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HomeMy WebLinkAboutbocc.con.126.2003 STAFF AUTHORIZED SIGNATURE CONTRACT # CHECK LIST 1~ {.)lq CL}r~ 1 K/kUTS SUBMITTED TO CLERK ANI) RECORDER FOR SCANNING/.anRCHIVING Originating Departnient/Division: Pitkin County Public Works Contact Person: ~ Phone #: ~00 ~- __ BOCC AGENDA ITEM fBOCC signature required) ~ STAFF AUTHORIZED SIGNATURE fas per Procurement Code) / Check Contract Type: Dollar Amount: /~ Services Intergovernmental A~eement Maintenance (Requirex BOCC A ction) License/Use Non Profit Lease Quasi-Public .'~'--Construction Grant Affeements (Requires Purchase Other Employment Sigjlamr~s- Requi~ed;.~_ ("'-~(~der 25K- Departmental '"- 25-501-5- Department Head (if appropriate), Section Leader Over 50 K- Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): _(I~2tS t~/d'4,~'~Y/ Contract Start Date: G' [ ~-' 05 Contract End Date: Automatic Renewal (Y/N): AllContracts should be proofed for the following: · No Pages Missing · If a Page is Left Intentionally Blank - Note on Page · Page numbered consecutively · All Signatures Affixed Ail Dates Filled In · All Other Blanks Filled In · Ail Exhibits Attached · All Legal Descriptions Attached ('if appropriate) · Notice of Award/Proceed Attached (if appropriate) Sent to Clerk and Recorcier for Scanning/Archiving Date: Authorized Staff Person Si~lan~re q~ a~lt/iortzed zta~perso~ indicates ;hat ~locurnent ~ms bee~ proqtkd a~ld ,'eadv jbr ::cannit Note: C,erk _~ Office will keep original documents in compliance with Colorado State Arcbives retainage schedule. NOTICE OF AWARD Date: April 24, 2003 To: Otis Elevator Company 2017 Curtis Street Denver, Colorado 80205 (303) 298-5846 (303)-298-5845 Fax The Owner, having duly considered the Proposal submitted on April 17, 2003: for the work covered by the Contract Document titled Courthouse Plaza Elevator Modernization for ADA Compliance in the amount of Forty Eight Thousand, Two Hundred Fifty Six Dollars and Zero Cents ($48,256.00) plus an additional $750.00 to be named as additionally insured. Overtime rate for team $253hr and Holiday pay for team of $313hr only if deemed necessary by county project manager, or his/her designee, and it appearing that the Price and other information in you Proposal Form is fair, equitable and to the best interest of the Owner, the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you are required to execute the Agreement in three copies within ten (10) consecutive days from and including the date of this Notice of Award. In addition you are required to furnish in the said time Certificates of Insurance evidencing compliance with the requirement for insurance as stated in the Contract Documents to Jodi Smith, County Project Manager, 76 Service Center Road, Aspen Colorado 81611, (970) 920-5374-fax. PITKIN C~xUNTY~ ~,~ By: Jodi Smith, Coun~oject Manager t'll ACCEPTANCE OF NOTICE e abo. v~ No, t~ce of Award is hereby acknowledged BY~~/~'"~// this q44x dayof ~4A~ ,2003. .... Title &uii~oriT. cd PITKIN COUNTY CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made this 15th day of May, 2003, by and between the County of Pitkin, Colorado, a Colorado home-role county, (hereinafter called the "County") and Otis Elevator Company, 2017 Curtis Street, Denver Colorado 80205 (303)298-5846 (hereinafter called the "Contractor"). RECITALS A. The County intends to Courthouse Plaza Elevator Modernization for ADA Compliance, hereinafter called the "Project", in accordance with the terms and conditions outlined in the Contract Documents and the associated Plans and Specifications. EXHIBIT A B. Contractor's Proposal was the most responsive proposal. EXHIBIT B NOW, THEREFORE, the County and the Contractor, for the considerations hereinafter set forth, agree as follows: 1. The Contractor agrees to furnish all supervisory labor, materials, equipment, tools, and services necessary to complete in a workm~nlike manner all tasks required within the scope of work for the completion of the Project, in strict compliance with the contract documents herein mentioned, which are made a part of this Contract. ~ ~ .~, ,~ ~.~ 2. Contract Time and Liquidated Damages. Work under this/Agreement shall be commenced by May 15, 2003 and shall be substantially completed by ~and punchlist completed fifteen (15) days thereafter, or the Contractor hereby agrees to pay County Liquidated Damages for delay (and not as a Penalty) in the amount of $100.00 per calendar day for each day or part of a day the Project is not completed by the completion date here established. The parties agree that actual damages for delay in completion is difficult or impossible to accurately estimate at this time, that the sum statcd is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. 3. Subcontractors. The Contractor agrees to bind every subcontractor by the terms of the Contract Documents. The Contract Documents shall not be construed as creating any contractual relationship between the subcontractor and the County. 4. Payment. The County agrees to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract. the total price of Forty Eight Thousand, Two Hundred Fiftx., Six Dollars and Zero Cents ($48,256.00) plus an additional $750.00 to be named as additionall.v insured. Overtime rate for team $253hr and Holiday pay for team of $313hr only if deemed necessary by county project manager, or his/her designee in accordance with the Contract Documents, subject to increase or decrease in accordance with the provisions of the Contract Documents. 5. Payment Procedures: A. Contractor shall submit applications for payment in accordance with the General Conditions. Procurement Officer as provided in the General Conditions will process applications for payment. B. County shall make progress payments on account of the Contract Price on the basis of Contractor's applications for payment, as recommended by Procurement Officer, within forty-five (45) days of County's approval of Contractor's pay request. All progress payments will be on the basis of the progress of Project measured by the schedule of values provided for in the General Conditions. (1) If Contractor is satisfactorily perforating this agreement, progress payments shall be in an amount equal to ninety (90) percent of the calculated value of any work completed, less the aggregate of payments previously made until fifty (50) percent of the work required by this agreement has been performed. Thereafter, unless a different arrangement is provided for in Special Conditions for contracts less than $80,000.00, County shall pay all remaining progress payments without retaining additional funds, if, in the opinion of the Procurement Officer and County, satisfactory progress is being made on the Project. If, in the opinion of the Procurement Officer and County, satisfactory progress is not being made on the Project, or if claims are filed under Section 38-26-107, Colorado Revised Statutes, as amended, County may retain such additional amounts as County may deem necessary to assure completion of the Work or to pay such claims and any Procurement Officer's and attorney's fees reasonably incurred or to be incurred by County in defending or handling such claims. The withheld percentage of the Contract Price shall be retained until the Project is completed satisfactorily and finally accepted by County in accordance with the provisions of the Contract Documents. Progress payments shall not constitute final acceptance of the Work. (2) Payments will not be made for materials stored off-site (unless otherwise provided by Addendum or Change Order) but will be made for materials stored on-site. Contractor will remain responsible for security of the materials and the replacement at Contractor's sole cost of materials lost, damaged, destroyed or stolen. C. County shall make final payment, including release of retainage, to Contractor as recommended by Procurement Officer, and in accordance with the Contract Documents and Section 38-26-107, C.R.S. and Section 24-91-103, C.R.S. 6. Contract Documents. The Contract consists of the documents listed below and references to Contract, Contract Documents, or Agreement includes all such documents. In the event that any provision of one Contract Document conflicts with the provision of another, the provision in the Contract Document listed first below shall govern, except as otherwise specifically stated. A. Pitkin County Construction Contract Agreement; B. County Required Clauses; C. Request for Proposal; D. Proposal; E. Bond: F. Notice of Award; G. Notice to Proceed; H. Project Specifications; I. General Conditions: J. Change Order Form; K. Any modifications, change orders, shop drawings, schedule of values, or other such revisions properly submitted and accepted or authorized after the execution of this Agreement; L. Notice of Substantial Completion and Notice of Final Acceptance. 7. Authority and Responsibility of the Procurement Officer. All work shall be done under the general supervision and direction of the Procurement Officer or his/her designee. The Procurement Officer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, interpretation of the Contract, change orders (within the limits of her authority) and all other questions as to the compliance with the Contract on the part of the Contractor. 8. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom (;ontractor or County may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the County or Contractor because of any breach or because of any of the terms or conditions herein contained. 9. Waiver. No waiver by either party of any right, term or condition of the Contract Documents shall be deemed or construed as a waiver of any other right, term or condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of the Contract Documents. 10. Waiver of Presumption. '¥1'~is Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review, or drafting of this Agreement. 11. Authorized Representative. The undersigned representative of Contractor, as an inducement to the County to execute this Agreement, represents that he/she is an authorized representative of Contractor for the purposes of executing tiffs Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of Contractor. 12. Contractor's Representations. A. In order to induce County to enter into this Agreement, Contractor makes the following representations: (1) Contractor has familiarized himself with the nature and extent of the Contract Documents, work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of Project. (2) Contractor has carefully studied the site and has performed all necessary investigations, tests, subsurface investigations to define the latent physical conditions of the construction site affecting cost, progress, or performance of Project. (3) Contractor has made or caused to be made examinations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of Project at the Agreement 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. (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. (5) Contractor has given Procurement Officer written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents, and the written resolution thereof by Procurement Officer is acceptable to Contractor. 13. County's Representations. A. County makes the following representations: (1) Authority exists in the law and County has budgeted, appropriated and otherwise made available funds equal to, with a sufficient unencumbered balance thereof remains available, for payment of or in excess of the Agreement Price. (2) County, by issuing any Change Order or other form of order or directive requiring additional compensable work to be perforated by Contractor, which work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement Price, represents to Contractor, that lawful appropriations to cover the costs of the additional work have been made. 14. Miscellaneous. A. Terms used in this Agreement, which are defined in Part 1 of the General Conditions, shall have the meanings indicated in the General Conditions. B. If any term, section, or other provision of the Contract Documents shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such term, section, or other provision shall not affect any of the remaining provisions of the Contract Documents, and to this end, each term, section and provision of the Contract Documents shall be severable. C. None of the remedies provided to either party under the Contract Documents shall be required to be exhausted or exercised as a prerequisite to resort to any further relief to which such party may then be entitled. Every obligation assumed by, or imposed upon. either party hereto shall be enforceable by any appropriate action, petition or proceeding at law or in equity. In addition to any other remedies provided by law, the Contract Documents shall be specifically enforceable by either party. D. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which shall constitute one and the same document. E. Unless otherwise expressly provided, any reference herein to days shall mean calendar days. All times stated in the Contract Documents are of the essence. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set out herein above. COUNTY OF PITKIN, COLORADO OTI~ ELEV/A~O I' . // .... // K~ton i.,. Smith  /A // ,luthorizedRepresentath By: 2017 C"llrt'~ treet Denver, Colorado 80205 MANAGER APPROVAL: SECTA~APPR~ffAL: Hilary Fletcher Smith, County Manager Date Brain Petter, Public Works IJiregtor Date RECOMMENDED FOR APPROVAL: .... Jodi ~nith, rP~oject Manager Date ""-~¢Jmplq,/Glass~, A~ets Deputy Director Date NA NA John Ely, County Attorney Date Kris Jewkes, Risk Management Date (Revised 4/30/02 per JE) REQUIRED CLAUSES For purposes of these required clauses, "Contractor" means the proposer or other party who may eventually enter into a contract with the County. The Proposer shall be subject to the following provisions: 1. COMPLIANCE WITH PROCUREMENT CODE AND APPLICABLE STATE CON- TRACTING LAW A. The contractor acknowledges that this Agreement is entered into subject to the requirements of the "Pitkin County Procurement Code," (Section 8.5 of the Pitkin County Home Rule Charter, Ordinance # 00-18, approved April 26, 2000). As such, the Contractor agrees to comply with all requirements of said Procurement Code, and such requirements are incorporated herein by this reference. B. The Contractor shall immediately notify the County Manager in writing of any violation of said Code or statutes by the County's employees or agents, which violation(s) is known or should have been known by him, and failure to so notify the County of any violation(s) within five (5) days of knowledge of such violations shall be considered a breach of this Agreement. Further, such failure to notify the County of violation of the Procurement Code or statutes within five (5) days of knowledge shall be deemed as a waiver of any action or defense that the Contractor may have against the County by reason of such violation of the Procurement Code or statutes. 2. WARRANTIES AGAINST CONTINGENT FEES, GRATUITIES, KICKBACKS AND CONFLICT OF INTEREST A. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agree- ment or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. B. Gratuities Prohibited. The Contractor agrees not to give any employee or former employee of Pitkin County a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or Subcontract, or to any solicitation or proposal therefor. C. Gratuity means a payment, loan, subscription, advance deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. D. Kickbacks Prohibited. It shall be a breach of Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. E. Conflict of Interest Prohibited. No official, officer, employee or representative of the County during the term of this Contract or one (1) year thereafter shall have an,x interest, direct or indirect, in this Contract or the proceeds thereof. (Additional restrictions on present and former employees of County are found in Article 7 of the Procurement Code). F. Sub-Contract Clause. The prohibitions against contingent fees, gratuities, kickbacks and conflict of interest prescribed in this Contract shall be made a condition of and con- spicuously set forth in every sub-contract and solicitation therefor. G. Conspicuously means written in such special or distinctive format, print, or manner that a reasonable person against whom it is to operate ought to have noticed it. H. Remedies. In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the County shall have the right to: (1) Terminate this Contract without liability by the County; (2) Debar or suspend the offending parties from being a contractor or sub-contractor under County contracts; (3) Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Contractor; and (4) Recover such value from the other offending parties. 3. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED/MINORITY/ WOMEN BUSINESS ENTERPRISES (DBE/MBE/WBE) Contractor will cooperate fully, make good faith efforts to achieve the goals, and seek to comply with the spirit of the requirements even though we may not become a signatory to local employment opportunity plans. 4. TERMINATION FOR DEFAULT OR FOR CONVENIENCE OF COUNTY A. The performance of work under the Contract may be terminated by the County: (1) Whenever the Contractor shall default in performance of this Contract in accordance with its terms, and fails to cure or show cause why such failure to perform should be excused within ten (10) days (or longer as the County may allow or shorter, but not less than three (3) days, for failure to provide proof of insurance or maintenance of any dangerous condition) after hand-delivery or mailing to the Contractor of a notice specifying the default. If mailed, said notice shall be sent by certified mail, return receipt requested, to the address specified herein for the Contractor. The Contractor shall not be in default by reasons of any failure in performance of this Contract in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Upon request of the Contractor, the County shall ascertain the facts and failure, and, if the County shall determine that any failure to perform constituted a valid commercial excuse, the performance shall be revised accordingly and notice of default withdrawn; or (2) Whenever for any reason and in its sole discretion the County shall determine that such termination is in its best interest and convenience. B. Notice of Temfination. In the event of termination for the convenience of the County, the County shall deliver to the Contractor a written notice of termination, specifying the reasons therefor, and the effective date of such termination. The effective date shall not be earlier than the date of hand-delivery or the date of mailing of the notice, plus three (3) business days. The notice of termination shall be sent regular first-class mail to the address of the Contractor herein provided. C. Temtination Procedure. After the effective date of the notice of termination for default or for the convenience of the County, unless otherwise directed by the County, the Contractor shall: (1) Stop work under the Contract on the date specified in the notice of termination. (2) Place no further orders for materials, services or facilities. (3) Terminate all orders and subcontractors to the extent that they relate to the performance of work terminated by the notice of termination. (4) With the approval or ratification of the County, settle all outstanding liabilities and all claims arising out of such termination on orders or subcontracts, the cost of which would be compensable or reimbursable in whole or in part in accordance with this Contract. D. Termination Payment. After the effective date of a notice of termination for the convenience of the County, the Contractor shall submit to the County his termination claim in the form of a final invoice in accordance with the provisions in "Method of Payment," including costs incurred to the date of termination, and costs incurred because of termination, which termination costs shall not exceed 10% of the total amount of proposal; provided, however, that in the event of default by the Contractor, no extra costs incurred because of termination shall be paid to the Contractor and any costs paid shall not be a waiver of any claim, counterclaim or set-off by the County against the Contractor on account of any default. Such claim must be submitted promptly, but in no event later than thirty (30) days from the effective date of termination, unless one or more extensions are granted in writing by the County. Upon the Contractor's failure to submit a claim in the time allowed, the County may review the information available to it and determine the amount due the Contractor, if any, and Day the Contractor the amount as determined. E. Termination Settlement. Subject to Paragraph 4.D., the Contractor and County may negotiate the whole or any part of the amount or amounts to be paid, upon termination for default or for the convenience of the County. F. Remedies. The Contractor shall have the right of appeal from any determination made by the County under "Termination for Default or for Convenience of County;" except that if the Contractor has failed to submit his claim within the time provided in Paragraph 4.D., above, and has failed to properly request extension, he shall have no such right of appeal. In any case where the County has made a determination of the amount due under Paragraphs 4.D. or 4.E., above, the County shall pay the Contractor: (1) the amount the County has determined if there is no right to appeal or if no timely appeal has been taken, or (2) the amount finally determined on such appeal if an appeal has been taken. G. Method of Appeal. If the Contractor disagrees with the County's determination under Paragraphs 4.D. or 4.E., he can appeal this decision in writing to the County, Such appeal must be made within twenty (20) days of receipt in writing of the County's determination. The County shall have twenty (20) days in which to respond in writing to the appeal. The County's response shall be final and conclusive unless within thirty (30) days from the date of receipt of such response the Contractor submits the dispute to a court of competent jurisdiction or submits a demand for arbitration if required by the Contract Documents. 5. INTEGRATION AND MODIFICATION A. This Contract constitutes the full and complete agreement of the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, the Contractor understands that unless the contract is for goods or services of a value less than $25,000, no County official or employee, other than the Board of County Commissioners tcting as a body at a Board meeting, has authority to enter into a contract or to modify the terms of this contract on behalf of the County. Any such contract or modification to this contract must be in writing and be executed by the parties hereto. B. With respect to change orders under the Contract, the County and the Contractor shall process and approve/disapprove requests for change orders as otherwise provided in this Contract, subject to the requirements of the Procurement Code and the Finance Office. 6. INDEMNITY A. Under no circumstances shall ~.v!~..:.r party be liable for any special, indirect or consequential damages of any kind. Applies to this Article and applies in general. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees {including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage to extent caused by any negligent act, intentional act, error or omission by the ,,ccurring during the performance of the work; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the negligence of the County or its employees or to the extent caused by others. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. 7. INSURANCE A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as are indicated by an "X", are required: (f) Statutory Workers' Compensation: Colorado statutory minimums (2)Commercial General Liability - ISO 1998 Form or equivalent (County must be named as additional insured) Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form (All risks) to include: X Premises/Operations Underground, Explosion & Collapse Hazard X Products/Completed Operations X Contractual Liability X Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury (3)Business Auto Coverage: Combined Single Limit Liability (each accident) $1,000,000.00 Coverage to include: X Any Auto All Owned Autos Hired Autos Non-Owned Autos Garage Liability (4)Special Coverages (check as appropriate): X .