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21.08.31 CA Rec Locker Room Remodel CONSTRUCTION AGREEMENT THIS AGREEMENT is dated as of the 30th day of August in the year of 2021 by and between: Town of Avon, Colorado (hereinafter called OWNER) and DISTINCTIVE DESIGN BUILD (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Project Description: Remodel of the Avon Recreation Center Men and Women's Locker rooms including replacement of the tile,painting, shower and stall partitions and lockers. The remodeling work shall be completed as shown on the attached plan and specifications. Contractor to provide tile,partitions, lockers and all other materials necessary to complete project. For the price of$257,615.00 or Two Hundred Fifty Seven Thousand, Six Hundred Fifteen and 00/100 The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Avon Recreation Center Locker Room Remodel Project Article 2. ENGINEER The Town of Avon, Colorado, Town Engineer, hereinafter called ENGINEER, will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER and OWNER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. All work will be completed between the dates of August 30, 2021 and November 1, 2021. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of Work in accordance with the Contract Documents, in current funds, as follows: CA-1 (see attached copy of Contractor's Bid) Article 5. PAYMENT PROCEDURES 5.1 Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER, as provided in Article 14 of the General Conditions. Article 6. CONTRACTOR'S REPRESENTATIVES 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 the cost,progress, or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting the cost, progress, or performance of the Work which were relied upon by ENGINEER in the preparation of the Contract Documents, and which have been identified in the Special Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests, and studies of such reports and related data in addition to those referred to in paragraph 6.2, as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the 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. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER any conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 Advertisement for Bid(page AB-1) CA-2 7.2 Instruction to Bidders (pages IB-1 to IB-6) 7.3 Performance and other Bonds, identified as exhibits A &B and consisting of 4 pages. 7.4 Notice of Award (page NA-1 to NA-2) 7.5 Construction Agreement (pages CA-1 to CA-5) 7.6 Notice to Proceed (page NP-1) 7.7 General Conditions (pages GC-1 to GC-45 , inclusive) 7.8 Special Conditions (pages SC-1 to SC-12 , inclusive) 7.9 Plans, consisting of a sheets listed below by number, title, date and revision number with each sheet: SHEET DESCRIPTION 1-2 Scope of Work 3-14 Mechanical Specification Sheets 15 Locker Room Floorplan 7.9 Addenda numbers to , inclusive 7.10 Contractors Bid(pages BF-1 to BF-2, inclusive) marked exhibit(attach Bid Form) 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive) 7.12 Any Modification, including Change Orders, duly delivered after execution of 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 modifications (as defined in Article 1 of the General Conditions). Article 8. MISCELLANEOUS 8.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, shall have the meanings indicated in the General Conditions. 8.2 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, monies that may become due and monies that are due may not be assigned without such CA-3 consent(except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. Article 9. OTHER PROVISIONS 9.1 Pursuant to Section 24-91-103.6, C.R.S., the Owner hereby states that it has appropriated an amount equal to or in excess of the Contract amount. Owner shall not issue a Change Order or other form of order or directive requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract,unless Contractor is given written assurance by the public entity that lawful appropriations to cover the costs of the additional work have been made. CA-4 IN WITNESS WHEREOF. the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER.CONTRACTOR,and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on 30rn AUGUST.2021. OWNER.Town of Avon.Colorado CONTRACTOR, Digitally signed by Eric Heil By Erie H e ihi : rN:cn=Eric Heil,o=Town of nager,g,c=uS Date:2021.09.01 14:43:55-06'00' Attest Attest C4-ct.y.4e1 6• lv- to z/ Address for giving notices: Address for giving notices: 1048 INDEPENDENT AVE. SUI IF. A210 GRAND JUNCTION. COLORADO 81505 License No. 20211078 Agent for service of process: CA-5 CIP15021 -Recreation Center Locker Room Remodel Project Addendum No:2(Published) Notice Basic Information Estimated Contract Value(USD) $150,000.00(Not shown to suppliers) Reference Number 0000242810 Issuing Organization Town of Avon Owner Organization Town of Avon Project Type RFB-Request for Bid(Formal) Project Number CIP15021 Title Recreation Center Locker Room Remodel Project Source ID PU.AG.USA.1363167.C10349576 Piggyback Solicitation No Details Location Eagle County,Colorado Job Location 90 Lake Street,Avon,CO Description Remodel of the Avon Recreation Center Men and Women's Locker rooms including replacement of the tile,painting,shower and stall partitions and lockers. The remodeling work shall be completed as shown on the attached plan and specifications. Contractor to provide tile,partitions,lockers and all other materials necessary to complete project. Dates Publication 07/31/2020 10:48 AM MDT Question Acceptance Deadline 09/03/2020 02:00 PM MDT Questions are submitted online No Closing Date 09/10/2020 02:00 PM MDT Prebid Conference 09/02/2020 10:00 AM MDT Contact Information Justin Hildreth 9707484045 jhildreth@avon.org Buyer's Requirements General Requirements -Bid Deposit Required -Contractors License Required -Installation Required -Insurance Required -Samples Required Bonding Requirements -Bid Bond 5.00% -Performance Bond 100.00% -Labor and Materials Bond 100.00% Pre-Bidding Events Event Type Prebid Conference Attendance Recommended Event date 09/02/2020 10:00 AM MDT Location New Town Hall Council Chambers, 100 Mikaela Way Event Note Tour of the locker room will follow after questions. Bid Submission Process Bid Submission Type Electronic or Physical Bid Submission Pricing Lump sum Pricing Lump sum 09/16/2020 12:43 PM MDT Page 1 of 8 CIP15021 -Recreation Center Locker Room Remodel Project Addendum No:2(Published) Bid Documents List Item Name Description Mandatory Bid Documents Documents defining the proposal No Additional Bidding Instructions Please email JHildreth@avon.org if an electronic bid is submitted. 09/16/2020 12:43 PM MDT Page 2 of 8 CIP15021 -Recreation Center Locker Room Remodel Project Addendum No:2(Published) Documents Addendum No.2 Document Size Uploaded Date Language Addendum 2-Avon Rec Center Locker Room.pdf[pdf] 5 Mb 09/02/2020 05:20 PM MDT English Addendum No. 1 Document Size Uploaded Date Language Prebid Meeting-Addendum 1.pdf[pdf] 22 Kb 08/11/2020 04:38 PM MDT English Original Project Document Size Uploaded Date Language Rec Center Locker Room Remodel Project Manual.pdf[pdf] 7 Mb 07/31/2020 10:46 AM MDT English 09/16/2020 12:43 PM MDT Page 3 of 8 CIP15021 -Recreation Center Locker Room Remodel Project Addendum No:2(Published) Categories Selected Categories NIGP Categories(24) 910 BUILDING MAINTENANCE,INSTALLATION AND REPAIR SERVICES 91073 Tile and Stone(Includes Granite,Marble,and Terrazzo),Restoration,Refurbishing,Maintenance and Repair Tile and Stone(Includes Granite,Marble,and Terrazzo), Restoration, Refurbishing,Maintenance and Repair 340 FIRE PROTECTION EQUIPMENT AND SUPPLIES 34063 Lockers,Turnout Gear Lockers,Turnout Gear 135 BRICKS,CLAY,REFRACTORY MATERIALS,STONE,AND TILE PRODUCTS 13538 Grout Sealer Grout Sealer 13540 Grout,Tile Grout,Tile 13500 BRICKS,CLAY,REFRACTORY MATERIALS,STONE,AND TILE PRODUCTS 13557 Tile,Field Stone(Incl.Borders and Medallions) Tile, Field Stone(Incl.Borders and Medallions) 13561 Tile,Fine Gemstone(Solid or Mosaic)(Incl.Borders) Tile, Fine Gemstone(Solid or Mosaic)(Incl. Borders) 13559 Tile,Field Tile(Photo Imaged,Porcelain,Sculptured,Wall) Tile, Field Tile(Photo Imaged, Porcelain,Sculptured,Wall) 13564 Tile,Floor and Wall,Ceramic,Glazed Tile, Floor and Wall,Ceramic,Glazed 13566 Tile,Floor and Wall,Ceramic,Unglazed Tile, Floor and Wall,Ceramic, Unglazed 13558 Tile,Decorative Tile, Decorative 13560 Tile,Fire(Refractory) Tile, Fire(Refractory) 13580 Tile-Set(For Ceramic Tiles) Tile-Set(For Ceramic Tiles) 967 PRODUCTION AND MANUFACTURING SERVICES 96712 Aggregate,Concrete or Stone Products(Including Clay,Refractory Materials and Tile Products) Aggregate,Concrete or Stone Products(Including Clay, Refractory Materials and Tile Products) 630 PAINT,PROTECTIVE COATINGS,VARNISH,WALLPAPER,AND RELATED PRODUCTS 63000 PAINT,PROTECTIVE COATINGS,VARNISH,WALLPAPER,AND RELATED PRODUCTS 63050 Paint,Deck and Floor Paint,Deck and Floor 63006 Caulking Compounds,Bulk or Cartridge Type Caulking Compounds, Bulk or Cartridge Type 63093 Wall Coverings,Fabric and Plastic;and Accessories(Including Recycled Types) Wall Coverings, Fabric and Plastic;and Accessories(Including Recycled Types) 936 EQUIPMENT MAINTENANCE AND REPAIR SERVICES FOR GENERAL EQUIPMENT 93636 Furniture,School(Including Student Lockers),Maintenance and Repair(Includes Refinishing and Reupholstery) Furniture,School(Including Student Lockers), Maintenance and Repair(Includes Refinishing and Reupholstery) 360 FLOOR COVERING,FLOOR COVERING INSTALLATION AND REMOVAL EQUIPMENT,AND SUPPLIES 09/16/2020 12:43 PM MDT Page 4 of 8 CIP15021 -Recreation Center Locker Room Remodel Project Addendum No:2(Published) NIGP Categories(24) 36000 FLOOR COVERING,FLOOR COVERING INSTALLATION AND REMOVAL EQUIPMENT,AND SUPPLIES 36084 Tile,Stone Tile,Stone 805 SPORTING GOODS,ATHLETIC EQUIPMENT AND ATHLETIC FACILITY EQUIPMENT 80516 Athletic Facility Storage Equipment(Incl.Locker Room Equipment) Athletic Facility Storage Equipment(Incl.Locker Room Equipment) 670 PLUMBING EQUIPMENT, FIXTURES,AND SUPPLIES 67066 Toilet Partitions and Doors Toilet Partitions and Doors 914 CONSTRUCTION SERVICES,TRADE(NEW CONSTRUCTION) 91483 Tile and Marble Work,All Types Tile and Marble Work,All Types This copy of the NIGP Code is the property of the National Institute of Governmental Purchasing, Inc.(NIGP), is displayed and used by BidNet under license from Periscope Holdings, Inc.(the authorized sub-licensor of NIGP),and is protected under the copyright laws of the United States. It may not be copied or used(in whole or part)by any party unless such party is authorized to do so under the terms of a written license agreement entered into with NIGP or its authorized sub-licensors expressly authorizing such party to use the NIGP Code. Unauthorized copying or use is prohibited. Dated:January 2016 09/16/2020 12:43 PM MDT Page 5 of 8 CIP15021 -Recreation Center Locker Room Remodel Project Addendum No:2(Published) Courtesy Email Sent using email addresses chris@woodstonehomes.net;gabe.connor@energyreco.com;ray@hessbuilds.com 09/16/2020 12:43 PM MDT Page 6 of 8 CIP15021 -Recreation Center Locker Room Remodel Project Addendum No:2(Published) Plan Holders List Plan Holders List Organization Name Main Contact Download Date City Province/State DS Constructors LLC Melinda Denney 09/15/2020 04:41 PM MDT Loveland Colorado IMA, Inc. Kristen McCormick 09/10/2020 12:26 PM MDT Denver Colorado GE Johnson Construction William Whitmore 09/09/2020 01:48 PM MDT Colorado Springs Colorado Construction Journal Construction Journal 09/03/2020 10:20 AM MDT Stuart Florida BROC LLC Dan Baker 09/03/2020 08:55 AM MDT Littleton Colorado Sherwin Williams Greg Hansen 09/03/2020 07:13 AM MDT Lenexa Kansas Protective Coatings Group-North ERES Gabe Conner 09/02/2020 12:28 PM MDT Denver Colorado Surescape Insurance Cindy Burnett 09/02/2020 10:51 AM MDT Littleton Colorado Services, LLC Jerry Sibley Plumbing, Inc Kristena Wyatt 09/01/2020 01:56 PM MDT Minturn Colorado BFCabinetry LLC Stephen Bunta 08/31/2020 11:15 AM MDT Longmont Colorado H+L Development bryant long 08/31/2020 10:18 AM MDT Denver Colorado iBuild Construction, Inc Kelly Fischer 08/19/2020 11:57 AM MDT Loveland Colorado Spire Building Group Estimating Department 08/18/2020 11:21 AM MDT Evergreen Colorado studiotrope Joseph Montalbano 08/18/2020 10:59 AM MDT Denver Colorado Contractors Register, Inc. Maria Deg 08/13/2020 09:08 AM MDT Jefferson Valley New York H21 Group, Inc. Bradd Bieshaar 08/11/2020 04:41 PM MDT Englewood Colorado Greg White Gregory White 08/11/2020 03:58 PM MDT Vail Colorado Wilderness Construction Thomas Ochs 08/11/2020 09:04 AM MDT Denver Colorado Co. Hess Contracting, Inc. Raymond Hess 08/10/2020 10:50 AM MDT Avon Colorado G&G Fence Contractors Ty Guerrero 08/08/2020 08:15 AM MDT Loveland Colorado D2C Architects, Inc. Eric Combs 08/06/2020 09:29 AM MDT Denver Colorado CERTIFIED BUSINESS BILL SCHUSTER 08/05/2020 12:18 PM MDT Centennial Colorado SERVICES, INC. Skyler Design Build, LLC Dustin Crockett 08/05/2020 10:31 AM MDT Houston Texas Engineered Floors,LLC Kay Henderson 08/05/2020 07:16 AM MDT Dalton Georgia Petunia Painting Angelica Ruiz 08/04/2020 08:53 PM MDT Aurora Colorado Company ADA Compliance by Donald Whiteley 08/04/2020 03:55 PM MDT Littleton Colorado Whiteley Consulting,LLC Beck Total Office Interiors Tiffany Kee 08/04/2020 09:05 AM MDT Fort Collins Colorado Summit Graphics Jason Johnson 08/03/2020 04:53 PM MDT Commerce City Colorado J+A Architects Brian Judge 08/03/2020 03:46 PM MDT Vail Colorado Contract One Inc Luis Aguilera 08/03/2020 11:08 AM MDT Avon Colorado Evans Chaffee Chris Evans 08/03/2020 09:48 AM MDT Avon Colorado Construction Group, Inc. Chamberlin Architects Rebecca Chariton 08/03/2020 09:47 AM MDT Grand Junction Colorado 09/16/2020 12:43 PM MDT Page 7 of 8 CIP15021 -Recreation Center Locker Room Remodel Project Addendum No:2(Published) Organization Name Main Contact Download Date City Province/State Construction Reporter, Sarah Motsinger 08/03/2020 08:51 AM MDT Alburquerque New Mexico LLC Ford Construction Amanda Decker 08/03/2020 08:13 AM MDT Grand Junction Colorado Company, Inc. Ryder Construction Inc. Brad Rettig 08/03/2020 08:12 AM MDT Denver Colorado GE Johnson Construction Elaine Kanelos 08/03/2020 08:11 AM MDT Colorado Springs Colorado Company Signetcyber LLC Rufus Jackson 08/03/2020 08:06 AM MDT Fountain Colorado Risk Removal Steven Morrow 08/03/2020 07:49 AM MDT Timnath Colorado Adolfson and Peterson Al Slattery 08/03/2020 07:17 AM MDT Aurora Colorado Construction Christopher Christopher Carvell 08/03/2020 07:17 AM MDT Denver Colorado CarvellArchitects, PC Climate Survival Larry Seibert 08/03/2020 04:57 AM MDT Grand Junction Colorado Solutions, Inc. PBC Holligan Tile&Marble, Bill Holligan 08/02/2020 08:07 PM MDT Denver Colorado Inc. Construction Bid Source Heather Perrell 08/01/2020 02:42 AM MDT felton California Officepartners360 Tim Boylan 07/31/2020 09:54 PM MDT Pittsburgh Pennsylvania Pioneer Steel Inc Paul Turley 07/31/2020 04:00 PM MDT New Castle Colorado Denver Commercial Sondra Lankston 07/31/2020 01:34 PM MDT Centennial Colorado Property Services Iconergy, Ltd. Doug Hargrave 07/31/2020 01:04 PM MDT Denver Colorado Western Colorado Shawna Grieger 07/31/2020 12:55 PM MDT Grand Junction Colorado Contractors Association Strong Contractors Inc Monika Mazzullo 07/31/2020 11:41 AM MDT Parker Colorado Rocky Mountain Reps Brett Piane 07/31/2020 11:16 AM MDT Denver Colorado Halcyon Construction, Inc Brad Schlepp 07/31/2020 11:10 AM MDT Frederick Colorado Norcon of New Mexico, Kevin Anderson 07/31/2020 11:08 AM MDT Albuquerque New Mexico LLC. Rapid Restoration and Courtney Bowlin 07/31/2020 11:08 AM MDT Arvada Colorado Construction Jacks of all trades iinc. Dwayne Freeman 07/31/2020 11:04 AM MDT Colorado springs Colorado R.E.CONSTRUX Carl Erichsen 07/31/2020 10:52 AM MDT Boulder Colorado 09/16/2020 12:43 PM MDT Page 8 of 8 DATE(MM/DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 01/23/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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). PRODUCER CONTACT Luke Struthers-Spaw NAME: Blue Sky Insurance Consultants,LLC PHONN,EXt): (303)647-5440 FAX No): (303)223-3246 6390 Gardenia Street E-MAIL luke@bskyinsurance.com ADDRESS: Suite 250 INSURER(S)AFFORDING COVERAGE NAIC# Arvada CO 80004 INSURER A: R-T Speciality,LLC INSURED INSURER B: Distinctive Design Build,LLC, INSURER C: DBA:Distinctive Design Build,LLC INSURER D: 1048 Independent Ave Suite A210 INSURER E: Grand Junction CO 81505 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2012309212 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,DAMAGE TO 000 CLAIMS-MADE X OCCUR PREMISES Ea occE ence) $ 100,000 MED EXP(Any one person) $ 5,000 A 3AA379183 02/03/2020 02/03/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 Employee Benefits OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD PROJECT MANUAL FOR TOWN OF AVON RECREATION CENTER LOCKER ROOM REMODEL PROJECT CIP #15021 August 2020 TOWN OF AVON COLORADO TOWN OF AVON RECREATION CENTER LOCKER ROOM REMODEL PROJECT CIP #15021 SPECIFICATIONS AND CONTRACT DOCUMENTS AUGUST 2020 TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS AB Invitation to Bid IB Instruction to Bidders SC Special Conditions BF Bid Form BB Bid Bond NA Notice of Award CA Construction Agreement PB Performance Bond—Exhibit A LMB Labor and Materials Bond—Exhibit B NP Notice to Proceed CO Change Order GC General Conditions CONSTRUCTION MANUAL SCOPE OF SERVICES MANUFACTURER SPECIFICATION SHEETS LOCKER ROOM PLAN Recreation Center Locker Room Remodel Project Table of Contents-i REQUEST FOR BIDS AVON RECREATION CENTER LOCKER ROOM REMODEL July 31, 2020 The Town of Avon, Colorado, will receive sealed bids and digital submissions for remodeling the Avon Recreation Center Locker Rooms. Bids will be received electronically through BidnetDirect.com or at the Office of the Town Engineer, Avon Town Hall, P.O. Box 975, 100 Mikaela Way, Avon, Colorado, 81620 until 2pm local time, on the August 31, 2020, at which time and place all bids will be publicly opened and read aloud. Construction for which bids will be received includes: Project Description: Remodel of the Avon Recreation Center Men and Women's Locker rooms including replacement of the tile,painting, shower and stall partitions and lockers. The remodeling work shall be completed as shown on the attached plan and specifications. Contractor to provide tile,partitions, lockers and all other materials necessary to complete project. The Contract Documents, including plans and specifications, associated with this solicitation will be available online at https://www.bidnetdirect.com/colorado/townofavon on August 31, 2020. A pre-bid conference will be held on August 251 at 10 a.m. at the Avon Town Hall, 100 Mikaela Way, Avon, Colorado. No bid shall be withdrawn after the opening of the bids, without the consent of the Town of Avon, for a period of sixty(60) days after the scheduled Bid Opening. All bids must be submitted in writing on the forms provided and signed by the Bidder or his duly authorized agent. By submitting a bid, the bidder certifies pursuant to C.R.S. § 8-17.5-102(1) that, at the time of bid submission, it does not knowingly employ or contract with an illegal alien and that the contractor has participated or attempted to participate in the Basic Pilot Program that is administered by the United States Department of Homeland Security in order to verify that it does not employ any illegal aliens. The Town of Avon reserves the right to reject any and all bids, to waive any informalities in bidding, and to make Award in such a manner as they may deem right and proper for the best interest of the Town of Avon. TOWN OF AVON, COLORADO By: Justin Hildreth, Town Engineer ATTACHMENTS A - Scope of Services B—Manufacturer Specification Sheets C—Locker Room Plan INSTRUCTION TO BIDDERS 1. Defined Terms Terms used in these Instructions to Bidders, which are defined in the General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions. The term "Successful Bidder"means the lowest, qualified, responsible Bidder to whom Owner(on the basis of Owner's evaluation as hereinafter provided) makes an award. The term"Engineer," where used in these specifications, shall mean the Town Engineer of the Town of Avon. 2. Copies of Bidding Documents 2.1 Complete sets of the Bidding Documents, in the number and for the deposit sum, if any, stated in the Invitation, may be obtained from the Owner. 