANS FOR SPECIFICATION
BUS STORAGE
WASH BAY
WASH EQUIPMENT ROOMMONEY ROOMHALLSUPPLY STORAGELUBE/COMP. ROOM
715 W. Main Street, Suite 104 Aspen, Colorado 81611
voice: 970.544.4851 email: LAM@MenendezArchitects.com
Sheet number:
Sheet title:
Project:
Print Date:Drawn By:
LM8/26/21
© 2021 Menendez Architects P.C.
Issue:Date:
08/25/21
Revision:Date:#:
Building Dept.:
PERMIT SET
EAGLE MSC - BUILDING D
SLAB REPLACEMENT
PROPOSED FLOOR PLAN
A-102
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
GENERAL NOTES, LEGEND,SHEET INDEX & DETAILSNEW SLAB-ON-GRADE PLANS1.1S1.2P.A.F.POWDER ACTUATED FASTENERSWSTEEL WIDE FLANGE COLUMNMOMENT CONNECTIONSTEEL PIPE COLUMNEDGE OF PLYWOOD SHEATHINGBEAM FRAMING MEMBERWOOD FRAME BEARING WALL BELOWOVERFRAME AREAFLOOR ELEVATION TRANSITION( )T.O.S.TOP OF STEEL ELEVTOP OF SLAB ELEVATIONTOP OF TIMBER (WALL PLATES OR BEAM NAILER)[ ]TUBE STEEL COLUMN - HSS 4X4X1/4 U.N.O.STEEL BUCKET FOR TIMBER BEAMHANGER FOR TIMBER MEMBERTOP OF FOOTING ELEVATIONT.O.F.TOP OF WALL ELEVATIONT.O.W.TOP OF PLYWOOD ELEVATIONT.O. PLY.SHEAR PANELING BELOW2X6 @ 16 EXT / 2X4 @ 16 INT U.N.O.UP(U)DOWN(D)THROUGH(T)(E)EXISTING(N)NEWU.N.O.UNLESS NOTED OTHERWISEWOOD FRAME BEARING WALL ABOVE2X6 @ 16 EXT / 2X4 @ 16 INT U.N.O.UNDERFRAME AREATOP OF WALL STEP UPC.J.CONTROL JOINTCRIPPLE POST WITHIN FRAMING LEVEL (3) - 2x6 U.N.O.V.I.F.VERIFY IN FIELDADHESIVEADH.FACE OF STUDF.O.S.ABOVEABV.CLEARCLR.STEEL FRAMING MEMBERSTEEL TO STEEL SHEAR CONNECTIONBOTTOM OF GRADE BEAM STEP UPBUILT-UP POST DOWN. WHERE SHOWN ISOLATED USE(3) 2X6 MIN AT ROOF PLAN, (4) 2X6 MIN AT THIRD FLOORPLAN & (5) 2X6 MIN AT SECOND FLOOR PLAN U.N.O.MULTIPLE STUD PACK DOWN. USE (3) 2X6 MIN AT ROOFPLAN & (4) 2X6 MIN AT 3RD FLOOR PLAN & (5) 2X6 MIN AT2ND FLOOR PLAN U.N.O. WHERE SHOWN AT JAMBS, USEDBL 2X6 KING & SINGLE 2X6 TRIMMER U.N.O.BUILT
-UPMULTIPLE STUD PACK OR BUILT-UP POST UP ANDDOWN (SEE ABOVE) - PACK OUT WITHIN FLOOR PLATEREINFORCINGREINF.FOOTINGFTG.BOTTOMBOT.HORIZONTALHORIZ.VERTICALVERT.CONTINUOUSCONT.AND SHEAR WALL DESIGNATION - SEE SCHEDULEDO.DITTO (Repeat above line or adjacent line)STD.STANDARDARCHITECTARCH.FOOTING STEP DOWNPLY.PLYWOODSHEAR PANELING ABOVESHTG.SHEATHINGBUILT-UP POST OR MULTIPLE STUD PACK UP(SEE ABOVE) - PACK OUT WITHIN FLOOR PLATESCALE: = 1'-0"TYP. SLAB ON GRADECONSTRUCTION JOINT2S1.11 1/2"1 1/2"SCALE: = 1'-0"TYPICAL CONTROL JOINT3S1.11 1/2"1'-0"1'-0"11" Min.
@ jointControl Joint formed by "Zipstrip"seal all control joints w/ cont. beadof sealant same color as concreteSleeve to assureslippage1"Ø x18" long smooth dowels @ 18"O.C.mid depth - use SIKA dowel orequivalent w/ prior approval(2) #6 @Bottom(2) #6 @Bottom1/4"x1 1/2" reveal w/ cont.bead of sealant same color asconcrete1/4"x1 1/2' reveal w/ cont.bead of sealant same color asconcrete6"1'-0"1'-0"2'-0"3/4"x18" long smooth dowels @18"O.C. MID Depth of (E) slab -SIKA Speed Dowel or equivalentw/ prior approval#6 @ 12"O.C. w/24" lap to mat(3) #6(E) Slab-on-gradeto remainSCALE: = 1'-0"CONSTRUCTION JOINT @ (E) SLAB4S1.11 1/2"SCALE: = 1'-0"TYP. TRENCH DRAIN1S1.13/4"2'-2"8"Min.Trench Drain AssemblyRe: Mech.11 1/2 MINSlab-on-grade andreinforcement perplan#6 @ 12" O.C.All laps 24" min#6 @ 12" O.C. EFat trench section(3) #6(E) Stem wall& footing(E) Concrete wall(2) #6 @ edge(N) Slab-on-grade &reinforcing per planSCALE: = 1'-0"(N) SLAB TO(E) WALL JOINT GRID "1"6S1.13/4"(E) Footing(2) #6 @ edge(N) Slab-on-grade &reinforcing per planSCALE: = 1'-0"(N) SLAB TO(E) WALL JOINT GRID "5"5S1.13/4"1/2" Fiber isolationjoint (sealed)(E) Slab-on-grade@ wash bay(E) CMU Wall1/2" Fiber isolationjoint (sealed)GENERAL NOTESLEGEND ANDSHEET INDEXAS NOTED08/25/21Permit/Pricing Set08/25/21S1.1These documents are intendedfor the exclusive use of theproject specified below. Theuse of these documents for anyother purpose is not authorized.Written authorization fromGlenwood Structural and Civilmust be obtained for any otheruse. This document is to beused within one year of the dateof preparation. Use after thatperiod is not authorized.DateDescriptionScale:Job NumberEngineerDate21644AGSTRUCTURAL & CIVIL, INC.E N G I N E E R S I C O N S T R U C T O R SG L E N W O O D812 Pitkin Avenue, Glenwood Springs CO 81601gsc@sopris.net I 970-928-0135EAGLE MSC -BUILDING DSLAB ALTERATIONDrafter/DesignerKK/AGGENERAL1.Work shall be performed in accordance with regulations of all agencies having jurisdiction, including, but not limitedto: Federal, State, County, and OSHA standards.2.Dimensional information provided is only for general reference for interpretation of the structural design.Dimensional information is not intended to be relied upon for construction or fabrication. The Contractor shallindependently arrive at all horizontal and vertical dimensioning, coordinate all dimensions with those providedamong these documents and with the Architectural, verify all field conditions and site grades, and communicate anysignificant discrepancies to the Engineer. Any discrepancies encountered that may affect the work shall becommunicated to the Engineer at the earliest prior to proceeding with any work that may be affected.3.The Contractor is responsible for all bracing and shoring for vertical/wind/seismic/soil retention loads, shoring andprotection of adjacent property, temporary construction, and means that may be required to carry out the work safelyand appropriately. Field observations by the Engineer shall not encompass these considerations.4.Shop drawings shall be reviewed in detail for quality and conformance to the construction documents by the GeneralContractor prior to submittal to the Engineer. Any deviations or requested substitutions from the constructiondocuments must be clearly identified in the submittal. Drawings with obvious deficiencies or unidentified deviationsfrom the construction documents will be returned to the General Contractor for proper review prior to the Engineer'sreview. Allow two weeks turnaround time for the Engineer's review of shop drawings. Shop drawings shall besubmitted, at a minimum, for the following:·Concrete Mix Design·Reinforcing Steel·Slab Dowels5.Where discrepancies may be encountered in the construction documents, the more stringent requirement shallgovern unless otherwise clarified by the Engineer.6.The Contractor shall coordinate all soils/materials testing including soil compaction and concrete compressivestrength.7.Engineer's acceptance must be secured in advance for all structural deviations or substitutions.8.These documents are intended to complement the Architectural documents and shall not be used independentlythereof.9.These documents are intended for the exclusive use of this project. The use of these documents for any otherpurpose is not authorized. Written authorization from Glenwood Structural and Civil, Inc. must be obtained for anyother use. This document is to be used within one year of the date of preparation. Use after that period is notauthorized.FOUNDATIONS & CONCRETE1.Slab design has been prepared with reference to original construction documents prepared by RNL dated 6/18/99.The Contractor shall notify a Geotechnical Engineer upon demolition of existing slab in order to witness the subgradeor conduct testing to verify the adequacy of the subgrade and confirm the subgrade modulus k used in design of 300pci. If findings differ from the above and/or design modifications are required, the Engineer shall be promptly notifiedin order that any revisions may be made prior to proceeding with construction.2.Any verification of existing conditions required on the drawings is to be performed at the start of construction. TheEngineer shall be notified of confirmation of the required verification items or discrepancies therein in a timely fashionin order that the modifications may be made appropriately.3.Prior to placement of insulation, the prepared subgrade shall be viewed by the Geotechnical Engineer to certifyadequacy of subgrade for placement of concrete.4.Concrete aggregate shall conform to the requirements of ASTM C-33. Maximum fly ash content in cementitiousmaterial shall be 20%. Maximum slump at the truck discharge point shall be 6". Air content shall be in accordancewith local industry standard practice. Compressive strength F'c shall be 4,500 psi and Water/Cement ratio shall be0.45 max.5.Adhesive anchors for any repairs as needed shall be Simpson AT-XP or Hilti HY 200. These shall be of the depthindicated and shall be installed in accordance with the manufacturer specifications.6.Expansion Anchors for any repairs as needed shall be Kwik Bolt KB-TZ or Simpson Strong Bolt 2. These shall be ofthe depth indicated and shall be installed in accordance with the manufacturer specifications.7.Reinforcing steel shall be high strength deformed bars in compliance with ASTM A-615. Yield strength (Fy) shall be60 ksi. Welded wire reinforcement shall conform to ASTM A-185 and shall be lapped a minimum of one full mesh atends and sides and tied together.8.Submit fabrication drawings reinforcement steel prior to fabrication. Steel shall be detailed and installed inaccordance with the latest editions of ACI 318 and the ACI Detailing Manual.9.Reinforcement steel installation must be viewed by Engineer prior to pour. All bars and embedded items must besecure prior to placement of concrete; placement of any items during the pour is not permitted without prior approvalof the Engineer.10.Unless noted otherwise, clear distance to reinforcement for placement against earth shall be 3" and clear distance toreinforcement for placement against forms shall be 2" for bars #6 and greater and 1-1/2" for bars #5 and smaller.11.Splices in reinforcement shall not be made unless otherwise detailed herein or previously approved on the fabricationdrawings. Unless noted otherwise or prohibited, lap length of reinforcement steel shall be 40 db (bar diameters).Continuous reinforcement in beams and walls shall be spliced at midspan for top bars and over supports for bottombars.12.Expansion control joints shall be spaced at a maximum of 25' on walls and 15' on slabs. Cold joints or constructionjoints shall be as detailed herein or otherwise pre-approved by the Engineer.DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
AB138'-0"1'-10"1'-3" (VERIFY)1NEW TRENCH DRAIN, ACCO DRAINKLASSIC K200 WITH DUCTILE IRONGRATE (CLASS E) TYPE 661Q,TYPICAL OF 4SLOPE ±2%2SLOPE ±2%SLOPE ±2%SLOPE ±2%44'-8"45'-0"± 131'-10"44'-8"1'-3" (VERIFY)11'-10"CDEXISTING SLAB TO REMAIN,TYPICAL OF NON-GRAY TONEAREAS233T.O. CONC.100'-0"SLOPE ±2%T.O. CONC.100'-0"SLOPE ±2%44SLOPE ±2%SLOPE ±2%556677150'-0"1'-10"13'-10"26'-4"5'-4"25'-4"25'-4"101'-4"25'-4"30'-2"4'-10"1'-10"
T.O. CONC.