(1) Performance Bond 100% of contract Labor and Material Payment Bond 100% of contract _(2) Professional Errors and Omissions (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk amount of project (6) Boiler and Machinery (7) Loss of Use Insurance (8) Pollution Liability (9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond PROOF OF INSURANCE MUST BE SENT TO: Pitkin County C/o Jodi Smith, County Project Manager 76 Service Center Road Aspen, Colorado 81611 Fax - 970-920-5374 B. To provide evidence of the required insurance coverage's, copies of Certificates of Insurance in a form acceptable to the County shall be filed with the Procurement Officer no later than ten (10) calendar days prior to commencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract and grounds for rescission or termination. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the Procurement Officer). (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then-current policy declarations page). Simultaneously with the Certificates of Insurance, the Contractor shall file with the County (and promptly update, as necessary) a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. C. In addition, these Certificates of Insurance shall contain the following clauses: (1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. (2) The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Contractor. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." D. Certificates of Insurance for all renewal policies shall be delivered to the Procurement Officer at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or thereafter. E. The County reserves the right to request and receive a copy of any policy and any policy endorsement. 8. EXEMPTIONS AND PREFERENCES A. All purchases of construction or building or any other materials for any Contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of labor employed on such project; except for highway construction, which is subject to C.R.S. 43-2-208, which provides that all laborers shall be bona fide residents of Colorado with a preference to residents of the County where the work is performed. C. Preference is given, to the extent permitted by law, to: materials, supplies and provisions produced, manufactured or grown in Colorado, quality being at least equal to materials, supplies and provisions from outside the state; and to local (Roaring Fork Valley) services and labor of quality at least equal to non-local services and labor. 9. RECORDS The Contractor shall maintain comprehensive, complete and accurate books, records, and documents concerning its performance relating to this Project for a period of three (3) years after final payment on the Project and the County shall have the right within the three-year period to inspect and audit these books, records and documents, upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the Contract and applicable law. 10. SUCCESSORS AND ASSIGNS This Agreement and all of the covenants hereof shall insure to the benefit of and be binding upon the County and the Contractor respectively and their agents, representatives, employees, successors, assigns and legal representatives. Neither the County nor the Contractor shall have the right to assign or transfer its interest or obligations hereunder without the written consent of the other party, which consent shall not be unreasonably withheld. 11. THIRD PARTIES This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Contractor or County may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the County or Contractor because of any breach hereof or because of any of the terms, covenants, agree~ ments or conditions herein contained. 12. AGREEMENT MADE IN COLORADO The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 13. ATTORNEY'S FEES In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 14. NOTICES Unless otherwise provided in the Contract Documents, all notices under the Agreement shall be sent certified mail, return receipt requested, and shall be effective upon receipt or three (3) business days after mailing, whichever is first. 15. GOVERNMENTAL IMMUNITY Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently $150,000.0{l per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-11}-101, et. seq., C.R.S., as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in these Required Clause or any other Contract Document shall be construed or interpreted to require or provide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 16. CURRENT YEAR OBLIGATIONS The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this Agreement are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of this agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of this agreement shall be construed or interpreted as creating a multiple- fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This agreement shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this agreement shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this agreement restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. NOTICE TO PROCEED DATE: TO: Otis Elevator Company 2017 Curtis Street Denver, Colorado 80205 (303) 298-5846 (303)-298-5845 Fax FROM: Pitkin County Jodi Smith, Project Manager 76 Service Center Road Aspen CO 81611 You are hereby authorized to proceed on or within ten (10) consecutive calendar day thereafter, with the work covered by the Contract Documents titled: Courthouse Plaza Elevator Modernization for ADA Compliance for the sum of Forty Eight Thousand, Two Hundred Fifty Six Dollars and Zero Cents ($48,256.00) plus an additional $750.00 to be named as additionally insured. Overtime rate for team $253hr and Holiday pay for team of $313hr only if deemed necessary by county project manager, or his/her designee All required permitting should be approved and on site prior to commencement of work. By: JODI SMITH, COUNTY PROJECT MANAGER NOTICE OF FINAL PAYMENT Notice is hereby given that the Board of County Commissioners of Pitkin County, Colorado. hereinafter the "Board," shall make final settlement for the work contracted to be done on the project known as Courthouse Plaza Elevator Modernization for ADA Compliance, hereinafter the "Project." to Otis Elevator Company, hereinafter the "Contractor." on .2003. Any person, co-partnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by the Contractor or his subcontractors in or about the performance of the work contracted to be done or that supplies rental machinery, tools, or equipment to the extent used in the prosecution of the work, whose claim therefor has not been paid bv the Contractor or his subcontractors shall file witl: the Board written verified notice of such claims at any time up to and including the time of final settlement first stated above or forever waive any and all claims, without limitation, pursuant to 1973 CRS 38-26-107, as amended, against the Board of County Commissioners, Pitkin County. Colorado and the Project. All claims must be addressed as follows: Board of County Commissioners c/o Jodi Smith, County Project Manager 76 Service Center Road Aspen, CO 81611 CERTIFICATE OF SUBSTANTIAL COMPLETION Project Name: Courthouse Plaza Elevator Modernization for ADA Compliance Contractor: Otis Elevator Company Contract Date: May 15, 2003 Project (or specified part) shall include (describe the project or the part of the project to have been built by contractor) Definition of Substantial Completion: The date of "Substantial Completion" of the project (or specified part of the project) is the date when construction is sufficiently completed, in accordance with the Contract Documents, so that the project (or specified part of the project) can be used for the purposes for xvhich it was intended. Date of Substantial Completion: (Insert date) The work performed under the above-referenced Contract has be inspected by authorized representatives of Pitkin County and (Contractor), and the project (Project) is declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is attached to this Certificate. This list may not be exhaustive, and the failure to include an item does not alter the responsibility of the Contractor to complete all of the work in accordance with the Contract Documents. Contractor will complete these items within days of the date of Substantial Completion. The date of Substantial Completion is the date upon which all guarantees and warranties begin, except as noted below. The responsibilities between Pitkin County and Contractor for maintenance, heat, and utilities shall be set forth below. Dated: Jodi Smith, County Project Manager Contractor accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on tentative list within the time indicated. Dated: Signature of Contractor Responsibilities of Contractor: (specify responsibilities of Contractor as to maintenance, heat and utilities) Exceptions to guarantees and warranties: (set out any exceptions to guarantees and warranties as set out in Contract Documents) NOTICE OF FINAL ACCEPTANCE Project: Courthouse Plaza Elevator Modernization fl)r ADA Compliance Contract Date:__May 15.2{ti)3 Contractor: ()tis Elevatnr Cem~panv This is to certify that all of the work required under the above-referenced contract, las amended), has been completed: that the work has been inspected bv Pitkin Co[lilt\: alld (engineer/architect if applicable) and has been found t,~ comply with t_he terms and conditions o{ Contract Documents governing the same. Therefore. ail work under lhe above Contract is acceptect on behalf of Pitkin Count\ as of thc date w-rittcn below. Notica of Final payment will be adxerrised (date) and final payment will be made on (date). Dated: Date upon which warrantee is to start. Pitkin County Board of County Commissioners Jodi Smith. County Project Manager Contractor: Dale PITKIN COUNTY, COLORADO GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS (Version GC-99-1) updated 2/26/02 TABLE OF CONTENTS Article 1 - Abbreviations, Definitions, and Provisions of General Applicability. 1.1. Abbreviations 1.2. Definitions Article 2 - Preliminary Matters 2.1. Delivery of Bonds 2.2. Copies of Documents 2.3. Commencement of Contract Time, Notice to Proceed 2.4. Starting the Project 2.5. Before Starting the Project 2.6. Pre-construction Conference 2.7. Project Progress Meetings Article 3 - Contract Documents, Intent, Amending, Ownership, Escrow Bid Documents 3.1. Intent 3.2. Amending and Supplementing Contract Documents 3.3. Reuse of Documents 3.4. Precedence of Contract Documents Article 4 - Availability of Lands, Physical Conditions, Reference Points. 4.1. Availability of Lands 4.2. Physical Conditions 4.2.1. Exploration and Reports 4.,;._. Existing Structures 4.2.3. Report of Differing Conditions 4.2.4. Procurement Officer's Review 4.2.5. Possible Document Change 4.2.6. Possible Price and Time Changes 4.3. Physical Conditions - Underground Facilities 4.3.1. Shown or Indicated 4..~._. Not Shown or indicated 4.4. Reference Points 4.5. Protection of Existing Vegetation and Restoration of Property and Landscape 4.6. Hazardous Materials 4.7. Contractor's Representations Article 5 - Bonds, Indemnification, Liability, and Insurance 5.1. Performance, Payment, and Maintenance Bonds 5.2. Indemnification 5.3. Contractor's insurance Article 6 - Contractor's Responsibilities. 6.1. General Responsibilities 6.2. Supervision and Superintendence 6.3. Labor, Materials, and Equipment 6.4.-6.6 Reserved 6.7. Work Schedule 6.~. Substitutes of "Or-Equal" Items 6.9. Subcontractors, Suppliers and Others 6.10 Patent Fees and Royalties 6.11 Permits 6.12 Laws and Regulations 6.:I 3 Taxes 6.]4 Use of Premises 6.15 Record Documents 6.16 Safety and Protection 6.17 Emergencies 6.18 Shop Drawings and Samples 6.19 Claim Release, Mechanics' Lien 6.20 Continuing the Work 6.21 Contractor's Facilities Article 7 - Other Work. 7.1. Related Work at Site 7.2. Coordination Article 8 - County's Responsibilities. 8.1. Article 9 - Procurement Officer's Status During Construction. 9. i. County's Representative 9.2. Visits to Site 9.3. Project Representation 9.4. Clarification and Interpretation 9.5. Authorized Variations in Work 9.6. Rejecting of Defective Work 9.7 Shop Drawings, Change Orders and Payments 9.8 Decisions on Disputes 9.9 Reserved 9.10 Limitations on The Procurement Officer's Responsibilities Article 10 - Changes in the Work. 10.1. County Initiated Changes 10.2. Written Notice of Change 10.3. Change Order [0.4. Contractor Change Request t0.5. Down Time4 10.6. Submittal Requirements and Waiver of Claims Article 11 - Changes of Contract Price or Contract Time. 11.1. Contract Price Adjustments 11.2. Contract Time Adjustments 11.3. Force Account Work 11.4. Contract Sum Determination 11.4.1. Direct Labor 11.4.2. Labor Burden 11.4.3. Direct Material, Supplies, Installed Equipment 11.4.4. Equipment 11.4.5. Bonds, Insurance, Permits and Taxes 11.4.6. Subcontract Costs 11.4.7. Overhead and Profit 1.1.4.8. Totals as Equitable Adjustment 11.5. Cost and Pricing Data 11.5.1. Certificate of Current Cost or Pricing Data 11.5.2. Vendor Statements 11.5.3. Price Reductions for Defective Costs or Pricing Data 11.6. Variation in Quantity of Unit Priced Items Article 12 - Reserved Article 13 - Warranty and Guarantee (Maintenance Bond); Tests and Inspections; Correction, Removal or Acceptance of Defective Work. 13.1. Warranty 13.2. Access to Work 13.3. Tests and Inspections 13.4. Uncovering Work 13.5. County May Stop the Work 13.6. Correction or Removal of Defective Work 13.7. Correction Period 13.8. Acceptance of Defective Work 13.9. County May Correct Defective Work 13.10. Unauthorized Work Article 14 -Construction Schedule, Schedule of Values, Payments to Contractors, and Completion 14.1. Schedules 14.2. Application for Progress Payment 14.3. Contractor's Warranty of Title 14.4. Review of Application for Progress Payments 14.5. Substantial Completion 14.6. Partial Utilization 14.7. Final Inspection 14.8. Final Application for Payment 14.9. Settlement Date, Notice to Subcontractors, Acceptance and Final Payment 14.10. Contractor's Continuing Obligation lq.l 1. Liquidated Damages Time for Completion Time is of the Essence to the Agreement Liquidated Damages Delays in Work Completion of Construction Please Excusable Delavs- Force Majeure Cumulative Remedy 14.12 Waiver of Claims Article 15 - Suspension of Work and Termination. 15.1. County May Suspend Work 15.2. County May Terminate 15.3. Contractor May Stop Work or Terminate Article 16 - Miscellaneous. t.6.1. Giving Notice 16.2. Computation of Time 16.3. General 16.4. Independent Contractor Status 16.5. Audit and Records 16.5.1. Data and Records 16.5.2. Cost or Pricing Data 16.5.3. Availability 16.5.4. Contract Termination 16.5.5. Appeals, Litigation, or Claims INTRODUCTION The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all, unless certain services or equipment are specifically excluded. These General Conditions l~ave been prepared to be incorporated by reference into the Contract entered into between the County and the Contractor. In the event of conflict or inconsistency among the Contract Documents, the order of precedence set forth in the Contract for Construction shall govern the interpretation of the Contract between the County and the Contractor. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with their recognized meanings, provided however that those terms required to be defined in the Proposal by the Contractor shall have the meaning given to them in the Proposal to the extent that they are not in conflict with any other part or term of the Contract Documents. ARTICLE 1 - ABBREVIATIONS AND DEFINITIONS 1.1. Whenever the words, forms, or phrases defined herein, or pronouns used in their place occur in thc Contract Documents, the intent and meaning shall be interpreted as follows: AASHTO American Association of State Highway and Transportation Officials ,ada American Insurance Association AISI American Iron and Steel Institute ANSI American National Standards Institute (formerly ASA and USASI) ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWG American Wire Gauge AWS American Welding Society BAFO Best and Final Offer CDOT Department of Transportation. State of Colorado DHA Detailed Hazards Analysis EBD Escrow Bid Documents EIA Electronic Industries Association EPA United States Environmental Protection Agency FCC Federal Communications Commission FHWA Federal Highway Administration FTA Federal Transit Administration HVAC Heating, Ventilation, and Air Conditioning MUTCD Manual on Uniform Traffic Control Devices NACE National Society for Corrosion Engineers NBS National Bureau of Standards NEC National Electric Code NESC National Electric Safety Code NFPA National Fire Protection Association NTP Notice to Proceed O&M Operations and Maintenance OSHA Occupational Safety and Health Administration PHA Preliminary Hazards Analysis RFP Request for Proposals SAE Society of Automotive Engineers SICS American Institute of Steel Construction SSPC Special Society for Paint Council UD&FCD Urban Drainage and Flood Control District UL Underwriter's Laboratories, Inc. UMTA United States Department of Transportation, Urban Mass Transportation Authority 1.2. Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural. Unless otherwise stated in the Contract Documents, words which have well~known technical or construction industry meanings are used in the Contract Documents in accordance with their recognized meanings. Addenda - Written or graphic instruments issued prior to the opening of Proposals or Notice of Award which clarify, correct or change the proposal documents, Contract Documents, drawings, details or specifications. Bid - The offer or proposal of the bidder submitted on the prescribed form(s) setting forth the prices for the Work to be performed. Bid and Proposal are used interchangeably. Bidder - Any qualified rcN)onsiblc and responsive firm or corporation submitting a Proposa! for the Work. Bidder and Proposer are used interchangeably. Bid Package - All information and standard Contract Documents prepared bv the County to assist potential bidders/proposers to prepare their bids/proposals. Bonds ~ Bid, performance, payment, maintenance bonds and other acceptable instruments of financial security, furnished by the Contractor and his/her surety in accordance with the Contract Documents. Change Order - A written order to the Contractor authorizing an addition, deletion or revision in the Work within the general scope of the Contract Documents. or authorizing an adjustment in the Contract Price or Contract Time, issued on or after thc Effective Date of the Contract for Construction. County or Owner - Pitkin Count,,,'. Colorado. Contract - All contract documents attached to the Contract for Construction and made a part thereof as provided herein. Contract Documents - The Contract including RFP, Proposal. Addenda, General Conditions, Special Conditions, Contract for Construction, Proposal Bond, Notice of Award. Payment, Performance, and Maintenance Bonds, Drawings identified in the Contract Documents or attached as part of the Proposal, and Specifications identified in the request for proposal or attached as part of the Proposal, Affidavit of Compliance form, Liquidated Damages form, Contractor's License form, Daily Construction Log form, Progress Pay Estimate form, and Insurance Certificates. Contract for Construction - The written agreement between County and Contractor covering the Work to be performed. Contractor - The qualified responsible and responsive firm or corporation with whom the County has entered into the Contract for Construction. Contract Price - The moneys payable by the County to the Contractor under the Contract Documents as stated in the Contract for Construction (subject to the provisions of paragraph 11.4.), except for the Minor Contract Revisions itemis) which are subject to the County's written authorization for expenditure. Contract Time - The number of the consecutive calendar days or the working davs and/or the deadline set in the Contract Documents for the completion of the Work. Daily Construction Log - A form furnished by the County Procurement Officer, used by the County Procurement Officer to record the Contractor's daily work quantities and project events. When required bv Special Conditions. the dailv construction log is the onlv verified justification for payment to the Contractor. 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 thc requirements of~ any inspection, reference sLandard, tesf or approval referred to in the ContracL Documents, or has been damaged prior to the Procuremcn~ Officer's recommendation of final payment (unless responsibility for the protection thereof: has been assumed by thc Countx at Substantial Complex. ion in acce'~dance with paragraph 14.5 or 14.6). Drawings - The part of the Contract Documents which show ~.he character and scope of the Work to be performed a~d which have been prepared or approved by the professional identified in the Contract Documents. Effective Date of the Contract for Construction - 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 A~reement is signed and delivered by the last of the t-,,vo parties to sign and deliver. Field Order - A writ'~en order affecting a change in the Work not involving an ac~justment in the Contract Time, issued by the Procurement Officer to the Contractor during construction. Hazardous Materials - Thc term "H~zardous Materi~ls" shall have the meaning set forth at 42 U.S.C. § 9601(14) and regulations promulgated pursuant thereto. Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, procurement code and/or orders. Notice of Award - The written notice by the County to the apparent successful proposer stating that upon compliance by the apparent successful proposer with the conditions precedent enumerated therein, within the time specified, the County will sign and deliver the Contract. Notice to Proceed - A written notice given by the County to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform Contractor's obligations under the Contract Documents. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Procurement Code - Section 8.5 of the Pitkin County Home Rule Charter, Resolution No. 82-37, April !.2, 1982. Progress Pay Estimate - A form fnrnished by the Procurement Officer, which, when required bv Special Conditions, is to be used to record, approve, and process payment when the Contractor requests progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. 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. Project Inspector - That person designated by the Procurement Officer to observe construction, materials placement and testing and to prepare the Daily Construction Logs and field reports. Procurement Officer - That person identified as such in the Request for Proposals. Punch List - A form or letter that lists all incomplete or deficient Contract items, and is prepared upon substantial completion of thc Work by the Procurement Officer. Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data whic are specifically prepared by or for tile Contractor and/or the Subcontractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts. instructions, diagrams aud other information prepared by a Supplier and submitted bv thc Contractor and/or the Subcontractor to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - A firm or corporation having a direct contract with the Contractor or with any other Sub-contractor for the performance of it part of the Work at the site. Substantial Completion - The Work (or a specified part thereof) has progressed to the point xxhere, in the opinion of the Procurement Officer as evidenced by the Procurement Officer's acceptance, is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for ~vhich it is intended. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion [hereof. Special Conditions or Special Provisions - The part of the Contract Documents which amends or supplements these General Conditions. Supplier - A manufacturer, fabricator, supplier, distributor, material or vendor who supplies materials or equipment for the Work including that fabricated to a special design but who does not perform labor at the site. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed undergTound to furnish any of the following services for materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater and surface runoff removal, traffic or other control systems. Unit Price Work - Work to be paid for on the basis of unit prices. Work - Tile 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 bv the Contract Documents and those not specifically mentioned but necessary for succe~sful completion uf thc Proposal items. Written Notice or Written Notice of A~nendment - A written amendment of the Contract Documents, signed by the County and the Contractor on or after the Effective Date of the Contract for Construction and normally dealing with the non-engineering or non-technical rather than strictl~ Work-related aspects of the Contract Documents ARTICLE 2 - PRELIMINARY MA. TTERS 2.1 Delivery of Bonds: When Contractor delivers the executed Contracts to the person designated in the Contract Documents, the Contractor shall also deliver such Bonds as the Contractor is required to furnish in accordance with paragraph 5.1. 