2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the work, and do not confer a grant or license for any other use. 3. Qualifications of Bidders To demonstrate qualifications to perform the work, each Bidder is required to submit, with his bid, written evidence of the types set forth in the Special Conditions, such as financial data, previous experience, and evidence of authority to conduct business in the jurisdiction where the Project is located, on the form provided. The bidder must demonstrate in the qualification's examples of 3 waterproofing repair projects of similar scope and size. Failure to do so may result in the Town not accepting the bid. Each bid must contain evidence of Bidder's qualifications to do business in the state where the Project is located, or covenant to obtain such qualification, prior to award of the contract. 4. Examination of Contract Documents and Site 4.1 Before submitting a Bid, each Bidder must(a) examine the Contract Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may, in any manner, affect cost, progress or performance of the work; (c) familiarize himself with federal, state, and local laws, ordinances, rules, and regulations that may, in any manner, affect cost, progress, or performance of the work; (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2 Reference is made in the Special Conditions to those reports of investigations and tests for the identification of subsurface and latent physical conditions at the site, which have been relied upon by Engineer in preparing the Drawings and Specifications. Engineer will make copies of such reports available to any Bidder requesting them. These reports IB-1 are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Bid, each Bidder will, at his own expense, make such additional investigations and tests, as the Bidder may deem necessary, to identify such conditions affecting cost, progress, or performance of the work, and to determine his Bid for performance of the work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.3 Owner will, on request,provide each Bidder access to the site to conduct such investigations and tests, as each Bidder deems necessary for submission of his/her Bid. 4.4 The lands upon which the work is to be performed, right-of-way for access thereto, and other land designated for use by Contractor in performing the work are identified in the Special Conditions or Drawings. 4.5 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 4, and that the Contract Documents are sufficient in scope and detail to indicate and convey an understanding of all terms and conditions for performance of the work. 5. Interpretations All questions about the meaning or intent of the Contract Documents shall be submitted to the Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than(10) days prior to the date for opening of bids will not be answered. Only answers to questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. Security Bid Security, in the form of a duly authorized Bid Bond or Cashier's Check in the amount of five percent (5%) of the bid, shall accompany all Bids. 7. Contract Time The number of days within which, or the date by which, the work is to be completed(the Contract Time), is set forth in the Bid Form and will be included in the Agreement. 8. Damages for Delays Provisions for damages for delays, if any, are set forth in the Bid Form and Contract Documents. 9. Substitute Material and Equipment The Contract, if awarded, will be on the basis of material and equipment described in the Drawings, or specified in the Specifications, without consideration of possible substitute "or IB-2 equal" items. Whenever it is indicated in the Drawings, or specified in the Specifications, that a substitute or"or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, applications for such acceptance will not be considered by the Engineer until after the"effective date" of the Agreement. The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7, 6.7.1, and 6.7.2 of the General Conditions. 10. Subcontractors, etc. 10.1 If the Special Conditions require the identity of certain Subcontractors, other persons, or organizations to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder and any other Bidder so requested, will, within seven(7) days after the date of the Bid opening, submit to Owner a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment)proposed for those portions of the work for which such identification is so required. Such list shall be accompanied by an experience statement, with pertinent information as to similar projects by the Subcontractor,person or organization, if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, other person, or organization, either may, before giving the Notice of Award, request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid Price. If the apparent Successful Bidder declines to make any such substitution, the Contract shall not be awarded to such Bidder. Any Subcontractor, other person, or organization so listed, about whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Engineer. 10.2 If required by the Special conditions, the apparent Successful Bidder,prior to the Notice of Award, shall identify, in writing to Owner, those portions of the work that such Bidder proposes to subcontract. After the Notice of Award, the Successful Bidder may only subcontract other portions of the work with Owner's written consent. 10.3 No Contractor shall be required to employ any Subcontractor, other person, or organization against whom he has reasonable objection. 11. Bid Form 11.1 The Bid Form is attached hereto; additional copies may be obtained from the Town of Avon Engineer. 11.2 Bid Forms must be completed in ink or by typewriter. The Bid Price of each item on the form must be stated in words and numerals. In case of a conflict, words will take precedence. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer, accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary or an IB-3 assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and be signed by a partner, whose title must appear under the signature. The official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda(the numbers of which shall be filled in on the Bid Form). 11.7 The address to which communications regarding the Bid are to be directed must be shown. 12. Submission of Bids Bids (including the original copies of the Contract Documents used by the Bidder to develop his Bid) shall be submitted at the time and place indicated in the Advertisement for Bids. The Bid shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of the Bidder, and accompanied by any other required documents. If the bid is sent through the mail, or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation"BID ENCLOSED"on the face thereof. 13. Modification and Withdrawal of Bids 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted, at any time prior to the opening of Bids. 13.2 If, within twenty-four hours after bids are opened, any Bidder files a duly signed written notice with Owner, and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his Bid, that Bidder may withdraw his Bid. Thereafter, that Bidder will be disqualified from further bidding on the work. 14. Opening of Bids When Bids are opened, an abstract of the information will be made available to Bidders. 15. Bids to Remain Open All Bids shall remain open for sixty days after the day of the bid opening,but Owner may, at his sole discretion, release any Bid. 16. Award of Contract IB-4 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities, and to negotiate contract terms with the Successful Bidder. Owner reserves the right to disregard all nonconforming, nonresponsive, or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices, if requested in the Bid Forms. It is Owner's intent to accept alternates (if any are accepted) in the order in which they are listed in the Bid Form, but Owner may accept them in any order or combination. 16.3 Owner may consider the qualifications and experience of Subcontractors, other persons, and organizations (including those who are to furnish the principal items of material or equipment)proposed for those portions of the work for which the identity of Subcontractors, other persons, and organizations must be submitted as provided in the Special Conditions. Operating costs, maintenance considerations, delivery dates, performance data, and guarantees of materials and equipment may also be considered by Owner. 16.4 Owner may conduct such investigations as it deems necessary to assist in the evaluation of any Bid, and to establish the responsibility, qualifications, and financial ability of the Bidders, proposed subcontractors, other persons, and organizations to do the work in accordance with the Contract Documents, to Owner's satisfaction, within the prescribed time. 16.5 Owner reserves the right to reject the Bid of any Bidder. 16.6 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the Award will be in the best interests of the Project. 16.7 Owners reserves the right to award each bid section to separate bidders. 17. Performance and Other Bonds General Conditions and the Supplementary General Conditions set forth Owner's requirements as to performance and other bonds. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by the required Contract Security. 18. Signing of Agreement When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contact Documents. Within five (5) calendar days thereafter, Contractor shall sign and deliver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten(10) days thereafter, Owner will deliver all fully signed counterparts to Contractor. Engineer will identify IB-5 those portions of the Contract Documents not fully signed by Owner and Contractor, and such identification shall be binding on all parties. 19. Schedule of Values Per Article 14.1 of the General Conditions, the successful Bidder shall submit a Schedule of Values, per the Owner's requirements. Said Schedule shall be used to make adjustments to the Contract amount, if necessary, and will be used by the Owner for internal administrative purposes. IB-6 TABLE OF CONTENTS OF SPECIAL CONDITIONS Article Number Title Page 1 GENERAL SC-1 2 LOCATION OF PROJECT SC-1 3 DESCRIPTION OF WORK SC-1 4 ACQUISITION OF LAND, RIGHTS-OF-WAYS, AND EASEMENTS SC-1 5 CONSTRUCTION STAKING SC-1 6 ELECTRIC POWER AND WATER SC-1 7 EXISTING UTILITIES SC-1 8 MATERIALS FURNISHED BY OWNER SC-2 9 STATE AND LOCAL LAWS SC-2 10 PROTECTION OF PUBLIC AND PRIVATE PROPERTY SC-2 11 FEES AND PERMITS SC-2 12 WASTE MATERIALS SC-2 13 INCREASED OR DECREASED QUANTITIES SC-2 14 OPERATIONS WITH OTHERS SC-2 15 CONSTRUCTION LIMITS SC-3 16 CLASSIFICATION OF EXCAVATION SC-3 17 PAYMENTS TO CONTRACTOR SC-3 18 HOT BITUMINOUS PAVEMENT MIX DESIGN SC-3 19 CONCRETE STRENGTH REQUIREMENTS SC-3 20 INSPECTION SC-3 sc-i Article Number Title Page 21 RESIDENT PROJECT REPRESENTATIVE SC-4 22 INSURANCE SC-5 23 PROGRESS PAYMENT RETAINAGE SC-6 24 LIQUIDATED DAMAGES SC-6 25 QUALIFICATION OF BIDDERS SC-6 26 SUBCONTRACTORS AND SUPPLIERS SC-7 27 CHARACTER OF WORKERS SC-7 28 PROHIBITION AGAINST EMPLOYMENT OF ILLEGAL ALIENS SC-7 29 PRODUCTS SC-8 30 STANDARD SPECIFICATIONS SC-8 31 PRIME COAT AND TACK MATERIAL SC-8 32 MEASUREMENT AND PAYMENT SC-8 33 SPECIAL DATES SC-9 34 MAINTAINING TRAFFIC SC-9 35 CONSTRUCTION PHASING SC-11 36 DRAWING LIST SC-11 37 ANTICIPATED PROJECT SCHEDULE SC-11 38 CONSTRUCTION SCHEDULE SC-11 39 CONSTRUCTION ACCESSS AND SITE PLAN SC-11 40 PROJECT QUANTITIES SC-12 41 SUBMITTALS SC-12 42 DEWATERING OF CHANNEL AND PIPES SC-12 43 WATERPROOFING SC-12 sc-ii Article Number Title Page 44 CULVERTS AND SEWERS SC-12 45 EROSION CONTROL SC-12 sc-iii SPECIAL CONDITIONS 1. GENERAL Work to be done under this section consists of furnishing all labor, materials, equipment, and accessories, and performing all operations to complete the project work in accordance with the Contract Documents. The following "Special Conditions" shall govern in case of discrepancies in any or all of the following documents, and the intent, either expressed or implied, in the "Special Conditions" shall govern in the interpretation of the Contract Documents. The Bidder is required to examine carefully the site of the proposed work, Proposal, and Contract Documents. He shall satisfy himself as to the character, quality, and quantities of Work to be performed, materials to be furnished, and as to the requirements of these specifications. The submissions of a Total Base Bid shall be evidence that the Bidder has made such examinations. 2. LOCATION OF PROJECT: The construction work to be performed is located at Avon Recreation Center, 90 Lake Street, Town of Avon, Eagle County, Colorado. 3. DESCRIPTION OF WORK Construction of the Avon Recreation Center Locker Room Remodel Project will generally consist of: Remodel of the Avon Recreation Center Men and Women's Locker rooms including replacement of the tile,painting, shower and stall partitions and lockers. The remodeling work shall be completed as shown on the attached plan and specifications. Contractor to provide tile,partitions, lockers and all other materials necessary to complete project. 4. ACQUISITION OF LAND, RIGHTS-OF-WAYS, AND EASEMENTS Deleted 5. CONSTRUCTION STAKING Construction staking and layout is the responsibility of the contractor. 6. ELECTRIC POWER AND WATER There is electric power and water available at the Recreation Center for the construction of the project. 7. EXISTING UTILITIES SC-1 Contractor shall take sole responsibility for damage to any utility line encountered even those utilities not located on the plans. 8. MATERIALS FURNISHED BY OWNER The OWNER shall furnish no labor, no equipment, and no materials to the CONTRACTOR. It is the intention of this contract to require the CONTRACTOR to furnish all labor, materials, and equipment necessary for the complete construction of the work. 9. STATE AND LOCAL LAWS The CONTRACTOR shall conform to all applicable State and local laws in carrying out its obligations under the Contract. 10. PROTECTION OF PUBLIC AND PRIVATE PROPERTY All property shall be protected from damage. Property damaged by the contractor during the construction of the work shall be, at his expense, repaired or replaced and left in as good condition as found. 11. FEES AND PERMITS The CONTRACTOR,prior to commencing any work, shall secure at his own expense all the necessary fees and permits required for the performance of the project work. The fees for Town permits will be waived. 12. WASTE MATERIALS All waste materials such as concrete, broken pipe, millings, asphalt, tree roots, and other construction debris shall be picked up and removed from the site by the CONTRACTOR. Routine clean up shall be conducted by the Contractor within areas impacted by this construction at a frequency of at least once per day. Final cleanup must be approved and accepted by the OWNER before the contract may be considered complete. 13. INCREASED OR DECREASED QUANTITIES The OWNER reserves the right to make such changes in quantity of work as are deemed necessary or advisable without changing the unit bid prices shown in the Proposal. 14. OPERATIONS WITH OTHERS The OWNER reserves the right to have other work performed by other contractors and to permit the public utility companies and others to do work on, and adjacent to, the site. The CONTRACTOR shall conduct his operations and cooperate with the other parties so as to minimize interference with this other work. Should a difference arise as to the rights of the CONTRACTOR and other, the ENGINEER, as the OWNER's representative, shall be sole SC-2 mediator and his decision shall be final and binding on the CONTRACTOR. 15. CONSTRUCTION LIMITS The CONTRACTOR shall confine his operation within the limits of construction shown on the Plans. Site offices, workshops, etc., shall be located only where approved by the OWNER. The CONTRACTOR shall fence the work perimeter. The site is in an open, public recreation center and the fence must be inspected daily, including weekends, to ensure it is still intact. 16. CLASSIFICATION OF EXCAVATION All excavation except for rock excavation for construction shall be unclassified. The CONTRACTOR shall assume all responsibility for deductions and conclusions which may be made as to the nature of the materials to be excavated, including the difficulty of making and maintaining the required excavation, problems caused by ground water should such be encountered, problems encountered in excavating for lines and structures, and any other difficulties which may result from the geological and physical conditions encountered at the site of the work. 17. PAYMENTS TO CONTRACTOR See Article 14 of General Conditions 18. HOT BITUMINOUS PAVEMENT MIX DESIGN Deleted 19. CONCRETE STRENGTH REQUIREMENTS Deleted 20. INSPECTION At all times, representatives of the OWNER, representatives of agencies affected by the construction work, and the ENGINEER or their representative shall have the right to enter and inspect any and all parts of the work for compliance with the plans and specifications. The ENGINEER shall decide any and all questions which may arise as to the quality and acceptability of the materials furnished, the work performed, the manner of performance and the rate of progress of the work. The ENGINEER shall decide all questions which may arise as to the interpretation of the Contract Documents, all questions as to acceptable fulfillment of the contract, and all disputes and mutual rights by the CONTRACTORS, if there is more than one CONTRACTOR on the work. SC-3 The decision of the ENGINEER shall be final. He shall have executive authority to make effective such decisions and to enforce the CONTRACTOR to carry out all orders promptly. The CONTRACTOR shall give adequate notice to all agencies performing the inspecting prior to the commencing of construction. 