100'-0
T.O. GRATE
99'-9"
T.O. GRATE
99'-9"
T.O. GRATE
99'-9"
T.O. GRATE
99'-9"
SLOPE ±2%SLOPE ±2%SLOPE ±2%SLOPE ±2%SLOPE ±2%SLOPE ±2%SLOPE ±2%1'-8"11'-10"EQ.EQ.EQ.EQ.EQ.EQ.EQ.11'-10"1'-8"5'-4"12'-8"12'-8"12'-8"12'-8"12'-8"12'-8"12'-8"17'-6"RECOMMENDEDCONTROL JOINTLOCATIONS TYP.(4) PAIR #5X5'-0" @EACH COLUMNWHERE DIAMOND ISREMOVED TYP.CONSTRUCTIONJOINT(E) SLAB DIAMONDTO BE REMOVED(TYP. OF 10)SAW CUT/CONSTRUCTIONJOINT LINE (TYP.)SAW CUT/CONSTRUCTIONJOINT LINE (TYP.)#6 @ 12"O.C. @TOP OF MAT#6 @ 12"O.C. @BOTTOM OF MAT7" SLAB W/ #6 EW MID DEPTH OFSLAB F'c= 4.500PSIOVER 2" INSULATION 40 psiULTIMATE STRENGTH -OWENS-CORNING FORMULA 400 ORDOW STYROFOAM HIGH LOAD 40OR EQUIVALENT W/ PRIORAPPROVAL2S1.11S1.1TYP.3S1.1TYP.5S1.14S1.14S1.16S1.1SCALE: 1/8" = 1'-0"0'2'8'4'16'1S2.1(4) #5 "L" 4'-0"X1'-0" @CONSTRUCTION JOINT/ COLUMN LOCATION(TYP. OF 2).T.O. CONC.
100'-0"These documents are intendedfor the exclusive use of theproject specified below. Theuse of these documents for anyother purpose is not authorized.Written authorization fromGlenwood Structural and Civilmust be obtained for any otheruse. This document is to beused within one year of the dateof preparation. Use after thatperiod is not authorized.DateDescriptionScale:Job NumberEngineerDate21644AGSTRUCTURAL & CIVIL, INC.E N G I N E E R S I C O N S T R U C T O R SG L E N W O O D812 Pitkin Avenue, Glenwood Springs CO 81601gsc@sopris.net I 970-928-0135EAGLE MSC -BUILDING DSLAB ALTERATIONDrafter/DesignerKK/AGNEWSLAB-ON-GRADEPLANAS NOTED08/25/21Permit/Pricing Set08/25/21S1.2DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
MECHANICAL SPECIFICATIONS:1.GENERAL:a.FURNISH ALL LABOR, SUPERVISION, MATERIALS, EQUIPMENT AND FACILITIESNECESSARY TO FURNISH, FABRICATE, DELIVER, STORE AND INSTALL ALL WORK NOTEDON THE DRAWINGS AND/OR SPECIFIED HEREIN.b.THE CONTRACTOR SHALL FURNISH AND INSTALL ALL WORK NECESSARY TO MAKE ACOMPLETE SYSTEM WHETHER OR NOT SUCH DETAILS ARE MENTIONED IN THESESPECIFICATIONS OR SHOWN ON THE PLANS, BUT WHICH ARE OBVIOUSLY NECESSARYTO MAKE A COMPLETE SYSTEM, EXCEPTING ONLY THOSE PORTIONS THAT ARESPECIFICALLY MENTIONED HEREIN OR PLAINLY MARKED ON THE ACCOMPANYINGDRAWINGS AS BEING INSTALLED UNDER ANOTHER SECTION OF THE SPECIFICATIONS.2.WORKMANSHIP:a.THE WORK SHALL BE ACCOMPLISHED IN A THOROUGH AND WORKMAN-LIKE MANNERSATISFACTORY TO AND MEETING THE APPROVAL OF THE OWNER AND ARCHITECT.3.MATERIALS:a.ALL MATERIALS AND EQUIPMENT SHALL BE NEW AND THE BEST OF THEIR RESPECTIVEKIND, FREE FROM ALL DEFECTS AND OF THE MAKE AND QUALITY SPECIFIED.4.SITE INSPECTION:a.CONTRACTOR SHALL VISIT THE SITE OF WORK PRIOR TO SUBMISSION OF HIS BID ANDTHOROUGHLY FAMILIARIZE HIMSELF WITH THE WORKING CONDITIONS & EXACT NATUREOF THE WORK.b.SUBMISSION OF A BID ACKNOWLEDGES FULL RESPONSIBILITY FOR FURNISHING ACOMPLETE AND FUNCTIONAL SYSTEM.c.NO CHANGES IN CONTRACT WILL BE MADE TO ACCOMMODATE OR ALLOW EXTRA FUNDSFOR ANY OMISSION WHICH RESULTS FROM A FAILURE TO THOROUGHLY MAKE THEEXAMINATION.5.CODES AND PERMITS:a.ALL MECHANICAL EQUIPMENT, INSTALLATION, ETC., SHALL CONFORM TO THE 2015INTERNATIONAL MECHANICAL CODE (IMC), 2015 INTERNATIONAL ENERGYCONSERVATION CODE (IECC) AND ORDINANCES AS INTERPRETED BY THE TOWN OFGYPSUM BUILDING DEPARTMENT.b.CONTRACTOR SHALL OBTAIN AND PAY FOR ALL PERMITS AND INSPECTIONS.c.COPIES OF ALL PERMITS AND INSPECTION REPORTS SHALL BE SUBMITTED TO THEARCHITECT.6.AS-BUILTS:a.CONTRACTOR SHALL PROVIDE A COMPLETE SET OF AS-BUILT DOCUMENTS WITH ALLCHANGES NOTED THEREON AT THE COMPLETION OF THE PROJECT AND PRIOR TO FINALACCEPTANCE AND PAYMENT.7.GUARANTEE:a.CONTRACTOR SHALL UNCONDITIONALLY GUARANTEE ALL LABOR AND MATERIALS ONALL WORK AGAINST DEFECTS IN WORKMANSHIP AND MATERIALS FOR A PERIOD OF ONEYEAR AFTER COMPLETION.8.SUBMITTALS:a.CATALOG INFORMATION AND CUTS OF ALL EQUIPMENT AND DEVICES (WITH ALLOPTIONS CLEARLY MARKED) SHALL BE SUBMITTED TO THE ARCHITECT FOR REVIEW (SIXCOPIES OF EACH). ELECTRONIC SUBMITTALS PREFERRED.9.COORDINATION:a.THE DRAWINGS ARE DIAGRAMMATIC AND INTENDED TO SHOW SCOPE.b.THE CONTRACTOR SHALL COORDINATE HIS WORK WITH OTHER TRADES TO PROVIDEBEST ARRANGEMENT OF ALL DUCTS, PIPES, CONDUIT, ETC.10.CUTTING AND PATCHING:a.ALL CUTTING AND PATCHING REQUIRED OF THE STRUCTURE (NEW OR EXISTING) SHALLBE PROVIDED UNDER OTHER SECTIONS OF THE WORK.b.PROVIDE NECESSARY REQUIREMENTS TO THE PROJECT SUPERINTENDENT.c.X-RAY SLABS PRIOR TO CORING.11.CLEANUP:a.UPON COMPLETION OF THE WORK UNDER THIS SECTION, THE CONTRACTOR SHALLREMOVE ALL SURPLUS MATERIALS, EQUIPMENT AND DEBRIS INCIDENTAL TO THIS WORKAND LEAVE THE PREMISES CLEAN AND ORDERLY.12.MECHANICAL IDENTIFICATIONa.EQUIPMENT NAMEPLATES: METAL, WITH DATA ENGRAVED OR STAMPED, FORPERMANENT ATTACHMENT ON EQUIPMENT.b.PIPE MARKERS: PREPRINTED, COLOR CODED, WITH LETTERING INDICATING SERVICE,AND SHOWING DIRECTION OF FLOW.c.VALVE TAGS: STAMPED OR ENGRAVED WITH 1/4" LETTERS FOR PIPING SYSTEMABBREVIATION AND 1/2" NUMBERS, WITH NUMBERING SCHEME. PROVIDE 5/32" HOLEFOR FASTENER.d.VALVE TAG SCHEDULE: PREPARE A VALVE TAG SCHEDULE TO BE SUBMITTED TO THEMAINTENANCE ENGINEER FOR RECORD.13.HEATING PIPING:a.HEATING HOT WATER PIPING 2½” INCHES AND BELOW SHALL BE TYPE "L" COPPER, HARDDRAWN, WITH WROUGHT COPPER SWEAT FITTINGS. JOINTS SHALL BE SOLDERED WITH95-5 OR SILVER SOLDER. CONDENSER WATER AND HEATING HOT WATER PIPING 3" ANDABOVE SHALL BE SCHEDULE 40 BLACK STEEL A-53 SEAMLESS PIPE WITH WELDEDFITTINGS.b.VALVES SHALL BE DANFOSS OR EQUAL; SERVICE PRESSURE SHALL BE AS REQUIRED.VALVES SHALL BE SUITABLE FOR SERVICE INTENDED. PROVIDE PRESSUREINDEPENDENT CONTROL VALVE MODELS FOR ALL VARIABLE SPEED SYSTEMS UNLESSNOTED OTHERWISE.c.PROVIDE HANGERS, SUPPORTS AND INSULATION SADDLES AS REQUIRED AND PER ANSIREQUIREMENTS. PLUMBERS TAPE AND WIRE ARE NOT ACCEPTABLE.d.PIPING SHALL BE SIZED AT A MAXIMUM PRESSURE DROP OF 3.5 FT PER 100 FEET & 4FEET/SEC VELOCITY. UNLESS OTHERWISE NOTED, ALL PIPING SHOWN ON PLANS HASBEEN SIZED FOR COPPER. PROVIDE DEDUCT ALTERNATE PRICING FOR PEX. IF PEX ISUSED, UPSIZE PIPE BY 1 NOMINAL SIZE.e.CONTROL VALVE Cv RATINGS SHALL BE SELECTED AT A MAXIMUM PRESSUREDIFFERENTIAL ACROSS THE VALVE OF 2 PSI.f.PROVIDE EXPANSION JOINTS OR LOOPS ON ALL HEATING WATER PIPING RUNS INEXCESS OF 50'.14.PIPING INSULATION:a.ALL HYDRONIC PIPING SHALL BE INSULATED CONSISTENT WITH THE REQUIREMENTSPER SECTION 1204 OF THE 2015 IMC.b.ALL EXPOSED PIPING SHALL UTILIZE FIBERGLASS INSULATION WITH VAPOR BARRIER,WHEREVER ARMAFLEX IS USED, IT