2.2 Copies of Documents: The County shall furnish to the Contractor up to five (5) copies (unless otherwise specified) of the Contract Documents as are reasonably necessary for the execution of the Work, except that only one full-scale reproducible copy of each Contract Drawing will be provided free of charge. Additional copies will be furnished, upon request, at the cost of reproduction. 2.3 Commencement of Contrac! Time, Notice to Proceed: Prior to the County issuing a Notice to Proceed, either the County Manager or the Chair of the Board of County Commissioners of Pitkin County, Colorado, or the appropriate department or section head, shall approve the Contract Documents and shall execute the same. Notwithstanding any representations to the contrary made by County's employees, either directly, indirectly, or by implication, no Contract shall be in effect nor shall be binding upon the County until such time as the Contract is executed by the County pursuant to authority granted in accordance with Resolution Nos. 93-170 and 83-10 or the Procurement Code. Thc County shall issue a Notice to Proceed after either (a) the County Manager and/or appropriate department or section head has executed the Contract, or (b) The Board of County Commissioners ("BOCC") has authorized the execution of the Contract, and the Contractor has executed the Contract and other Contract Documents, and has delivered the specified bonds, Certificates of Insurance, as are required, and any other documents required to be delivered by the Special Conditions and Addenda(s) if any issued. The Contract Time will commence to run on the day indicated in the Notice to Proceed. 2.4 Starting the Project: The Contractor shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run and prior to a mandatory pre-construction conference conducted by the County. 2.5 Before Starting the Project: Before undertaking each part of the Work, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Procurement Officer any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from the Procurement Officer before proceeding with any Work affected thereby. 2.5.1. Within Three (3) Days after the Effective Date of the Contract (unless otherwise specified in the Special Conditions or General Requirements), the Contractor shall submit to the Procurement Officer for review: 2.5.1.[. A,7 estimated progress schedule indicating thc starting and completion dates el'thc vari{~t~s stages of thc Work: 2.5.1.2. A preliminary schedule el'Shop Drawing submissions: and 2.5.[.3. Quality Control and Quality Assurance (QC/QA) plan and policy to identify the specific steps the Contractor will take to ensure thc highest quality in the constructed Proposal items. 2.5.1.4. A Work Zone Safety Implementation & Enforcement Plan with specific action process. 2.5.2. Before anv Work at the site is started, tile Contractor shall deliver to County Risk Management and/or the Procurement Officer, copies of certificates (and other evidence of insurance requested by the County) which the Contractor is required to purchase and maintain. 2.6 Pre~construction Conference: Within xevet~ (7) consectttive calendar days after the Effective Date of the Notice of Award. and before the Contractor starts the Work at the site, he/she and all of his/her subcontractors and suppliers shall attend a mandatory pre-construction conference, conducted bv the Procurement Officer and others as appropriate to discuss coordination of construction activities, procedures for handling Shop Drawings and other issues, and to establish a working understanding among the parties as to the Work. 2.7 Project Progress Meetings The County and the Contractor shall meet once a week to review the construction activities, rate of progress, and other project related issues to ensure efficient and smooth progress of work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Intent: The Contract Documents comprise the entire agreement between the County and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by ~dl. 3.1.1. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard speci/'ication, manual, code or Laws or Regulations m effect at the time of opening of Proposals (or, on 'Lhe Effective Date of the Contract if there were no Proposals) except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (xvhether or not specifically incorporated by retkrence in the Contract Documents) shall be effective LO change the duties and responsibilities of the County, the Contractor or the Procurement Officer, or any of their consultants, agents or employees/,'rom those set forth in the Contract Documents, nor shall it be effective to assign to the Procurement Officer, or any of the Procurement Officer's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions ~1' Article 9. Clarifications and interpretations of the Contract Documents shall be issued by tl~e Procurement Officer as provided in Section 9.4. 3.1.2. If, during the performance of the Work, Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall so report to the Procurement Officer in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from the Procurement Officer. 3.2 Amending and Supplementing Contract Documents: The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.2.1. A formal Amendment of the Contract for Construction: 3.2.2. A Change Order pursuant to paragraph 10.3. As indicated in Article 1 1 Contract Price and Contract Time may only be changed by a Change Order or a Written Notice of Amendment. 3.2.3. In addition, the requirements o~,' the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.2.3.1. A Field Order (pursuant to paragraph 9.5); 3.2.3.2. The Procurement Officer's approval of a Shop Drawing or sample (pursuant to paragraphs 6.18.5 and 6.18.6); or, 3.2.3.3. The Procurement Officer's written interpretation or clarification (pursuant to paragraph 9.4). 3.3 Reuse of Documents: Neither the Contractor nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the County shall have or acquire any title to or ownership rights in any of the design details, drawings or specifications. 3.4 Precedence of Contract Documents: Notwithstanding the precedence set forth in the Pitkin County Construction Contract Agreement, a Change Order governs over all other Contract Documents impacted by the change. The Special Conditions govern over the General Conditions. In case of conflict between the Drawings and Specifications, specifications govern. Technical specifications govern over any conflicting provision of the RFP. Figure dimensions on Drawings govern over General Drawings. ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The County shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, and rights-of-way and easements for access thereto. The Contractor shall have I'ull rcsponsibilit.~ with r~spccl to any conditions or provisions contained in applicai)lc cascnmnts rclatin~ to thc lands upon which thc ~V,~rk is tt~ be performed. 4.2 Phvsical Conditions: 4.2.[. EXPLORATIONS ~D REPORTS: Reference is made to thc Special Conditions t~r identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Procurement Officer in preparation of the Contract Documents. Thc Contractor may reasonably rely upon the accuracy of thc technical data contained in such reports, but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. the Contractor shall have full responsibility with respect to subsurface conditions at the site. Contractor shall not. by virtue of this paragraph, be relieved from exercising ordinary skill and competence with respect to reliance upon the accuracv of the technical data contained in such reports. 4.2.2. EXISTING STRUCTURES: Reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) ~vhich are at or contiguous to the site that have been utilized by the Procurement Officer in preparation of the Contract Documents. The Contractor may reasonably rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for the Contractor's pu¢oses. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6. the Contractor shall have full responsibility with respect to physical conditions in or relating to such structures. The Contractor shall not, by virtue of this paragraph, be reticved from exercising ordinary skill and competence with respect to reliance upon the accuracy of the technical data contained in such drawings. 4.2.3. REPORT OF DIFFERING CONDITIONS: If the Contractor believes that any technical data on which the Contractor is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate; or any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents, then, the Contractor shall promptly, after becoming aware thereof and before perfo~ing any Work in connection therewith (except in an emergency as pe~itted by paragraph 6.22) notify the County and the Procurement Officer in writing about the inaccuracy or difference. 4.2.4. PROCUREMENT OFFICER'S REVIEW: The Procurement Officer will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect !hereto and advise the County in writing (with a copy to the Contractor) of the Procurement Officer's findings and conclusions. 4.2.5. POSSIBLE DOCUMENT CHANGE: [f the Procurement Officer concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Change Order xvill be issued as provided in Article i0 to re2t]ect and document the consequences of the inaccuracy or difference. 4.2.~. POSSIBLE PRICE AND TIME ADJUSTMENTS: in each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference as described in Section 4.2.3. The Contractor shall meet with and obtain approval from the Procnrement Officer (w his/her designee prior ~o implementing any such change in thc Work. 4.3 Physical Conditions - Underground Facilities: 4.3.1. SHOWN OR INDICATED: The information and data shown or indicated in tile Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to the County or the Procurement Officer by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Special Conditions: 4.3.i.1. The County and the Procurement Officer shall not be responsible for the accuracy or completeness of any such information or data: and. 4.3.1.2. The Contractor shall have full responsibility for determining the existence of all Underground Facilities, for reviewing and checking for all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and for repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. NOT SHOWN OR INDICATED: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which Contractor could not reasonably have foreseen, Contractor shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.17.1), identify the owner of such Underground Facility and give written notice thereof to that owner and to the County and the Procurement Officer. The Procurement Officer will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.16.1. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contratct Documents and of which the Contractor could not reasonably have been expected to be aware of such Underground Facility and subject to acceptance and approval by the Procurement Officer. 4.4 Reference Points: The County shall provide engineering surveys to establish reference points for construction which in the Procurement Officer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or re-locations without the prior written approval of the County. The Contractor shall report to the Procurement Officer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by a Registered Professional Land Surveyor Licensed in the State of Colorado. 4.5 Protection and Restoration of Property and Landscape: 4.5.i. The Contractor shall be responsible tk)r thc preservation of all public and private property and shall protect curctully from disturbance or damage all lurid atnd property and shall protect carefully from disturbance or dumage all land and monuments and property marks until the Procurement Officer has witnessed or othetxvise referenced their location and shall not remove them until directed. 4.5.2. Tile Contractor shall be responsible for all damage or injury to property of any character, during the prosecution of the Work, resulting [rom any act, omission, neglect, or misconduct in his manner or method of executing the Work, or at any time due to defective Work or materials, and said responsibility shall not be released until thc project shall have been con~pleted and accepted. 4.5.3. When or where an3.' direct or indirect damage or injury' is done to public or private property by or on account of any act, omission, neglect, or misconduct by the Contractor in the execution of the Work. or in consequence of the non-execution thereof by the Contractor. he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable tnanner. 4.5.4. State Highway 82, State Highway 133 and the County roads within the County are viewed by the County as a community asset. The County, therefore, desires to save all vegetation and other environmental features except for those which have been specifically identified for removal in the Contract Documents. 4.5.5. Materials storage, equipment parking, vehicle parking and stockpiling excavated materials shall be allowed only in those areas designated by the Procurement Officer. 4.5.6. Specific areas of vegetation and other environmental features to be protected shall be staked, fenced, or otherwise marked in the field by the Procurement Officer. However, the fact that areas of vegetation and other environmental features are not marked shall not necessarily mean that those items are expendable. The Contractor shall perform all his activities in such a manner that the least environmental damage shall result. Any questionable areas or items shall be brought to the attention of the Procurement Officer for approval prior to removal or any damage activity. Damage or destruction of unmarked trees or shrubs which could reasonably have been saved shall therefore be subject to the provisions these General Conditions. 4.5.7. If the fence, staking or marking is knocked down or destroyed by the Contractor, the Procurement Officer shall suspend the Work in whole or in part, until the fence or other protection is repaired to the Procurement Officer's satisfaction at the Contractor's expense. Time lost due to such suspen-ion shall not be considered a basis for adjustment (if Contract Time or for compensation to the Contractor. 4.5.8. If the Contractor disturbs any of the landscape not called for removal, he/she shall restore those areas as directed by tile Procurement Officer at the Contractor's expense. 4.5.9. The County may require that the Contractor replant an area that is damaged. The Work shall be done as directed by the Procurement Officer. If the Contractor is deemed to be responsible, then the replanting shall be done by the Contractor at his/her expense. If the County is -31 - responsible, the costs ~vill be reimbursed on a minor contract revisions (MCR) basis unless existing cost proposal covers thc Work. 4.5.10. With respect to replacement of trees and shrubs that have been damaged or destroyed, the following conditions shall apply: 4.5.10. L Trees or shrubs of replaceable size shall be replaced by the Contractor at his/her expense. If he/she fails to do so within a reasonable length of time as determined by the Procurement Officer and prior to the end of the contract time. the replacement value of the trees or shrubs will be deducted from any money due to the Contractor. These values shall be based upon averages derived from current prices of nurseries growing the plants, plus the cost for planting and a guarantee for the first growing season. 4.5.10.2. When trees or shrubs beyond replaceable size have been damaged or destroyed, the value of such trees or shrubs shall be calculated as per square yard of surface area measured at the ground level. 4.5.10.3. Any deduction assessed as liquidated damages under this Section shall not relieve the Contractor from liability for any damages or costs resulting from delays to the County. traveling public or other contractors. 4.6 Hazardous Materials 4.6.1. Prior to commencement of any Work and as a condition precedent to payment by the County of any costs for it, the Contractor shall at no additional cost to the County conduct tests the Contractor deems necessary to determine the existence of Hazardous Materials by appropriately licensed Subcontractors or entities. The County shall reimburse the Contractor for the invoice costs of the tests, only in the event that the Contractor furnishes the County with certified test data and results which confirm the existence of Hazardous Materials. 4.6.2. If Hazardous Materials are discovered on or under real property which is owned by the County before the date of Substantial Completion and Acceptance in accordance with Article 14 herein~ which property is within the Project boundaries, and are not present under the circumstances described in section 4.6.3, the County shall, upon the request of the Contractor, and subject to budget and appropriation, determine and obtain the appropriate disposition of the Hazardous Materials under applicable Laws and Regulations, and make such equitable adjustment in the Contract as is feasible and appropriate in the circumstances. 4.6.3. If Hazardous Materials are present on or under the real property within Project boundaries as a result of any discharge, dumping or spilling on the Project property during the term of the Contract by any party, including the Contractor, other than an agency of the executive branch of State or Federal Government, the Contractor shall at the Contractor's sole cost and expense, cause any such Hazardous Materials to be encapsulated, treated or removed from the Project property and transported for final disposal in accordance with all applicable Laws and Regulations, and shall cause the Project property to be restored to its condition existing prior to such removal (except for the absence of the Hazardous Materials), including, to the extent required, any grading and reinforcement necessary to restore the weight-bearing capacity of the Project property prior to such event. 4.t~.4. Thc County shall not be responsible for the cost of and the removal or clean-up Hazardous blaterials found in an)' matcr.ials brought to the Pmj,:ct Site. after tt~e Pm ect Site is turned over to the Contractor. ' 4.6.5. The Contractor shall provide the Procuremenl Officer with a written certification each time materials or equipment is brought onto the Work site that such materials or equipment do not contain Hazardous Materials. 4.6.6. The Contractor and the County shall cooperate with each other in the prosecution of any claim against or defense of an,,' claims made by third parties in connection with Hazardous Materials present on the Project property or contiguous properties owed or controlled bv the County. ~ 4.7 Contractor's Representations By executing the Contract, the Contractor represents that he/she has visited the site, familiarized him/herself with the local conditions under which the Work is to be performed (including weather conditions which can be expected), and cot:': :[ed his observations with the requirements of the Contract Documents. ARTICLE 5 - BONDS, INDEMNIFICATION, AND INSURANCE 5.1 Performance, Payment, and Maintenance Bonds: 5.1.1. Contractor shall furnish performance, payment, bid and/or maintenance Bonds. each in an amount specified in the Request for Proposals as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. These Bonds shall remain in effect until the job is advertised and closed except for any required Maintenance Bond which shall remain in full force and effect for m,o (2) Years from the date of project closure, except as otherwise provided by the Contract Documents. The Contractor shall also furnish such other Bonds as are required by the Special Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.1.2. If the surety on any Bond furnished bv, Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state or it ceases to meet the requirements of paragraph 5.1, Contractor shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to the County. 5.2 Indemnification: The Contractor agrees to indemnify and hold harmless the County as set forth in the County's Required Clauses. paragraph 6. 5.3 Contractor's Insurance: 5.3.1. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance as specified in paragraph 7 of the Required Clauses. -33- 5.3.2. Contractor shall cause any Subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Required Clauses, paragraph 7. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.1 General Responsibilities: 6.1.1. The Contractor shall perform all of the Work in conformance with the Contract Documents. 6.1.2. The Contractor covenants and warrants that it shall be responsible for performing the Work, and that it shall do or cause to be done the Work and services as required in the Contract Documents and any additional, collateral, and incidental Work and services as may be necessary in order to complete'the Project in accordance with the requirements of the Contract Documents, shall be responsible for providing completed Work which meets the results required by the Contract Documents, and shall achieve Substantial Completion by the Contract Time. 6.1.3. Construction services shall be performed in accordance with those professional standards listed in the Request for Proposals for quality and scope and shall be performed by the entities and persons, Subcontractors and specific personnel identified in the Contractor's Proposal in accordance with their respective degrees of participation provided and represented to County. Other construction services shall be performed by qualified construction Subcontractors and Suppliers, selected and paid by the Contractor. Nothing contained in the Contract Documents shall be construed to create any obligation or contractual liability running from the County to any of these persons or entities. 6.2 Supervision and Superintendence: 6.2.1. The 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. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2.2. The 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 the County and the Procurement Officer except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. 6.3 Labor, Materials, and Equipment: 6.3.1. The Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The 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 Contract Documents, all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the performance of Work orr Saturday, Sunday or any legal holiday without thc County's written consent given after prior written notice to thc Procurcraent Officer. 6.3.2. Unless otherwise specified in tile County's Contract Documents, the Contractor shall furnish and assume full responsibility for all ma'teriats, equipment, labor, transportation. construction equipment and machinery, tools, appliances, fuel. power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for tile furnishing, performance, testiug, start-up and completion of the W'ork. 6.3.3. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the Procurement Officerl the Contractor shall l~trnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of anv such instructions will be effective to assign to the Procurement Officer, or any of the Procurement Officer's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10.1. or 9.10.2. 6.4. - 6.6. Reserved 6.7. Work Schedule: The Contractor shall submit to the Procurement Officer for acceptance such schedule of work progress reports, estimates, records, and other data as the County may require concerning work performed or to be performed. 6.8 Substitutes of "Or-Equal" Items: 6.8.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier 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 Suppliers may be accepted by the Procurement Officer if sufficient information is submitted by the Contractor to allow the Procurement Officer to determine that the material or equipment proposed is equivalent or equal to that named. The Procurement Officer will include the following as supplemented in tile General Requirements. Requests for review of substitute items of material and equipment will not be accepted by the Procurement Officer from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of m'~terial or equipment, the Contractor shall make written application to the Procurement Officer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results catled for bv the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice the Contractor's achievement of Substantial Completion on time. whether or not ucceptance of the substitute for use in the Work will require a change in anv of thc Contract Documents (or in the provisions of any other direct contract with the County work on the Project) to adapt the design to the proposed 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 will be -35- identified in the application and available maintenance, repair and replacement service will be indicated. '["he application will also contain an itemized estimate of all costs that will resuh directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected bv the resulting change, all of which shall be considered by Procurement Officer in evaluating the proposed substitute. The Procurement Officer ma.',' require the Contractor to furnish at Contractor's expense additional data about the proposed substitute. 