21. RESIDENT PROJECT REPRESENTATIVE ENGINEER may appoint a Resident Project Representative to assist in observing the performance of the work. If so appointed, the Resident Project Representative will be the ENGINEER'S agent and will act as directed by and under the supervision of ENGINEER and will confer with ENGINEER regarding his actions. The Resident Project Representative's dealings in matters pertaining to the on-site Work shall, in general,be only with ENGINEER and CONTRACTOR, and dealings with subcontractors shall only be through CONTRACTOR. As ENGINEER'S Agent, the Resident Project Representative will: A. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S Superintendent and assist him in understanding the intent of the Contract Documents. B. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. C. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty, defective, does not conform to the Contract Documents, does not meet the requirements, inspections, tests, or approval required to be made, or has been damaged prior to final payments. He will also advise ENGINEER when he believes Work should be corrected or rejected, should be uncovered for observation, or requires special testing, inspection, or approval. D. Verify that tests, equipment and systems startups, and operating and maintenance instructions are conducted as required by the Contract Documents and in the presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. E. Accompany visiting inspectors, representing public or other agencies having jurisdiction over the Project, and report the outcome of these inspections to ENGINEER. F. Transmit, to CONTRACTOR, ENGINEER'S clarifications and interpretations of the Contract Documents. G. Consider and evaluate CONTRACTOR'S suggestions for modifications in Contract Documents and report them, with recommendations, to ENGINEER. H. Furnish ENGINEER periodic report of progress of the Work and contractor's compliance with the approved progresses schedule. SC-4 As ENGINEER'S Agent, the Resident Project Representative, except upon written instructions of ENGINEER, will not: A. Authorize any deviation from the Contract Documents or approve any substitute materials or equipment. B. Exceed limitations on ENGINEER'S authority, as set forth in the Contract Documents. C. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent, or expedite the Work. D. Advise on, or issue directions relative to, any aspect of the means, methods, techniques, sequences, or procedures of construction, unless such is specifically called for in the Contract Documents. E. Advise on or issue directions as to safety precautions and programs in connection with the Work. F. Authorize OWNER to occupy the Project in whole or in part. G. Participate in specialized field or laboratory tests. 22. INSURANCE In conformance with the provisions of the General conditions as to insurance policies that will be required to protect the OWNER and the CONTRACTOR, the minimum amounts of the various kinds of insurance not otherwise provided for shall be as follows: 1. Worker's Compensation Insurance in accordance with prevailing laws. 2. Comprehensive general liability a minimum of$2,000,000 combined single limit bodily injury and property damage, each occurrence; $2,000,000 annual aggregate. If said aggregate is reduced by claim payments or otherwise exhausted, the Contractor shall immediately purchase additional aggregate limits for the remainder of Contract and furnish certificates of such insurance to OWNER. 3. Automobile liability a minimum of$1,000,000 combined single limit bodily injury and property damage, each accident. 4. Owner protective liability applying separately to each project and showing the OWNER as Named Insured. Coverages shall remain in effect until the work is accepted by OWNER and shall be written for limits of a minimum of$2,000,000 per occurrence and$2,000,000 annual aggregate. CONTRACTOR shall evidence coverages initially with an insurance binder with the actual insurance policy submitted to OWNER within thirty days of effective date. CONTRACTOR shall be responsible for purchasing additional insurance coverage if the $2,000,000 aggregate is exhausted before the project is completed. SC-5 23. PROGRESS PAYMENT RETAINAGE See Article 14 of General Conditions 24. LIQUIDATED DAMAGES Should the CONTRACTOR fail to complete the Work, or any part thereof, in the time stipulated in the Agreement or within such extra time as may have been allowed for delays by extensions granted as provided in the Contract Documents, the CONTRACTOR shall reimburse the OWNER for the additional expenses and damage for each calendar day, Sundays and holidays excluded, that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage, incurred by reason of failure to complete the Work, is $100.00 per day. The said amounts are hereby agreed upon as liquidated damages for the loss to the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would, in such event, sustain. It is expressly understood and agreed that this amount is not to be considered in the nature of a penalty,but as liquidated damages which have accrued against the CONTRACTOR; and the OWNER is authorized to deduct the amount of such damages from any monies due the CONTRACTOR for Work performed or material furnished under this Agreement and the CONTRACTOR and his Sureties shall be liable for any excess. 25. QUALIFICATION OF BIDDERS A statement of competency may be required from such Bidders as may be considered in making the award, and will include: A. Similar Work performed by the CONTRACTOR in the last five (5) years. B. Plant and equipment, in detail, available and which he now proposes to use on this Work. C. Recent financial statements relative to resources, including cash and bank credits available. D. Names of surety company that has indicated its willingness to bond the Bidder. A Bidder otherwise qualified may be required, either before or after the bid opening, to demonstrate availability of equipment and organization, not otherwise committed, to perform the Work within the time limits specified in the Contract Documents. Bidders will be required to fully inform the ENGINEER of their commitments to other work so he may form an opinion as to their availability for prompt performance of this Contract. No Bid will be accepted from, and no Contract will be awarded to any person, firm or corporation that is in arrears to the OWNER upon any debt or contract, or that is a defaulter as surety or otherwise upon any obligation to the OWNER. SC-6 26. SUBCONTRACTORS AND SUPPLIERS Bidder shall submit a list of all Sub-contractors and suppliers, accompanied by an experience statement, with pertinent information as to similar projects and other evidence of qualification for each such sub-contractor,person or organization. 27. CHARACTER OF WORKERS The CONTRACTOR shall employ only competent employees to do the work, and whenever the ENGINEER shall notify the CONTRACTOR in writing that any worker is, in his opinion, incompetent,unfaithful, disorderly or otherwise unsatisfactory, such worker shall be discharged from the work and shall not again be employed on it except with the consent of the ENGINEER. 28. PROHIBITION AGAINST EMPLOYMENT OF ILLEGAL ALIENS A. The Contractor shall not: 1. Knowingly employ or contract with an illegal alien to perform work under this public contract for services; or 2. Enter into a contract with a Subcontractor that fails to certify to the Contactor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract for services. B. The Contractor has verified or attempted to verify through participation in the basic pilot employment verification program (created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended ("basic pilot program")) that the Contractor does not employ any illegal aliens and, if the Contractor is not accepted into the basic pilot program prior to entering into a public contract for services, that the Contractor shall apply to participate in the basic pilot program every three months until the Contractor is accepted or the public contract for services has been completed, whichever is earlier. This provision shall not be required or effective if the basic pilot program is discontinued. C. The Contractor shall not use basic pilot program procedures to undertake pre- employment screening of job applicants while this public contract for services is being performed. D. If the Contractor obtains actual knowledge that a Subcontractor performing work under this public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall: 1. Notify the Subcontractor and the contracting state agency or political subdivision within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the Subcontractor if within three days of receiving the notice required pursuant to paragraph 4(A) the SC-7 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 Contract shall comply with any reasonable request by the Colorado Department of Labor and Employment("the Department") made in the course of an investigation that the Department is undertaking pursuant to C.R.S. §8-17.5-102(5)(a). F. If a Contractor violates a provision of the public contract for services required pursuant to paragraphs 1-5, the Town may terminate the contract for breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the Town. 29. PRODUCTS A. The OWNER'S Representative reserves the right to require a statement from the manufacturer of any manufactured materials that the specific materials used conform with the Contract Documents. B. Whenever a manufacturer's name or brand is specified for a product in these Contract Documents, alternate products of equal performance may be proposed for substitution. When the CONTRACTOR wishes to use an alternate item, he must submit to the ENGINEER a manufacturer's specification sheet for each and every alternate. These specification sheets must verify that the proposed alternate is indeed an acceptable equivalent to the items specified. All alternates must be approved, in writing,by the ENGINEER, who has the final decision. 30. STANDARD SPECIFICATIONS The specifications are included in the Scope of Services. The contractor shall follow the manufacturers recommendations for installation. 31. PRIME COAT AND TACK MATERIAL Deleted 32. MEASUREMENT AND PAYMENT The quantities for which Payment will be made shall be those shown in the BID FORM, provided the project is constructed essentially in accordance with the plans and specifications. Authorized changes will be field measured by Engineer and the accepted work will be paid for at the contract bid price per unit. Payment shall be made at the unit price or lump sum amount, as shown in the CONTRACTOR'S Bid, for applicable items of work. Items of work required to complete the project in accordance with the plans and specifications and for which no specific bid item appears in the Contract Documents shall not be paid for separately but shall be included in the SC-8 prices shown in the Contractor's Bid for applicable items of work. 33. SPECIAL DATES Deleted. 34. MAINTAINING TRAFFIC A. General All construction shall be scheduled such that full access for Recreation Center is maintained at all time. The CONTRACTOR shall access the building from the back southeast entrance near the loading dock and dumpsters. The CONTRACTOR will be responsible for preparing and submitting a fencing plan to the Town for review and approval prior to any pre-construction meeting. Submission of said plan shall not relieve the CONTRACTOR from any of the following obligations or preclude modifications or additional measures being required at no additional cost to conform to the following. The CONTRACTOR shall minimize the impact to the guests and employees for the Recreation Center. B. Maintaining Other Access The CONTRACTOR shall provide and maintain public and private access drives from the point of disruption to the parking lot and sidewalks. The CONTRACTOR will not be allowed to shut off access to the Recreation Center. CONTRACTOR shall be responsible for making such reasonable effort to obtain approval from the business owner at least 24 hours prior to start of related activities. C. Cost All costs incidental to the foregoing requirements will not be paid for separately,but shall be included in the work. Delays or impacts to the CONTRACTOR due to the requirements of this provision shall not be a basis for an extension of time or additional compensation, or both. 35. CONSTRUCTION PHASING Deleted 36. DRAWING LIST SHEET DESCRIPTION 1-2 Scope of Work 3-14 Mechanical Specification Sheets 15 Locker Room Floorplan 37. ANTICIPATED PROJECT SCHEDULE Pre-Bid Meeting August 25, 2020 Bid Opening August 31, 2020 Notice of Award by Council September 8, 2020 Pre-Construction Meeting TBD Notice to Proceed Late September SC-9 Construction Period September 14th to November 25, 2020 38. CONSTRUCTION SCHEDULE A. Submit initial progress schedule during Pre-Construction Meeting. B. Submit revised schedules with each Application for Payment, identifying changes since previous version. Indicate estimated percentage of completion for each item of work at each submission. 39. CONSTRUCTION ACCESS AND SITE PLAN CONTRACTOR shall provide a sketch to the owner indicating locations of the following: material storage, office, construction entrance and portable toilet. 40. PROJECT QUANTITIES CONTRACTOR is required to examine carefully the site of the proposed work, Proposal, and Contract Documents. He shall satisfy himself as to the character, quality, and quantities of Work to be performed, materials to be furnished, and as to the requirements of these specifications. The submissions of a Total Base Bid shall be evidence that the Bidder has made such examinations. 41. SUBMITTALS Submittals are required for all materials and products as outlined in the project drawings. 42. DEWATERING OF CHANNEL AND PIPES Deleted 43. WATERPROOFING The waterproofing requirements are included in the project drawings. 44. CULVERTS AND SEWERS Deleted 45. EROSION CONTROL Deleted SC-10 TOWN OF AVON AVON RECREATION CENTER LOCKER ROOM REMODEL BID FORM PROPOSAL OF An individual doing business as A partnership consisting of A corporation organized and existing under the Laws of the State of Colorado. To: Town of Avon 100 Mikaela Way P.O. Box 975 Avon, Colorado 81620 BASE BID Pursuant to the Invitation to Bid and Instructions to Bidders, issued by the Town of Avon, Colorado, furnish all labor and materials required for the Avon Recreation Center Locker Room Remodel Project,Town of Avon, Colorado, and appurtenant work as shown on the Drawings and Specifications, to be performed or furnished by Contractor in accordance with the following Bid prices: 1. Total Base Bid: Dollars and cents ($ ) Addenda L-1 L-3 L-5 L-2 L-4 L-6 The Owner will act on this Proposal within forty-five(45)days following receipt. Upon acceptance and award of the Contract to the undersigned by the Owner,the undersigned shall execute the Contract Documents, and furnish Performance and Payment Bonds for the full amount of the Contract within ten (10)calendar days to insure proper compliance with the terms and provisions of the Contract,to guarantee the work until final completion and acceptance including the guarantee period stipulated, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the Contract. Work under this Contract shall commence not later than , and the undersigned shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed no later than November 25th,2020. The undersigned bidder further agrees to pay as liquidated damages the sum of $100.00 for each consecutive calendar day thereafter, as hereafter provided in the Special Conditions. The undersigned certifies that the bid prices contained in this Proposal have been carefully checked and are submitted correct and final. BF-1 Signed at ,this day of , 2020. Contractor's License No. BF-2 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and (Name and Address of Contractor) as Surety, are hereby (Name and Address of Contractor) held and firmly bound into as Owner in the penal (Name of Owner) sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. Signed, this day of , 2020 The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter a contract in writing, for the NOW THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by an extension of the time within which the Owner may accept such BID; and said Surety does hereby waive notice of any such extension. BB-1 IN WITNESS WHEREOF, the Principal and the SURETY have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their officers, the day and the year first set forth above. (Principal, Contractor) By: IMPORTANT: Surety Companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Colorado. BB-2 NOTICE OF AWARD TO: (Contractor) (Address) PROJECT DESCRIPTION: AVON RECREATION CENTER LOCKER ROOM REMODEL PROJECT The Town of Avon, Colorado has considered the BID submitted by you for the above described Work in response to its Advertisement for Bid, dated July 31, 2020 and Instructions to Bidders. You are hereby notified that your BID has been accepted for the Avon Waterproofing Repairs Project in the amount of . You are required by the Instructions to Bidders to execute the Agreement and furnish the required Contractor's PERFORMANCE BOND, LABOR AND MATERIALS BOND, and Certificates of Insurance within ten(10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said BONDS within ten(10) calendar days from the date of this Notice, the Town of Avon, Colorado, will be entitled to consider all your rights arising out of acceptance of your BID as abandoned. The Town of Avon, Colorado will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the Town of Avon, Colorado. Dated this_Day of , 2020 Town of Avon, Colorado Owner By: Title: Town Engineer Receipt of the above NOTICE OF AWARD is hereby acknowledged by , this the day of , 2020 By: Title: NA-1 CONSTRUCTION AGREEMENT THIS AGREEMENT is dated as of the day of in the year of 2020 by and between: Town of Avon, Colorado (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Project Description: Remodel of the Avon Recreation Center Men and Women's Locker rooms including replacement of the tile,painting, shower and stall partitions and lockers. The remodeling work shall be completed as shown on the attached plan and specifications. Contractor to provide tile,partitions, lockers and all other materials necessary to complete project. The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Avon Recreation Center Locker Room Remodel Project Article 2. ENGINEER The Town of Avon, Colorado, Town Engineer, hereinafter called ENGINEER, will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER and OWNER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. All work will be completed between the dates of September 9, 2020 and November 25, 2020. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of Work in accordance with the Contract Documents, in current funds, as follows: CA-1 (see attached copy of Contractor's Bid) Article 5. PAYMENT PROCEDURES 5.1 Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER, as provided in Article 14 of the General Conditions. Article 6. CONTRACTOR'S REPRESENTATIVES 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 the cost,progress, or performance of the Work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting the cost, progress, or performance of the Work which were relied upon by ENGINEER in the preparation of the Contract Documents, and which have been identified in the Special Conditions. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, tests, and studies of such reports and related data in addition to those referred to in paragraph 6.2, as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the 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. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER any conflicts, errors or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 Advertisement for Bid(page AB-1) CA-2 7.2 Instruction to Bidders (pages IB-1 to IB-6) 7.3 Performance and other Bonds, identified as exhibits A &B and consisting of 4 pages. 7.4 Notice of Award (page NA-1 to NA-2) 7.5 Construction Agreement (pages CA-1 to CA-5) 7.6 Notice to Proceed (page NP-1) 7.7 General Conditions (pages GC-1 to GC-45 , inclusive) 7.8 Special Conditions (pages SC-1 to SC-12 , inclusive) 7.9 Plans, consisting of a sheets listed below by number, title, date and revision number with each sheet: SHEET DESCRIPTION 1-2 Scope of Work 3-14 Mechanical Specification Sheets 15 Locker Room Floorplan 7.9 Addenda numbers to , inclusive 7.10 Contractors Bid(pages BF-1 to BF-2, inclusive) marked exhibit(attach Bid Form) 7.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive) 7.12 Any Modification, including Change Orders, duly delivered after execution of 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 modifications (as defined in Article 1 of the General Conditions). Article 8. MISCELLANEOUS 8.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, shall have the meanings indicated in the General Conditions. 8.2 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, monies that may become due and monies that are due may not be assigned without such CA-3 consent(except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. Article 9. OTHER PROVISIONS 9.1 Pursuant to Section 24-91-103.6, C.R.S., the Owner hereby states that it has appropriated an amount equal to or in excess of the Contract amount. Owner shall not issue a Change Order or other form of order or directive requiring additional compensable work to be performed, which work causes the aggregate amount payable under the Contract to exceed the amount appropriated for the original Contract,unless Contractor is given written assurance by the public entity that lawful appropriations to cover the costs of the additional work have been made. CA-4 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on , 2020. OWNER, Town of Avon, Colorado CONTRACTOR, By By Attest Attest Address for giving notices: Address for giving notices: License No. Agent for service of process: CA-5 EXHIBIT A PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that (Name of Contractor) (Address of Contractor) a hereinafter called Principal and (Corporation, Partnership or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto: Town of Avon, Colorado 100 Mikaela Way P.O. Box 975, Avon, Colorado 81620 in the penal sum of , ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Town of Avon, Colorado, dated the day of , 2020, a copy of which is hereto attached and made a part hereof for the construction of: Avon Recreation Center Locker Room Remodel Project NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Town of Avon, Colorado, with or without notice of the Surety and during the two year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and hold harmless the Town of Avon, Colorado, from all costs and damages which they may suffer by reason of failure to do so, and shall reimburse and repay the Town of Avon, Colorado, all outlay and expense which may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PB-1 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATION accompanying the same shall in any ways affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the Work or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the Town of Avon, Colorado, and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, this Performance bond is given pursuant to Section 38-26-101, et seq., C.R.S. 1973, as amended. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of , 2020 ATTEST: (Principal Secretary) (Principal) By (Witness as to Principal) (Address) (Address) ATTEST: Surety Secretary Surety By (Witness as to Surety) Attorney-in-Fact (Address) (Address) PB-2 EXHIBIT B LABOR AND MATERIALS BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a hereinafter called Principal, and (Corporation, Partnership or Individual) (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto: Town of Avon, Colorado 100 Mikaela Way P.O. Box 975, Avon, Colorado 81620 in the penal sum of , ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Town of Avon, Colorado, dated the day of , 2020, a copy of which is hereto attached and made a part hereof for the construction of: Avon Recreation Center Locker Room Remodel Project NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishings materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, fuel, repairs on machinery, equipment, and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor,performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees LMB-1 that no change, extension of time, alteration, or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the Town of Avon, Colorado, and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied, and provided further that this Performance Bond is given pursuant to Section 38-26- 101, et seq., C.R.S. 1973, as amended. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of , 2020 ATTEST: Principal Secretary Principal By (Address) Witness as to Principal (Address) Surety ATTEST: By Surety Secretary Attorney-in-Fact Witness as to Surety (Address) (Address) LMB-2 NOTICE TO PROCEED TO: Date: (Contractor) Project: Avon Recreation Center Locker Room Remodel Project (Address) You are hereby notified to commence WORK in accordance with the Agreement dated on or before , and you are to complete the WORK between the dates of and , 2020 Town of Avon, Colorado By: Title: Address: 100 Mikaela Way, P.O. Box 975 Avon, CO 81620 Telephone: 970-748-4134 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged By (Contractor) This the day of , 2020 By Title: Telephone: NP-1 CHANGE ORDER Order No.: Date: Agreement Date: NAME OF PROJECT: Avon Recreation Center Locker Room Remodel Project OWNER: Town of Avon, Colorado CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: $ Original CONTRACT PRICE: $ Current CONTRACT PRICE adjusted by previous CHANGE ORDER The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(decreased)by The new CONTRACT PRICE including this CHANGE ORDER will be $ Change to CONTRACT TIME: The CONTRACT TIME will be (increased)(decreased)by calendar days. The date for completion of all work will be (Date). APPROVALS REQUIRED: Approved by Engineer: Accepted by Contractor: Accepted and Approved by Owner: Federal Agency Approval (where applicable): CO-1 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title Page 1 DEFINITIONS GC-1 2 PRELIMINARY MATTERS GC-4 3 CONTRACT DOCUMENTS: INTENT AND REUSE GC-6 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS GC-8 5 BONDS AND INSURANCE GC-9 6 CONTRACTOR'S RESPONSIBILITIES GC-14 7 WORK BY OTHERS GC-23 8 OWNER'S RESPONSIBILITIES GC-25 9 ENGINEER'S STATUS DURING CONSTRUCTION GC-25 10 CHANGES IN THE WORK GC-29 11 CHANGE OF CONTRACT PRICE GC-30 12 CHANGE OF THE CONTRACT TIME GC-35 13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK GC-36 14 PAYMENTS TO CONTRACTOR AND COMPLETION GC-39 15 SUSPENSION OF WORK AND TERMINATION GC-45 16 NOT USED 17 MISCELLANEOUS GC-48 gc-i INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Insurance 5.13 Access to the Work 13.2 Addenda- definition of 1 (See Definition of Specifications) Agreement - definition of 1 All Risk Insurance 5.6 Application for Payment - definition of 1 Application for Payment Final 14.12 Application for Progress Payment 14.2 Application for Progress Payment-review of 14.4 thru 14.7 Assignment 17.5 Availability of Lands 4.1 Award,Notice Of- definition of 1 Before Starting Construction 2.5 thru 2.7 Bid- definition of 1 Bonds and Insurance - in general 5 Bonds - definition of 1 Bonds, Delivery of 2.1, 5.1 Bonds, Performance and Other 5.1, 5.2 Cash Allowances 11.10 Change Order- definition of 1 Changes in the Work 10 Claims, Waiver of- on Final Payment 14.16 Clarifications and Interpretations 9.3 Cleaning 6.17 Completion 14 Completion, Substantial 14.8, 14.9 Conference - Pre-Construction 2.8 Construction Machinery, Equipment, etc. 6.4 Continuing Work 6.29 Contract Documents - definition of 1 Contract Documents - intent and use 3 Contract Documents -reuse of 3.6 Contract Price, Change of 11 Contract Price - definition of 1 Contract Time, Change of 12 Contract Time, Commencement of 2.3 Contract Time - definition of 1 Contractor- definition of 1 gc-ii INDEX TO GENERAL CONDITIONS Article or Paragraph Number Contractor May Stop Work or Terminate 15.5 Contractor's Continuing Obligation 14.15 Contractor's Duty to Report Discrepancy in Documents 2.5, 3.2 Contractor's Fees - Cost Plus 11.6 Contractor's Liability Insurance 5.3 Contractor's Responsibilities - in general 6 Contractor's Warranty of Title 14.3 Contractual Liability Insurance 5.4 Copies of Documents 2.2 Correction or Removal of Defective Work 13.11 Correction Period, Two Year 13.12 Correction, Removal or Acceptance of Defective Work - in general 13.11 thru 13.14 Cost of Work 11.4, 11.5 Costs, Supplemental 11.4.5 Day- definition of 1 Defective Work, Acceptance of 13.13 Defective Work, Correction or Removal of 13.11 Defective - definition of 1 Defective Work- in general 13 Defective Work, Rejecting 9.4 Delivery of Bonds 2.1 Disagreements, Decisions by Engineer 9.9, 9.10 Documents, Copies of 2.2 Documents, Record 6.19 Documents, Reuse 3.6 Drawings, definition of 1 Effective Date of Agreement- definition of 1 Emergencies 6.22 Engineer- definition of 1 Engineer's -Notice Work is Acceptable 14.3 Engineer's Responsibilities, Limitations on 9.11 thru 9.14 Engineer's Status During Construction- in general 9 Engineer's - Recommendation of Payment 14.4, 14.13 Equipment, Labor, Materials and 6.3 thru 6.6 Equivalent Materials and Equipment 6.7 Fee, Contractor's - Costs Plus 11.6 Field Order- definition of 1 Field Order- issued by Architect 10.2 gc-iii INDEX TO GENERAL CONDITIONS Article or Paragraph Number Final Application for Payment 14.12 Final Inspection 14.11 Final Payment, Recommendation of 14.13, 14.14 Final Payment and Acceptance 14.13 General Requirements 1 General Provisions 17.3, 17.4 Giving Notice 17.1 Guarantee of Work-by Contractor 13.1 Indemnification 6.30 thru 6.32 Inspection, Final 14.11 Inspection, Tests and 13.3 thru 13.7 Insurance, Bonds and- in general 5 Insurance, Certificates of 2.7 and 5 Insurance, Contractor's Liability 5.3 Insurance, Contractual Liability 5.4 Insurance, Owner's Liability 5.5 Insurance, Property 5.6 thru 5.9 Intent of Contract Documents 3.1 thru 3.5 Interpretations and Clarifications 9.3 Investigations of Physical Conditions 4.2 Labor, Materials and Equipment 6.3 thru 6.6 Laws and Regulations 6.14 Liability Insurance - Contractor's 5.3 Liability Insurance - Owner's 5.5 Limitations on Engineer's Responsibilities 9.11 Materials and Equipment- furnished by Contractor 6.3 Materials or Equipment- Equivalent 6.7 Miscellaneous Provisions 17 Modifications - definition of 1 Notice, Giving of 17.1 Notice of Award- definition of 1 Notice of Acceptability of Project 14.13 Notice to Proceed - definition of 1 Notice to Proceed - Giving of 2.3 "Or-Equal" Items 6.7 Other Contractors 7 gc-iv INDEX TO GENERAL CONDITIONS Article or Paragraph Number Overtime Work, Prohibition of 6.3 Owner- definition of 1 Owner May Correct Defective Work 13.14 Owner May Stop Work 13.10 Owner May Suspend Work, Terminate 15.1 thru 15.4 Owner's Duty to Execute Change Orders 11.8 Owner's Liability Insurance 5.5 Owner's Representative, Engineer to Serve As 9.1 Owner's Responsibilities - in general 8 Owner's Separate Representative at Site 9.8 Partial Utilization 14.10 Partial Utilization-Property Insurance 5.14 Patent Fees and Royalties 6.12 Payments to Contractor- in general 14 Payments, Recommendation of 14.4 thru 14.7.6 Performance and Other Bonds 5.1 thru 5.2 Permits 6.13 Physical Conditions - Investigations and Reports 4.2 Physical Conditions, Unforeseen 4.3 Pre-Construction Conference 2.8 Preliminary Matters 2 Premises, Use of 6.16, 6.17, 6.18 Price, Change of Contract 11 Progress Payment, Applications for 14.2 Progress Schedule 2.6, 14.1 Project- definition of 1 Project Representative, Resident - definition of 1 Project Representation, Provision for 9.8 Project, Starting 2.4 Property Insurance 5.6 thru 5.9 Property Insurance -Receipt and Application of Proceeds 5.11, 5.12 Property Insurance -Partial Utilization 5.14 Protection, Safety and 6.20 thru 6.21 Recommendation of Payment 14.4, 14.13 Record Documents 6.19 Reference Points 4.4 Regulations, Laws and 6.14 Rejecting Defective Work 9.4 Removal or Correction of Defective Work 13.11 Resident Project Representative - definition of 1 gc-v INDEX TO GENERAL CONDITIONS Article or Paragraph Number Resident Project Representative, Provision for 9.8 Responsibilities, Contractor's 6 Responsibilities, Owner's 8 Reuse of Documents 3.6 Royalties, Patient Fees and 6.12 Safety and Protection 6.20 thru 6.21 Samples 6.23 Schedule of Shop drawings Submissions 2.6, 14.1 Schedule of Values 2.6, 14.1 Shop Drawings and Samples 6.23 thru 6.28 Shop Drawings - definition of 1 Site, Visits to-by Engineer 9.2 Specifications - definition of 1 Starting Construction, Before 2.5 thru 2.7 Starting the Project 2.4 Stopping Work-by Contractor 15.5 Stopping Work-by Owner 13.10 Subcontractor- definition of 1 Subcontractors - in general 6.8 thru 6.11 Substantial Completion, Certificate of 14.8 Substantial Completion, definition of 1 Subsurface Conditions 4.2, 4.3 Supplemental Costs 11.4.5 Surety- Consent to Payment 14.12, 14.14 Surety-Notice of Change 10.5 Surety, Qualification of 5.1, 5.2 Suspending Work-by Owner 15.1 Suspension of Work and Termination- in general 15 Superintendent, Contractor's 6.2 Supervision and Superintendence 6.1, 6.2 Taxes -Payment by Contractor 6.15 Termination -by Contractor 15.5 Termination-by Owner 15.2 thru 15.4 Termination, Suspension of Work and- in general 15 Tests and Inspections 13.3 thru 13.7 Time, Change of Contract 12 Time, Computation of 17.2 Uncovering Work 13.8, 13.9 Unit Prices 11.3.1 gc-vi INDEX TO GENERAL CONDITIONS Article of Paragraph Number Unit Prices, Adjustment of 11.9 Use of Premises 6.16, 6.17, 6.18 Values, Schedule of 14.1 Visits to Site -by Engineer 9.2 Waiver of Claims - on Final Payment 14.16 Warranty and Guarantee -by Contractor 13.1 Warranty of Title, Contractor's 14.3 Work, Access To 13.2 Work by Others - in general 7 Work, Cost of 11.4, 11.5 Work Continuing During Disputes 6.29 Work- definition of 1 Work-Neglected by Contractor 13.14 Work- Stopping by Contractor 15.5 Work- Stopping by Owner 15.1 thru 15.4 gc-vii GENERAL CONDITIONS ARTICLE I DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated(which are applicable to both the singular and plural thereof): Addenda- Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment- The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. Bid- The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds - Bid, performance and payment bonds and other instruments of security. Change Order-A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion or revision in the Work and/or adjustment in the Contract Price of the Contract Time issued after the effective date of the Agreement. Contract Documents - The Agreement, Addenda(which pertain to the Contract Documents), CONTRACTOR'S Bid(including documentation accompanying the bid and any post-Bid documentation submitted prior to the Notice of Award)when attached as an exhibit to the Agreement, the Bonds, the General Conditions, the Special Conditions, the Drawings (as the same are more specifically identified in the Agreement), together with all Modifications issued after the execution of the Agreement. Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement. Contract Time - The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of Work. Contractor- The person, firm or corporation with whom OWNER has entered into this Agreement. Day- A calendar day of twenty-four(24) hours measured from midnight to the next midnight. GC-1 Defective -An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to Engineer's recommendation of final payment. Drawings -the drawings which show the character and scope of the Work to be performed and which have been prepared or approved by Engineer and are referred to in the Contract Documents. Effective Date of 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- Wherever the word"Engineer" occurs in these Contract Documents, the word shall signify the Town Engineer as designated by the Town of Avon to be the Engineer for the Work. Field Order-A written order issued by Engineer 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. General Requirements - Sections of Division 1 of the Specifications. Modification- (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or(c) a Field Order. A modification may only be issued after the effective date of the Agreement. Notice of Award- The written notice by Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. Notice to Proceed -A written notice given by Owner to Contractor(with a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligation under the Contract Documents. Owner- The public body or authority, corporation, association,partnership, or individual with whom Contractor has entered into the Agreement and for whom the Work is to be provided. Project- The total construction of which the Work to be provided under the contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative - The authorized representative of ENGINEER who is assigned to the site or any part thereof. 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 GC-2 material or equipment for some portion of the Work. Subcontractor- An individual, firm or corporation having a direct contract with CONTRACTOR or with any other subcontractor for the performance of a part of the Work at the site. Substantial Completion- The Work(or a specified part thereof) has progressed to the point where, in the opinion of the Engineer as evidenced by his definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work(or specified part) can be utilized for the purposes for which it was intended, including completion or resolution of all bid items; or if there be no such certificate issued, 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 labor and furnishing and incorporating materials and equipment into the construction all as required by the Contract Documents. END OF ARTICLE 1 GC-3 ARTICLE 2 PRELIMINARY MATTERS Delivery of Bonds: 2.1 When CONTRACTOR delivers the executed Agreements 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 ten copies (unless otherwise specified in the General Requirements) of the Contract Documents as are reasonably 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 to run on the thirtieth (30th) day after the effective date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth (90th) day after the day of Bid opening or the thirtieth(30th) day after the effective date of the Agreement. 