MUST BE FIELD TAPED ALONG BOTH LONGITUDINALAND RADIAL SEAMS. SELF-ADHEARING ALONE IS NOT ACCEPTABLE.c.INSULATION SHALL BE UL LISTED IN COMPLIANCE WITH A FLAME-SPREAD INDEX NOTMORE THAN 25 AND SMOKE DEVELOPED INDEX NOT MORE THAN 50, PER SECTION 1204OF THE 2015 IMC. INSTALLATION SHALL BE IN ACCORDANCE WITH IMC REQUIREMENTS.d.ALL HYDRONIC PIPING INSULATION SHALL HAVE A THERMAL CONDUCTIVITY LESS THANOR EQUAL TO 0.27 BTU-IN/HR-FT2-°F.e.ALL HEATING WATER PIPING 1-1/2” OR SMALLER SHALL BE INSULATED WITH 1”THICKNESS. HEATING WATER PIPING LARGER THAN 1-1/2” SHALL BE INSULATED WITH1-1/2” THICKNESS.f.ALL PIPING ROUTED BELOW THE SLAB UNDERGROUND SHALL BE TYPE "k" COPPER ANDSHALL BE INSULATED WITH ARMIFLEX TYPE INSULATION.15.RADIANT INSULATION:a.INSULATION SHALL BE INSTALLED UNDER ALL RADIANT AREAS, ACCORDING TO CODEAND/OR MANUFACTURER REQUIREMENTS.16.WATER QUALITY:a.HEATING AND CHILLED WATER CONDITIONS SHALL BE WITHIN HARDNESS AND PHRANGE SUITABLE FOR MECHANICAL EQUIPMENT (PER MANUFACTURER). CONTRACTORTO TEST CONDITIONS PRIOR TO SYSTEM FILL. WATER SOFTENERS OR OTHER DEVICESMAY BE REQUIRED TO IMPROVE WATER QUALITY.b.INCLUDE CORROSION INHIBITORS ON ALL PROPYLENE GLYCOL MIXTURES.c.PRIOR TO SYSTEM FILL, ALL TUBING SYSTEMS AND MANIFOLDS SHALL BE CLEANED ASPRESCRIBED BY THE TUBING MANUFACTURER. SUPPLY ALL TOOLS, CONNECTIONS,LABOR, AND ACCESSORIES NECESSARY TO PROPERLY REMOVE ALL FOREIGNMATERIAL, CHEMICAL, AND RESIDUE WITHIN THE TUBING SYSTEM BEFOREPERMANENTLY CHARGING THE SYSTEM AND PLACING INTO OPERATION.17.BEFORE STARTING ANY WORK, THE CONTRACTOR FOR THIS SECTION OF THE WORK SHALLEXAMINE A COMPLETE SET OF DRAWINGS FOR ALL TRADES, INCLUDING ARCHITECTURAL,STRUCTURAL, HVAC, ELECTRICAL, FIRE PROTECTION AND PLUMBING. DIMENSIONS, SPACEREQUIREMENTS AND POINTS OF CONNECTION TO ALL EQUIPMENT SHALL BE VERIFIED, AND ANYMINOR ADJUSTMENTS NECESSARY TO AVOID CONFLICT WITH THE BUILDING STRUCTURE ANDTHE WORK OF THE OTHER TRADES SHALL BE MADE. CONTRACTOR SHALL NOTIFY ARCHITECTIMMEDIATELY IF ANY MAJOR CONFLICTS OCCUR.18.COORDINATE LOCATIONS OF ALL ROOF AND EXTERIOR WALL OPENINGS WITH ALL RELEVANTTRADES, AND PROVIDE WATERTIGHT FLASHINGS WHEREVER PENETRATIONS OCCUR. EXACTLOCATIONS AND SIZES MAY BE DEPENDENT UPON EQUIPMENT SELECTIONS; COORDINATE SIZESAND LOCATIONS OF ALL OPENINGS WITH APPROPRIATE EQUIPMENT REQUIREMENTS.19.PERMANENT ACCESS TO EQUIPMENT SHALL BE PROVIDED, AND A MINIMUM OF 30" CLEARWORKING SPACE IN FRONT OF ACCESS PANELS TO THE COMPRESSOR, BLOWER ASSEMBLY ANDAIR FILTER SECTION OF THE EQUIPMENT SHALL BE PROVIDED BY GENERAL CONTRACTOR.20.ALL EQUIPMENT SHALL BE SECURELY FASTENED TO THE BUILDING STRUCTURE WITH CODEAPPROVED VIBRATION ISOLATORS.21.EACH PIECE OF EQUIPMENT AND ALL SYSTEMS SHALL BE ADJUSTED AND RE-ADJUSTED TOENSURE PROPER FUNCTION OF ALL CONTROLS, MAINTENANCE OF TEMPERATURE, ADEQUACYOF FLOWS AND CAPACITIES, ELIMINATION OF NOISE AND VIBRATION, AND SHALL BE LEFT INPROPER OPERATING CONDITION.22.ALL EQUIPMENT SHALL BE INSTALLED ACCORDING TO THE MANUFACTURER'S INSTALLATION,OPERATION & MAINTENANCE MANUAL'S RECOMMENDATIONS ESPECIALLY FOR SERVICECLEARANCES.23.ELECTRICAL CONNECTIONS:a.UNLESS OTHERWISE INDICATED ALL MAGNETIC MOTOR STARTERS, THERMALOVERLOADS, LOW VOLTAGE THERMOSTATS, CONTROL RELAYS, CONTROLTRANSFORMERS AND SOLENOID VALVES SHALL BY FURNISHED BY THE MECHANICALCONTRACTOR.b.PROVIDE MOTORS AND EQUIPMENT FOR ONLY THOSE CURRENT CHARACTERISTICSINDICATED ON THE DRAWINGS.c.IT IS THE INTENT OF THIS DIVISION TO REQUIRE A COMPLETE SYSTEM PER THECONTRACT DOCUMENTS.d.COORDINATE ALL EQUIPMENT REQUIRING ELECTRICAL POWER, REGARDLESS OFVOLTAGE, WITH OTHER TRADES, SO THAT ALL SYSTEMS ARE COMPLETE ANDOPERATIONAL.e.ALL THREE PHASE MOTORS SHALL BE PROVIDED WITH PHASE LOSS PROTECTION.f.ALL SINGLE AND THREE PHASE MOTORS, STARTERS AND DISCONNECTS PROVIDED BYMECHANICAL CONTRACTOR AND WIRED BY THE ELECTRICAL CONTRACTOR.RADIANT FLOOR SUPPLYRADIANT FLOOR RETURNNOTE: ALL SYMBOLS SHOWN ON LEGENDARE NOT NECESSARILY USED.CHILLED WATER RETURNCHILLED WATER SUPPLYHEATING WATER RETURNHEATING WATER SUPPLYMECHANICAL LEGENDMEDIUM PRESSURE NATURAL GASSNOWMELT RETURNSNOWMELT SUPPLYGASHWSTABHWRCWSCWRSMSSMRRFSRFRGMPGPIPE RISERPIPE DROPPIPE TAKEOFF (FROM BOTTOM OF MAIN)PIPE TAKEOFF (FROM TOP OF MAIN)PIP END CAPPIPE CONTINUATIONPIPE EXPANSION GUIDEPIPE UNIONPIPE ANCHORFLEXIBLE PIPE CONNECTIONPIPE EXPANSION JOINTPOINT OF NEW CONNECTIONAIR VENTPLUG VALVECHECK VALVEBALL VALVEBALANCING VALVEBUTTERFLY VALVEPRESSURE REDUCING VALVESTRAINERPRESSURE - TEMP. TAPPRESSURE GAUGE2-WAY CONTROL VALVE3-WAY CONTROL VALVESUPPLY GRILLERETURN GRILLEEXHAUST AIRSUPPLY AIRRETURN AIROUTDOOR AIRSUPPLY AIR DAMPERRETURN AIR DAMPERSUPPLY DIFFUSEROARASAEARADSADSGRGSDRETURN DIFFUSERRDTRANSFER GRILLETGTRANSFER AIRTATHERMOSTATFIRE/SMOKE DAMPERFIRE DAMPERMOTOR OPERATED DAMPER (MOD)MANUAL BALANCING DAMPERTURNING VANES IN 90° ELBOW??x??DUCT SIZES ARE NET FREE AREA1ST NO. IS DUCT WIDTH.2ND NO. IS DUCT DEPTH.SECTION THRU SUPPLY AIR DUCTSECTION THRU RETURN/EXHAUST AIR DUCTSUPPLY DUCT TURN DOWNRETURN/EXHAUST DUCT TURN DOWNCHANGE OF ELEVATIONFLEXIBLE DUCT CONNECTIONR/D(D) DROP (R) RISESENSOR (CALL OUT ON DRAWINGS)SUPPLY REGISTER/DIFFUSER/LOUVERNECK SIZECFM-SARETURN REGISTER/DIFFUSER/LOUVERNECK SIZECFM-RAOUTSIDE AIR REGISTER/DIFFUSER/LOUVERNECK SIZECFM-OAEXHAUST REGISTER/DIFFUSER/LOUVERNECK SIZECFM-EAUDOOR UNDERCUT CFM(A) SECTION CUT LINE(B) SHEET SHOWN ONSSECTION THRU ROUND DUCTROUND DUCT TURN DOWN4-WAY CONTROL VALVEFLOW REGULATOR VALVEDIFFERENTIAL BYPASS VALVENATURAL GAS PRESSURE REGULATORTHERMOMETERM