6.8.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents. the Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Procurement Officer. The procedure for review bv the Procurement Officer shall be similar to that provided in paragraph 6.8.1. 6.8.3· The Procurement Officer will be allowed a reasonable time within which to evaluate each proposed substitute. The Procurement Officer will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Procurement Officer's prior written acceptance which will be evidenced bv an approved Shop Drawing. The County may require the Contractor to furnish at the Contractoi"s expense a special performance guarantee or other surety with respect to any substitute. The Procurement Officer will record time required by the Procurement Officer and the Procurement Officer's consultants in evaluating substitutions proposed by the Contractor and in making changes in the Contract Documents occasioned thereby'. Whether or not the Procurement Officer accepts a proposed substitute, the Contractor shall reimburse the County for the charges of the Procurement Officer and the Procurement Officer's consultants for evaluating each proposed substitute. 6.9 Subcontractors, Suppliers and Others: 6.9.1. The Contractor shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to the County and the Procurement Officer as indicated in paragraph 6.9.2), whether initially or as a substitute, against whom the County or the Procurement Officer may have reasonable objection. 6.9.2. If the Contract Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations including those who are to furnish the principal items of materials and equipment to be submitted to the County in advance of the specified date prior to the Effective Date of the Agreement for acceptance by the County and the Procurement Officer and if the Contractor has submitted a list thereof in accordance with the Contract Documents, the County's or the Procurement Officer's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the proposal documents or the Contract Documents) of any such Subcontractor, Supplier or other person or orgamzanon so identified may be revoked on the basis of reasonable objection after due investigation, in which case the Contractor shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Written Notice of Amendment signed. No acceptance bv the County or the Procurement Officer of any such Subcontractor, Supplier or other person rjr organization shall constitute a waiver of any right of the County or the Procurement Officer to reject Defective Work. 6.9.3. The Contractor shall be fully responsible to the County and the Procurement Officer for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations pcrfi)rming or furnishing any of thc Work under a direct or indirect contracI with Contractor jusl as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contracl Dr~cuments shall create anx contractual relationship between the County or thc Procuremenl Officer and an.',; such Subcontractor. Supplier or other person or organization, nor shall it create any obligation on the part of thc County or the Procurement Officer t~ pay or to see to the payment of any moneys duc any ,',uch Subcontractor. Supplier or other person or organization except a's may otherwise be required bv Laws and Regulations. 6.9.4. The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by' any specific trade. 6.9.5. All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between the Contractor and the Subcontractor which specifically binds the Subcontractor to the Applicable terms and conditions of the Contract Documents for the benefit of the County and the Procurement Officer. 6.10 Patent Fees and Royalties: The Cm:~ractor 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. Contractor shall indemnify and hold harmless the County and the Procurement Officer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees and court costs) arising out of any infringement of patent rights or copyrights incidental to the use in the performance of the Wo'rk or resulting from the product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.11 Permits: Unless otherwise provided in the Special Conditions, the Contractor shall obtain and pay for all construction permits and licenses. The County shall assist the Contractor, when necessary, in obtainin,4 such permits and licenses. The Contractor shall pay all governmental charges and inspect, n fees necessary for tl~e prosecution of the Work. The Contractor shall pay ali charges of utilities l'or connections to the Work, and the County shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.12 Laws and Regulations: 6.12.1. The Contractor shall be familiar with and shall comply with all federal, state, and local laws, ordinances, rules, and regulations applicable to furnishing and performance of the Work including rules, regulations, and ordinances the County promulgates at any time. Except where otherwise expressly required by applicable Iaws and regulations, neither the County nor the Procurement Officer shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. 6.12.2. If the Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations. the Contractor shall give the Procurement Officer prompt written notice thereof, and any necessary changes will be authorized bv one of the methods indicated in paragraph 3.4. If the Contractor performs any Work knowir]g or having reason to know that it is contrary to La~vs or Regulations. and without such notice to the Procurement Officer. the Contractor shall bear all costs urising therefrom. 6.13 Taxes: The Contractor shall pay all existing and future applicable federal, state alld local sales, consumer. use and other similar taxes whether direct or indirect. Federal excise tax may not apply to materials purchased by the County. The Contract Price shall include all other federal, state, and/or local direct or indirect taxes ,~hich do apply. The Contract Price shall include the cost of compliance with all other Federal Laws and Regulations at no additional cost to the County (except as provided in the Contract Documents). The Contractor shall not be reimbursed separately for any taxes which may apply except as provided in the Contract Documents and the Contractor shall be responsible for all taxes ~vhich may apply'. The County is tax exempt from Federal Excise Tax and Colorado state or local sales or use taxes as stated in paragraph 8 of the Required Clauses. The Contractor and its Subcontractors shall apply to the Colorado Department of Revenue for a Certificate of Exemption indicating that the Contractor or Subcontractor's purchase of construction material or building materials is for use in a building, structure, or other public work owned and used by the County. 6.14 Use of Premises: 6.14.1. The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas permitted by the Contract Documents, law, ordinances, and permits. The Contractor shall assume full responsibility for any damage to any such land or area, or to the County or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the County or the Procurement Officer by any such owner or occupant because of the performance of the Work. Contractor shall promptly settle with such other party by agreement or otherwise resolve the claim by law. The Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the County and the Procurement Officer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the County or the Procurement Officer to the extent based on a claim arising out of the Contractor's performance of the Work. 6.14.2. During the progress of the Work, the 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, the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, temporary structures, stumps or portions of trees, and surplus materials, and shall leave the site clean and ready for occupancy by the County. The Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 6.14.3. The Contractor shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.15 Reeord Documents: Tile Contractor shall maintain in a sate place at the site ()nc record copy of all Drawings. ~,l~ccificutions. Addend:t, Written Amendments. Change Orders. Work Directive Chan~es. Field Orders and written interpretations and clarifications in good order ~,nd annotated anc~ updated weekly to show all changes made during construction. These record documents together with all approved samples will be available to the Procurement Officer for reference. Upon completion of the Work, these record documents and samples will b~: delivered to the Procurement Officer for the County. 6.16 Safety and Protection: 6.16. I. The Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.16.1.1. Ail employees in the Work Area and other persons and organizations who may be affected thereby; 6.16.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site: and 6.16.1.3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road-ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including the safety of all persons who may enter on the job site for any reason and the security of all property located on the job site. This requirement shall apply at all times during the courses of the contract and not only to normal work hours. 6.16.2. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them l:¥om damage, injury or loss; and shall erect and maintain all necessary safeguards tbr such safety and protection. The Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work mav affect them. and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.16.1.2 or 6.16.1.3 caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by anv of them to perform or furnish any of the Work or anyone for whose acts anv of them may be liable, shall be remedied bv the Contractor. The Contractor's duties and respor;sibilities for (he safety and protection of the Oqork shall continue until such time as all the Work is completed and the Procurement Officer has issued a notice to the County and the Contractor in accordance with Section 14.5 that the Work is acceptable (except as otherwise expressly provided in connecti(;: ~ith Substantial Completion). 6.16.3. The Contractor shall designate a responsible person at the site whose duty shall be the prevention of accidents in the confined spaces. This person shall be the Contractor's superintendent unless otherwise designated in writing by Contractor or County. 6.16.4. Contractor has tile affirmative duty of ensuring compliance with all Occupational Safety and Health Administration (OSHA) regulations, of designating a representative who is a comp~etcnt person for purposes of identifying existing or predictable hazards at the site. of providing required safety instruction for Contractor's Subcontractors and employees, and of immediately taking precautionary measures when necessary and remedying all identified OSHA violations. 'Daily. and other, inspections of the work site. including excaw~tions, adjacent areas and protective systems, shall be the sole responsibility of Contractor. Contractor's obligation to indemnify County specified in the Required Clauses shall include failure of Contractor to effect full compliance with OSHA regulations. 6.16.5. The Contractor shall at all times conduct the Work in such manner as will incur the least practicable interference with traffic and existing utility systems. No section of any road shall be closed to the public, nor any utility svstem put out of service except after permission has been granted by the Engineer. Each item of ~Vork shall be prosecuted to completion without delay and in no insiance will the Contractor be permitted to transfer its forces from uncompleted Work to new Work without prior written notification of the Contractor to the Engineer. The Contractor shall not open up Work to the prejudice of Work already started. Unless the Contract Documents specifically provide for the closing to traffic of any local road or highway while construction is in progress, such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition temporary approaches, crossings, or intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over the section of road affected by' the Work to be done under this Contract, and of constructing and maintaining such approaches, crossing, intersections and any necessary features without direct compensation, except as otherwise provided. The Contractor shall not close any road to the public except by express permission of the appropriate engineering authority. When the road under construction is being used by the traveling public, special attention shall be' paid to keeping the subgrade and surfacing in such condition that the public can travel over same in comfort and safety. The Contractor shall cooperate with the appropriate officials in the regulation of traffic. If the Contractor constructs temporary bridges or temporary stream crossings, its responsibility for accidents shall include the roadway approaches as well as the structures of such crossings. The Contractor shall provide, erect and maintain all necessary barricades, signs, danger signals and lights to protect the Work and the safety of the public. Contractor shall comply with the provisions of any and all applicable Traffic Safety Manuals which may be published by a governmental entity having ,jurisdiction over the Project area. All barricades, signs and obstructions erected by the Contractor shall be illuminated at night and all devices for this purpose shall be kept burning from sunset to sunrise. The Contractor shall be held responsible for all damage to the Work due to failure of barricades, signs, lights and watchmen to protect it, and whenever evidence of such damage is found prior to acceptance, the Engineer may order the damage portion immediately removed and replaced by the Contractor without cost to the County if, in its opinion, such action is justified. The Contractor's responsibility for necessary barricades, signs, and lights shall not cease until the Project shall have been accepted. 6.17 Emergencies: ! - 4 o- [-- lit emel'geilcies affecting the safely or protection of persons or thc Work or property al the siic or adiacent thereto, the Contractor. without special instruction or autlaorizatio[~ fr~m~ th~' Procurement Officer or thc County, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Procurement Officer prompt written notice if the Contractor believes that any significant changes in thc Work or variations from thc Contract Documents have been caused thereby, if the Procurement Officer determines that a chan~c in the Contract Documents is required because of the action taken in response to an emergent?, a written order will be issued to document the consequences of the changes or variations. 6.18 Shop Drawings and Samples: 6.[8.1. After checking and verifying all field measurements and after complying with applicable procedures specified in the Contract Documents, the Contractor shall submit to the Procurement Officer for review and approval in accordance with the approved schedule of Shop Drawing submissions, three (3) copies (unless otherwise specified) of all Shop Drawings, which will bear a stamp or specific written indication that the Contractor has satisfied the Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as the Procurement Officer mav require. The data shown on the Shop Drawings will be complete with respect to quantities, dim"ensions, specified performance and design criteria, materials and similar data to enable the Procurement Officer to review the information as required. 6.[8.2. The Contractor shall also submit to the Procurement Officer 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 accompanied bv a specific written indication that the Contractor has satisfied the Contractor's responsibilities' under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 6.18.3. Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto; and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.18.4. At the time of each submission, the Contractor shall give the Procurement Officer specific written notice of each variation that the Shop Drawings or samples may have ~'rom the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Procurement Officer for review and approval of each such variation. 6.18.5. The Procurement Officer will review and approve with reasonable promptness Shop Drawings and samples, [)ut the Procurement Officer's review and approval will 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, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions 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. The Contractor shall make corrections required by the Procurement Officer, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. The Contractor shall direct specific attention in writing to revisions other than the corrections called for by the Procurement Officer on previous submittals. 6.18.6. The Procurement Officer's review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Procurement Officer's attention to each such variation at the time of submission as required by paragraph 6.18.4 and the Procurement Officer has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by the Procurement Officer relieve the Contractor from responsibility for errors or omissions in the Shop Drawings. 6.18.7. Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced prior to the Procurement Officer's review and approval of the Shop Drawing or Samples. 6.18.8. The cost of furnishing all Shop Drawings and Sarnptes shall be borne by Contractor. 6.19 Mechanics' Liens: 6.19.1. The Contractor covenants and agrees that. to the extent permitted by law, no claims or mechanics' liens against public funds (mechanic's liens) or claims of any kind, will be permitted to arise, be filed or maintained against the Project or any part of it, any interest in it or any improvements on it, against any moneys due or to become due from the County to the Contractor, for or on account of any work, labor, services, materials, equipment or other items performed or furnished for or in connection with the Project, and the Contractor for itself, its Subcontractors, laborers and material suppliers and employees does waive, release and relinquish these claims or liens and all rights to file or maintain these liens and agrees further that this waiver of liens and waiver of the right to file or maintain liens shall be independent covenant and shall apply also to work, labor, services performed, materials, equipment and other items furnished under any Change Order or supplemental agreement for extra or additional work in connection with the Project. The Contractor agrees to defend, indemnify, protect and save harmless the County from and against any and ail claims or liens and actions brought or judgments rendered, and from and against any and all loss, damages, liability, costs and expenses, including legal fees and disbursements, which the County may sustain or incur in connection with the Project. 6.19.2. The Contractor also agrees as above for all of its Subcontractors, including but not limited to suppliers and employees. If any of the Contractor's Subcontractors, suppliers, employees or any other person directly or indirectly acting for, through or under its authority or any of them files or maintains a lien or claim as described above, the Contractor agrees to cause claims or liens to be satisfied, removed or discharged at its own expense by bond, payment or otherwise within thirtx, (30) consecutive calendar days from the date of the filing, and upon the Contractor's failure to do so the County shall have the right, in addition to all other rights and remedies provided under this Contract or by law, to cause the liens or claims to be satisfied, removed or discharged by whatever means the County chooses, at the entire cost and expense of the Contractor, the expense to include legal fees and disbursements. The Contractor shall give a copy of Claim Release form to all Subcontratctors and supplier,, and shall include these provisions i, all written contracts with Subcontractors, or ~ive ;vritten notice to all Subcontractors. suppliers or other persons having oral agreements with the Contractor. 6.19.3. The Contractor agrees that moneys received for the perlbrmance of this Contract shall be used first for payment due for labor, material, and services for the Project and taxes, and the moneys shall not be diverted to satis:y obligations of the Contractor on other accounts or contracts. The Contractor shall pay Subcontractors within ten (10) con$<',cttlive calendar &~vs of receipt of a progress payment from the County. The Contractor shall furnish sworn affidavits in accordance with the form furnished by the ~ounty, which shall state that amounts due or to become due, amounts paid, and any other information necessary to indicate the financial condition of the Contractor, insofar as it relates to services, labor and material furnished, and to be furnished, under this Contract. The County may take steps it may deem necessary to protect itself a~oainst any claims. 6.20 Continuing the Work: The Contractor shall carrv on the Work and adhere to the progress schedule during all disputes or disagreements with the County. No Work shall be delaved or postponed pending resolution of any disputes or disagreements, except as permitted herein 'or as the Contractor and the County may other,vise agree in writing. 6.21 Contractor Facilities: 6.21.1. All temporary contractor facilities shall be in accordance with regulations and codes governing such construction. The types of temporary construction facilities required for the Project may include, but are not necessarily limited to, the following: (a) job site office space, (b) construction water distribution, (c) temporary closures, (d) temporary heat, (e) hoists and temporary cranes, (f) temporary roads and paving, (g) construction aids and miscellaneous facilities, (h) temporary power distribution, (i) temporary lighting, (j) temporary toilet facilities. All operations of the Contractor, including storage of materials, upon the County's premises shall be confined to areas authorized or approved by County in writing. Temporary buildings, storage sheds, shops, offices, may be erected by the Contractor only with the written approval of the County and shall be built or provided with labor and materials 'furnished by the Contractor without expense to the County. Such temporary buildings and utilities shall remain the property of the Contractor and shall be removed by it at its expense upon completion of the Work. 6.21.2. Unless otherwise directed in the Supplementary Conditions, the Contractor will furnish and set construction stakes establishing all lines, grades, measurements necessary for the proper execution of the Work contracted t'or under these Specifications. The County wili provide basis horizontal and vertical control. If construction surveys are provided by the County, the Contractor shall request that County provide engineering su~eys and placement of construction stakes no less than 48 hours prior to the time such service is needed. The Contractor shall satisfv himself as to the accuracy of all measurements before constructing any permanent structure an~t shall not take advantage of any errors which may have been made in laving out the Work. The Contractor shall be held responsible t:br the proper preservation of all ~arks and stakes. Stakes provided by the County, which must be reset after initial placement, will be replaced at Contractor's expense at the current billable rate for a three-person survey crew unless the stakes were removed or destroyed by causes beyond the Contractor's control. S~id cost may be deducted from any funds due the Contractor. - 43 - t~.21.3. Tile Procurement Officer shall be authorized to inspect Work done and material furnished. Such observation may extend to any part of the Work and to preparation, fabrication, or manufacture of the materials to be used. The Procurement Officer is authorized to call the attention of the Contractor to an',' failure of the Work or materials to conform to the Contract Documents and shall have the authority to reject materials or suspend the Work not conforming to Contract Documents until any questions at issue can be referred to and decided by the County. If the Contractor refuses to suspend operations on verbal order, the Procurement Officer shall issue a written order giving thc reason for shutting down the Work. After placing the order giving the reason for shutting down the Work in the hands of the person in charge, the Procurement Officer shall immediately leave the job. Work done during the absence of the Procurement Officer will not be accepted ~or paid for. The Procurement Officer shall in no case act as foreman or perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any advice which the Procurement Officer may give the Contractor shall in no xvay be construed as releasing the Contractor from fulfilling all of the terms of the Contract Documents. ARTICLE 7 - OTHER WORK 7.1 Related Work at Site: 7.1.1. The County may perform other work related to the Project at the site by the County's own forces, have other work performed by utility owners or let other direct contracts therefor which shall Contain General Conditions similar to these. The Contractor shall perform and coordinate his/her activities with other Contractors to avoid conflict and minimize disruptions. 