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 Contact 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 Contact Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy that CONTRACTOR may discover. 2.6 Within ten days after the effective date of the Agreement (unless otherwise specified in the Special Conditions or General Requirements), CONTRACTOR shall submit to ENGINEER 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. OWNER may request phasing, schedule milestones, or other key intermediate, substantial, and final completion dates as described in the Special Conditions. 2.7 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER)which GC-4 CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.3 and 5.4; and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR)which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. Pre-Construction Conference: 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 Payments, and to establish a working understanding among the parties as to the Work. END OF ARTICLE 2 GC-5 ARTICLE 3 CONTRACT DOCUMENTS: INTENT AND REUSE Intent: 3.1 The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work. They may be altered only by a Modification. The Contract Documents constitute the entire agreement between the parties hereto, relating to the project, and they set forth the rights, duties and obligations of each to the other as of the date of execution thereof. Any prior or subsequent agreements,promises, negotiations, or representations of any nature, not expressly set forth in the Contract Document, are of no force or effect. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, he shall report it to ENGINEER in writing at once and before proceeding with the Work affected thereby. 3.3 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 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. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Bids (or on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the contract Documents) shall change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided for in paragraph 9.3. 3.4 The Contract Documents and any and all related matters thereto and thereunder shall be interpreted in accordance with the laws of the State of Colorado. 3.5 These Contract Documents shall inure to and be binding on the heirs, executors, administrators, successors and assigns of the parties thereto. Reuse of the 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 GC-6 ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. END OF ARTICLE 3 GC-7 ARTICLE 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1 OWNER shall furnish, as indicated in the Special Conditions, the lands upon which the Work is to be performed, rights-of-way or access thereto, and such other lands which area designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER,unless otherwise provided for in the Special Conditions. If CONTRACTOR believes that any delay in OWNER'S furnishing these lands or easements entitles him to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities for storage of materials and equipment. Physical Conditions - Investigations and Reports: 4.2 Reference is made to the Special Conditions for identification of these reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by ENGINEER in preparation of the Contract Documents. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. Unforeseen Physical Conditions: 4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially form those indicated or referred to in the Contract Documents. ENGINEER will promptly review those conditions and advise OWNER in writing if further investigation or tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional investigations and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such investigations or tests indicate that there are 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 shall be issued incorporating the necessary revisions. Reference Points: 4.4 All reference points which are necessary for CONTRACTOR to proceed with work are taken from existing structures and shown on the drawings. END OF ARTICLE 4 GC-8 ARTICLE 5 BONDS AND INSURANCE Performance and Other Bonds: 5.1 CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions. All Bonds shall be in the forms prescribed by the bidding documents or Special Conditions and be executed by such Sureties as (i) are licensed to conduct business in the state where the Project is located, and(ii) 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. Each Surety hereunder shall indicate in writing its state of incorporation, and if not registered to do business in Colorado, or licensed to write bonds in Colorado, shall indicate in writing these states where it is so registered and licensed. 5.2 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of clauses (i) and(ii) of paragraph 5.1, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be acceptable to OWNER. Contractor's Liability Insurance: 5.3 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 execution of the Work, whether such execution 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: 5.3.1 Claims under workmen's compensation, disability benefit and other similar employee benefits acts; 5.3.2 Claims for damages because of bodily injury and occupational sickness or disease, or death of the CONTRACTOR'S employees; 5.3.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the CONTRACTOR'S employees; 5.3.4 Claims for damages insured by usual personal injury liability coverage which are sustained(i) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or(ii)by any other person for any other reason; GC-9 5.3.5 Claims for damages, other than to the WORK itself,because of injury to or destruction of tangible property, including loss of use resulting therefrom; and, 5.3.6 Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 5.3.7 General Liability, Property Damage and Vehicle Expense The Insurance required by this paragraph shall include CONTRACTOR'S General Public Liability and Property Damage Insurance , including vehicle coverage issued to the CONTRACTOR and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him, or anyone directly or indirectly employed by the CONTRACTOR or by a Subcontractor under him. All insurance shall conform to the minimum limits as listed in the Special Conditions. 5.3.8 Workmen's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Contract the statutory Workmen's Compensation and Employee's Liability Insurance for all his employees to be engaged in Work on the Project under this Contract and, in case any such work is sublet, the CONTRACTOR shall require the Subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such Work, in accordance with the provisions of the Workmen's Compensation Act of the State of Colorado. 5.3.9 Fire and Standard Extended Coverage Insurance (Builder's Risk Insurance) Unless otherwise provided for in the Special Conditions, the CONTRACTOR will be required to maintain Fire and Extended Coverage Insurance on a 100 percent completed value basis on the insurable portion of the Project for the benefit of the OWNER, until the Project is completed and accepted by the OWNER. This provision shall not release the CONTRACTOR from his obligation to complete, according to plans and specifications, the Project covered by the Contract, and the CONTRACTOR and his Surety shall be obligated to full performance of the CONTRACTOR'S undertaking. 5.3.10 Certificates of Insurance Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the Work. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled unless at least fifteen(15) days prior written notice has been given to the OWNER. Contractual Liability Insurance: 5.4 The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR'S obligations under paragraphs 6.30 and 6.31. GC-10 Owner's Liability Insurance: 5.5 OWNER shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance 5.6 Unless otherwise provided in the Special Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof(subject to such deductible amounts as may be provided in the Special Conditions or required by law). This Insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in the Special conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property(including fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" Insurance or otherwise provided in the Special Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 shall contain a provision that the coverage afforded will not be canceled or materially changed until at least thirty(30) days prior written notice has been given to CONTRACTOR. 5.7 OWNER shall purchase and maintain such boiler and machinery insurance as may be required by the Special Conditions or by law. This Insurance shall include the interests of OWNER, CONTRACTOR and Subcontractors in the Work. 5.8 OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interest of CONTRACTOR or Subcontractors in the Work to the extent of any deductible amounts that are provided in the Special Conditions. If CONTRACTOR wishes property insurance coverage within the limits of such amounts, CONTRACTOR may purchase and maintain it at his own expense. 5.9 If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance, and the cost thereof shall be charged to CONTRACTOR by appropriate Change Order. Prior to commencement of the Work at the site, OWNER will in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.10 DELETED GC-11 Receipt and Application of Proceeds: 5.11 Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 shall be adjusted with OWNER and made payable to OWNER as trustee for the insured, as their interest may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.12. OWNER shall deposit in a separate account any money so received, and he shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order. 5.12 OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen(15) days after the occurrence of loss to OWNER'S exercise of this power. If such objection be made, OWNER as trustee shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest, OWNER as trustee shall upon the occurrence of an insured loss, give bond for the proper performance of his duties. Acceptance of Insurance: 5.13 If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents, OWNER will notify CONTRACTOR in writing thereof within ten(10) days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CONTRACTOR will notify OWNER in writing thereof within ten(10) days of the date of delivery of such certificates to CONTRACTOR in accordance paragraph 2.7. OWNER and CONTRACTOR will each provide to the other such additional information in respect of insurance provided by him as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by the other as complying with the Contract Documents. Partial Utilization-Property Insurance: 5.14 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the 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 canceled or lapse on account of any such partial use or occupancy. END OF ARTICLE 5 GC-12 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, but CONTRACTOR shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedures of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, 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 Special Conditions, 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. 6.3.1 PROHIBITION AGAINST EMPLOYMENT OF ILLEGAL ALIENS A. The Contractor shall not: 1. Knowingly employ or contract with an illegal alien to perform work under this public contract for services; or 2. Enter into a contract with a Subcontractor that fails to certify to the Contactor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract for services. B. The Contractor has verified or attempted to verify through participation in the basic pilot employment verification program (created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended ("basic pilot program")) GC-13 that the Contractor does not employ any illegal aliens and, if the Contractor is not accepted into the basic pilot program prior to entering into a public contract for services, that the Contractor shall apply to participate in the basic pilot program every three months until the Contractor is accepted or the public contract for services has been completed, whichever is earlier. This provision shall not be required or effective if the basic pilot program is discontinued. C. The Contractor shall not use basic pilot program procedures to undertake pre- employment screening of job applicants while this public contract for services is being performed. D. If the Contractor obtains actual knowledge that a Subcontractor performing work under this public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall: 1. Notify the Subcontractor and the contracting state agency or political subdivision within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the Subcontractor if within three days of receiving the notice required pursuant to paragraph 4(A) 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 Contract shall comply with any reasonable request by the Colorado Department of Labor and Employment("the Department") made in the course of an investigation that the Department is undertaking pursuant to C.R.S. §8-17.5-102(5)(a). F. If a Contractor violates a provision of the public contract for services required pursuant to paragraphs 1-5, the Town may terminate the contract for breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the Town. 6.4 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operations and completion of Work. 6.5 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 6.6 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. Equivalent Materials and Equipment: GC-14 6.7 Whenever materials or equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers fabricators, suppliers or distributors may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent to that named. The procedure for review by ENGINEER will be as set forth in paragraphs 6.7.1 and 6.7.2 below as supplemented in the General Requirements or Special Conditions. 6.7.1 Requests for review of substitute items of material and equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design,be similar and of equal substance to that specified and be suited to the same use as and capable of performing the same function as specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the Contract Documents 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 that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data about the proposed substitute. ENGINEER will be the sole judge of acceptability and no substitute will be ordered or installed without ENGINEER'S prior written acceptance. OWNER may require CONTRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. 6.7.2 ENGINEER will record time required by ENGINEER and ENGINEER'S consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S consultants for re-evaluating any proposed substitute. Concerning Subcontractors: 6.8 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment) whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award will be deemed acceptable to OWNER GC-15 and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. If OWNER or ENGINEER after due investigation has reasonable objection to any Subcontractor, 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. 6.9 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 any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any Subcontractor or other person or organization except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done. 6.10 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. 6.11 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 through 5.8. Patent Fees and Royalties: 6.12 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 ENGINEER 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 ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' 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 GC-16 alleged infringement of such rights. Permits: 6.13 Unless otherwise provided in the Special Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and license. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of utility service companies for connections to the Work, and OWNER shall pay all charges of such companies for capital costs related thereto. Laws and Regulations: 6.14 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If CONTRACTOR observes that the Contract Documents are at variance therewith, CONTRACTOR shall give ENGINEER 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, ordinance, rules and regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR'S primary responsibility to make certain that the Contract Documents are in accordance with such laws, ordinances, rules and regulations. Taxes: 6.15 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. All bids shall include all such taxes with no adjustment for any refund the OWNER will receive. The CONTRACTOR shall maintain and furnish to the OWNER, records, as required by governmental regulations of sales taxes paid to enable recovery of the same by the OWNER. Use of Premises: 6.16 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. 6.17 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. GC-17 6.18 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19 CONTRACTOR shall keep one record copy of all Contract Documents, Addenda, Modifications, Shop Drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be available to ENGINEER for examination and shall be delivered to ENGINEER for OWNER upon completion of the Work. Safety and Protection: 6.20 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: 6.20.1 all employees on the Work and other persons who may be affected thereby; 6.20.2 all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3 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 and regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part,by CONTRACTOR, any Subcontractor or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR(except damage or loss attributable to the fault of the Contract Documents or to the sole acts or omissions of OWNER, or anyone employed by OWNER, or anyone whose acts OWNER may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable. 6.21 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. Emergencies: GC-18 6.22 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instructing or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. Shop Drawings and Samples: 6.23 After checking and verifying all field measurements, CONTRACTOR shall submit to ENGINEER for review and approval, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8), five copies (unless otherwise specified in the General Requirements or Special Conditions) of all Shop Drawings, which shall have been checked by and stamped with approval of CONTRACTOR and identified as ENGINEER 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 ENGINEER to review the information as required. 