TRANSFER REGISTER/DIFFUSER/LOUVERNECK SIZECFM-TABACK DRAFT DAMPER (BDD)GREASE WASTE BELOW GRADE (GW)INDIRECT WASTENOTE: ALL SYMBOLS SHOWN ON LEGENDARE NOT NECESSARILY USED.WASTE ABOVE GRADEDOMESTIC HOT WATER RECIRC.DOMESTIC HOT WATERDOMESTIC COLD WATERPLUMBING LEGENDMEDIUM PRESSURE NATURAL GASGREASE WASTE ABOVE GRADE (GW)WASTE BELOW GRADEGASGMPGVENT THROUGH ROOFCLEAN OUT TO GRADEFLOOR CLEAN OUTWALL CLEAN OUTCLEAN OUTNEWEXISTINGCOWCOFCOCOTG(E)(N)VTRIWVENTCONDENSATE DRAINCUP THROUGH ROOFUTRPIPE RISERPIPE DROPPIPE TAKEOFF (FROM BOTTOM OF MAIN)PIPE TAKEOFF (FROM TOP OF MAIN)PIP END CAPPIPE CONTINUATIONPIPE EXPANSION GUIDEPIPE UNIONPIPE ANCHORFLEXIBLE PIPE CONNECTIONPIPE EXPANSION JOINTPOINT OF NEW CONNECTIONAIR VENTPLUG VALVECHECK VALVEBALL VALVEBALANCING VALVEBUTTERFLY VALVEPRESSURE REDUCING VALVESTRAINERPRESSURE - TEMP. TAPPRESSURE GAUGE2-WAY CONTROL VALVE3-WAY CONTROL VALVE4-WAY CONTROL VALVEFLOW REGULATOR VALVEDIFFERENTIAL BYPASS VALVENATURAL GAS PRESSURE REGULATORTHERMOMETERUPUPDOWNDNSTORM DRAIN BELOW GRADE (SD)STORM DRAIN ABOVE GRADE (SD)COMBINATION WASTE & VENT (CW&V)PLUMBING SPECIFICATIONS:1.GENERAL:a.FURNISH ALL LABOR, SUPERVISION, MATERIALS, EQUIPMENT AND FACILITIESNECESSARY TO FURNISH, FABRICATE, DELIVER, STORE AND INSTALL ALL WORKNOTED ON THE DRAWINGS AND/OR SPECIFIED HEREIN.b.THE CONTRACTOR SHALL FURNISH AND INSTALL ALL WORK NECESSARY TO MAKEA COMPLETE SYSTEM WHETHER OR NOT SUCH DETAILS ARE MENTIONED INTHESE SPECIFICATIONS OR SHOWN ON THE PLANS, BUT WHICH ARE OBVIOUSLYNECESSARY TO MAKE A COMPLETE SYSTEM, EXCEPTING ONLY THOSE PORTIONSTHAT ARE SPECIFICALLY MENTIONED HEREIN OR PLAINLY MARKED ON THEACCOMPANYING DRAWINGS AS BEING INSTALLED UNDER ANOTHER SECTION OFTHE SPECIFICATIONS.2.WORKMANSHIP:a.THE WORK SHALL BE ACCOMPLISHED IN A THOROUGH AND WORKMAN-LIKEMANNER SATISFACTORY TO AND MEETING THE APPROVAL OF THE OWNER ANDARCHITECT.3.MATERIALS:a.ALL MATERIALS AND EQUIPMENT SHALL BE NEW AND THE BEST OF THEIRRESPECTIVE KIND, FREE FROM ALL DEFECTS AND OF THE MAKE AND QUALITYSPECIFIED.4.SITE INSPECTION:a.CONTRACTOR SHALL VISIT THE SITE OF WORK PRIOR TO SUBMISSION OF HIS BIDAND THOROUGHLY FAMILIARIZE HIMSELF WITH THE WORKING CONDITIONS &EXACT NATURE OF THE WORK.b.SUBMISSION OF A BID ACKNOWLEDGES FULL RESPONSIBILITY FOR FURNISHING ACOMPLETE AND FUNCTIONAL SYSTEM.c.NO CHANGES IN CONTRACT WILL BE MADE TO ACCOMMODATE OR ALLOW EXTRAFUNDS FOR ANY OMISSION WHICH RESULTS FROM A FAILURE TO THOROUGHLYMAKE THE EXAMINATION.5.CODES AND PERMITS:a.ALL PLUMBING EQUIPMENT, INSTALLATION, ETC., SHALL CONFORM TO THE 2015INTERNATIONAL PLUMBING CODE (IPC), 2015 INTERNATIONAL ENERGYCONSERVATION CODE (IECC) AND ORDINANCES AS INTERPRETED BY THE TOWNOF GYPSUM BUILDING DEPARTMENT.b.CONTRACTOR SHALL OBTAIN AND PAY FOR ALL PERMITS AND INSPECTIONS.c.COPIES OF ALL PERMITS AND INSPECTION REPORTS SHALL BE SUBMITTED TOTHE ARCHITECT.6.AS-BUILTS:a.CONTRACTOR SHALL PROVIDE A COMPLETE SET OF AS-BUILT DOCUMENTS WITHALL CHANGES NOTED THEREON AT THE COMPLETION OF THE PROJECT ANDPRIOR TO FINAL ACCEPTANCE AND PAYMENT.7.GUARANTEE:a.CONTRACTOR SHALL UNCONDITIONALLY GUARANTEE ALL LABOR AND MATERIALSON ALL WORK AGAINST DEFECTS IN WORKMANSHIP AND MATERIALS FOR APERIOD OF ONE YEAR AFTER COMPLETION.8.SUBMITTALS:a.CATALOG INFORMATION AND CUTS OF ALL EQUIPMENT AND DEVICES SHALL BESUBMITTED TO THE ARCHITECT FOR REVIEW (SIX COPIES OF EACH). ELECTRONICSUBMITTALS PREFERRED.9.COORDINATION:a.THE DRAWINGS ARE DIAGRAMMATIC AND INTENDED TO SHOW SCOPE.b.THE CONTRACTOR SHALL COORDINATE HIS WORK WITH OTHER TRADES TOPROVIDE BEST ARRANGEMENT OF ALL DUCTS, PIPES, CONDUIT, ETC.10.CUTTING AND PATCHING:a.ALL CUTTING AND PATCHING REQUIRED OF THE STRUCTURE (NEW OR EXISTING)SHALL BE PROVIDED UNDER OTHER SECTIONS OF THE WORK.b.PROVIDE NECESSARY REQUIREMENTS TO THE PROJECT SUPERINTENDENT.c.X-RAY SLABS PRIOR TO CORING.11.CLEANUP:a.UPON COMPLETION OF THE WORK UNDER THIS SECTION, THE CONTRACTORSHALL REMOVE ALL SURPLUS MATERIALS, EQUIPMENT AND DEBRIS INCIDENTALTO THIS WORK AND LEAVE THE PREMISES CLEAN AND ORDERLY.12.PLUMBING IDENTIFICATIONa.EQUIPMENT NAMEPLATES: METAL, WITH DATA ENGRAVED OR STAMPED, FORPERMANENT ATTACHMENT ON EQUIPMENT.b.PIPE MARKERS: PREPRINTED, COLOR CODED, WITH LETTERING INDICATINGSERVICE, AND SHOWING DIRECTION OF FLOW.c.VALVE TAGS: STAMPED OR ENGRAVED WITH 1/4" LETTERS FOR PIPING SYSTEMABBREVIATION AND 1/2" NUMBERS, WITH NUMBERING SCHEME. PROVIDE 5/32"HOLE FOR FASTENER.d.VALVE TAG SCHEDULE: PREPARE A VALVE TAG SCHEDULE TO BE SUBMITTED TOTHE MAINTENANCE ENGINEER FOR RECORD.13.PIPING:a.WASTE, VENT AND STORM DRAIN PIPING:i.SHALL BE STANDARD WEIGHT CAST IRON HUB LESS TYPE.ii.UNDERGROUND PIPING CAN ALSO BE SCHEDULE 40 PVC.iii.VENT PIPING IN RETURN AIR CEILING PLENUMS SHALL BE COPPER PIPING.14.EACH PLUMBING VENT SHALL TERMINATE NOT LESS THAN TEN FEET FROM ANYMECHANICAL INTAKE AND AT LEAST THREE FEET FROM ANY OPENING INTO THE BUILDING.15.VERIFY INVERT ELEVATION OF WASTE LINE OUTSIDE OF ENVELOPE AND COORDINATEWITH CIVIL ENGINEER PRIOR TO ROUTING ANY PIPING. PROVIDE SEWAGE WASTEEJECTOR IF I.E. OF EXISTING SANITARY WASTE CAN NOT BE ACCOMMODATED.16.CLEAN-OUTS SHALL BE INSTALLED AS PER 2015 IPC SECTION 708.17.PROVIDE WATERTIGHT FLASHING WHEREVER PIPES PASS THRU EXTERIOR WALLS, ROOFAND FLOORS.18.PENETRATION IN WALLS REQUIRING PROTECTED OPENINGS SHALL BE FIRE-STOPPED.FIRE-STOPPING SHALL BE AN APPROVED MATERIAL SECURELY INSTALLED AND CAPABLEOF MAINTAINING ITS INTEGRITY WHEN SUBJECTED TO TEST TEMPERATURE FOR SPECIFICWALL OR PARTITION.19.PROVIDE FELT WITH METAL BACKING VIBRATION ISOLATION SLEEVES OR PADS AT ALLPIPE HANGERS OR SUPPORTS AND ALL POINTS WHERE PIPING COMES IN CONTACT WITHANY PORTION OF THE STRUCTURE. APPLIES TO ALL WATER AND WASTE PIPING.20.LOCATIONS OF UTILITIES SHOWN ARE APPROXIMATE. CONTRACTOR SHALL VERIFY EXACTLOCATIONS AND DEPTHS OF UTILITIES PRIOR TO STARTING WORK OF THIS SECTION.MAKE REQUIRED ADJUSTMENTS TO CONNECT TO EXISTING UTILITIES. IF INDICATEDPOINTS OF CONNECTION CANNOT BE MADE TO UTILITIES AS FOUND, THE CONTRACTORSHALL, BEFORE CONTINUING, NOTIFY THE ARCHITECT PRIOR TO INSTALLING ANY WORKWHICH MAY BE AFFECTED.21.IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO VERIFY AVAILABLE SPACES FORINSTALLING THE WORK.22.VALVES SHALL BE NIBCO, JENKINS, WALWORTH, STOCKHAM OR EQUAL. SERVICEPRESSURE SHALL BE SUITABLE FOR SERVICE INTENDED.23.PROVIDE HANGERS AND SUPPORTS MEETING THE REQUIREMENTS SPECIFIED IN THE 2015IPC SECTION 308. PLUMBERS TAPE AND WIRE ARE NOT ACCEPTABLE.24.CONTRACTOR SHALL AFFIX A MAINTENANCE LABEL TO ALL EQUIPMENT REQUIRINGROUTINE MAINTENANCE AND SHALL PROVIDE THREE COPIES OF MAINTENANCE ANDOPERATING MANUALS TO THE OWNER/OPERATOR.25.CONTRACTOR SHALL ARRANGE FOR AND PAY FOR ALL UTILITY METERS AND UTILITYCONNECTIONS.26.ALL PLUMBING LINES SHALL BE CONCEALED WITHIN THE BUILDING STRUCTURE TO THEGREATEST EXTENT POSSIBLE. ALL LINES NOT CONCEALED SHALL BE SECURED 6" OFFFLOOR AND 3/4" FROM WALL AND CEILINGS USING OFFSET BRACKETS.ofwww.aec-vail.com
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PO Box 8489, 40801 US Hwy 6 & 24, Ste 214, Avon, Colorado, 81620
Mechanical, Electrical & Lighting Design Services
Architectural Engineering Consultants
Telephone: 970-748-8520
ceDrawn By:Checked By:DATE:ISSUE:07-07-21PROGRESSAEC PROJECT #:EAGLE MSC - BUILDING D
SLAB ALTERATION