7.1.2. The Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or the County if the Count,~ is performing the additional work with the County's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. The Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The 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 Procurement Officer and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of the Contractor in said direct contracts between the County and such utility owners and other contractors. 7.1.3. If any part of the Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or the County), the Contractor shall inspect and promptly report to the Procurement Officer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The Contractor's failure to report such conditions will constitute an acceptance of the other work as fit and proper for integration with the Contractor's Work except for latent or non-apparent defects and deficiencies in the other work. 7.2 Coordination: 11: the County contracts with others for thc performam c of otlmr work on tile Projccl at the site, the person or organization of tile activities among the v:trious prime coutractors may b,¢ ideatificd in thc Special Conditions, and the specific matters to bc covered by suci~ authority and responsibility ma}, bc itemized, and the extent of such attthoritv and responsibilities may be provided, in thc Special Conditions. Unless otherwise provided in thc Special Conditions, neither the County nor the Procurement Officer shall have any authority or responsibility in respect of such coordination. ,aaRTICLE 8 - COUNTY'S RESPONSIBILITIES 8.[. The County shall issue all communications to the Contractor through the Procurement Officer or his/her designated person. 8.2. The County shall furnish the data required of the County under the Contract Documents promptly and shall make payments to the Contractor through processing of the monthly Progress Pay Estimate forms within 30 days from the cut-off date for a pay estimate form. 8.3. The County represents that an amount of money equal to the Contract Price has been dun appropriated in accordance with applicable law under a purchase order. The County shall not issue any Change Order or execute a Written Amendment requiring additional compensable work, which work causes the aggregate amount appropriated by the County, unless the Contractor is given a written assurance that lawful appropriations to cover the costs of the additional work shall be made. ARTICLE 9 - PROCUREMENT OFFICER'S STATUS DURING CONSTRUCTION 9.1 County's Representative: The Procurement Officer shall be the County's representative during the construction period unless County shall designate in writing another representative. The duties and responsibilities and the limitations of authority of the Procurement Officer as the County's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of the County and the Procurement Officer. 9.2 Visits to Site: The Procurement Officer shall 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. The Procurement Officer shall make on-site inspections to observe the quality or quantity of the Work. The Procurement Officer's efforts will be directed toward providing for the County 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, the Procurement Officer will keep the County informed of the progress of the Work and will endeavor to guard the County against defects and deficiencies in the Work. 9.3 Project Representation: The County may furnish a Resident Project Representative to assist the Procurement Officer in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be to ensure conformance of work with specifications provided in the Special Conditions. The duties, responsibilities, and limitations of authority of the resident Procurement Officer will be as provided in the Special Conditions. 9.4 Clarification and Interpretations: The Procurement Officer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the Procurement Officer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time. the Contractor shall meet with the Procurement Officer and resolve the issue. All such requests or claims shall be submitted to the Procurement Officer. 9.5 Aathorized Variations in Work and Minor Contract Revisions: The Procurement Officer may request or authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a written request or a field order and will be binding on the County. and also on the Contractor who shall perform the Work involved promptly. If the Contractor believes that a field order justifies an extension of the Contract Time and the parties are unable to agree as to the extent thereof, the Contractor may make a claim therefor as provided herein. 9.6 Rejecting Defective Work: The Procurement Officer will have authority to disapprove or reject Work which the Procurement Officer believes to be Defective, and will also have authority to require special inspection or testing of the Work as provided herein below, whether or not the Work is fabricated, installed or completed. 9.7. Shop Drawings, Change Orders and Payments: 9.7.1. In connection with the Procurement Officer's responsibility for Shop Drawings and samples, see paragraphs 6.19.1. through 6.20.1. inclusive. 9.7.2. In connection with the Procurement Officer's responsibilities as to Change Orders, see Article 10 and Article 11. 9.7.3. In connection with the Procurement Officer's responsibilities in respect of request for Payment, etc., see Article 14. 9.8 Decisions on Disputes: 9.8.1. The Procurement Officer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters raised by Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles i1, and 12 in respect to changes in the Contract Price or Contract Time shall be referred initially to the Procurement Officer in writing with a request for a formal decision in accordance with this paragraph, which the Procurement Officer will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter by the Contractor will be delivered to the Procurement Officer promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to the Procurement Ofl'iccr within sixty (6t)) days ufter such occurrence unless the Procurement Officer allows an additional period o1' time to ascertain more accurate dat~_t in support of the claim. 9.S.2. The rendering of ~t decision by thc Procurement Officer pursuant to paragraph 9.8.i. with respect to zmv such claim, dispute or other matter shall be a condition precedent to any exercise by the Contractor of such rights or remedies as the Contractor may otherwise have under the Contract Documents or at law in respect of any such claim, dispute or ~ther matter. The County shall not be bound by any initial interpretation by the Procurement Officer of the requirements of the Contract Documents, judgment on the acceptability of the Work thereunder, or formal decision made bv the Procurement Officer in accordance with paragraph 9.8.1. Any dispute not resolved by the initial decision of the Procurement Officer shall be decided by ihe County, who shall reduce the decision in writing and furnish a copy thereof to the Contractor and the Procurement Officer. The decision of the County shall be final subject to review by the Pitkin County District Court in Pitkin County, Colorado. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Work and in accordance with the Procurement Officer's interpretation. 9.9 Reserved 9.10 Limitations on Procurement Officer's Responsibilities: 9.10. l. Neither the Procurement Of~'ficer's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by the'Procurement Officer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Procurement Officer to the Contractor, any Subcontractor, any Supplier, or any other person or organization performing any of the Work. or to any surety for any of them. 9.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed". "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjeciives "reasonable", "suitable", "acc~ptable'', "proper" or "satisfactory" or adjectives of like effect or import are used to describe ~ requirement, direction, review or jud~m-nent of the Procurement Officer as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to the Procurement Officer any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to~ undertake responsibility contrary to the Contract Documents. ,ARTICLE 10 - CHANGES IN THE WORK 10.1 County Initiated Changes 10.1.1. The County may require, without notification to sureties, the Contractor to perform changes, additions or deletions to the Work at anytime after execution of the Contract without invalidating the Contract. Changes shall be accomplished as set forth in Section 3.2. above. 1_0.1.2. The Contractor shall promptly perform changes in the Work in .tccordance with applicable provisions of the Contract Documents, unless otherwise provided in a Change Order or Amendment to the Contract for Construction. 1().[.3. The following procedure shall be followed for the Count)' notifying the Contractor .)f proposed County initiated changes. Thc Procurement Officer shall issue a notice informing the Contractor of a plahned change in the Work and its scope, and requesting the Contractor's detailed price proposal. The Contractor, at no expense to the County. shall submit a priced proposal ibr performing the proposed change in the Work. The Contractor, within re~t (10) conseczmw calendar days after receiving the Notice of Change. or such longer time which the Procurement Officer in his/her discretion has granted, shall provide the Procurement Officer with a complete and itemized proposal which includes the estimated increase or decrease in the Contract Price and/or in the Contract Time attributable to the planned changes on the criteria and methods described in Article 11. The Contractor shall be responsible for delays to the Work and any additional costs incurred by the County caused by its failure to submit complete pricing information within the time provided above. The Contractor shall participate with the County in prompt joint analysis and negotiations to finalize a Change Order, if necessary. 10.2 Written Notice of Change 10.2.1. A Written Notice of Change mat}' be used when: 10.2.1.1. The County determines that the Contractor must proceed immediately to perform a change in the Work in order to avoid an adverse impact on the schedule or other unchanged Work. and sufficient time is not available to negotiate an adjustment to the Contract Price or Contract Time; or 10.2.1.2. The County and Contractor have not completed their negotiation and reached agreement on all of the terms of a Change Order, but the County requires the Contractor to proceed without such agreement. 10.2.2. Upon receipt of a Written Notice of Change the Contractor shall promptly proceed with performing the change in the Work. Additionally, the Contractor shall comply with all the requirements of 10.3 of these General Conditions. 10.3 Change Order When the Contractor and the County reach agreement on the adjustments to the Contract Price and/or Contract Time, such agreements shall be promptly recorded in an executed Change Order. 10.4 Contractor Change Request 10.4.1. If the Contractor: (i) receives any oral or written instructions, directives or interpretations of Contract Documents, or determinations from the Procurement Officer or, (ii) identifies what it believes are design errors or omissions in the Contract Drawings or Specifications, or (iii) encounters a differing site condition; or, (iv) is delayed in the progress of the Work: or, (v) becomes aware of any other matter or circumstance which it believes would require a change in the Contract Price or Contract Time. the Contractor shall give the Procurement Officer prompt written notice of such matters in a letter or notice denominated "Contractor Change Request". 10.4.2. All Contractor Change Requests shall be dated, numbered sequentially, and shall describe the action or event which the Contractor believes may require an extension in time or price. The Contractor shall also provide descriptions of possible Contractor actions or solutions to minimize the cost of the Contractor Change Request and. provide an estimate of thc adjustment in thc Contract Price and/or Contract Time which it believes is appropriate. 10.4.3. With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions in the Contract Documents, a Contractor Change Request shall be submitted before the Contractor acts on them, but in no event more than te~ ti(Ii consecutive cale~tdar days after they were received or discovered. 10.4.4. With respect to any; differin~ site conditions, a Contractor Change Request shall be submitted before the conditions are distu~-bed, but in no event more than tet~ (10.) consecutive calendor days after the conditions are first discovered. [0.4.5. With respect to delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the delay, but in no event more than ten (10) consecutive calemlar days therefrom. 1{).4.6. With respect to any matters or circumstance which the Contractor believes would require a change, including delays, a Contractor Change Request shall be submitted as soon as the Contractor has knowledge of the matter or circumstance, but in no event more than ten (10~ c~msecutive calendar days after the Contractor becomes aware of such circumstance or matter. 10.5 Down Time: The Contractor may be granted time extension for down time. No other compensation of any kind shall be made to the Contractor for down time. Equipment failure, lack of adequate labor or tools or materials to perform the Work shall not constitute down time. 10.6 Submittal Requirements and Waiver of Claims 10.6.1. If the Contractor does not submit a Contractor Change Request within the time required above, any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, will not be considered bv the County as a change to the Work and the Contractor waives any claim for an adjustment on the Contract ~rice or the Contract Time. 10.6.2. The Contractor shall, within ten (lO) consecutive calendar days submit in detail, a Contractor Change Request, and provide the Procurement Officer a complete and itemized proposal which contains the information described in Article il. The proposal shall also contain a detailed explanation, citing all applicable provisions in the Contract Documents, which supports the Contractor Change Request. If the Contractor does not submit its itemized proposal within the time described above or within such extension which the Procurement Officer, in his/her discretion may have granted in writing, it waives any claim for an adjustment in the Contract Price or Contract Time arising out of the act or event described in the Contract Change Request. 10.6.3. If a Contractor Change Request is denied by the Procurement Officer, in whole or in part, any claim for an increase in the Contract Price or Contract Time arising out of the act or event described in the Contractor Change Request is waived unless the Contractor timely complies with the provisions of paragraphs 10.4.1. through 10.4.6. ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACT TIME 11.1 Contract Price Ad. justments. All adjustments to thc Contract Price shall be determined by using one or more of tire following methods: I 1.I..1. A negotiated lump sum for work items that cannot be itemized. The Contractor shall promptly provide sufficient substantiating data, including calculations, measurements, cost records, production rates, equipment types and capacity, labor costs by craft and other information which the County may reasonably require thc Contractor to produce in order to permit the County to evaluate the Contractor's lump sum change order proposals. In pricing this proposal, the Contractor shall include estimates of the type of costs described in Section 11.4 below. [1.1.2. Unit prices stated in the Contract Documents or subsequently agreed upon multiplied by final verified quantities of work per~t~ormed; 11..1.3. Cost to be determined in a manner agreed upon bv the parties which includes markups that do not exceed those set forth in Section 11.4 below. 11.1.4. Costs to be determined in the manner described in Section 11.3.1. 11.2 Contract Time Adjustments. 11.2.1. Any extension of the Contract Time must be requested in a Contractor Change Request which cor~plies with all of the requirements of paragraphs 10.4.1 through 10.4.6. Failure to strictly comply with the timing and submittal requirements shall constitute a waiver of any request or claim. 11.2.2. If the Contractor is delayed at any time in the progress of the Work and such delay was caused, in whole or in part, by the'act or omission of the County, or by changes ordered in the Work, pursuant to strikes, lockouts, fire, unusual delay by common carriers, unavoidable casualties, or anv other causes beyond the Contractor's control, then the Contract Time shall be extended by the Cc;untv. Such extensions will be for a period of time as the County may in its discretion determine, provic~ed however that such delay could not have been avoided by the exercise of due diligence by the Contractor and did not result from the acts or omissions of the Contractor and, provided further, that the Contractor has taken reasonable actions to mitigate or prevent further delays resulting from such causes. 11.2.3. If abnormal weather conditions are the basis for a claim for an extension of the Contract Time, such claim shall be documented on the Procurement Officer's Daily Construction Log forms substantiating that weather conditions were unusually severe for the period of time, and could not have been reasonably anticipated. Regardless of actual weather conditions, any day in which the Contractor is able to w~)rk sixty percent (60%) or more of its scheduled work force shall not be counted as an abnormal weather day for purposes of calculating weather related time extensions. 11.2.4. The Contractor agrees that delays resulting from any causes other than acts or omissions of the County, its employees, agents or officials shall be considered fully compensated by a time extension only and agrees to make no claim for monetary damages for such delays. In no event shall the Contractor be entitled to recover any delay costs caused by the acts or omissions of the Contractor, its employees or agents. 11.2.5. II' thc Contractor believes that it has suffered delays in performing thc '~ork that arc caused by acts or omissions of'thc County. the Contractor max' stSbmil a Contractor Chan~c Request with detailed justifications acceptable to the Procurement Offic'er. Failure of the Contracto~I to comply with all requirements shall constitute a waiver of any claim lbr damages resulting from such delays. 11.3 Force Acco~tn! V~brk. 11.3.1. In situations where the cost or time R~r performing a required change cannot be adequately defined or agreed upon but the chanaed Work must proceed, the Count,,' may direct the Contractor to perform the Work on an Equitable'-Adjustment basis. Ad, iustment sha'll be'determined on the basis of reasonable expenditures and savings of those performing the change in the Work including, in case of an increase in the Contract Amount, an allowance for overhead and profit which shall not exceed the allowance described in 11.4.7 below. In such case, the Contractor shall keep and present, in such form as the County may prescribe, an itemized detailed accounting together with appropriate supporting data of all of the costs described in Section 11.4.1 through Section 11.4.4 which clearly' distinguishes the cost of changed Work from base contract Work. Information which shall be required on these forms includes an itemization of all costs for labor, materials and equipment rental and total costs to date for force account work. The Contractor shall include hours worked, rates of :~ay, names and job classifications for all workers and size, type, identification number, rental rate and hours of operation for equipment. 11.3.2. Unless otherwise provided in the Contract Documents, costs for the purposes of Equitable Adjustment Work shall be itemized daily on forms provided by the Procurement Officer which are signed by the Contractor and the Procurement Officer. Such costs shall form the basis for determining the maximum amount to be paid the Contractor, but this amount may be reduced where necessary to take into account the cost of base contract Work, Work included in approved Change Orders, Work described in Work Directive Changes, idle time [br workers and/or equipment when work could have been pe:-;brmed in other locations or the number of workers or amount of equipment provided exceeds the numt)er or amount required to perform the Work, unsatisfactory Work or Work which may be performed concurrently with the changed Work and which cannot be ~asily segregated from the changed Work. The worker hours, equipment hours, and materials installed shall be logged on the County;s Daily Consimction Log form for every day the Work is performed. 11.4 Contract Sum Determination l [.4 In no event shall the charge or credit to the County associated with any change exceed the sum of the lbllowing: 11.4.1. Direct Labor. Actual net direct increase or decrease in the cost of the Contractor's labor for all work associated with the change. Contractor's labor shall be limited to Davis-Bacon Act work categories or other labor (including salaried field personnel) that perform the individual change in Work full-time. For shop work, the direct labor includes workers who work directly on the item being manufactured or operators of equipment being used to handle items being manufactured. 11.4.2. Labor Burden. Contractor's actual costs for Workers Compensation and Liability insurance, payroll taxes, social security and employees fringe benefits (including employer paid health insurance) imposed on the basis of payrolls. This burden must reflect the '.ariabititv of some hardens, i.e., social security. The burden shall include all small tools which cost less than $200 apiece. -,51 - I 1.4.3. Direct IMaterial. Supplies. Installed Equipment. Actual net direct cost of materials. supplies and equipment incorporated in or consumed by the Work. If actual costs are not available, thc cost shall be thc lowest commercially available price including all discounts and rebates and all applicable taxes. Cost shall be based on buying the material, supplies and equipment in thc largest practical quantity to receive quantity discounts. 1 1.4.4. Equipment. Actual net cost to the Contractor of owned and/or rented equipment other than small tools, to be determined using the following method(s): 11.4.4.1. Owned equipment operating costs shall be determined using accepted industry standard forms and methods for "Owning and Operating Equipment" as described by the U.S. Army Corps of Engineers (COE) in its latest edition of the "Construction Equipment Ownership and Operating Expense Schedule, Region V" (Document No. EP 1110-i-8, Volume 5). 11.4.4.2. Rental equipment costs shall be determined using actual invoiced rates less all discounts for bare equipment rental. Operating costs will be determined based on rates in the above-cited C.O.E. manual. 11.4.4.3. Mobilization/demobilization costs will be paid if the equipment is mobilized exclusively for Work described in a change requested by the Procurement Officer or a Change Order. If the equipment is used on base contract work, no mobilization or demobilization cost will be paid. Mobilization/demobilization cost will be based on using the least expensive means to mobilize or demobilize. Equipment shall be obtained from the nearest available source. When the least expensive methods are used, then costs shown in the actual invoice will be the basis for pricing. 11.4.5. Bonds, Insurance, Permits and Taxes. Actual increases or decreases in the cost of premiums for all bonds and insurance, permit fees. and sales, use or similar taxes related to the Work. 11.4.6. Subcontract Costs. Net cost of subcontractor work at any tier, provided that the cost of the subcontractor is determined in accordance with the above requirements. When possible, the Contractor shall obtain quotes from two or more subcontractors. 