6.24 CONTRACTOR shall also submit to ENGINEER 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, any pertinent catalog numbers and the use for which intended. 6.25 At the time of each submission, CONTRACTOR shall in writing call ENGINEER'S attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents. 6.26 ENGINEER will review and approve with reasonable promptness Shop Drawings and samples,but ENGINEER'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 precaution or 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 ENGINEER and shall return the required number or 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 ENGINEER on previous submittals. CONTRACTOR'S stamp of approval on any Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER 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. 6.27 Where a Shop Drawing or sample is required by the Contract Documents, no related Work shall be commenced until submittal has been reviewed and approved by ENGINEER. GC-19 6.28 ENGINEER'S review and approval of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any deviations from the Contract Documents unless CONTRACTOR has in writing called ENGINEER'S attention to such deviation at the time of submission and ENGINEER has given written concurrence or approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings. Continuing the Work: 6.29 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: 6.30 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including but not limited to attorney's fees arising out of or resulting from the performance of the Work,provided that such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself), including the loss of use resulting therefrom, and (b) is caused in whole or in party by an negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by and of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 6.31 In any and all claims against OWNER or ENGINEER or any of their agents or employees by any employee of CONTRACTOR, and 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 6.30 shall not be limited in any way to any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32 The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. END OF ARTICLE 6 GC-20 ARTICLE 7 WORK BY OTHERS 7.1 OWNER may perform additional work related to the Project himself, or have additional work performed by utility service companies, or let other direct contracts therefore which shall contain General Conditions similar to these. CONTRACTOR shall afford the utility service companies and the other contractors who are parties to such direct contracts (or OWNER, if OWNER is performing the additional work with OWNER'S employees) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends for proper execution or results upon the work of any such other contractor or utility service company(or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER 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 so to 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 ENGINEER 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 therefor as provided in Articles 11 and 12. END OF ARTICLE 7 GC-21 ARTICLE 8 OWNER'S RESPONSIBILITIES 8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER unless otherwise stated in the Special Conditions. 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an ENGINEER against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4 OWNER'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1.and 4.4. Paragraph 4.2 refers to OWNER'S identifying and making available to CONTRACTOR copies of reports of investigation and tests of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Contract Documents. 8.5 OWNER'S responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.7. 8.6 In connection with OWNER'S rights to request changes in Work in accordance with Article 10, OWNER(especially in certain instances as provided in paragraph 10.4) is obligated to execute Change Orders. 8.7 OWNER'S responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4 8.8 In connection with OWNER'S right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER'S right to terminate services of CONTRACTOR under certain circumstances. END OF ARTICLE 8 GC-22 ARTICLE 9 ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1 ENGINEER will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Clarifications and Interpretations: 9.3 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER 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 therefor as provided in Article 11 or Article 12. Rejecting Defective Work: 9.4 ENGINEER 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 provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.5 In connection with ENGINEER'S responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29, inclusive. 9.6 In connection with ENGINEER'S responsibilities as to Change Orders, see Articles l 0, 11 and 12. GC-23 9.7 In connection with ENGINEER'S responsibilities in respect to Applications for Payment, etc., see Article 14. Project Representation: 9.8 ENGINEER may appoint a Resident Project Representative to assist in observing the performance of the work. If so appointed, the Resident Project Representative will be the ENGINEER'S agent and will act as directed by and under the supervision of ENGINEER and will confer with ENGINEER regarding his actions. The Resident Project Representative's dealings in matters pertaining to the on-site Work shall, in general, be only with ENGINEER and CONTRACTOR, and dealings with subcontractors shall only be through CONTRACTOR. As ENGINEER'S Agent, the Resident Project Representative will: A. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S Superintendent and assist him in understanding the intent of the Contract Documents. B. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. C. Report to ENGINEER whenever he believes that any Work is unsatisfactory, faulty, defective, does not conform to the Contract Documents, does not meet the requirements, inspections, tests, or approval required to be made, or has been damaged prior to final payments. He will also advise ENGINEER when he believes Work should be corrected or rejected, should be uncovered for observation, or requires special testing, inspection, or approval. D. Verify that tests, equipment and systems startups, and operating and maintenance instructions are conducted as required by the Contract Documents and in the presence of the required personnel, and that CONTRACTOR maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. E. Accompany visiting inspectors, representing public or other agencies having jurisdiction over the Project, and report the outcome of these inspections to ENGINEER. F. Transmit, to CONTRACTOR, ENGINEER'S clarifications and interpretations of the Contract Documents. G. Consider and evaluate CONTRACTOR'S suggestions for modifications in Contract Documents and report them, with recommendations, to ENGINEER. H. Furnish ENGINEER periodic report of progress of the Work and contractor's compliance with the approved progresses schedule. GC-24 As ENGINEER'S Agent, the Resident Project Representative, except upon written instructions of ENGINEER, will not: A. Authorize any deviation from the Contract Documents or approve any substitute materials or equipment. B. Exceed limitations on ENGINEER'S authority, as set forth in the Contract Documents. C. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent, or expedite the Work. D. Advise on, or issue directions relative to, any aspect of the means, methods, techniques, sequences, or procedures of construction, unless such is specifically called for in the Contract Documents. E. Advise on or issue directions as to safety precautions and programs in connection with the Work. F. Authorize OWNER to occupy the Project in whole or in part. G. Participate in specialized field or laboratory tests. Decisions and Disagreements: 9.9 ENGINEER will be initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work shall be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to ENGINEER and the other party to the Agreement within fifteen(15) days of the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within forty-five (45) days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. In his capacity as interpreter and judge, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.10 The rendering of a decision by ENGINEER pursuant to paragraph 9.9 with respect to any such claim, dispute or other matter(except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or at law in respect of any such claim, dispute or other matter. GC-25 Limitations on ENGINEER'S Responsibilities: 9.11 Neither ENGINEER'S authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER 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. 9.12 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 adjective of like effect or import are used to describe requirement, direction, review or judgement of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgement 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 the ENGINEER shall have authority to undertake responsibility contrary to the provisions of paragraphs 9.13 or 9.14. 9.13 ENGINEER will not be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 9.14 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractors, 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. END OF ARTICLE 9 GC-26 ARTICLE 10 CHANGES IN THE WORK 10.1 Without invalidating the Agreement, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2 ENGINEER 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. This 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 therefor 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 6.22 and except as provided in paragraphs 10.2 and 13.9. 10.4 OWNER shall execute appropriate Change Orders prepared by ENGINEER 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 11.9 or 11.10, or because of any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is recommended by ENGINEER. 10.5 If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be CONTRACTOR'S responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. CONTRACTOR shall furnish proof of such adjustment to OWNER. END OF ARTICLE 10 GC-27 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 ENGINEER within fifteen(15) days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five (45) days of such occurrence unless ENGINEER allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. 11.3 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: 11.3.1 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 11.9). 11.3.2 By mutual acceptance of a lump sum. 11.3.3 On the basis of the cost of the Work(determined as provided in paragraphs 11.4 and 11.5)plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4 The term Cost of the Work means the sum of 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 of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR 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, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and GC-28 foremen at the site. The expenses of performing work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and the storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3 Payments made by CONTRACTOR to the Subcontractor 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 advise of ENGINEER, which bids will be accepted. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work 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. 11.4.4 Costs of special consultants (including,but not limited to, engineers, architects, testing laboratories, surveyors, lawyers and accountants) employed for services specifically related to the Work. 11.4.5 Supplemental Costs including the following: 11.4.5.1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. 11.4.5.2 Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of the CONTRACTOR. 11.4.5.3 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 advise of ENGINEER, 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. 11.4.5.4 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.4.5.5 Deposits lost for causes other than CONTRACTOR'S negligence, royalty payments and fees for permits licenses. GC-29 11.4.5.6 Losses and damages (and related expenses), not compensated by insurance or otherwise to the Work or otherwise sustained by CONTRACTOR in connection with the execution of the Work, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the cost of the Work for the purpose of determining CONTRACTOR'S Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8 Minor expenses, such as facsimiles, cellular phones, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9 Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5 The term Cost of the Work shall not include any of the following: 11.5.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants and 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 11.4.1., all of which are to be considered administrative costs covered by the CONTRACTOR'S Fee. 11.5.2 Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the site. 11.5.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work charges against CONTRACTOR for delinquent payments. 11.5.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for additional Bonds and insurance required because of changes in the Work). 11.5.5 Costs due to the negligence 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. 11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. GC-30 CONTRACTOR's Fee: 11.6 The CONTRACTOR'S Fee allowed to CONTRACTOR for Overhead and profit shall be determined as follows: 11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon; 11.6.2 a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1 for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR'S Fee shall be ten(10)percent, 11.6.2.2 for costs incurred under paragraph 11.4.3, the CONTRACTOR'S Fee shall be five (5)percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten (10) percent, and 11.6.2.3 no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5. 11.7 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 overhead and profit shall be figured on the basis of the net increase, if any. Adjustment of Unit Prices: 11.8 Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.9 The OWNER reserves the right to make such changes in quantity of work as are deemed necessary or advisable without changing the unit bid prices shown in the Bid Form. Cash Allowances: 11.10 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 ENGINEER. Upon final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as CONTRACTOR deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid. END OF ARTICLE 11 GC-31 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 ENGINEER within fifteen(15) days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five (45) days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the contract time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 12.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall include,but not be limited to, acts or neglect by OWNER or others performing additional Work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. END OF ARTICLE 12 GC-32 ARTICLE 13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Access to the Work: 13.2 ENGINEER and ENGINEER'S representative, 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 ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4 If any law, ordinance, rule, regulation, code or other of any public body having jurisdiction requires any WORK(or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER'S or ENGINEER'S acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation in 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 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR(or by ENGINEER if so specified). 13.6 If any Work that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR'S intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7 Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the GC-33 Contract Documents. Uncovering Work: 13.8 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER'S observation and replaced at CONTRACTOR'S expense. 13.9 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR at ENGINEER'S request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation of additional professional service, 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 if he makes a claim therefor as provided in Articles 11 and 12. Owner May Stop the Work: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workman 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 ENGINEER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with non-defective Work. 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 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 form 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 of additional professional GC-34 service, 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 ENGINEER'S recommendation of final payment) prefers to accept it, OWNER may do so. In such case, if acceptance occurs prior to ENGINEER'S recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction 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 ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER 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(7) 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 or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER'S representatives, agents and employees such access to the site 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 ENGINEER, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER'S rights hereunder. END OF ARTICLE 13 GC-35 ARTICLE 14 PAYMENTS TO CONTRACTOR AND COMPLETION Schedules: 14.1 At least ten(10) days prior to submitting the first Application for progress payment, CONTRACTOR shall (except as otherwise specified in the General Requirements or Special Conditions) submit to ENGINEER a progress schedule, a final schedule or Shop Drawings submission and where applicable a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER. 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 ENGINEER, it shall be incorporated into a form of Application for Payment acceptable to ENGINEER. Application for Progress Payment: 14.2 At least ten(10) days before each progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER 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 ENGINEER 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 the CONTRACTOR'S obligations reflected in prior Applications for Payment. The OWNER shall retain five (5%)percent of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. Prior to Substantial Completion, progress payments will be made in an amount equal to 95% of Work completed, with the balance being retainage. The withheld percentage of the contract price shall be retained until the contract is completed satisfactorily and finally accepted by OWNER. When the value of work completed has progressed to fifty(50%)percent of the Contract amount, and in the OWNER'S opinion satisfactory progress and quality of work is being maintained, the OWNER may elect, at his sole discretion, not to withhold additional retainage for the remainder of the work. The five (5%)percent retainage of the value of work completed may be reinstated if, in the OWNER'S opinion, the lack of progress or other substantial reasons exist. GC-36 CONTRACTOR'S Warranty of Title: 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Applications for Payment, whether incorporated in the Project or not, will pass to OWNER at the time for 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 ENGINEER will, within fifteen(15) 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 ENGINEER'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within thirty(30) days of presentation to him of the Application for Payment, with ENGINEER'S recommendation,pay CONTRACTOR the amount recommended. 