GYPSUM, COLORADO21053 An Office with LEED™ Accredited Professionals07-21-21FINAL PROGRESS08-25-21PERMIT/PRICING SETTOCAECMECHANICAL& PLUMBINGSPECS,LEGENDNO SCALEMP1.013DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
GENERAL NOTES:1.OFFSET PIPING AS REQUIRED TO AVOID ALL DUCTWORK, LIGHTS, ANDSTRUCTURE. COORDINATE ALL STRUCTURAL PENETRATIONS WITH THESTRUCTURAL ENGINEER.2.ALL PIPING PASSING THROUGH FIRE-RATED ASSEMBLIES SHALL INCLUDEA FIRE-RATED PIPE SEALANT RATED TO MATCH THAT OF THE ASSEMBLY.3.VERIFY FINAL LOCATIONS OF ALL MANIFOLDS WITH THE OWNER.4.INSULATE ALL PIPE LEADERS PASSING THROUGH ADJACENT ZONES.SHEET DETAIL NOTES:INSTALL RADIANT MANIFOLD IN TRAFFIC RATED MANIFOLD BOX BELOWTHE SLAB. COORDINATE THE EXACT LOCATION WITH OWNER ANDARCHITECT. CAP 1 14" SUPPLY AND RETURN MAINS TO MANIFOLD AT THEBASE OF COLUMN FOR CONNECTION TO FUTURE DISTRIBUTIONSYSTEM. PROVIDE CONDUIT FOR CONTROL WIRE TO MANIFOLD ANDCAPPED AT BASE OF COLUMN FOR FUTURE CONNECTION TO CONTROLSYSTEM. ROUTE PIPING AND CONDUIT UNDERSLAB AND OVER THEFOOTER TO THE BASE OF THE COLUMN SUCH THAT IT HAS THE MOSTDIRECT PATH UP IN THE FUTURE. NOTE THIS MAY BE ON VARIOUSSIDES OF THE COLUMNS DEPENDING UPON EXISTING CONDITIONS.COORDINATE WITH OWNER AND ARCHITECT.INSTALL RADIANT MANIFOLD ALONG WALL IN LOCATION OF FUTUREMECHANICAL ROOM. COORDINATE THE EXACT LOCATION WITH OWNERAND ARCHITECT. CAP 1 12" SUPPLY AND RETURN MAINS TO MANIFOLDFOR FUTURE CONNECTION TO DISTRIBUTION.INSTALL RADIANT MANIFOLD IN TRAFFIC RATED MANIFOLD BOX BELOWTHE SLAB. COORDINATE THE EXACT LOCATION WITH OWNER ANDARCHITECT. CAP 1" SUPPLY AND RETURN MAINS TO MANIFOLD AT THEBASE OF COLUMN FOR CONNECTION TO FUTURE DISTRIBUTIONSYSTEM. PROVIDE CONDUIT FOR CONTROL WIRE TO MANIFOLD ANDCAPPED AT BASE OF COLUMN FOR FUTURE CONNECTION TO CONTROLSYSTEM. ROUTE PIPING AND CONDUIT UNDERSLAB AND OVER THEFOOTER TO THE BASE OF THE COLUMN SUCH THAT IT HAS THE MOSTDIRECT PATH UP IN THE FUTURE. NOTE THIS MAY BE ON VARIOUSSIDES OF THE COLUMNS DEPENDING UPON EXISTING CONDITIONS.COORDINATE WITH OWNER AND ARCHITECT.1RZ11180 SFRZ31625 SFRZ21180 SFRM-1RM-2RM-33RM-4131RZ4RZ5RM-5RM-611RZ6RZ7RM-7RM-811RZ8RZ92340 SFRM-921625 SF1625 SF1625 SF1625 SF1625 SF2*RADIANT MANIFOLDS SERVING A SINGLEZONE ONLY SHALL INCLUDE ANGLE VALVESIN LIEU OF 2-WAY VALVES AND BECONTROLLED BY A SINGLE ZONE VALVE.1/2"Ø LOOP SUPPLYFITTING (TYP)1/2"Ø LOOP RETURNPIPING (TYP)RADIANT FLOOR MANIFOLD DETAILNO SCALECOMPRESSIONFITTING (TYP)MULTITHERM 2-WAYZONE CONTROL VALVERETURN MANIFOLDMANIFOLD SUPPORTBRACKET (TYP)END CAPW/ VENTCOMPRESSIONFITTING (TYP)SUPPLY MANIFOLDPROVIDE A MEANSFOR BALANCINGINDIVIDUAL LOOPSRETURN MAINDRAIN DOWNHOSE BIBDRAIN DOWNHOSE BIBBALLVALVESUPPLY MAINSHUTOFF/BALANCING VALVE.BALANCING VALVE NOT REQUIREDIF VISUAL FLOW DISPLAYSPROVIDED ON INDIVIDUAL LOOPS.PROVIDE PRESSURE /TEMPERATURE PORTSACROSS MANIFOLDACCU SETTERDRAIN DOWNHOSE BIBB(TYP.)3ofwww.aec-vail.com
a
PO Box 8489, 40801 US Hwy 6 & 24, Ste 214, Avon, Colorado, 81620
Mechanical, Electrical & Lighting Design Services
Architectural Engineering Consultants
Telephone: 970-748-8520
ceDrawn By:Checked By:DATE:ISSUE:07-07-21PROGRESSAEC PROJECT #:EAGLE MSC - BUILDING D
SLAB ALTERATION
GYPSUM, COLORADO21053 An Office with LEED™ Accredited Professionals07-21-21FINAL PROGRESS08-25-21PERMIT/PRICING SETTOCAECMECHANICALPLAN, SCHEDULE, DETAILSSCALE 1/8" = 1'-0"M2.023DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
GENERAL NOTES:1.OFFSET PIPING AS REQUIRED TO AVOID ALL DUCTWORK, LIGHTS, ANDSTRUCTURE. COORDINATE ALL STRUCTURAL PENETRATIONS WITH THESTRUCTURAL ENGINEER.2.ALL PIPING PASSING THROUGH FIRE-RATED ASSEMBLIES SHALL INCLUDEA FIRE-RATED PIPE SEALANT RATED TO MATCH THAT OF THE ASSEMBLY.3.INSTALL CLEANOUTS PER SECTION 708 OF THE IPC. NOT ALL REQUIREDCLEANOUTS NECESSARILY SHOWN. COORDINATE ALL FINAL LOCATIONSWITH THE ARCHITECT PRIOR TO INSTALLATION.SHEET DETAIL NOTES:CONNECT 4" W TO TD. COORDINATE INSTALLATION OF TRENCH DRAINAND EXACT LENGTH OF DRAIN WITH STRUCTURAL ENGINEER.CONNECT 4" W TO CIVIL. COORDINATE INVERT REQUIREMENTS WITHCIVIL ENGINEER.COORDINATE EXACT LOCATION OF FCO WITH OWNER.2" VENT PIPE MUST COME OFF THE TOP OF THE WASTE LINE AT AMINIMUM 45 DEGREE SLOPE. OFFSET WASTE PIPING AWAY FROM THEEXTERIOR WALL (GRIDLINE A) IF NEEDED BASED UPON THE DEPTH OFTHE WASTE LINE. COORDINATE REQUIRED CLEARANCES TO FOOTINGWITH STRUCTURAL.INCREASE 2" VENT PIPE TO 3" VENT PRIOR TO SIDEWALL TERMINATION.COORDINATE EXACT LOCATION OF TERMINATION IN FIELD ANDCONFIRM WITH OWNER. TERMINATION MUST BE AT LEAST 3' AWAYFROM OPENINGS INTO THE BUILDING AND 10' FROM MECHANICALINTAKES.12TD - 107'-4"1TD - 107'-4"1TD - 107'-4"1TD - 107'-4"14" CW&V23FCO34" CW&V4" CW&V4" W4" W4455ofwww.aec-vail.com
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PO Box 8489, 40801 US Hwy 6 & 24, Ste 214, Avon, Colorado, 81620
Mechanical, Electrical & Lighting Design Services
Architectural Engineering Consultants
Telephone: 970-748-8520
ceDrawn By:Checked By:DATE:ISSUE:07-07-21PROGRESSAEC PROJECT #:EAGLE MSC - BUILDING D
SLAB ALTERATION
GYPSUM, COLORADO21053 An Office with LEED™ Accredited Professionals07-21-21FINAL PROGRESS08-25-21PERMIT/PRICING SETTOCAECPLUMBINGPLAN, SCHEDULESCALE 1/8" = 1'-0"P2.033DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
EXHIBIT D
General Conditions
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EXHIBIT D
GENERAL CONDITIONS
TO CONSTRUCTION AGREEMENT
ARTICLE 1 – DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents, the following
terms have the meanings indicated which are applicable to both the singular and plural thereof:
ADDENDA: Written or graphic instruments issued prior to the opening 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 G703 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 in writing 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.
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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 pictorial 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
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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: Eagle County.
OWNER’S REPRESENTATIVE: The Owner’s Representative is the Eagle County
Project Management Department and Kristin Degenhardt or her designee.
PROJECT: The “Eagle County Maintenance Service Center Building D” slab alteration.
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