11.4.7. Overhead and Profit. 11.4.7.1 Ten percent (10%) of the sum of Section 11.4.1 through Section 11.4.5 above, to cover a profit for Work performed by that Contractor or subcontractor. 11.4.7.2 Two percent (2%) of Section 11.4.6 above to cover Contractor's and subcontractor's overhead and profit for work performed by the Contractor or subcontractor. 11.4.7.3 Neither the Contractor nor any subcontractor, nor the County in the case of a credit, will attempt to apply these percentage adjustments in a way which would pyramid either the cost or credit because a subcontractor or subcontractors at any tier are involved. 11.4.8. Totals as Equitable Adiustment. The Contractor agrees that the total of the above constitutes an equitable adjustment for any and all damages resulting from a change or due to delay or disruption caused by the County. The Contractor's choice of idling and Down Time shall not constitute a Count~"s' cause for delay or disruption. 11.5 Cost and Pricing Data I 1.5.1. Certificate of Current Cos: or Pricin~ Data The Contractor shall submit il Certificate el: Currenl Cost or Pricing Data with any agreed upon C~mtract Price adjustment, but prior to ti'to execution of a Change Order for the work. in the tbllowing fi)rmat: Certificate of Current Cost and Pricing Data This is to certify that, to the best of my knowledge and belief, the cost of pricing data submitted in writing to the County' in support of __ '~' are accurate, complete, and current as of =~::~: and represent the best prices available from suppliers and subcontractors. This certification includes the cost of pricing data supporting any advance agreements and forward pricing rate agreements between the offer or and the County that are part of the proposal. Firm Name Title Date Signature Date ,,t: ,~: * Menti~; the appropriate number of the Change Notice. *'* Date when pricing negotiations were concluded and price agreement was reached. * * * Date ofsignin~k; which shouM be as close as practicable to the date when the price negotiations were conc&ded and price agreement reached. 11.5.2. Vendor Statements. The Contractor shall submit in support of all items which are not unit prices or lump sum prices established by the Contract, statements by the affected vendors that the prices are not in excess of those previously charged to the County or the supplier's regular commercial customers for the same items. 11.5.3. Price Reductions for Defective Costs or Pricing Data. If it is later determined that pricing adjustments to the Contract were not correct due to incomplete or inaccurate pricing data by the Contractor or any subcontractor or supplier or that lower prices were readily available, the price shall be reduced accordingly and the Contract modified by a Change Order. 11.6 Variation in Quantity of Unit Priced ltetns Where the quantity of a unit-priced item in this Contract is an estimated quantity and the actual quantity of the unit-priced item varies more than twenty-five percent (25%) above or below the estimated quantity, an equitable adjustment in the Contract Price may be made by a written Change approved by the Contractor and the Procurement Officer. The equitable adjustment shall be based upon any increase or decrease in cost due solelv to the variation above one hundred twenty-five percent (125%) or below seventy-five percent (75%) of the estimated quantity. The County at any time after the award of the Contract, may delete Proposal items, provided that the total of such deletions does not exceed twenty five percent (25%) of the total Contract Price, and such deletions will not justify an increase in other Proposal prices. If the quantity variation is such as to cause an increase in the time necessary fi)r completing the Work the Contractor may request in writing, an extension of time only. ARTICLE 12 - Reserved ARTICLE 13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 WarranO' 1_3.1..1. The Contractor warrants and guarantees to the County that all Work. whether supplied, furnished, installed, provided, or performed by Contractor, a Subcontractor. or Supplier. will be in accordance with the Contract Documents and'will not be Defective. All Defective Work. whether or not in place, must be rejected, corrected or accepted as provided in this Article 13. Work shall be performed in a skillful and wor'krnanlike manner. Except where longer periods of warrant'; are indicated for certain items, Contractor warrants Work, whether furnished, installed, provided. performed or supplied bv Contractor, a Subcontractor or Supplier, to be free from faulty materials and workmanship for a period of not less than m,'o (2) Years from date of Final Payment, which two (2) Years period shall be covered by the Bonds as specified in the Contract Documents. Landscaping replacement shall be warranted for two (2) growing seasons. [3.1.2. The Contractor, at no additional expense to the County, shall remedy' damage to equipment, the site, or the buildings or the contents thereof which is the result of any failure or defect in the Work, and restore any work damaged in fulfilling the requirements of the Contract Documents. 13.1.3. With respect to all warranties, express or implied, from Subcontractors. manufacturers, or Suppliers for Work performed and materials furnished under the Agreement, the Contractor shall: 13.1.3.1. Obtain all warranties that would be given in normal commercial practice. To the extent that the Subcontractor's, manufacturer's, or Supplier's, standard warranty exceeds the minimum County requirements as set forth in this Article or elsewhere in the Contract Documents, the Subcontractor's, manufacturer's, or Supplier's standard warranty shall apply. 13.1.3.2. Require all warranties to be executed, in writing, for the benefit of the County, if directed by the Procurement Officer: or 13.1.3.3. Enforce all warranties for the benefit of the County, if directed by the Procurement Officer. 13.1_.3.4. Assi~ma all warranties and guarantees in writing to the County upon the request of the County. 13.1_.4. Notwithstanding anything to the contrary above, the Contractor shall warrant that ail equipment which is incorporated into the Work or any subsystem shall be new, free from liens and defects in desig-n, have clear title, be free from faulty materials and workmanship, and shall conform in all aspects to the terms of the Contract Documents, to the drawings issued for manufacture by the Contractor, and shall be in conformance with the Technical Specifications and Contractor's Proposal (except in those instances where the Contractor's Proposal has been amended by subsequent Technical Specifications). Unless the warranty period is otherwise extended or modified, the following warranty shall apply. If within five (5) Years from the date each piece of equipment incorporated into the Work or any subsystem is accepted by the County, it appears that the equipment or any part thereof does not conform to the above warranty and guarantee provisions, and the County so notifies the Contractor within a reasonable time after its discovery, the Contractor shall thereupon promptly correct such nonconformity to the satisfaction of the County, at the Contractor's sole expense; failing which the County may reject the item and cover by purchasing substitute items or the County may proceed to make corrections or accomplish the Conm~ctor's performance b;, thc most expeditious means available, thc cost o[' cover t;r correction shall i,~,, char,,ed lo Ibc Contractor. 13.1.4. I.. The preservation, packaging, packing, and marking, and the preparation ['or, and method of. shipment of such equipment shall contbrrn with the requirements of the Contract Documents. 13.1.4.2. When return, corrections, or replacement is required, transportation charges and responsibility for the supplies and equipment while in transit shall be borne b,, thc Contractor. ' 13.1.5. In addition to the foregoing, in the event that any single component in the Work experiences failures during the warranty period such that the number of failures under normal service conditions exceeds ten percent (10%) of the Work population of that component, the Contractor shall perform a desigm defects analysis. If the analysis shows the component desig~n to be defective, the component shall be redesigned, and the entire population of that component shall be replaced and/or retrofitted. 13.1.6. Whenever there is a conflict between the warranties required by the Contract Documents and the warranty provided by a Subcontractor. manufacturer or Supplier, the terms and conditions of the warranty that affords the County the areatest protection shall be bindina upon the Contractor. ~ ~ 13.1.7. The above warranties or other warranties agreed to by Contractor shall not limit the County's rights under other provisions of this Article with respect to latent defects, ~ross mistakes, or fraud. 13.1.8. Neither the foregoing nor any provision in the Contract Documents, nor any special guarantee time limit, shall be held to limit the Contractor's liability for defects, to l~ss than the legal limit of liability in accordance with the law of the place of building. 13.1.9. Any supplies or equipment, or parts thereof, corrected or furnished in replacement under this Article, shall also be st',bject to the terms of the warranty provisions herein to the same extent as supplies and equipment initially delivered. The warranty, with respect to supplies, equipment, or parts thereof, shall be equal in duration as if initially delivered and shall mn from the date of delivery of the corrected or replaced supply, or upon the date it is placed in service, whichever is later. 13.2 Access to Work: The Procurement Officer and the Procurement Officer's representatives, other representatives of the Count.,,', testing agencies and governmental agencies with jurisdictional interests shall have access to the Work, at any time for their observation, inspecting and testing. Contractor shall provide proper and safe conditions for such access. 13.3 Tests and Inspections: 13.3.1. The Contractor shall cooperate with material testing persons and finns, and for required inspections, and compliance and approval tests for the Work perlBrmed by the Contractor or his/her Subcontractor(s), and shall give the Procurement Officer timely Notice o'f Readiness of the Work for all required tests, inspections, or approvals. -55- 1_;..~._. If any laws. ordinances, rules, reaulations, code or order ¢)17 an,,' pnblic body havin~ jurisdict;on requires any' Work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish the Procurement Officer the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pa',' all costs in ctmnection with any inspection or re-testing required in connection with the County's'or the Procurement Officer's acceptance of at Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation in the Work. The cost of all inspections, testing, re-testing and approvals in addition to the above which are required by the Contract Documents shall be paid bv the Contractor (unless otherwise specified). The County will conduct and pay for the conformance tests on materials installed in-place, and the Contractor shall pay for re-testing of all failing and non-conforming materials thereafter. 13.3.3. All inspections, tests or approvals other than those required by laws, ordinances, rule. regulations, code. or order of any public body having jurisdiction shall be performed by organizations acceptable to the Procurement Officer. 13.3.4. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Procurement Officer, it must be uncovered for observation. Such uncovering and testing when required by the Procurement Officer shall be at the Contractor's expense. 13.3.5. Neither observations by the Procurement Officer nor inspections, tests or approvals by others shall relieve the Contractor 'from the Contractor's obligations to perform the Work in accordance with the Contract Documents. 13.4 Uncovering Work 13.4.1. If any Work is covered contrary to the written request of the Procurement Officer it must, if requested by the Procurement Officer, be uncovered for the Procurement Officer's observation and replaced at the Contractor's expense. 13.4.2. If the Procurement Officer considers it necessary or advisable that covered Work be observed by the Procurement Officer or inspected or tested by others, the Contractor, at the Procurement Officer's request, shall uncover, expose or otherwise make available for observation, inspection or testing as the Procurement Officer may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, the Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to lees and charges of engineers, architects, attorneys and other professionals), and the County shall be entitled to an appropriate decrease in the Contract Price. 13.5 County May Stop The Work If the Work is defective, or the Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the County may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the C~mntv to stop thc Work shall [lot give risc to anx duty on thc part ~i' thc County to exercise this right for ~hc benefit of the Contractor or any t~ther par{3. 13.6 Correction or Removal of Defective Work: If required by the: Procurement Officer or tile County, thc Contractor shall promptly, as directed, either correct all Del:~ctive Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Procurement Officer or the County. remove it from the site and replace it with non-defective Work. The Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to lees and charges of engineers, architects. attorneys and other prolkssionals) made necessary thereby. 13.7 Correction Period: If: within one (l) 3'ears after the date of Final Payment or such longer period of time as may be prescribed by laws or by the terms of any applicable special guarantee required by the Con'tract Documents or by any specific provision of the Contract Documents. any Work is found to be Defective, the Contractor shall promptly without cost to County and in accordance with Countv's written instructions, either correct such Defective Work. or. if it has been rejected bv County, remo've it from the site and repI:[~:e it with non-defective Work. if the Contractor does not'promptiy (,within seven (7) days for rec,:,pt) comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the County may have the Defective Work corrected or the rejected Work removed and replaced, and all direct,' indiC'ecl and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid bv the Contractor. Contractor shall also pay for any damage to other Work, other property, or person which occurred as a result of the Defective Work. 13.8 Acceptance of Defective Work: If, instead of requiring correction or removal and replacement of Defective Work, the County prefers to accept it, the County may do so. The Contractor shall bear all direct, indirect and consequential costs attributable to the County's evaluation of and determination to accept such Defective Work. All accepted defective Work shall be subject to significant price reduction acceptable to the County a~d the Procurement Officer. If acceptance occurs after final payment, an appropriate amount sh~ll be paid by Contractor to County. 13.9 County May Correct Defective Work: If the Contractor fails within ten (10) conseczttive calendar days after written notice of the Procurement Officer or the County to proceed to correct and to correct Defective Work or to remove and replace rejected Work as required by the Procurement Officer or the County in accordance with paragraph 13.6., or if the Contractor tails to perform the Work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents, the County may, after seven days' written notice to the Contractor. correct and remedy anv such deficiency, in exercising the rights and remedies under this paragraph the County sh;all proceed expeditiously to the extent necessary to complete corrective and remedial action. The County may exclude the Contractor from all or part of the site, take possession of all or part of the Work, and suspend the Contractor's services related thereto, take possession of the 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 tbr which the County has paid the Contractor but which are stored elsewhere. The Contractor shall allow the County, the County's representatives, agents and employees such access to the site as may be necessary to enable the County to exercise the rights and remedies under this paragraph. Ail direct, indirect and consequential costs of the County in exercising such rights and remedies will bc charged against thc Contractor. and a Change Order will De issued b) the C~ntv irtcorporating the necessary revisions in the Contract Price. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others 'destroyed or damaged bv correction, removal or replacement of the Contractor's Defective Work. The 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 the County of the County's rights and remedies hereunder. 13.10 Unauthorized Work: Work performed beyond the lines and grades on the Drawings or approved Design Documents. Construction Documents or Shop Drawings and extra work done without written authorization, will be considered as unauthorized work, and the Contractor will receive no compensation therefore. If required by the County, unauthorized work will be remedied, removed, or replaced by the Contractor at the Contractor's expense. )d;[T1CLE 14 - CONSTRUCTION SCHEDULE, SCHEDULE OF VALUES, pAYiVIENTS TO CONTRACTORS AND COMPLETION 14.1 Schedules: 14.1.1. Within ten (10) days after issuance of the Notice to Proceed and at least ten (10) days prior to submitting the first application for a progress payment, the Contractor shall prepare and submit to the County the progress schedule listin~ all Work tasks required, duration of tasks, sequence of Work, and sig-nificant milestone events: a schedule for Shop Drawing submission; and a schedule of values. These schedules shall be satisfactow in form and substance to the County and the Engineer and shall employ the CPM or PERT method if so directed in the Supplementary Conditions. The progress schedule shall be an accurate reflection of the Work to be performed by Contractor. The progress schedule shall be subject to the review and concurrence of the County, but the County's concurrence shall not constitute any guarantee or warranty by the County that the Work can be performed as scheduled. Notwithstanding the County's review and concurrence of the progress schedule, Contractor shall be paid only according to its completion of the schedule of values, as set forth herein, and not according to the progress schedule. The Contractor shall revise the progress schedule if so requested by the County. 14.1.2. The schedule of values shall indicate quantities and unit prices aggregating the Agreement Price and shall subdivide the Work into component pans in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the schedule of values by Procurement Officer and the County, the schedule shall be incorporated into the form for Application for Partial Payment and such form shall be subject to Procurement Officer's and the County's reasonable approval. The Contractor shall revise the schedule of values if requested by the County. The Contractor may include on its Application for Partial Payment, payment for materials stored at the construction site, provided that title to such materials will pass to the County at the time of payment free and clear of all claims, security interests, and encumbrances. 14.2 Application for Progress Payments 14.2.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), Contractor shall submit to the Procurement Officer for review an Application for [):trti:~I l)~lymcn[ c~)mptetcd and signed by Contract~)r covering thc Work completed as of thc d~tte the Application :tnd accompzmied b~' such supporling documentation as is required bx' thc Documents and also as Procurement Officer mav reasonably require. Each subsequeh! Application 1or Partial Payment shall include an affidavit of ~ontractor st~'~ting that all previous progress payments received on account of the Work have been applied to disch~r,zc in t'ull all o1' Contractor's obligations reflected in prior Applications for Partial Payment. The amot~nt of retainage with respect to p~'ogress payments will be as stipulated in the Agreement. 14.2.2 The determination of quantities of Work acceptably completed under the terms of the Contract Documents will be made bv the Procurement Officer an~t based on measurements taken bv i~im or his assistants. These measurements wilt be taken according to the United States standar~l measure. All surface and linear measurements will be taken horizontally unless otherwise shown on Plans or specified. Structures shall be measured as shown on the Plans~ When base course, topsoil, surface course, or any materials are measured bv the cubic yard in the vehicle, such measurement shall be taken at the point of delivery., The capacity of all vehicles shall be plainly marked on said vehicle and the capacity or marking shall not be chan_oed without permission of the Procurement Officer. The Procurement Officer ma;' require all vehicles to have uniform capacity. 14.2.3 No progress payment except final ~)avment will be made for a sum of less than $1,000.()0. The estimates will be approximate only, ~n~t all partial or monthly estimates and payments shall be subject to correction in the estimate rendered following discove~ of an error in ant' previous estimates. Should any defective Work or material be discovered, or should a reasonable (5oubt arise as to the integrity of an5, part of the Work completed previous to the final payment, there will be deducted from the first estimate rendered after the disc ~verv of such Work an amount equal in value to the defective or questioned Work, and this Work will not be iucluded in a subsequent estimate until the defects have been remedied or the causes for doubt removed. 14.3 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to County at the time of payment free and clear of all claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Claims"). 14.4 Review of Applications for Progress Payment 14.4.1. Procurement Officer will, within ten (10) days after receipt of each Application for Partial Payment either indicate in writing a recommendation of payment and present the Application to County, or return the Application to Contractor indicating in writing Procurement Officer's reasons t:or refusing to recommend payment. In later cases, Contractor may make the necessary corrections and resubmit the Application. The County shall pay Contractor within forty-five (45) days of County's approval of the Application for Partial Payment. 14.4.2. Procurement Officer's recommendation of any payment requested in an Application lbr Partial Payment will constitute a representation by Procurement Officer to County, based on Procurement Officer's on-site observations of the Work in progress as an experienced and qualified design professional and on Procurement Officer's review of the Application for Partial Payment and the accompanying data and schedules, that the Work has progressed to the point indicated, and that, to the best of Procurement Officer's knowledge, information, and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the Wot/k as a functioning Project upon substantial Completion. to the results of any subsequent tests called I'or m tile Contract Documents and any qualifications stated in the recommendation). However, b5 recommending any such payment Procurement Officer will not thereby be deemed to have represented thai exhaustive or continuous on-site inspections have been made to check the quality or the quantity or' the Work, or that the means, methods, techniques, sequences, anti procedures of construction have been reviewed or that any examination has been made to ascertain how or for what purpose Procurement Officer has used the moneys paid or to be paid to Contractor on account of the Agreement Price, or that title to any Work, materials or equipment has passed to County free and clear of an,,,' Claims. 14.4.3. Procurement Officer may refuse to recommend, and the County may refuse to pa3.', the whole or any part of any payment, if,'in their opinion, it would be incorrect to make such payment. They mav also refuse to recommend to make any such payment, or because of subsequently discovere~t evidence or the results of subsequent inspections or tests, nullify' any such payment previously recommended, to such extent as may be necessary in Procurement Officer's or County's opinion to protect County from loss because: 14.4.3.1. The Work is defective, or completed Work has been damaged requiring correction or replacement, 1.4.4.3.2. Written Claims have been made against County or Claims have been filed in connection with the Work, t 4.4.3.3. The Agreement Price has been reduced because of modifications, 14.4.3.4. Count), has been required to correct defective work or complete the Work in accordance with paragaph 13.09 (check para. #), 14.4.3.5. Of Contractor's unsatisfactory prosecution of the Work in accordance with the Contract Documents, or 14.4.3.6. Of Contractor's failure to make payment to Subcontractors for labor, materials or equipment. 