14.5 ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER'S on-site observations of the Work in progress as an experienced and qualified design professional and on ENGINEER'S review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of ENGINEER'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, 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, ENGINEER 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 the 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 moneys 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. The quantities for which Payment will be made shall be those shown in the BID FORM, provided the project is constructed essentially in accordance with the plans and specifications. Authorized changes will be field measured by Engineer and the accepted work will be paid for at the contract bid price per unit. Payment shall be made at the unit price or lump sum amount, as shown in the CONTRACTOR'S Bid, for applicable items of work. Items of work required to complete the project in accordance with the plans and specifications and for which no specific bid item appears in the Contract Documents shall not be paid for separately,but shall be included in the GC-37 prices shown in the Contractor's Bid for applicable items of work. 14.6 ENGINEER'S recommendation of final payment will constitute an additional representation by ENGINEER 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 ENGINEER 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 ENGINEER'S opinion to protect OWNER from loss because: 14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement; 14.7.2 written claims have been made against OWNER or Liens have been filed in connection with the Work; 14.7.3 the Contract Price has been reduced because of Modifications; 14.7.4 OWNER has been required to correct defective Work or to 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, material or equipment. Substantial Completion: 14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall, in writing to OWNER and ENGINEER, certify that the entire Work is substantially complete and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the work to determine the status of Completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing, giving his reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER 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(7) days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will GC-38 within fourteen(14) days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefor. If, after consideration of OWNER'S objections ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen (14) 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 the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities and insurance. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to his issuing the definitive certificate of Substantial Completion, ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion,but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10 Use by Owner of completed portions of the Work may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any part of the Work which OWNER believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing, giving his reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, ENGINEER 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 that part of the Work, ENGINEER 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 and so informed ENGINEER. OWNER shall have the right to exclude CONTRACTOR from any part of the Work which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete GC-39 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 useable; 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 prior to compliance with the requirements of paragraph 5.14 with respect of property insurance. Final Inspection: 14.11 Upon written notice from CONTRACTOR that the Work is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: 14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents and other documents, all as required by the Contract Documents and after ENGINEER has indicated that the work is acceptable (subject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the procedures 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 ENGINEER may reasonably require, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that releases and receipts include all labor, services, material and equipment of which a 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 against any Lien. Final Payment and Acceptance: 14.13 If, on the basis of ENGINEER'S observations of the Work during construction and final inspection, and ENGINEER'S review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, ENGINEER is GC-40 satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, ENGINEER will, within ten (10) days after receipt of the final Application for Payment, indicate in writing his recommendation for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. If the application and accompanying documentation are appropriate as to form and substance, OWNER shall, within thirty(30) days after publication of the completion notice for the project,pay CONTRACTOR the amount recommended by ENGINEER, if there are no outstanding claims at that time. 14.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR'S final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR'S Continuing Obligation: 14.15 CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents may be absolute. Neither recommendation of any progress or final payment by ENGINEER, 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 ENGINEER 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: 14.16 The making and acceptance of final payment shall constitute: 14.16.1 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. GC-41 END OF ARTICLE 14 GC-42 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(90) days by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall resume. CONTRACTOR will 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 provided in Articles 11 and 12. Owner May Terminate: 15.2 Upon the occurrence of any one or more of the following events: 15.2.1 if CONTRACTOR is adjudged in bankrupt or becomes insolvent; 15.2.2 if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.3 if a trustee or receiver is appointed for CONTRACTOR or for any of CONTRACTOR'S property; 15.2.4 if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws; 15.2.5 if CONTRACTOR repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment; 15.2.6 if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment; 15.2.7 if CONTRACTOR disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction; 15.2.8 if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9 if CONTRACTOR otherwise violates in any substantial way any provision of the Contract Documents, OWNER may after giving CONTRACTOR and his surety seven(7) days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and all of 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 else where, and finish the Work as OWNER may deem GC-43 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 ENGINEER 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 right of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven(7) days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. 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(90) days by Owner or under an order of court or other public authority, or ENGINEER fails to act on any Application of Payment within thirty(30) days to pay CONTRACTOR any sum finally determined to be due, the CONTRACTOR may,upon seven (7) days written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or Owner has failed to make any payment as aforesaid, CONTRACTOR may upon seven(7) days notice to OWNER and ENGINEER stop the Work until Payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of his obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. END OF ARTICLE 15 GC-44 ARTICLE 17 MISCELLANEOUS Giving Notice: 17.1 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 addresses as shown on the Construction Agreement or to the last business address known to the giver of the notice. The CONTRACTOR, OWNER, or the ENGINEER may change an address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Computation of Time: 17.2 When any period of time is referred to in the Contract Documents by days, it shall 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: 17.3 Should OWNER or CONTRACTOR suffer injury 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 observance of such injury or damage. 17.4 The duties and obligations imposed by these General Conditions the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed under CONTRACTOR by paragraphs 6.30, 13.1, 13.11, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER 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 the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, 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. Assignment: 17.5 Neither the Contract Documents nor any rights or duties hereunder may be assigned or GC-45 delegated to any other person or entity by any party hereto without the express written consent of the other affected parties hereto. END OF ARTICLE 17 GC-46 SCOPE OF SERVICES AND GENERAL REQUIREMENTS The Town is requesting bids for installation new tile for the locker rooms of the Avon Recreation Center as shown in Attachment C. The locker rooms are currently closed to the public in order to minimize guests and employee's exposure to the COVID-19 virus. All Work must be completed before November 25, 2020. The following are details for the work: 1. The tile shall be Daltile, Keystone color/pattern: Urban Speckle 1" x 1" D201. Base tiles shall be used at the horizontal and vertical transition. 2. The tile shall be installed per manufacturer's recommendation, as outlined at www.datile.com 3. The grout shall be dark brown, standard cement grout, ANSI A118.6. 4. Please submit thin set adhesive product information before work starts. It must be compatible with the existing flooring and new tile. 5. A mock up is required before the project commences. 6. The new tile surface must drain to the floor drains. The existing glass bead epoxy floor will have to be removed and the floor leveled to remove existing puddles. 7. The tile will extend 8" vertically on all walls and locker seating benches. At the seating benches, the tile will need a transition with the existing tiles above 8". In some areas, the corners will have to ground to even the transition. 8. Adjust floor drains frame and strainer to be flat with the top of tile and replace the strainer. 9. The contractor shall provide the tile and all other materials for the project. 10. The locker room walls will be painted with Sherwin Williams Pro Industrial Pre-Catalyzed Water based Epoxy Eg-Shell. At least 2 coats will be required, and the color will be Languid Blue. 11. Install partitions as shown on plan including showers, bathrooms and 2 family changing rooms. The shower partitions will include changing rooms and the contractor must provide towel hooks. They will be floor mounted with overhead cross braced pillars and a seat in the changing area. A quote with the floor layout from Scranton Products is attached. The Town will consider an approved equal. 12. The lockers will be manufactured by Ideal Products, Inc., Ontario, CA. The manufacturer's specification data is attached. The Town will consider an approved equal. 13. The Town of Avon Independent Contractor Agreement will be used and is attached. The agreement outlines the Town's insurance requirements. 14. The contractor shall provide for a 2-year warranty for the workmanship. INSTALLATION A. Comply with TCNA's "Handbook for Ceramic, Glass, and Stone Tile Installation" for TCNA installation methods specified in tile installation schedules. Comply with parts of ANSI A108 Series "Specifications for Installation of Ceramic Tile" that are referenced in TCNA installation methods, are specified in tile installation schedules, and apply to types of setting and grouting materials used. B. Perform cutting and drilling of tile without marring visible surfaces. Carefully grind cut edges of tile abutting trim, finish, or built-in items for straight, aligned joints. Fit tile closely to electrical outlets, piping, fixtures, and other penetrations so plates, collars, or covers overlap tile. C. Lay tile in grid pattern unless otherwise indicated. Align joints where adjoining tiles on floor, base, walls, and trim are the same size. G. Install stone thresholds in same type of setting bed as adjacent floor unless otherwise indicated. At locations where mortar bed (thickset) would otherwise be exposed above adjacent floor finishes, set thresholds in latex-portland cement mortar (thinset). H. Interior Floor Tile Installation Method(s): 1. Over Concrete Subfloors: TCNA F115; thinset mortar, epoxy grout . 2. Over Waterproof Membranes on Concrete Subfloors: TCNA F122; thinset mortar. I. Interior Wall Tile Installation Method(s): 1. Over Wood or Metal Studs or Furring: TCNA W244C or TCNA W244F; thinset mortar on cementitious backer units or fiber-cement underlayment. 2. Shower Receptor and Wall Installations: TCNA B415; thinset mortar on cementitious backer units or fiber-cement underlayment. 9. 113.40 COVlR iH! t 11RTHP RO i , PRE-CATALYZED SHERWIN TM WATERBASED EPDXY WILLIAMS. • EG-SHEL As of 05/04/2018,Complies with: OTC Yes LEED°09 NC,CI Yes K45W01151 Extra White OTC Phase II Yes LEED°09 CS Yes K45W01153 Deep Base SCAQMD Yes LEED9V4Emission Yes K45T01154 Ultradee Base CARB Yes LEED°V4 VOC Yes p CARB SCM 2007 Yes - . . _ _ .. . __ • Canada Yes MPI Yes --- CHARACTERISTICS RECOMMENDED SYSTEMS Pro Industrial Pre-Catalyzed Waterbased Block Steel,Aluminum,Galvanized Eg-Shel Epoxy is a single-component pre— 1ct. Pro Industrial Heavy Duty Block Filler 1ct. Pro Industrial Pro-Cryl Primer catalyzed waterborne acrylic epoxy that offers 2cts. Pro Industrial Pre-Catalyzed Epoxy Or the adhesion, durability and resistance to 1ct. Pro Industrial DTM Primer/Finish stains and most cleaning solvents usually Drywall 2cts. Pro Industrial Pre-Catalyzed Epoxy characteristic of two-component waterborne 1 ct. ProMar 200 Zero VOC Primer acrylic epoxy products. 2cts.Pro Industrial Pre-Catalyzed Epoxy Wood This product can be applied over a wide 1ct. Premium Wall and Wood Primer variety of primers on properly prepared interior Masonry 2cts. Pro Industrial Pre-Catalyzed Epoxy metal,wood,masonry,plaster and drywall. 1 ct.Loxon Concrete&Masonry Primer • Interior institutional/commercial high maintenance areas 2cts. Pro Industrial Pre-Catalyzed Epoxy • Upgrade surfaces painted with conventional coatings • High performance protection system with excellent adhesion System Tested:(unless otherwise indicated) • Chemical resistant Substrate: Steel • Institutional dining and kitchen areas,Hospitals and Schools Surface Preparation: SSPC-SP6 • Suitable for use in USDA inspected facilities Primer: 1 ct. Pro Industrial DTM Acrylic Primer Finish Color: most colors Finish: 1 ct. Pro Industrial Pre-Catalyzed Epoxy Eg-Shel Extra White, K45W01151 Recommended Spread Rate per coat: Adhesion Pencil Hardness: 4.0 mils wet;1.4 mils dry Method: ASTM D3359 Method: ASTM D3363 350-400 sq ft/gal Result: 5B Result: 2B NOTE: Brush or roll application may require multiple Darker colors require longer cure time for same level coats to achieve maximum film thickness and of adhesion uniformity of appearance. Drying Time @ 4.0 mils wet,50%RH,77°F: temperature and humidity dependent Block Resistance: Scrub Resistance Touch: 1 hour (7 day cure @ 3 mil DFr). Method: ASTM D2486 Recoat: 8 hours Lab Assessment Excellent Result: 500-600 cycles Drying time is temperature, humidity, and film with Stiff Bristle Brush and Pumice Scrub thickness dependent.If this product dries 72 hours or Media,with shim longer it must be sanded before it is recoated.This Water Vapor Permeance product is fully dry in approximately 5-7 days. Based on ASTM D 1653 15.17 Perms Finish: Eg-Shel 15-25 units@ 60° 25-35 units @ 85° Chemical Resistance: Stain Resistance: Shelf Life: 36 months,unopened 1 hour exposure,direct to dry film 1 hour exposure,direct to dry film Tinting with CCE: (28 day cure) (4 day cure) Use SherColor Formulation System Excellent Resistance • Excellent Resistance • Extra White K45W01151 Limited Resistance x Limited Resistance x (may vary by base) VOC(less exempt solvents): Distilled water room temperature • Mustard • <50 g/L;.42 lb/gal Ethanol • Grape Juice • Volume Solids: 36±2% 10%Acetic Acid • Red Crayon • Weight Solids: 50±2% 25%Sodium Hydroxide • Lipstick, Red x Weight per Gallon: 10.57 lb±0.2 lb 50%Sulfuric Acid • Ink x Flash Point: N/A 5%Phosphoric Acid • Coffee • 10%Hydrochloric Acid • Tea • Methanol • Ketchup • Mildew Resistant This coating contains agents *Motor oil/Vegetable oil which inhibit the growth of mildew on the surface of *Mineral Spirits • this coating film. *2 hour exposure 05/2018 www.sherwin-williams.com continued on back llifitag PRODUCTS, INC. P.O.BOX 4090 ONTARIO,CA 91761-TEL:(951)727-8600 FAX:(951)727-8609-WWWIDEALOCKERS C'Y MANUFACTURER'S SPECIFICATION DATA CUSTOMER: City of Avon PO# JOB: City of Avon DATE: REVISED: June 11, 2020 84 Frames of Ideal 1000 Series Model A2, Single Tier Lockers, 15x18x600D" PL, VT, EH, RP 83 Frames of Ideal 1000 Series Model N2, Standard Double Tier Lockers, 14x18x600D" PL, VT, EH, RP 23 Frames of Ideal 1000 Series Model A3, Single Tier Lockers, 22 1/2x18x24OD" PL, VT, EH, RP 3 Frames of Ideal 1000 Series Model A4, Single Tier Lockers, 15x18x24OD" PL, VT, EH, RP 23 Filler, 17 = 12x60" & 6 = 12x84" 4 Filler Panels, 2 = 24x60" & 2 = 18x60" 5 5/8" Finished Spacer, 3= x60" & 2 = 84" 4 Single End Panels, 16 5/8x84" 6 Single End Panel, 16 5/8x60" with Slope Tops, 2= (LH) & 4= (RH) 5 Double End Panel, 33 1/4x60" with Slope Top 6 Finished Back Panels, 2 = 42 3/8x66 1/8" & 4 = 48x66 1/8" 42 20° Slope Top Sections, 17 3/4x48" 11 20° Slope Top Corner Sets, 17 3/4x48x48" 4 Corner Cap, 24x24" 46 Finished Bases, 1 1/2x16 5/8x72" — Sides to be finished = Include side finishing material for field install, 10 = 2x16 11/16" & 5 = 2x33 3/8". Doors (PL) 3/4" Fire Retardant High Pressure VG. .028" Plastic Laminate. Color: Formica 7008-43, Mahogany Finish Artisan Edging (VT) Polyethylene Vinyl T-Molding Color: Black Hinges (EH) Heavy duty, 2 3/4" five knuckle exposed, institutional style hinges, Black enamel finish. Sides 5/8" PB with 6mi1 frosty white vinyl. Back 1/4" MDF with 6mi1 frosty white vinyl. Shelves 3/4" PB with black thermal fused melamine. Construction Blunt joint and nail. Substrate (PB) 48Ib density industrial grade particleboard. (MDF) Medium Density Fiberboard. Venting Rear panel ventilation. 