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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 any time within thirty days after the effective date of the
Agreement.
STARTING THE PROJECT:
2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time
commences to run, but no Work shall be done at the site prior to the date on which the
Contract Time commences to run.
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 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:
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2.8 Within twenty days after the effective date of the Agreement, but before CONTRACTOR
starts the Work at the site, a conference will be held for review and acceptance of the
schedules referred to in paragraph 2.6, to establish procedures for handling shop drawings
and other submittals, and for processing applications for payment, and to establish a
working understanding among the parties as to the Work.
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT AND REUSE
INTENT:
3.1 The Contract Documents comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work. They may be altered only by a Modification.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if
called for by all. If during the performance of the Work, CONTRACTOR 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,
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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
4.1 Intentionally Omitted.
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
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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 of Colorado, 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 the state of Colorado, 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:
5.3 CONTRACTOR’S Liability Insurance: The CONTRACTOR shall purchase and
maintain such insurance as will protect him from claims set forth below which may arise
out of or result from the CONTRACTOR’S operations under the Agreement, whether
such operations be by himself, or by any Subcontractor, or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable.
All such insurance shall remain in effect until final payment, and at all times thereafter
when CONTRACTOR may be correcting, removing, or replacing defective Work in
accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such
completed operations insurance for at least two years after final payment, and furnish
OWNER with evidence of continuation of such insurance at final payment and one year
thereafter.
5.3.1 Claims under Worker’s Compensation, disability benefits, and other similar
employee benefit acts;
5.3.2 Claims for damage because of bodily injury, occupational sickness or disease, or
death of his employees, and claims insured by usual personal injury liability
coverage;
5.3.3 Claims for damage because of bodily injury, sickness or disease, or death of any
person other than his employees, and claims insured by usual personal injury
liability coverage; and
5.3.4 Claims for damages because of injury to or destruction of tangible property,
including loss of use resulting therefrom.
Worker’s Compensation insurance shall provide coverage as required by the laws
of the State of Colorado.
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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.
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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.
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5.7 Certificates of Insurance: Certificates of Insurance acceptable to the OWNER shall be
provided to the OWNER for attachment to the Agreement. These Certificates shall contain
provisions naming the OWNER as an additional insured under CONTRACTOR’S insurance, as
more fully required by the General Conditions herein, and that coverage afforded under the
policies will not be cancelled until at least thirty days prior written notice has been given the
OWNER. CONTRACTOR and his Subcontractors shall not permit any of his Subcontractors to
start Work until all required insurance has been obtained and certificates with the proper
endorsements have been filed with the OWNER. Failure of the CONTRACTOR to comply with
the foregoing insurance requirement shall in no way waive the OWNER’S rights hereunder.
5.8 Owner’s Liability Insurance: The OWNER, at his option, may but shall not be required
to purchase and maintain such liability insurance as will protect him against claims which
may arise from operations under this Agreement. Purchasing and maintaining such
insurance, however, will not relieve the CONTRACTOR from purchasing and
maintaining the insurance hereinbefore specified.
5.9 Loss of Use of Insurance: The OWNER, at his option, may but shall not be required to,
purchase and maintain such insurance as will insure him against loss of use of his
property due to fire or other hazards, however caused.
5.10 Coverage required of CONTRACTOR and any of its Subcontractors shall be primary
over any insurance or self-insurance program carried by OWNER.
5.11 All insurance policies in any way related to this Agreement and secured and maintained
by CONTRACTOR as required in this Article 5 shall include clauses stating that each
carrier shall waive all rights of recovery, under subrogation or otherwise, against Owner,
its members, managers, agencies, institutions, organizations, officers, agents, employees
and volunteers.
5.12 OWNER shall be named as additional insured on the Commercial General Liability,
Automobile Liability Insurance and Completed Operations Liability Insurance policies.
5.13 CONTRACTOR shall insert a clause containing the terms of section 5.3 and all its subparts
in all contracts or sub-contracts, and all Subcontractors shall purchase and maintain the
insurance on the terms and conditions as set forth herein.
ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES
SUPERVISION AND SUPERINTENDENCE:
6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means, methods, techniques,
sequences, and procedures of construction. CONTRACTOR shall not be responsible for
the negligence of others in the design or selection of a specific means, method, technique,
sequence, or procedure of construction which is indicated in and required by the Contract
Documents. CONTRACTOR shall be responsible to see that the finished Work complies
accurately with the Contract Documents.