14.5 Substantial Completion When Contractor considers the entire Work ready for its intended use, Contractor shall, in writing to County and Procurement Officer, certify that the entire Work is substantially complete and request that Procurement Officer issue a Certificate of Substantial Completion. Within a reasonable time thereafter, County, Contractor, and Procurement Officer shall make an inspection of the Work to determine the status of completion. [f Procurement Officer does not consider the Work substantially complete, Procurement Officer will notify Contractor in writing ~ving his reasons therefor. If Procurement Officer considers the Work substantially complete, Procurement Officer will prepare and deliver to County a tentative Certificate of Substantial Completion. There shall be attached to the Certificate a punch list of items to be completed or corrected before Project completion and final payment. 14.6 Partial Utilization: Use by the County of any finished part of the Work, which has specifically been identified in the Contract Documents. or which the County, the Procurement Officer and the Contractor agree o constitutes a separately functioning and useable part of the Work that can be used by the County without sigTdficant interference with the Contractor's performance of the remainder of the Work, may be accomplished prior to Final Completion of all the Work subject to the following: 14.6.1. The County at any time may request the Contractor in writing to permit the County to use any such part of the Work which the County believes to be ready for its intended use and substantially complete. Il' the Contractor agrees, thc Contractor will certify to thc County and Ibc Procuremcnl Of'hoer that said part or' thc Work is substantially complete. 14.7 Final Inspections: Upon written notice from the Contractor that the entire Work or an a~reed portion thereof is complete and all punch list items have been completed, the County will n~ake a final inspection with the Procurement Officer and thc Contractor and will notify the'Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. The Contractor shall immediately take such measures as are necessary to remove and eliminate all such deficiencies. 14.8 Final Application for Payment: 14.8.1. After the Contractor has completed all such corrections to the satisfaction of the County and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, as- built documentation (as provided in paragraph 6.12) and other documents - alt as required by the Contract Documents. and after the County has indicated that the Work is acceptable, the Contractor shall make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as Procurement Officer may reasonably require together with complete and legally effective releases or waivers (satisfactory to Couniy) of all Claims arising out of or filed in connection with the Work. In lieu thereof and as approved by County, Contractor may furnish receipts or releases in full; an affidavit of Contractor that releases and receipts include all labor, services, material and equipment for which a Claim could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which County or its property might in any wav be responsible, have been paid ~,r otherwise satisfied; and consent of the Surety, if any, to final paymentl if Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in fulll Contractor may furnish a Bond or other collateral satisfactory to County to indemnify County against any Claim. 14.9 Settlement Date, Notice to Subcontractors, Acceptance and Final Payment: 14.9.1. If, on the basis of the Procurement Officer's observation of the Work during construction and final inspection, and the Procurement Officer's review of the Final Application for Payment and accompanying documentation - all as required by the Contract Documents, the Procurement Officer represents to the County that the Work has been completed and the County is satisfied that the Work has been completed and the Contractor's other obligations under the Cont"act Documertts have been fulfilled, the County shall cause to be published on two (2) consecutive weeks in the weeldy editions of the Aspen Times, a public notice setting a final settlement date; which said settlement date shall be at least ten (i0) days after the second publication. Said notice shall advise all persons, co-partnerships, associations of persons, companies, or corporations that have furnished or supplied labor, provisions, materials, tools, equipment, team hire, sustenance, or other supplies used or consumed by Contractor or his subcontractor(s), that they may file a claim with the County, at any time up to and including the time of final settlement. Upon filing of any such claim, the County shall withhold from Final Payment, to insure the payment of said claims until the same have been ?:,.id or such claims as filed have been withdrawn, such payment or ~vithdrawal to be evidenced bv tiling with County a receipt in full or an order for withdrawal in writing and signed by the persoh filing such claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety (90) davs following the date fixed tbr final settlement as published unless an action is commenced within that time to enforce such unpaid claim and a notice of Lis Pendens is filed with the -61 - County. At tine expiration of such ninety (90) day period, thc County shall pay to Contractor such moncx',s and funds as arc not subject of suit and Lix l-'emtetis notices and shall retain thereafter, subject to thc' final outcome thereof, only such balance of funds to insure thc payment of judgments which may result from such suit. 14.9.2. If. the remaining balance to be held by the County for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished, the xvritten consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted sh~ll be submitted by the Contractor to the Procurement Officer with the Application for Payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 14.10 Contractor's Continuing Obligation: The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the Procurement Officer, nor the issuance of a certificate of Substantial Completion, nor any payment by the County to the Contractor under the Contract Documents. nor any act of acceptance by the County nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by the Procurement Officer pursuant to paragraph 14.9, nor any correction of Defective Work by the County will constitute an acceptance of Work not in accordance with the Contract Documents or a release of the Contractor's obligation to perform the Work in accordance with the Contract Documents. 14.11 Liquidated Damages: 14.11..1. TIME FOR COMPLETION: It is hereby understood and mutually agreed, by and between the Contractor and the County, that the date of beginning Work and the time of completion as specified herein are essential conditions of the Agreement. The Contractor agrees that said Work shall be prosecuted regularly, diligently, and at such rate of progress as will ensure completion within the time(s) specified. It is expressly understood and agreed, by and between the Contractor and the County, that the time(s) for completion of the Work described herein are reasonable time(s) for the completion of the Work. taking into consideration the average climatic conditions prevailing in the locality of the Work. 14.11.2. TIME IS OF THE ESSENCE TO THE AGREEMENT: It is further a~eed that time is of the essence in completing the Work, and that the Project Work Schedule referenced at paragraph 6.7. and the Submittal Schedule referenced at paragraph 6.3. and all dates set forth therein and where in the Contract Documents, an additional time is allowed for the completion of the Work, the new time limit fixed by such extension shall be of the essence of the Contract. 14.1_1.3. LIQUIDATED DAMAGES: Substantial Completion of the Construction is of paramount importance to the County. [f any portion of the Work is not completed in accordance with any time extensions granted by the County, the Count>, will suffer damage, the extent of which will be impractical and extremely difficult to estimate accurately. Therefore, as part of the consideration for executing the Contract, it is hereby agreed that the Contractor shall pay to the County the liquidated damage amounts specified in the Agreement. This particular provision shall not be construed as a penalty upon said Contractor for failing fully to complete said Work as agreed in the Proposal and Contract Documents nor is it intended, but as Liquidated Damages to compensate the County for all costs incurred as a result of such breach of Contract. 14. ll.4. DEI.AYS IN WORK COMPLETION OF CONSTRUC'TION PHASF!: Subiecl ~o thc terms ol "Excusable l)elays", as contained in Section 14.1 1.5. of tile General Conditions, the Contractor expressl5 agrees to pa)' ~hc County its a reasonable estimate of just compensation for damages contemplated with the clause, the amo~mt set forth in thc Liquidated Dama:es Form for each consecutive calendar clay that Substantial Completion is delayed in the Constructi~ ~1' the project. 14.11.5. EXCUSABLE DELAYS - FORCE MAJEURE: If, by reason of Force Majeure. any party hereto shall bt: rendered unable wholly or in part to carry out its obligations under thi~ Agreement then such party shall ~ve notice and lull particulars of such Force Majeure in writing to thc other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected bv such Force Majeure, shall be suspended during the continuance of the liability then claimed, but fo~ ilo longer period, and any such party shall remove or overcome such inability' with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Colorado or any political subdivision, except the County, or anv civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storl&, t-loods,' washouts, drou<hts. arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonably within the control of the party claiming ~: ,:h inabilitv. It is understood and agreed that the settlement of strikes and lockouts shall [0e entirely wtthin the discretion of tile party having the difficulty, and that the above requirement that any Forc~ Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing par~v or parties when such settlement is unfavorable to it in the judgment of the party having the difficuity. 1.4.11.6. CUMULATIVE REMEDY: The liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under contract. 14.12 Waiver of Claims The making and acceptance of final payment shall constitute: 14.12.1.. A waiver of all Claims by County against Contractor, except claims arising from unsettled Claims, from defective Work appearing after final inspection or from failure to comply with tile Contract Documents or the terms of any special guarantee specified therein: however, it shall not constitute a waiver by County of any rights in respect of Contractor's continuing obligations under the Contract Documents: and 1.4.1_.... A waiver of all claims by Contractor against County other than those previously made in writing and identified by the Contractor ;t,: unsettled at the time of the Final Application for Payment. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.1 County :Vla~v Suspend Work: 'l'hc County may, at anv time and without cause, suspend tile Work or any portion thereof for a period of not more than ninety days by notice in writing to the Contractor and will fix the date on which work will be resumed. The Contractor shall resume the Work on the date so fixed. The Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both if the C(~n.~'eczztiv(' Calendar Days used to complete the Work arc directly attributable to any suspension, if the Contractor makes an approved claim therefor as provided in Article l l. Other Work suspensions such as delayed start or phased construction shall not entitle the Contractor to any compensation of payment or time. I$.2 CounO, May Termitzate: Upon the occurrence of any one or more of the following events: 15.2.1. If the Contractor commences a voluntary case under an)' chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or other,vise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency'; 1.5.2.2. If a petition is filed against Contractor under an,,,, chapter of the Bankruptcy Code as nov,' or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to ban -kruptcy or insolvency; 15.2.,3. If the Contractor makes a general assignment for the benefit of creditors: 15.2.4. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; 1~.2.5. If the Contractor admits in writing an inability to pay its debts generally as they become due; 15.2.6. If the Contractor persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. If the Contractor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction; 15.2.8. If the Contractor disregards the authority of Procurement Officer; or, 15.2.9. If the Contractor otherwise violates in any substantial way any provisions of the Contract Documents: The County may, after giving the Contractor (and the surety, if there be one) seven (7) days written notice and to the extent permitted by laws, ordinances, rules, regulations, or orders, terminate the services of Contractor, exclude the Contractor from the site and take possession of the Work and of all the Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the County has paid the Contractor but which are stored elsewhere, and f'mish the Work as the County may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until thc Work is finished. If thc unpaid b;dancc of thc Ct~ntract Price exceeds thc dh'ecl, indirect and conscttncntial costs ol: completing the Work (includin~ but not limited to fees and thames t~l' engineers, architects, attorneys and other professionals a'~d court and arbitration costs) such ~xcess will be paid to tile Contractor. If such costs exceed such tmpaid balance, the Contractor shall pay the difference ti) the County. Such costs incurred by tile County ,,rill be approved as to reasonableness by the Procurement Officer and incorporated in u Change ~rder, but when exercising any rights o'r remedies under this paragn'aph the County shall not be required to obtain the lowest price fi_(r the Work performed. 15.2.10. Where the Contractor's services have been so terminated by the Countv. the termination will not affect any rights or remedies of the County against the Contrac~tor then existing or which may thereafter accrue. Any retention or payment of moneys duc the Contractor by the Count,,, will not release the Contractor from liability. 15.2. Il. Upon seven (7) days' written notice to the Contractor, the County may, without cause and without prejudice to any other right or remedy, elect to abandon the Wo~'k and terminate the Contract. In such case. the Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. 15.3 Contractor 34ay Stop Work or Terminate: If, through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days by the County or under an order of court or other public authority, then the Contractor mav. upon seven days written notice to the County and the Procurement Officer, terminate the Contract arid recover from the County payment for all Work executed and installed in place and anv expense sustained plus reasonable termination expenses. The provisions of this paragraph shall not ~elieve the Contractor of the obligations under Article 6 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the County. ARTICLE 16 - MISCELLANEOUS 16.1 Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will 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 prcpmd, to utc ,asr m~siness address known to the ~ver of the notice. 16.2 Computation of Time: 16.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of anv such period falls on a Saturday or Sunday or on a day mac~e a legal holiday bv the law of the applicable jurisdiction, such day will be omitted from the computation. i6.~._. A consecutive calendar day of twenty-tbur hours measured from midnight to the next midnight shall constitute a day. A working day is anv .tav ' Monday through Fridav ,)f ::ach xveek. also called business day. 16.3 General: 16.3.1. Should thc County or the Contractor suffer in. jury or damage to person or property because ol: any error, omission o;' act of the other' party or of any of thc other party's employees or agents or others for whose acts the other part> is legally liable: claim will be made in writing to thc other party within at reas~mable time of tile first observance of such inju~, or damage. Tile provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 16.3.2. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to th~ parties hereto, and, in particular but without limitation, th(: warranties, guarantees and obligations imposed upon the Contractor by the General Conditions. and all of the rights and remedies available to the County thereunder, are in addition to. and are not to 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 bv other provisions of the Contract Documents. and the provisions of this paragraph will 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 Docum'ents will survive final payment and termination or completion of the Agreement. 16.4 Independent Contractor Status: It is expressly acknowledged and understood bv the parties that nothing in this agreement shall result in, or be construed as establishing an employ~nent relationship. The Contractor shall be. and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the County. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent or servant of the County. The County is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the County to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the County to the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. The Contractor, As An Independent Contractor, Shall Not Be Entitled To Workers' Compensation Benefits And Shall Be Obligated To Pay Federal Prod State Income Tax On Any Moneys Earned Pursuant To The Contract. 16.5 Audit and Records Contractor agrees to make its books, documents, records and pricing data available to the authorized representatives listed herein to the extent required by law. Contractor does not agree to other audit privileges. EXHIBIT A Courthouse Plaza Elevator Modernization for ADA Compliance The Pitkin County Courthouse Plaza is located at 530 East Main. Aspen Colorado 81611. The building is a four story facility. Each floor is approximately 4000 square feet. There is one (1) existing elevator that .services all four floors. The County desires to hire a firm to complete modernization of ONE (i) HYDRAULIC PASSENGER elevator(s) in the PITt(IN COUNTY COURTHOUSE PLAZA BUILDING. ASPEN. COLORADO. All work will be performed in a workmanlike manner and will include all work and material as specified herein. In all cases where a device or part of the equipment is herein referred to in the singular number, it is intended that such reference will apply to as many such devices as are required to complete the installation. Approved manufacturer's are ThyssenKrupp, Otis and Kone. TABLE OF CONTENTS Part 1 General Part 2 Description of Equipment Part 3 Modernization Equipment Features Part 4 Miscellaneous Part 5 Test Part 6 Clean-up and Inspection Part 7 Work Not Included Part 8 Terms and Conditions -67- PART 1 - GENEP, AL 1.01 This proposal covers the complete modernization of ONE (1) HYDRAULIC PASS liNGER elevator(s) in the PITKIN COUNTY COURTHOUSE PLAZA BUILDING. ASPEN, COLORADO. All work will be perfotTned in a workmanlike manner and will include all work and material as specified herein. In all cases where a device or part of the equipment is herein referred to in the singular number, it is intended that such reference will apply to as many such devices as are required to complete the installation. Approved manufacturer's are ThyssenKrupp, Otis and Kone. 1.02 All work will be performed in accordance with the latest revised edition of the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks (ANSI Al7.1), ANSI Al17.1 Barrier Free Code as pertaining to Passenger Elevators, the Americans with Disabilities Act (ADA), the National Electrical Code, and/or such State and Local elevator codes as may be applicable. 1.03 PERMITS, TAXES AND LICENSES: All applicable and licenses, as of the date bids are taken, will be paid for by the Proposer. Permit fees shall be waived by the City/County. 1.04 STORAGE: A dry and protected area, within the building, conveniently located to the elevator hoistways, will be assigned to successful proposer without cost, for storage of his material and tools. 1.05 MAINTENANCE SERVICE: Maintenance service will be provided under a separate aoreement. 1.06 Keys: Two (2) keys for each key switch specified will be furnished to the Owner. PART 2 - DESCRiPTION OF EQUIPMENT: QUANTITY: ONE HYDRAULIC PASSENGER CONTROL: MANUFACTURER APPROVED MICROPROCESSOR CONTROLLER CAPACITY: [50{) LBS. SPEED: il)0 F.P.M. OPERATION: MICROPROCESSOR BASED SINGLE CAR SELECTIVE CO LLECTiVE CAR SIZE: PLATFORM: REUSE EXISTING CLEAR 1NSIDE: REUSE EXISTING TRAVEL: 32 FT. APPROXIMATELY POWER SUPPLY: 24-0 VOLTS/3 PHASE, REQUIRED POWER UN[T: REPLACE WITH APPROVED MANUFACTURER'S DOVER HYDRAULIC POWER UNIT. WHICH INCLUDES PUMP. MOTOR, VALVE, OIL TANK AND ACCESSORIES STOPS: 4- STOPS OPENINGS: 4- FRONT OPENINGS HOISTWAYENTRANCES: REUSE EXISTING HO[STWAY DOOR PANELS AND JAMBS. DOOR OPERATION: PROVIDE NEW D.C. POWER OPERATED DOOR OPERATOR CAR ENCLOSURE: REUSE EXISTING INSTALL NEW STAINLESS STEEL CAR DOOR SIGNALS: NEW CAR OPERATING PANELS WITH ALL ADA. FIRE SERVICE AND CODE REQUIRED FEATURES. NEW SURFACE MOUNTED HALL STATIONS. PART 3 - MODERNIZATION EQUIPMENT FEATURES 3.0~. POWER UNIT (Oil Pumping and Control Mechanism): A self-contained unit consisting of the following items: 3.01.1 Oil reservoir with tank cover and controller compartment with cover. 3.01.2 An oil hydraulic pump. 3.01.3 An electric motor. 3.01.4 Oil control unit with the following components built into a single housing; high pressure relief valve, check valve, automatic unloading up start valve, lowering and leveling valve, and magnetic controller. A) Pump: Positive displacement type pump specifically manufactured for oil- hydraulic elevator service. Pump '&all be designed for steady discharge with minimum pulsation to give smooth and quiet operation. Output ~)f pump shall not vary more than 10 percent between no load and full load on the elevator car. B) Drive: Drive shall be direct coupling with the pump and motor submerged in the oil reservoir or by multiple V-belts and sheaves of number and size to insure n:aximum factor of safety. Drive type shall be determined based primarily on the load on the car, travel, and speed. (?) Motor: Standard manufacture motor specifically designect for oil-hydraulic elevator service. Duty ratiug shall comply witl~ specified speects and loads. D) Oil (iontrol Unit: Thc following components shall be built into a single housing. Welded manifolds with sep~ratc valves to accomplish each function arc not acceptable. Ad ustments shall be accessible and be made without removing thc assembly from the oil line. 1. Relief valve shall be externally adjustable and be capable of bypassing thc total oil flow without increasing gack pressure more than 10 percent above that required to barely open the valve. Up start and start valve shall be externally adjustable and designed to bypass oil -' flow during start and stop of motor pump assembly. Valve shall close slowly, gradually diverting oil to or from the jack unit, insuring smooth up starts and up stops. 3. Check valve shall be designed to close quietly without permitting any perceptible reverse flow. 4. Lowerin~ valve and leveling valve shall be externally adjustable for drop-away speed, l~wering speed, leveling speed and stopping speed to insure smooth "down" starts and stops. The leveling valve shall be designed to level the car to the floor in the direction the car is traveling when slowdown is initiated. 3.0[.5 Power controller shall contain electrical contactors, electro-mechanical switches and thermal overload relays. Mount components in a NEMA I enclosure. Logic control system shall be microprocessor based and protected from environment extremes and excessive vibrations. 