1 of 2 (Cont'd) REV! DESCRIPTION I BY I DATE - 811/4' _ -I NOTE 20 5116_1 FRONT OF EXISTING LOCKERS. ,I I� _I INITIAL RELEASE I JTL 55/21/2020I _ DIMENSIONS PROVIDED OF —6015/16' _ FILLER ...au woEi•fewP.EousPNEw.REE.a. r ROE EU if'Y�£ it i { ,A.I.,r,.E.......=inN;:vI NCII, V.MRDI 6/112020 MSW wR:RwLO•SwfOUwW WOMEN'S SEP(LH) I_,W- I 7 LOCKERS ! dei I 'A 1 a I® ;1 I 'A 1393116' L_ 76' TI J— DEP- I r FILLER __42318'_ _ 48' __ _4B' _ T-- 18• I T fl I -I (FOP) I (FBP) i (FBP) -� ?\®©®©13 MIN.• -- 6 3/B 1 I �„8N. E®0®0®0® L�®�®0�1"�'� 6' MATERIAL LIST I I I ._IFILLER I"-SEP(RH) j 131 I b CITY. DESCRIPTION ® I .119 IR' 7r © 'gar IDEAL 1000 SERIES MODEL A2� MARKED'A2'= 31 FILLER PANEL `ry' 15X18X600D'(SINGLE TIER_) (18•6'1 IDEAL 1000 SERIES MODEL N2, : ® MARKED'N2'= 31 E 15X18X6000'(DOUBLE TIER) ^ ® MARKED"A3"= 9 IDEAL 1000 SERIES MODEL A3, �i 22 12X1BX240D'(SINGLE TIER) FILLER—'� MARKED'A4'= 2 IDEAL 1000 SERIES MODEL,A4 ® �, I 15X18X240D'(SINGLE TIER) 1 `J1118' ®©®©®©® -SEP(LH) ® 10 FILLERS I MIN. 6=12X60'8 4=12X84' 423/8' I 48' I 48' I 1 1 FILLER PANEL I (FBP)- --(FBP)----(FBP)--1 SEP(RH),=I I I . , _ 18X60' I. 139 3/16' -I -_- I 4 SINGLE END PANELS,W/SLOPE TOP SEPILHII (SEP)16 5/BX60'2=(LH)8 2=(RH) SEP f--" SINGLE END PANEL(SEP) _ , O C I I I -� 3 16 51BX84' �r ^' 3 SEP O' lia 1 DOUBLE END PANEL,W/SLOPE TOP m� ./FILLER 1.47P � t .. (DEP)33 1/4X60' _�18' R • g FINISHED BACK PANELS,(PEP) MIN. / FILLER 2 6 2=42318X60'84=4BX60' A2 N2 N2 A2 2 A2_ 1_ I=bJi-I N -1—I- N 20'SLOPE TOP SECTIONS, NOTE: 'a ` L— l . EumaimisI 13 17 3/4X48' 18X20'or 20MEB'MINIMUN G z /I 1! —. 5 20'SLOPE TOP CORNER SETS, w Z CORNER DIMENSIONS 1/ m i L _ 17 3/4X48X48' 0 - --A]----A3- O CORNER CAP, TYP CORNER �'3 m SEE SH.7 L-603/lr 1-22-- SEE SHT.7 2 24'X24' FILLER ag 139 3/16' 89 5/8' - FINISHED BASE,1 1/2X16 5/8X72' FINISHED SIDES= SEND SIDE 17 FINISHING MATERIAL LOOSE FOR FIELD INSTALL.(7)16 11/16'L.8(1)33 3/8'L P.O.BOX 4090 ONTARIO CA 91761 1 ILJ�� u TEL(951)727-B600 FAX'(951)72741609 �i { �� fills uii PRODUCTS,(INC. 22' - -- -RECOMMENDED PROJECT: P.O.6 BRAWN BY, (18'OR 20'MIN.) CITY OF AVON JTL CORNER DETAIL(TYP.) DATE: MAY 21,2020 I SHEET: 1 OF B !REV LOCKER.A4-\ -SEP LOCKER.Al- LOCKER.A3 , LOCKER,A3� / _-FILLER FILLER FILLER, -SEP �� 3 • 3 • ): 1111111� I�(FIELD SCRIBE) SEP , LOCKER A2 SEP LOCKER.A2- • •iLOCKER N2 • —�• 11111111LOCKER.A2 LOCKER.N2 IBASEFINISHED ) ) I I1i 112E FINISHED -(BARE FINISHED L—_\,-EXIST NG I I--EXISTING -EXISTING BASE BENCH BASE I BENCH BASE I BENCH BY OTHERS BY OTHERS BY OTHERS CID FRONT ELEVATION �1 FRONT ELEVATION v FRONT ELEVATION LOCKER.A3 LOCKER.A3- LOCKER.A4-\ LOCKER.A3\ SEP- ,\•). 3 • ) . -I FILLER FILLER�3', ) , -FILLER SEP-,•)'• 3 ) ) / FILLER FILLER-1,..; ) 1--FILLER •1 LOCKER,N2 1-LOCKER,N2 • -LOCKER.N2 LOCKER N2- �` ) ) ) - ) ) �•p/ �) I LOCKER A2 ) —) ) -1 LOCKER.A2 J3 3 --,-1 ) r LOCKER,A2 ) j I LOCKER.A2 `•) ) 11/7 FINISHED ) ^11?FINISHED ) 3 3 3 ) I-112-FINISHED ) +I112-FINISHED BASE BASE -. _- .' BASE K •�I BASE --\T+-EXISTING I \-EXISTING LEXISTING BASE/BENCH L EXISTING BASE,BENCH BASE/BENCH BY OTHERS BASE/BENCH BY OTHERS BY OTHERS BY OTHERS ®FRONT ELEVATION O FRONT ELEVATION S FRONT ELEVATION O FRONT ELEVATION P O BOX 4090 ONTARIO CA 91761 / / (951)727-8600 FAX(951)727-6609 l__WZI2IPTEL i RODUCTS INC. PROJECT: P.O.N bMWN SKI CITY OF AVON JTL DATE: MAY 21,2020 I SHEET. 3 OF 8 REV, WWI.vx i� r.uawO ‘ EXPOSED � a - � EDGEW wnNURSER MSC , a —,,,.•— ---f // I nwia uunAu aEen o,w¢ JI. wK�wExw �_ vExittwld—2"` I wnieeEe I" TV '- / eUCa MEI OE FAL DOORS FRONT SIDE INSIDE ACES IDEAL 1000 SERIES MODEL A3,22 1f2X18X240D'FL,VT,EH,.RP FOR LOCATION(SEE ELEVATION SHEET 3) r MOUww w•ou �°O$Fp _ .i1 .100. NUMB I /,RECESSED I 0 EDGs4 u Ir e.ao�iiw.�,•. —�e vr— e— w.wrwE!. xl FROSON•unmERIOR VOLITE n MASTIC e vEMnunw� �I �. �. wru,E !_,e-oo—J./ \ ,r VERTICAL ORAL WRwgn DOORS FRONT SIDE INSIDE HORVONIAL IDEAL 1000 SERIES MODEL A4,15X18X240D'PL VT,EH,RP FOR LOCATION(SEE ELEVATION SHEET 3) '1��/,!//�_,� /' P O.19BOX7-800 FAX.O19 CA 91781 U//', TEL(951)727-8600 FAX.(951)727-8809 ��i my ai PRODUCTS INC. PROJECT: P.O.0 DRAWN or; CITY OF AVON JTL DATE: MAY 21,2020 I SHEET: 5 OF 8 REV • i 1 C; 1 , EDGE —r I I \ ,;re.a:uu i \ \ aeu SC.. — r \ Mu.iCIN rc4. D.r Tor .,r.- ti, TYP.CORNER \ FILLER NOTCHES TO BE CUT 1 IN THE FIELD TO 1 i \" nxr \i MATCH CORNER FILLER wain I i 7 MALE 1 MC.PANEL r I `�• \ I .--24•—J�1/4•MDF Cam` 1 CORNER CAP l�► ''; - 5/6X3X6'CORNER CAP MOUNTS X4 TO BE CENTERED AND ATTACHED 1/4•DOWN FROM TOP OF LOCKER Ile Ur wuri -\ Mi WITH(2)WOOD SCREWS ,� CORNER DETAIL of / 'OrrKH maw WO/C �+�/� — P O BOX 4090 ONTARIO CA 9176`�J L i.—__ - oEEocwn TWO/C.erx TEL(951)727-8600 FAX(951)72743609 ""r'"m °""""""' rms WITH"°°°'r PRODUCTS,INC. BLIP) FINISHED BACK PANEL FINISHED BACK PANEL DETAIL PROJECT: P.O.R DRAWN Br; CITY OF AVON JTL DATE: MAY 21,2020 I SHEET, 7 OF 8 0 , o Sales Estimate �. =•= Date 6/12/2020 // / / PRODUCTS, INC. l000i 1 o• — Made in the USA 0 ti •�e Estimate# 43751 P.O.BOX 4090-ONTARIO,CA 91761 PH:(951)727-8600-FAX:(951}727-8609 Inquire about our New Dealer Support Program! WWW.IDEALOCKERS COM TO: CITY OF AVON SUBJECT: REVISED#3 JOHN CURUTCHET AVON,CO AVON,CO TELEPHONE# FAX#/E-MAIL 970-748-4059 JCURUTCHET@AVON.ORG We propose to furnish the following items: Qtv. Item Description Price Total 84 IDE1000A FRAMES OF IDEAL 1000 MODEL A SINGLE TIER, 15X18X600D", 180.00 15,120.00 PL,VT,EH,RP, HAT&SHOE SHELF 83 IDE1000N IDEAL 1000 MODEL N STANDARD DOUBLE TIER, 14X18X600D", 190.00 15,770.00 PL,VT,EH,RP 23 IDE1000A IDEAL 1000 MODEL A SINGLE TIER,22-1/2X18X240D",PL,VT,EH,RP 183.80 4,227.40 10 IDE1000A IDEAL 1000 MODEL A SINGLE TIER, 15X18X240D",PL,VT,EH,RP 173.80 1,738.00 227 STOP FEET OF 20 DEGREE SLOPED TOP 26.52 6,020.04 24 FBP FEET OF FINISHED BACK PANEL 32.00 768.00 23 FILLER 12X60"FILLER TO MATCH LOCKERS 32.00 736.00 4 FP (2)24X60" &(2)18X60"FILLER PANEL TO MATCH LOCKERS 64.00 256.00 10 SEP SINGLE END PANEL TO MATCH LOCKERS 78.00 780.00 5 DEP DOUBLE END PANEL TO MATCH LOCKERS 156.00 780.00 277 FB FEET OF 1-1/2"FINISHED BASE FRAME 3.35 927.95 1 FREIGHT ESTIMATED FREIGHT(CURBSIDE DELIVERY ONLY) 3,573.91 3,573.91 SPID1000 PALLETIZED FOR SHIPMENT-LOCKERS INCLUDE MAHOGANY 7008-43 0.00 0.00 3/4"FIRE RETARDANT HIGH PRESSURE PLASTIC LAMINATE DOORS, BLACK POLY VINYL EDGING,6 Mil FROSTY WHITE VINYL INTERIOR, REAR PANEL VENTILATION, HEAVY DUTY EXPOSED KNUCKLE HINGES,BLACK RECESSED PADLOCK HASP,DOUBLE PRONG CEILING HOOK&MINI SHELF(EXCLUDES 24"TALL), RECESSED NUMBER DISC, INSTALLATION HARDWARE AND INSTRUCTIONS. WARR3 THREE YEAR LIMITED WARRANTY FOR MATERIALS AND 0.00 0.00 WORKMANSHIP. LEAD PLEASE ALLOW 4 TO 6 WEEKS LEAD TIME TO SHIP 0.00 0.00 Respectfully submitted by: MATT HOPKINS Subtotal $50,697.30 Payment to be made as follows: 50%W/ORDER,BAL @ SHIP Sales Tax(0.00) $0.00 Signature&Date of Acceptance: Total $50,697.30 ACCEPTED.The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.Payment will be outlined as above. NOTE:This proposal may be withdrawn if not accepted within 60 days. # § 1011111'. \ 9"OA / 9 � Cl) m z z ] S kCD q ® 45 O A 45 O A ƒ -1 k CA k t 3 - « P. 7 C z I \ \ ƒ 5 0 0 -a n —I en cn - \ ® ° \ � \ CD % ® z ) 0 C 2 ® a ƒ \ 50 / 73 ' SE IV \ ƒ ° / $ � § X _ O. o \ jb \ § \ \ k cn rn 0 = I V ) / = \ " 1.3 / § r ® zIs) -O. 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E I si \ o. t _ 0 « ° E _ 68.75 &1 ff CD \ \ | ] § & = b m } / Bco E o § § 11 ol ) . `IF E47 a _ _ E 7 j K 7 / u -h § \ / > 11 illl C.4 \ 0 I / U \ §� 3 / = i HR a \ \ 0 / ) 2 K KJ �§ B - » 7 g * 1 / J, 61" OA } ( G E / ®§ B / [ 5 / \ \$it§ / 01 3 El c CO & R R ogg 0 0 / 24'E —I a / � C > 9 = |[ - ) ° 2 x (j - ^ � : 0 ? o 0 / \ \ Er § 3 ° CD f \ E a �aWNJ | CD \ - CD \ ±D. . �I$$2 \ a co \ o | ] (i7 ) ± . 0 « = - cn E -0 {/ƒ(/ J c k ik \/§ 17 k ) §k07T2 k 0 \ /5i ® a 2 §g (ƒ - C 2�m _f - / m m 9q /«E - 2 ( 22CDfCD 4 7— = _§ / \a) /§k 0 #E2= 2mma #4¥ 5 q§ e §@ E \ VICTOR DI GENERAL SUMMARY OF WORK BY ROOM(REFER TO SPECIFICATIONS FOR SPECIFIC PRODUCT INSTRUCTIONS AND REQUIREMENTS) GENERAL FLOOR PLAN NOTES: NOTE:THE NOTES BELOW ARE GENERAL NOTES AND NOT ALL-INCLUSIVE OF ALL WORK TO BE DONE. I. THE GENERAL CONTRACTOR,ALL SUBCONTRACTORS,AND ALL TRADES Homers Locker,Shower,and Changing Rooms, Men's Locker,Shower,and Changing Rooms: Family Change Rooms: SHALL REFER TO DRAWINGS ATTACHED TO MECHANICAL AND I. Install new acrylic flake floor system. I. Install new acrylic flake floor system. I. Install new acrylic flake floor system. ELECTRICAL DRAWINGS AND SPECIFICATIONS IN ORDER TO 2. Install new b"block walls as Indicated on the plans. 2. Install new b"block walls as Indicated on the plans. 2. Install new b"block walls as Indicated on the plans. FULLY DETERMINE THE REQUIREMENTS OF THE PROJECT 3. Construct new locker bases and benches. Install new lockers and benches 3. Construct new locker bases and benches. Install new lockers and benches 3. Construct new locker bases and benches. Install new AND COORDINATION OF THE TRADES. IF THERE ARE as shown on the drawings. as shown on the drawings. lockers and benches as shown on the drawings. ANY ERROR5,OMISSIONS,OR INCONSISTANCIES IN THE PLANS,IT SHALL BE 4. Modify Ceiling for transition From Wet Area to Dry Area. In Dry areas 4. Modify Ceiling for transition from Wet Area to Dry Area. In Dry areas 4. Repaint Plaster Ceiling with enamel pant. Modify ductwork THE SOLE RESPONSIBILTY OF THE CONTRACTOR TO maintain existing 9'-4"high acoustical ceiling. Modify tiles and ductwork as maintain existing 9'-4"high acoustical ceiling. Modify tiles and ductwork as as indicated on plans. NOTIFY THE ENGINEER IN WRITING IN ORDER TO indicated on the drawings. In the Wet Areas maintain plaster ceiling and paint indicated on the drawings. In the Wet Areas maintain plaster ceiling and paint 5.Reuse existing toilet,sink,and door in Family Changing RESOLVE THE ISSUES. THE ISSUE WILL BE RESOLVED with a water resistant enamel paint. Raise ceiling in Wet Area to be 9'-4" with a water resistant enamel paint. Raise ceiling In Wet Area to be 9'-4" Room 135. Retrofit toilet with autoflush mechanism. AT THE SOLE DISCRETION OF THE ENGINEER. throughout. Maintain exsiting sloped ceiling In the shower area. See sheet 6.1 throughout. Maintain exsiting sloped ceiling in the shower area. See sheet 6.1 6. Install shower partitions as shown on plan. ARCHITECT 5. Install new dry vanity with(4)Duplex GFI outlets. 5. Paint all walls. See specifications. 1. Provide tile In the shower walls to 8'-0"A.F.F.Refer to 2. ALL GYPSUM BOARD,TEXTURE,CORNER BEADS,AND PAINT TO MATCH PLANNING S. Install new toilet partitions as shown. Provide new toilet paper dispensers 6. Install new toilet partitions as shown. Provide new toilet paper dispensers specifications for Installation requirements. STYLE,QUALITY,AND STANDARDS EXISTING WITHIN THE SPACE SCABBLE SLAB TO PROVIDE as Indicated on the plans. as Indicated on the plans. 8. Replace shower valves as shown. AFTER REMOVAL OF DEMOLISHED WALLS. ALL SURFACES SHALL BE INTERIORS 1. Install new shower partitions as shown. Provide Hooks,Stainless Steel soa 1. Install new shower partitions as shown. Provide Hooks,Stainless Steel soap9. Add new floor drainsper mechanical drawings.(MI.I). RENEWED,PAINTED,AND REFINISHED TO MEET NEW WORK QUALITY LEVEL TRANSITION FROM p p P 9 SINCE 197 NEW SILIKAL ACRYLIC dispensers,benches,and curtains. Floor and ceiling mount all partitions unless dispensers,benches,and curtains. Floor and ceiling mount all partitions unless 10.Install new benches in changing rooms as shown. STANDARDS. FLAKE FLOOR noted otherwise. Refer to specifications for manufacturers'product information. noted otherwise. Refer to specifications for manufacturers'product Information. II.Paint all walls.See specifications. 3. ALL WALLS WITHIN THE LOCKER ROOMS AND CHANGING ROOMS TO IN CORRIDOR TO EXISTING 8. Provide tile in the shower walls to 8'-0"A.F.F. refer to specifications for 8. Provide tile In the shower walls to 8'-0"A.F.F. refer to specifications for RECEIVE NEW PAINT. A R C H I POOL DECK.ENSURE installation requirements. installation requirements. Other Rooms/Corridors TRANSITION SLOPE 15 LESS P. Relocate suitmate and waterfountain as shown. Provide direct drainage for 9. Relocate sultmate and waterfountain as shown. Provide direct drainage For 4. ALL FIRE PROTECTION SYSTEMS TO BE COMPLETED IN ACCORDANCE WITH THE THAN I/8"PER FOOT. SEAL suitmate Into plumbing line. Attach suitmate to plumbing line in accordance with suitmate Into plumbing line. Attach suitmate to plumbing line in accordance with corridor 122 TOWN OF AVON FIRE MARSHAL. ANY ISSUES THAT MAY ARISE REGARDING 0048 E BE TRANSITION PER Uniform Plumbing Code. Uniform Plumbing Code. I. Install new miracote floor system. FIRE PROTECTION SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER MANUFACTURERS O.New mirror os shown. 10. New mirror as shown. 2. Construct,paint and finish new wall to match existing walls In IN WRITING AND RESOLVED BY THE ENGINEER AND AVON FIRE MARSHAL. SPECIFICATIONS. I. Replace all shower valves;refer to specifications. II. Replace all shower valves;refer to specifications. corridor. 2. Replace all lavatory hardware;refer to specifications. 12. Replace all lavatory hardware;refer to specifications. 5. CONTRACTOR SHALL REMOVE PLUMBING FIXTURES AS INDICATED ON THE PLAN. CAP 3. Retrofit toilet valves with new autoflush battery operated mechanisms. 13. Retrofit toilet and urinal valves with new autoflush battery operated Provide alternate bid for acrylic flake fllor system in rooms AND TEST ALL PIPES TO PROVIDE A LEAK AND ODOR FREE SYSTEM. 4. Add new floor drains per mechanical drawings.(MI.I). mechanisms. 136,122B,138,and 130. Verify room sizes prior to bidding. 5. Reverse swing of entry door as shown on plan. 14. Add new floor drains per mechanical drawings.(MI.I). b. CONTRACTOR TO CLEAN ALL WALL SURFACES,TOILET FIXTURES,AND FLOORS,AND A'' b. Rework HVAG as shown on plans. 15. Construct storage closets as shown. Coordinate shelving with owner. ANY OTHER AREAS TO THE OWNERS SATISFACTION DURING THE TIME FRAME AGREED UPON A Y 1. Point all walls. See specifications. Provide allowance for shelving in these rooms. PRIOR TO TURN OVER OF PROJECT TO OWNER. ANY DELAYS IN CLEAN UP WILL RESULT IN 16.Install new door as shown. Match existing storage room doors.(.5). Provide LIQUIDATED DAMAGES A5 SPECIFIED IN THE BID DOCUMENTS, lockset. AS GLEAN UP 15 CONSIDERED PART OF THE WORK. 11. Rework HVAC as shown on plans. 1. REFER TO MECHANICAL DRAWINGS FOR LOCATIONS AND SIZES OF ALL NEW DRAINS. 11 �- TRENCH SLOPE TO DRAIN F I 1/4"PER FT.(EXISTING) ma i Q /\ I I WALL LEGEND: VALVSW N ACCESS TO POOL �J A EA THAT WILL BE TI_ED EXISTING WALL PRESSURE WOMEN'S REGULATORS AND ACCESSIBLE SHOWERS ANTI SCALD SHOWER POOL MANAGER __ NEW HALL MECHANISMS. I 131 - (ALL S CIFIGATIONS I 136 I / - (ALL SHOWER VOW`NV® V`NVV`/�/� VWVV��r' V^rrV� I// VALVES AND - / 5'-2' f iiminiiiiiy6.-0° - HEADSJ HALLWAY TO POOLSLOPE //�\ //�\ �\ CORRIDOR FIRE PROTECTION NOTE: - TO DRAIN / / / y I 1718 ._./ _/ J� CONTRACTOR TO VERIFY LOCTAION OF ALL FIRE PROTECTION n-p NEW PLUMBING OS A 2 REUSE EXIST'G DOOR TO FAMILY CHANGE SYSTEM DEVICES. ANY RECONFIGURATION OF THE SYSTEM SHALL - ND SINK LOCATION EN CORIAN 0 m 0 35 ROOM. PRO, DE NEW HM WELDED FRAME. BE COORDINATED,VERIFIED,AND APPROVED BY THE TOWN OF NEW SHOWER PORTIONS COUNTERTOPS WITH TRASITION 5 V' AVON FIRE MARSHAL. WITH CHANGING ROOMS. ID MAINTAIN ® MOLDED LAV.BASINS LINE FOR I ACOUSTICAL WOMEN'S .ip 8 I " '� ` LEVEL TE 5L B. TO PROVIDE ORIGINAL SLOPE ' 2 LOCKER ROOM LEVEL TRAN° TION FROM 6'-O" ND 4"BAGKSPLASH. PLASTER 2 10" ® NEW MIRACO =FLOOR IN PROVIDE HOOKS,DOOR, AT CEILING IN �, 6 ROOM AND CURTAINS. FLOOR \ SHOWER AREA 9 CORRIDOR "D NEW SILIKAL MOUNTED WITH OVERHEAD \ 4 1'-9' I '1''4 5'-6' 4 FLAKE FLOR SYSTEM CROSS BRACED PILLARS. RELATED WATER -- -'E ---- FAM. HAO LOCKER RO0r15 AND PROVIDE SEAT IN dam AINS I v- O �_ TRANSIIT ON�OPE ERE CHANGING AREA. II J l 3 RE_OGATE L 135.1 ` \ T THAN 1/8"PE FOOT. REFER TO 1 ` ♦� SUITMATE - SPEGIFIGATIONS. U11 ♦ 43 NEW -- - =`, SAUNA C I NEW TOILET MIRROR Z PARTITIONS FLOOR CORRIDOR --- '� V / 1 135 I N O I AND CEILING I 130 16 5 Q LL. MOUNTED. TOILET FIXTURES TO REMAIN. �_-} z \1 w XISTING PLUMBING RETROFIT ALL WOMEN'S Q SCABBLE SLAB TO PROVIDE 0 TOILET FIXTURES - TOILETS AND SINK LOCATION�` b > - PROVIDE FINISHED LEVEL TRANSITION FROM U I / I TO REMAIN. EXISTING STAMPED O W ' WITH AUTO-FLUSH NEW SHOWER 131 BACK PANELS TO NEW 3'-O"X l'-O"DOgR WASTE RECEPTACLES TO CONCRETE FLOOR IN LOBBY DEVICE. RE, VALVES WITH LOCKERS BY TO MATCH EXISTING GHHANGING ROOM DOO SPECIFICATIONS. PRESSURE REMAIN FULL-HEIGHT - - \ MANUFACTURER -� O . REGULATORS 11) ___- __ ._.._. /> I rc, CORRIDOR SYSTEM INITRANSITION CORRIDOR.OR W ��y/ AND ANTI -- - -' 1I - ENSURE TRANSITION SLOPE 15SCALD _ LL ISTING TO MECHANISMS. X \x/ �4" 3•, OCKERXROOM. P RDEE NEW WELDED HM FRAM RE:SPECIFICATIONS �'" �� I®M' / \ - / \ LESS THAN I/8"PER FOOT. ' O" 8" (ALL SHOWER �� I u. CO • VALVES AND - 7 GC II 0 HEADS) Arm-FSSIBLE _ SHOWER /___---"/ I 0 - y ��., MN W CEILING DOOR SCHEDULE •- C 0 iro _, MEN'S TRANSITION 2'-2" 3'-O"I'-3 I/2" , IL �+ TRENCH SLOPE TO DRAIN 'i LOCKER I ROOM ABOVE / / r © DOOR NUMBER EXISTING NEW REMARKS Cl) Z ' I/4"PER FT.(EXISTING) _- _� 0 YES REHINGE AS SHOWN v/ rn , -_.- _.-- V I NEW PLUMBING 6 0 '? � YES RELOCATE AS SHOWN ran�// Z NEW SHOWER PORTIONS AND SINK LOCATION VERIFY LOCATION OF E O YES TO MATCH DOOR 2 I1 Q WITH CHANGING ROOMS. AINTAIN FIRE POTEGTION DEVICE, lb"DEEP LOCKERS,TYP. ry ORIGINAL SLOPE ® 2 b'-0" 5'$" ®� I s YES TO REMAIN D PROVIDE HOOKS,DOOR, NEWC.ORIAN / RELOCATE ON WALL A5 I'-O"PERIMETER BENCH SHOWER AREA NECESSARY _- 0 YES TO REMAIN ■AND CURTAINS. FLOOR ` COUNTERTOPS WITH / �- STORAf E (1, 1 Q W 0 MOUNTED WITH OVERHEAD MOLDED LAV.BASINS 8 ry Q m IjJ GROSS BRACED PILLARS. , 4 AW ""=a. ruPLiIF I't I �� I © YES TO REMAIN Q -- PROVIDE SEAT IN J - POOINTSFORJ ni - 'D Oj YES RELOCATE AS SHOWN Z CHANGING AREA. - -- REFER TO r 1d �, R=LOCATE ACOUSTICAL e YES YES PROVIDE LOGKSET SPECIFICATIONS. 11 l/\./\/ •I• •I• ,SUITMATE CEILING TO I 's..� O E PROVIDE L K TII Y A CEILING V� _ NEW 3'-0"X l'-O'DOORS OG NEW TOILET MEN'S `' '6 TO MATCH EXISTING. ie YES TO REMAIN PARTITIONS FLOOR TOILETS NEW MIRRO 4_O, / unk-Q: y / 4'-0" f, -, 0 YES TO REMAIN 0�Mpl.meor,p AND CEILING 5 I 125 , a �N 0 YES TO REMAIN MOUNTED. TOILET REVISIO FIXTURES TO REMAIN. - _ R J RETROFIT ALL IDE HOSE BIB DOOR NOTES: TOILET FIXTURES • CONNECTION (RE:MECH.) FALL NEW DOORS TO MATCH EXISTING DOORS. AND URINALS WITHNEW FLOOR TO-- EXISTING PLUMBING 2. ALL HARDWARE TO MATCH EXISTING DOORS. AUTO-FLUSH DEVICE. WASTE RECEPTACLES TO n EXTEND TO EXTERIOR AND SINK LOCATION 3. ALL NEW DOORS TO BE 3'-0"X l'-0"UNLESS NOTED OTHERWISE. RE:SPECIFICATIONS - TO REMAIN. REMAIN \ / - DOOR 4. ALL NEW DOOR FINISHES TO MATCH EXISTING DOOR FINISHES. p 1 n Ir- 11 1 i, t x 5. PROVIDE NEW WELDED HOLLOW METAL FRAME FOR ALL DOORS TO BE REUSE. DATE T I r --I I - I / I JOB NO, - ALIGN WALL WITH BOTTOM OF THE WINDOW SILL FLOC KN O FLOOR PLAN BID DOCUMENTS SHEET NI 1 SCALE. 1/4" = 1'-r2)"