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6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent
resident superintendent, who shall not be replaced without written notice to OWNER and
ARCHITECT except under extraordinary circumstances. The superintendent will be
CONTRACTOR’S representative at the site and shall have authority to act on behalf of
CONTRACTOR. All communications given to the superintendent shall be as binding as
if given to CONTRACTOR.
6.2.1 CONTRACTOR shall maintain and deliver to OWNER a daily job report of Work
performed, notable events and incidents, weather conditions, Subcontractor’s
performance, any deficiencies (and the corrective actions taken), delays, and other
information that OWNER may reasonably request.
6.2.2 CONTRACTOR will participate in meetings with OWNER at a specific date, time and
place established by OWNER, and to deliver all attending parties current reports on the
following items: progress payment requests; requests for information-current log; change
requests- current log; submittals- current log; change orders- current list; claims- pending
claims, notices of claims and any plans to file claims, if applicable, project progress
report, job problems and quality control review.
LABOR, MATERIALS AND EQUIPMENT:
6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay
out the Work, and perform construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline and order at the site. Except
in connection with the safety or protection of persons, or the Work, or property at the site
or adjacent thereto, and except as otherwise indicated in the supplementary conditions, if
any, all Work at the site shall be performed during regular working hours and
CONTRACTOR will not permit overtime Work or the performance of Work on
Saturday, Sunday, or any legal holiday without OWNER’S written consent given after
prior written notice to ARCHITECT.
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,
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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 1.51 of the Basic Requirements. If CONTRACTOR
wishes to furnish or use a substitute item of material or equipment,
CONTRACTOR shall make written application to ARCHITECT and OWNER
for acceptance thereof, certifying that the proposed substitute will perform
adequately the functions called for by the general design, be similar and of equal
substance to that specified and be suited to the same use and capable of
performing the same function as that specified. The application will state
whether or not acceptance of the substitute for use in the Work will require a
change in the drawings or specifications to adapt the design to the substitute and
whether or not incorporation or use of the substitute in connection with the Work
is subject to payment of any license fee or royalty. All variations of the proposed
substitute from that specified shall be identified in the application and available
maintenance, repair and replacement service will be indicated. The application
will also contain an itemized estimate of all costs or savings that will result
directly or indirectly from acceptance of such substitute, including costs of
redesign and claims of other contractors affected by the resulting change, all of
which shall be considered by ARCHITECT and OWNER in evaluating the
proposed substitute. ARCHITECT may require CONTRACTOR to furnish, at
CONTRACTOR'S expense, additional data about the proposed substitute.
ARCHITECT and OWNER will be the sole judge of acceptability, and no
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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 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
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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 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:
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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 Intentionally Omitted.
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:
•Locating all Underground Facilities;
•Coordination of the Work with the owners of such Underground
Facilities, including OWNER, during construction; and
•Assurance that all safety and protection of all such Underground
Facilities and repairing any damage thereto resulting from the Work.
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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:
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
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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 1.21 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’S and
OWNER’S 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 approval of OWNER has given
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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 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.
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7.2 If any part of CONTRACTOR'S Work depends, for proper execution or results, upon the
Work of any such other contractor or utility service company (or OWNER),
CONTRACTOR shall inspect and promptly report to ARCHITECT and OWNER in
writing any patent or apparent defects or deficiencies in such Work that render it
unsuitable for such proper execution and results. CONTRACTOR'S failure to so report
shall constitute an acceptance of the other Work as fit and proper for integration with
CONTRACTOR'S Work, except for latent or non-apparent defects and deficiencies in the
other Work.
7.3 CONTRACTOR shall do all cutting, fitting, and patching of his Work that 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
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not intended as and shall not be a waiver of ARCHITECT’S responsibility for oversight
of the Work.
VISITS TO SITE:
9.2 ARCHITECT will make visits to the site at intervals appropriate to the various stages of
construction to observe the progress and quality of the executed Work and to determine,
in general, if the Work is proceeding in accordance with the Contract Documents.
ARCHITECT will not be required to make exhaustive or continuous on-site inspections
to check the quality or quantity of the Work. ARCHITECT'S efforts will be directed
toward providing for OWNER a greater degree of confidence that the completed Work
will conform to the Contract Documents. On the basis of such visits and on-site
observations, as an experienced and qualified design professional, ARCHITECT will
keep OWNER informed of the progress of the Work, and will endeavor to guard
OWNER against defects and deficiencies in the Work.
CLARIFICATIONS AND INTERPRETATIONS:
9.3 ARCHITECT will issue, with reasonable promptness, such written clarifications or
interpretations of the Contract Documents (in the form of drawings or otherwise) as
ARCHITECT and OWNER may determine necessary, which shall 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
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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 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.
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10.2 ARCHITECT with approval of OWNER may authorize minor changes in the Work, not
involving an adjustment in the Contract Price or the Contract Time, which are consistent
with the overall intent of the Contract Documents. These may be accomplished by a field
order, and shall be binding on OWNER, and also on CONTRACTOR who shall perform
the change promptly. If CONTRACTOR believes that a field order justifies an increase
in the Contract Price or Contract Time, CONTRACTOR may make a claim therefore as
provided in Article 11 or Article 12.
10.3 Additional Work performed without authorization of a change order will not entitle
CONTRACTOR to an increase in the Contract Price, or an extension of the Contract
Time, except in the case of an emergency as provided in paragraph 6.30, and except as
provided in paragraph 13.9.
10.4 OWNER may execute appropriate change orders prepared by ARCHITECT covering
changes in the Work which are required by OWNER, or required because of unforeseen
physical conditions or emergencies, or because of uncovering Work found not to be
defective, or as provided in paragraphs 11.10 or 11.11.
10.5 Intentionally Omitted.
ARTICLE 11 – CHANGE OF CONTRACT PRICE
11.1 The Contract Price constitutes the total compensation (subject to authorized adjustments)
payable to CONTRACTOR for performing the Work. All duties, responsibilities, and
obligations assigned to or undertaken by CONTRACTOR shall be at his expense without
change in the Contract Price.
11.2 The Contract Price may only be changed by a Change Order. Any claim for an increase
in the Contract Price shall be based on written notice delivered to OWNER and
ARCHITECT within seven 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.
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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:
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 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
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
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the performance of the Work, and cost less market value of such items
used but not consumed which remain the property of CONTRACTOR.
11.5.4.3 Rentals of all construction equipment and machinery, and the parts
thereof, whether rented from CONTRACTOR or others in accordance
with rental agreements approved by OWNER with the advice of
ARCHITECT, and the costs of transportation, loading, unloading,
installation, dismantling and removal thereof, all in accordance with
terms of said rental agreements. The rental of any such equipment,
machinery or parts shall cease when the use thereof is no longer
necessary for the Work.
11.5.4.4 Intentionally Omitted.
11.5.4.5 Deposits lost for causes other than CONTRACTOR'S negligence, royalty
payments, and fees for permits and licenses.
11.5.4.6 Intentionally Omitted.
11.5.4.7 Intentionally Omitted.
11.5.4.8 Intentionally Omitted.
11.5.4.9 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).
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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 Construction Manager/General Contractor Overhead and Profit Fee.
11.7.2.No fee shall be payable on the basis of costs itemized under paragraphs 11.5.4
and 11.6.
11.8 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change
which results in a net decrease in cost will be the amount of the actual net decrease.
When both additions and credits are involved in any one change, the combined
adjustment to overhead and profit shall be figured on the basis of the net increase or
decrease in allowable costs, if any.
ADJUSTMENT OF UNIT QUANTITIES:
11.9 Whenever the cost of any Work is to be determined based upon unit price,
CONTRACTOR will submit, in form acceptable to ARCHITECT and OWNER, an
itemized cost breakdown together with supporting data.
11.10 Where the quantity of Work with respect to any item that is covered by a unit price
differs materially and significantly from the quantity of such Work indicated in the
Contract Documents, an appropriate change order (additive or deductive) may be issued
on recommendation of ARCHITECT with written approval of OWNER. In no event will
the unit price 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
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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 days of the occurrence of the event giving rise to the claim.
Any change in the Contract Time resulting from any such claim shall be incorporated in a
change order.
12.2 All time limits stated in the Contract Documents are of the essence of the Agreement.
The provisions of Articles 11 and 12 are CONTRACTOR'S sole remedies for delay by
any cause whatsoever, including acts of OWNER.
ARTICLE 13 – WARRANTY AND GUARANTEE; TESTS AND INSPECTION;
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
WARRANTY AND GUARANTEE:
13.1 CONTRACTOR warrants and guarantees to OWNER and ARCHITECT that all Work
will 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 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.
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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.
13.7 Neither observations by ARCHITECT or OWNER nor inspections, tests, or approvals by
others shall relieve CONTRACTOR from his obligations to perform the Work in
accordance with the Contract Documents.
UNCOVERING WORK:
13.8 If any Work is covered contrary to the written request of ARCHITECT or OWNER, it
must, if requested by ARCHITECT or OWNER, be uncovered for ARCHITECT’S and
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:
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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 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
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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 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:
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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 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,
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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
tentative list of items to be completed or corrected) reflecting such changes from the
tentative certificate as he believes justified after consideration of any objections from
OWNER. At the time of delivery of tentative certificate of substantial completion,
OWNER and CONTRACTOR will mutually agree upon the division of responsibilities
pending final payment between OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, and insurance.
14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
substantial completion, but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
PARTIAL UTILIZATION:
14.10 Use by OWNER of completed portions of the Work may be accomplished prior to
substantial completion of all the Work subject to the following:
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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 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.
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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 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 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:
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
14.14 CONTRACTOR'S obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. Neither recommendation of any progress or final
payment by ARCHITECT, nor the issuance of a certificate of substantial completion, nor
any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use
or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by
OWNER, nor any failure to do so, nor the issuance of a notice of acceptability by
ARCHITECT pursuant to paragraph 14.13, nor any correction of defective Work by
OWNER shall constitute an acceptance of Work not in accordance with the Contract
documents or a release of CONTRACTOR'S obligation to perform the Work in
accordance with the Contract Documents.
WAIVER OF CLAIMS:
14.15 The making and acceptance of final payment shall constitute:
14.15.1 a waiver of all claims by OWNER against CONTRACTOR, except claims
arising from unsettled liens, from defective Work appearing after final inspection
pursuant to paragraph 14.11, or from failure to comply with the Contract
Documents or the terms of any special guarantees specified therein; however, it
shall not constitute a waiver by OWNER of any rights in respect of
CONTRACTOR'S continuing obligations under the Contract Documents; and
14.15.2 a waiver of all claims by CONTRACTOR against OWNER other than those
previously made in writing and still unsettled.
ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION
OWNER MAY SUSPEND WORK:
15.1 OWNER may, at any time and without cause, suspend the Work, or any portion thereof,
for a period of not more than ninety days, by notice in writing to CONTRACTOR and
ARCHITECT which shall fix the date on which Work shall be resumed.
CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR may, at
the OWNER'S sole discretion, be allowed an increase in the Contract Price, or an
extension of the Contract Time, or both, directly attributable to any suspension, if he
makes a claim therefor as provided in Articles 11 and 12.
15.2 Upon the occurrence of any one or more of the following events:
15.2.1 if CONTRACTOR is adjudged bankrupt or insolvent,
15.2.2 if CONTRACTOR makes a general assignment for the benefit of creditors,
15.2.3 if a trustee or receiver is appointed for CONTRACTOR or for any of
CONTRACTOR'S property,
15.2.4 if CONTRACTOR files a petition to take advantage of any debtor’s act, or to
reorganize under the bankruptcy or similar laws,
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
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 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.
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
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.
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Eagle CO 81631
PO Box 850
Eagle County
Maintenance Service Center Building D Slab Alteration Project
1,000,000
06/10/202206/10/202110079747CA
8
B
2,000,000
2,000,000
1,000,000
5,000
100,000
1,000,000
02/03/202302/03/20223AA379183Y
8
8
8
A
25135STATE AUTOMOBILE MUT INS CO
38970MARKEL INS CO
81506COGrand Junction
303 Music Ln
Distinctive Design Build, LLC Mark Jenkins Joseph
Luke@bskyinsurance.com
7203443536
Luke Spaw
80004COArvada
ste 250
6390 Gardenia St.
Blue Sky Insurance Consultants, LLC
3/9/2022
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
Project Management Department Eagle County
Phone: (970) 328-8880 P.O. Box 850
500 Broadway
Eagle, CO 81631
NOTICE OF AWARD
3/07/2022
Distinctive Design Build, LLC
Attn: Gabe Conner
1048 Independent Ave, Suite A-210
Grand Junction, CO 81505
Sent Via E-Mail
Dear Mr. Conner:
On behalf of Eagle County, we would like to thank you for your time, interest and effort in preparing your
proposal for the Eagle County Maintenance Service Center Building D Slab Alteration Project.
Eagle County, Colorado, having considered the Contract Proposals submitted for the Eagle County
Maintenance Service Center Building D Slab Alteration Project, and it appearing that your Contract
Proposal Estimate of $1,160,626.00, dated March 1, 2022, is fair, equitable and in the best interest of
Eagle County, Colorado, the said Contract Proposal is hereby accepted at the bid prices contained therein.
Best regards,
Kristin Degenhardt
Kristin Degenhardt, Construction Manager
Project Management Department
Eagle County Government
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
Addendum No. 1 - Page 1 of 1
ADDENDUM AND CLARIFICATION NO. 1
DATE: February 23, 2022
Owner: Project:
Eagle County Eagle County
500 Broadway MSC Building D Slab Alteration
P.O. Box 850 3289 Cooley Mesa Road
Eagle, CO 81631 Gypsum, CO 81637
Purpose: The purpose of this Addendum is to make changes, additions, deletions,
revisions and clarifications to the bidding documents dated August 25, 2021 for the above
referenced project. Bidders shall review the Addendum work and requirements in detail
and incorporate any effects the Addendum may have in their bid price.
Acknowledgement: Bidders must acknowledge receipt of any and all Addenda in the
Bid Form. All requirements of the bidding documents remain unchanged except as cited
herein and in previous addenda:
1. CLARIFICATIONS: Add the following questions and answers:
1.1 Question: What is the thickness of the existing slab?
Answer: According to the original building plans the existing slab is
6” thick and is reinforced with #5 bars at 16” o.c. each way.
1.2 Question: Should the existing asphalt along the door east and west sides of
the building be patched?
Answer: Yes.
1.3 Question: Can the distribution piping to the manifolds be routed in the
underslab?
Answer: Yes.
1.4 Question: Where will the future boiler(s) be located?
Answer: Future boilers will be wall mounted on the south wall of the
bus storage space near where RM-9 is shown on Sheet M2.0.
1.5 Question: Can the existing slab be removed all the way to the west and east
edges?
Answer: Yes.
1.6 Question: Can future boilers be electric boilers?
Answer: Yes, as long as there is sufficient electrical service or the
service is upgraded if needed.
End of Document
DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059
GENERAL NOTES:1.OFFSET PIPING AS REQUIRED TO AVOID ALL DUCTWORK, LIGHTS, ANDSTRUCTURE. COORDINATE ALL STRUCTURAL PENETRATIONS WITH THESTRUCTURAL ENGINEER.2.ALL PIPING PASSING THROUGH FIRE-RATED ASSEMBLIES SHALL INCLUDEA FIRE-RATED PIPE SEALANT RATED TO MATCH THAT OF THE ASSEMBLY.3.VERIFY FINAL LOCATIONS OF ALL MANIFOLDS WITH THE OWNER.4.INSULATE ALL PIPE LEADERS PASSING THROUGH ADJACENT ZONES.5.PIPING SHOWN DASHED SHALL BE ROUTED UNDER THE SLAB ININSULATED PIPING.SHEET DETAIL NOTES:INSTALL RADIANT MANIFOLD IN TRAFFIC RATED MANIFOLD BOX BELOWTHE SLAB. COORDINATE THE EXACT LOCATION WITH OWNER ANDARCHITECT.INSTALL RADIANT MANIFOLD ALONG WALL IN LOCATION OF FUTUREMECHANICAL ROOM. COORDINATE THE EXACT LOCATION WITH OWNERAND ARCHITECT. VALVE AND CAP 1" RFS/R PIPING TO MANIFOLD FORFUTURE CONNECTION TO DISTRIBUTION.COORDINATE THE EXACT LOCATION OF THE FUTURE MECHANICALROOM IN THIS AREA PRIOR TO INSTALLING TUBING. DO NOT ROUTEANY HEATING TUBING BELOW THE FUTURE MECHANICAL ROOMLOCATION.VALVE AND CAP 2" RFS/RFR PIPING ALONG THE BACK WALL IN THEAREA OF THE FUTURE MECHANICAL ROOM FOR FUTURE CONNECTIONTO DISTRIBUTION SYSTEM.COORDINATE EXACT LOCATION OF SLAB SENSORS WITH OWNER.LOCATE EQUIDISTANT BETWEEN RADIANT TUBING. ROUTE CONTROLWIRE UP COLUMN FOR FUTURE CONNECTION TO CONTROL SYSTEM INFUTURE MECHANICAL ROOM.1RZ11180 SFRZ31625 SFRZ21180 SFRM-1RM-2RM-33RM-4111RZ4RZ5RM-5RM-611RZ6RZ7RM-7RM-811RZ8RZ91115 SFRM-921625 SF1625 SF1625 SF1625 SF1625 SF21/2"Ø LOOP SUPPLYFITTING (TYP)1/2"Ø LOOP RETURNPIPING (TYP)RADIANT FLOOR MANIFOLD DETAILNO SCALECOMPRESSIONFITTING (TYP)RETURN MANIFOLDMANIFOLD SUPPORTBRACKET (TYP)END CAPW/ VENTCOMPRESSIONFITTING (TYP)SUPPLY MANIFOLDPROVIDE A MEANSFOR BALANCINGINDIVIDUAL LOOPSRETURN MAINDRAIN DOWNHOSE BIBDRAIN DOWNHOSE BIBBALLVALVESUPPLY MAINSHUTOFF/BALANCING VALVE.PROVIDE PRESSURE /TEMPERATURE PORTSACROSS MANIFOLDACCU SETTERDRAIN DOWNHOSE BIBB(TYP.)3RM-102344RZ101115 SF4SS51" RFS/R (UNDERSLAB)1 12" RFS/R (UNDERSLAB)2" RFS/R (UNDERSLAB)2" RFS/R (UNDERSLAB)1" RFS/R (UNDERSLAB)1 12" RFS/R (UNDERSLAB)2" RFS/R (UNDERSLAB)2" RFS/R (UNDERSLAB)55ofwww.aec-vail.com
a
PO Box 8489, 40801 US Hwy 6 & 24, Ste 214, Avon, Colorado, 81620
Mechanical, Electrical & Lighting Design Services
Architectural Engineering Consultants
Telephone: 970-748-8520
ceDrawn By:Checked By:DATE:ISSUE:07-07-21PROGRESSAEC PROJECT #:EAGLE MSC - BUILDING D
SLAB ALTERATION
GYPSUM, COLORADO21053 An Office with LEED™ Accredited Professionals07-21-21FINAL PROGRESS08-25-21PERMIT/PRICING SET02-24-22PRICING UPDATETOCAECMECHANICALPLAN, SCHEDULE, DETAILSSCALE 1/8" = 1'-0"M2.023DocuSign Envelope ID: 0775729E-8AE4-4145-A06E-61A9C469D059