3.01.6 Reduced Voltage Starting: Provide a solid state starter to limit current inrush during starting and to provide gradual acceleration of the. motor. Motor starting shall not be initiated by mechanical contacts. Starter shall include a current limit adjustment range of 200 percent to 450 percent of the overload adjustment range. Provide an integral fault detection and diagnostic system. 3.01.7 JACK UNIT: REUSE EXISTING. 3.02 PIPING AND OIL: All necessary pipe and fittings to connect the power unit to the jack unit and oil of the proper grade shall be furnished. 3.03 APPROVED MANUFACTURER'S CONTROLLER: Approved manufacturer's microprocessor-based programmable logic solid state controls will be provided with the following features: 3.03.1 Fire Service per national and local code requirements. o.03.- Two-way leveling. 3.03.3 All ,'ADA compliant features. ~ 4 ~.03. Inspection operation. 3.04 SELECTIVE COLLECTIVE OPERATION: Control of the elevator will be automatic in operation by means of push buttons in the car numbered to correspond to floors served, for registered car stops by "up-down" push buttons at each intermediate landing and "call" push buttons a~ terminal landings. Thc momcntar.x pressing of one c)r more buttons wilI dispatch thc c:u to thc designated hmdinB> in lilt order' in which thc IandinBx :~rc reached hv Ibc car, irrespective o[' rl~e sequence in which [tac buttons are pressed. Each landing call will bc cancelled ~vhcn answered. When thc car is trax cling in thc up direction, il will stop at all floors for which car buttons or "tip" hall buttons have been pressed: ii will not slop at floors for which "doxvn" hall buttons have been pressed: it will not stop at floors when "down" buttons only have been prossed, unless the stop for thai floor has been reaisrered by a car button, or unless the down call is at the highest floor for which any butt~s have been pressed. Likewise. the pressing of an "up" button when the car is traveling in the down direction will not stop the car unless the stop for that t]oor has been registered by a car button, or unless the up call is the lowest fi)r which any button has been pressed. W~en the car has responded to its highest or lowest stop, and stops arc registered for the opposite direction, its direction of travel will reverse automatically and it will then answer the calls registered for that direction. Should both up and down calls be reaistered at an inte~ediate floor, only the call corresponding to the direction in which the ~ar is traveling will be cancelled upon the stopping of the car at the landing. An adjustable time delay shall be provided so that after the car has stopped in response to a hall button, the entering passenger may register his car button before the car will rex. erse to answer calls in thc opposite direction. 3.05 FIREMAN SERVICE AND OTHER STANDARD FEATURES: The Fireman Service Operation and normal operating features are to be incorporated in accordance with the American National Standard Salktv Code (ANSi AlT. 1). 3.06 CAB ENCLOSURE: 3.06.1 Walls: Retain existing. 3.06.2 Canopy: Retain existing. 3.06.3 Ceiling: Retain existing. 3.06.4 Cab Columns, Front. and Transom: Retain existing 3.06.5 Doors: Horizontal sliding car doors reinforced with steel for panel rigidity. Hang doors on sheave type hangers with polyurethane tires that roll on a polished steel track and are guided at the bottom by non-metallic shoes sliding in a smooth threshold groove. 3.06.6 Door Finish: Stainless steel. 3.06.7 Cab Sills: Retain existing. 3.06.8 Handrail: Retain existing. 3.06.9 Ventilation: Retain existing. 3.07 CAR PLATFORM: REUSE EXISTING. 3.08 CAR SLING: REUSE EXISTING. 3.09 CAR ROLLER GUIDES: The existing roller guides for the elevator cars will be reused. 3.J. 0 DOOR OPERATION: A new direct current motor driven operator will be furnished and installed, designed to operate the car and hoistway doors simultaneously. Door movements will be electrically cushioned at both limits of travel. Doors will automatically open when the car arrives at a landing and ',viii automatically close after an adjustable time interval or when the car is dispatched to another landing. 3.~.1 DOOR PROTECT[ON DEVICE: A door protection cievice using 40 microprocessor controlled infra-red light beams will be provided. The beams shall project across the car opening detecting the presence of a passenger or object. If door movement is obstructed the doors shall immediately' reopen. 3.12 HOISTWAY ENTRANCES: The existing hoistway door frames and door panels will be retained. 3.13 HOISTWAY BRAILLE: New ADA compliant braille plates will be installed on the existing hoistway entrance frames. 3.14 DOOR RESTRICTORS: Door restricting devices will be provided in accordance with ANSI AIT.i Code - Rule 111.12. 3.1s VARIABLE DOOR TIME: The doors will remain open for an adjustable time for a stop in response to a car call and a second variable time for a stop in response to a hall call. CAR OPERATING PANELS: The existing car operating panel will be replaced with a new panel accommodating all features provided by the new controls. The new car operating panel will be provided with Approved manufacturer's traditional style push buttons, ADA compliant telephone, fire service signage, emergency' lighting and braille. Monitoring of the ADA phone is not included in the price quoted. 3.1'/ POSITION INDICATOR: A new dot matrix car position indicator will be incorporated into the new car operating panel. A stainless steel cover will be installed on the existing car position indicator over the car door entrance. 3.18 FLOOR PASSING SIGNAL: An ADA compliant audible signal will be provided to indicate to a passenger on the elevator car that the car is stopping or passing a floor. 3.19 ALARM BELL: An emergency alarm bell will be connected to a plainly marked pushbutton in the car operating panel and to the battery operated emergency car light device. 3.20 LANDING BUTTONS: New Easy Riser surface mounted hall pushbutton fixtures will be installed. The hall pushbutton fixture at the main fire service floor will include the fire service signage and key switch. 3.21 CAR TRAVEL LANTERN: CAR TRAVEL LANTERN will be replaced and engineered into the new controls to comply with all ADA requirements. 3.22 WIRING: All hoistway, machine room and car wiring, including traveling cable will be replaced as necessary to fulfill the requirements of the new Approved manufacturer's DMC Controls. New duct and flexible connections necessary for the proper installation of the new control equipment will be provided as necessary. 3.23 AUTOMATIC TERMINAL LIMITS: New electric limit switches will be placed in thc hatchway near the terminal andings and be designed to cul off the electric current and stop li~e car should it run bevond either terminal landing. 3.24 BUFFERS: Existing buffers will be reused. 3.25 CAR TOP INSPECTION STATION: A new car top inspection station with an "emergency stop" s~vitch and constant pressur~ "up-down" direction buttons will be installed. This station will make the normal operating devices inoperative and give the inspector complete control of the elevator. PART 4 - MISCELLANEOUS WORK AND SCHEDULE: 4.0~ All work will be performed during regular working hours of regular working days as is customary in the elevator industry. 4.02 The elevator will be out of service in the performance of the work as specified. 4.03 Prior to commencing work a work schedule will be submitted to the Owner. PART S - TESTS: 5.01 EMERGENCY FIRE SERVICE: Pertbrm Phase I and Phase II Fire Service tests to conform to applicable codes. s.02 TEST REPORTS: Completed copies of test reports will be provided to the Owner. S.03 All required tests are to be performed during the regular working hours of the elevator trade. Should the Owner require these test to be performed outside the regular working hours, there would be an add to the quoted contract amount. P,ad/T 6 - CLEAN UP AND INSPECTION: ~.01 CLEAN UP: Successful proposer shall remove all debris resulting from work on this contract. In addition remove from project site all equipment and unused or removed materials and restore building and premises to neat, clean appearance. 6.02 INSPECT[ON: All materials and workmanship will be subject to inspection or testing. The Owner will have the right to reject defective or inferior material or workmanship and require correction of such without addition cost to the Owner. PART 7 - WORK NOT INCLUDED This proposal does not include the following work, and is conditioned on the proper performance or'such work by thc G~ueral Contractor or other Subconmtctors. A legal hoistway properly framed and enclosed, and including a pit of proper depth provided with ladder, sump pump, lights, access doors and waterproofing, as required. Dewatering of pit(s). Legal machine room, adequate for the elevator equipment, including floors, trap doors, gratings, foundations, lighting, ventilation and heat to maintain thc room a~.t an ambient temperature of 5{) degrees Fahrenheit minimum 90 degrees Fahrenheit maxinaun~, non-condensi~g. Adet?ua~te supports and fom~dations to c~rrv the loads of equipment, including support for guide rails brackets. Adequate bracing of entrance frames to prevent distortion during wall construction. It is a~reed that in the event asbestos material is knowingly or unknowingly removed or disturl~ed in any manner at the jobsite, you will monitor our work place and prior to and during our manning of the job, you wili certify that asbestos in the environment does not exceed .01 fibers per cc as tested by NIOSH 7400. in the event our employees or those of our subcontractors are exposed to an asbestos hazard. PCP's or other hazardous substances, vou agree to indemnify, defend, and hold us harmless from all damages, claims, suits, ~xpenses, and payments resulting from such exposure. Removal and disposal of asbestos containing material is the responsibility of the owner. All sill supports, including steel angles where required, and sill recesses (if sill angles not supplies by Elevator Contractor) and the grouting of doorsills. Provide O.S.H.A. compliant removable temporary enclosures or other protection (barricades and kickboards) from open hoistways during the time the elevator is being installed (protection must allow clearance for installation of entrance frames). Proper trenching and backfilling for any underground piping and/or conduit. Cutting and patching of walls, floors, etc. and removal of such obstructions as may be necessary for proper installation of the elevator. Setting anchors and sleeves. Pockets or blockouts for signal fixtures. Structural steel door frames with extensions to beam above if required on hoistway sides and sills for freight elevators. including finish painting of these items. Suitable connections from the power main to each controller and signal equipment feeders as required, including necessary circuit breakers and fused mainline disconnect switches per N.E.C. Wiring to controller for car lighting. (Per N.E,C. Articles 620-22 and 620-51). Electric power without charge, for construction, testing and adjusting of the same characteristics as the permanent supply. A means to automatically disconnect the main line and the emergency power supply to the elevator prior to the application of water in the elevator machine room will be furnished by the electrical contractor. This means sh:all not be self-resetting. Wiring and conduit from life safety panel or any other monitor station to elevator machine room or suitable connection point in hoistway. Heat and smoke sensing devices at elevator lobbies on each floor, machine room, and hoistwavs (where applicable), with normally open dry contacts terminating at a properly marked' terminal in the elevator controller. Telephone connection to elevator controller (must be a dedicated line and monitored 24 hours. Instrument in cab by others). One additional telephone line per group of elevators for diagnostic capability wired to designated controller. Emergency power supply with automatic time delay transfer switch and auxiliary contacts with wiring to the designated elevator controller. Electrical cross connections between elevator machine rooms for emergency power purposes are to be provided by others. Any governmentally required safety provisions not directly involved for elevator installation. All painting, except as otherwise specified. Temporar5 cievamr service prior to completion and acceptance of com~tctc in~zalla~ion. Fnrnishin~. installing and mainminin~ ~hc ~'~quh'ed fire rating of elevator hois~wav walls, including thc penetration of firewall b~ elevator fixture boxes, is ~xot the responsibility of the elevator contractor. Eloormg and.'or installatioa of flooring by others. Owner/General Contractor to provide a bonded ground wire. properly sized, from thc elevator controller(s) ~o ~he primary building ~round. Remote wirin~ to outside alarm bell as requested bv the Safety Code for Elevators and Escalators ~ASME 17.1) (where applicable). Cost for adt~itional inspections of the elevator equipment by code authorities after the initial one fails due to items tha~ are the responsibility of the contractor, or for assisting others inspecting equipment installed by others. PART 8 - TERMS ~D CONDITIONS All work shall be performed in accordance with the latest revised edition (as of the date of this proposal) of the United Stares of America Standard Safety Code for Elevators, Escalators, and Dumbwaiters, the National Electrical Code, and/or such' State and Local Codes as mav be applicable, as well as Company's Work-Not-Included lb~. Subsequent to the date of' this proposal, should changes be made in any code, or should rulings by any code enforcing authorities extend the application of the code, the work and materials necessary to make the installation comply with such changes shall be perfo~ed as an addition to the conu2act price. PERMITS, T~XES ~ND LICENSES: ~1 applicable licenses imposed upon us as an Elevator Contractor as of the date of this proposal are included in the contract price. Thc Purchaser agrees to pay, as un addition to the contract price, the amount of anv additional rexes, fees or other charges exacted from the Purchaser or the Company on account tt~ere: ~', by any law enacted after the date of this proposal. TEMPORARY SERVICE: Should the service of any elevator be required before completion and final acceptance, the Purchaser agrees to sign our Co~nstruction Use form, Warranty Extension and Service Agreement (at an agreed to daily charge) and be bound by the terms and conditions thereof. A copy of this form wilt be furnished upon request. ACCEPTANCE OF INSTALLATION: Upon notice from us that the installation of the elevator has been completed, the Purchaser will arrange to have present at the installation site. a person duly authorized to make the final inspection and to provide a written acceptance. The date and time that such person will be present at the site shall be as mutually agreed, but shall not be more than ten business days after the date of our notice to you, unless we both agree to a certain date thereafter. Such final inspection and certificate of ac~epiance shall not be unreasonably delaved or xvithheld. WARRANTY: Warranty of the equipment installed bv the successful proposer under this contract against defects in material and workmanship for a peri'od of one vear from the date each elevator is c~m~pletcd and placed in operation. This warranty is in lieu of ~anv other liability for defects. No warranty of merchantability and no warranties which extend I~eyond the de'scription in this contract, nor are there any other warranties, expressed or implied, by operation of law or otherwise. Like any piece of Line machinery, this equipment should be periodically inspected, -75- lubricated, and adjusted by competent personnel. This warranty is not intended to supplant normal maintenance service and shall not be construed to mean that we will provide free service for periodic examination, lubrication, or adjustmenl due to normal use beyond that included in the contr:~ct, nor will we correct, without a charge, breakage, maladjustments, or other trouble arising frmn abuse, misuse, improper or inadequate maintenance, or an,',' other causes beyond our control. in the event of a claim, you must give us prompt written notice, and provided all payments due under the terms of this c~ntract have been made in full, we shall, at our own expense, correct any proven defect by repair or replacement. PRf)POSAL Fi) Plaza Elev'alg~>r _X!oderni×ation i':>r AI)A Ci~mpliance :' -' C','~urtimuse Pla×a Eh:,'at~r ),l~dernizuti~m fnr .',,D.\ ~' )mpliancc &lternal_¢ B: Thc hoLlrlv rah: .,bur' cOmpun} v~iI] charge for o~crtimc algal, or holiday pa) in thc S0vertime team rate is S253.00, Holiday pay for team is S313.00 per hour. Proposed projuc~ It is further understood that thc right is agreed that the proposals may not be withdrawn for a period of ten (10) days Frsm specified time for receiving proposals. The undersigned 'agrees that upon notification of acceptance of this proposal, Contract for the ai0ove stated work for the above compmnsauon within the scheduicd m~tualh' dete~ined. The proposer hereby certifies: A. That this proposal is genuine and is not made in thc interest of o~ on undisclosed person, firm or corporation and is not submitted in conformity whh any agrcemem of rules of any group, xssociafion, o~ corporation. B. That it has not dirccth, or inclirecflv induced or solicited any other proposer to put in a false proposal. C. That it has not solicited or induced any person, firm, or corporation to refrain from proposing. Thc Proposer acknowledges receipt of Addcnda's Nos. The right is reserved to waive any informalities and to r~ject any Proposal. (Type/Print name under ali signatures) (Co,orate seal) THE PROPOSER ~hris Peri(linger (~eneral ~gr) SIGNATURES: If the proposal is being submitted by a Corporation, the proposer should be signed by an officer, i.e. President or vice-president. The signature of the officer signing snail be attested to by the secretary and properly sealed, l'fthe proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. t'PROPOSER may attach a separate sheet for suggested cost savings alternatives) See attached Addendum 2 for required Alternate price for replacement of the Jack Cylinder, Price=Sixteen Thousand Three Hundred Thirty' Two and 00/100 ($16,332~00), See Otis Proposal and Attachmen_~.A for details DATE: April 9, 2003 TO: Jodi Smith (County Prnjcct Mgr.) FROM: Dan llolton 76 Service Center Road ()tis Elevator Company Aspen. Co, 81611 2017 ('urtis Street Denver,CO 8(/205 PROJECT LOCATION: Pitkin County Courthouse Plaza 530 E. Main Street Aspen. Co. 81611 PROPOSAL NUMBER: AttachmentA We propose to furnish the necessary material and Iabor to remove and replace thc existing hydraulic cylinder on elevator number(s) Orle based on the following: New Cylinder with Sealed PVC Protection The cylinder shall be of a double bottom design constructed of steel pipe of sufficient thic 'kness and suitable i. br tt:e operating pressure as prescribed by th~_' latest revision of the ASME Al7.1 or CAN3-B44 codes. The top or'the cylinder shalI be equipped with a new cylinder head with a drip ring ro collect any oil seepage as well as an internal guide ring and self-adjusting packing. The cylinder exterior shall be covered with a protecnve coating. Sealed PVC Protection helps protect the cylinder ,''rom corrosion, pe~Tnits monitoring and evacuation of liquids to make sure the cylinder does not come in contact with water, and helps contain oil should the cylinder leak. The sealed PVC Protection can help protect your property, against possible enviroumcntal contamination and clean-np costs. New Plunuer The plunger shall be constructed of selected steel tubing or pipe of proper diametel nachined mm and smooth with a fine polished finish. The plunger shall be pro``'ided wir}~ a stop ring electrically welded to ~t to prevent the phmger from leaving the cylinder. Installation The plunger and new cylinder shall be msrallecl plumb :md shall operate freely with minimum l-'riction. ?~t Equipmcn',. Pit Channel and Burl'er 5;nrim_,s New Pit channels and Buffer springs ,,,,'ill bt provided. ['bc })it ,:hannels will accommodate the new butter springs and cylinder ~:vacuation fittings. The Pit channels and springs shall comply with latest revision of ASME ',,iT [ and CSA/CAN-B44 codes, ,c; {)'FIs [~I.t:.VATOR COMPANY. 1995 AIl Rights P, cservcd ¢~,,3~ ,',~rm 421 C R i5/*)9)t,r,~posal# Attachment APage I or' 4 Cylinder Head S~N'~o,~t !?,c!n{)val - (}tis will ~ :m~,,e the existm,, cylindcr-l~cad 5upptort tk,~ cyliodcr rcplacemcnL After installation of thc new cyIitt,lct' and sea ted PV( ' I'~ otecti(m Systt:nl ts ,mq>lctc, {>lis xx il1 [,, oxide a new cylinder-head supp~nt. Removal of EcHapmcnt and [{ole Preparation This proposal mctndcs removing the existing cylinder fi'om the ot'igioal xvcll hole. Drilling work is not inchnled in this excavating cq~,pmv~t recFdred. Otis Elevator Company shall be reimbursed 2)r all add2ional costs incurred subsequent to encounterin~ thc physical obstruction or hindrance, including the costs ~nt'thc ~pcciat equipment, Removal off Excavanon Spoils All excavation spoils removed by Otis and its agents or (sub)contractors during the perfbrmance of this work placed tn 55 gallon dnnns at the site. It shall r'e~nain the owner's respons~bil/ly to properly label and dispose o{ the excavation spo[[s and existing cylinders according to ~egulatou' reqmren2ents WORK NOT INCI~UDED tN THE ELEVATt)R CONTRACT When needed, we will provide protection G~ tloors, walls and etexator entrances 2)r normal activities associated x~ith this work. [C special drilling or excavation of contaminant material equipment is ceqtfircd, the owner will be responsible fi~r all bmldmg protection and alterations needed t~) bring this equipment in, usc and take off of the prerntses. To complete tiffs installation, the ~bllowing items must be pertbrmed or fku'nishcd by thc owners or their agent according to governing c,)des. The price and installation schedule off the elevator contractor is based on thc ~bllowing conditions prevailing at thc beginning and dnrmg installation of' the elevator equipment and includes the f})llowing: Provide electric' power R)r light, reels, ho/s[~, welding, drilling rig (iff necessary), elc. required 2)r the duration of this project. O~vner wilI provide ~11 access to the wo;k a~ca fbr thc contractors works and their agents at all times during the agreed upon work hours 2)r the duration of the project. The owner wi[1 provide on site storage space adequate to store cylinder, PVC, oil, tools, etc. during the project. The storage space should be close proximity to thc wo~k area. It shall remain the ox~er's responsibility that the well hole is tkee of contaminants and clear of any obstructions. The o~er will provide all necessary perm/ts ibr welding, gas burning and cutting in the elevator hoistxvay. The ex,er ts responsible for deactivating and reactivanng all fire, smoke anC,'t)r combustion sensors ~n the work area that may be activated by the effects of the operations required to complete this work. OTiS I!LL"VA I'OR COMPANY. 1995 All Rights I.¢cscr',,c~.l ~,~4~ ,'~,rm 421CR (5/99) I'roposaln Attachment APage 2 of 4 Ot:s Elevato~ Company ...~ 20,7 Curtis Street Otis [~en,,,~r, ,Colorado 8020~;, V A United Technologies Company 1. Firms Identification - Please provide the following information: a. Name of Firm. Otis Elevator Co. b. Name of Contact. Dan Holton c. Address. 2017 Curtis St. Denver Co. 80205. d. FEIN#. 13-5583389 e. Telephone #. (303) 298-5846. Fax #. (303) 298-5845. g. Email. damHoltonlh~otis, cont. h. Website. www.otis.com. 2. Firm's Qualification - Please provide the fotlo~ving: a) Number of years in business. OTIS' has been itt business sittce 1853. b) Please provide at least tl-Lree current or former clients that are similar in size and scope to The County. Two of these should be municipal clients. Frank Inserra: The Board President of Bridge End Condos in Copper 3,lountain. Phone number (970) 968-6261. OTIS installed a hydraulic elevator in his building and currently maintains this elevator. 2. Bill Buxton: The Director of Plant Operations at Rose Medical Center. Phone number (303) 320-2786. OTIS installed 2 lo'a?aMic elevators in the parMng garage of this facility. VYe also currently maintain these elevators. 3. Paul Sitchler: Construction Coordinator with Exempla Healthcare. Phone number (303) 837-7277. OTIS installed 4 traction elevators itl this facility. Pl/e also currently maintain these elevators. c) Provide a statement regarding past performance with Pitkin County if applicable. Otis Elevator is the carrent service provider for the elevator at The PitMn Cottnty ColtrthollsC. Enclosed are the E-Service reports./bt the performance of the elevator, as well as, the maintenauce records for the past twelve months. Exhibit/1 shows the aptime for the elevator, which states there was oltly one trouble call (Febraar), 2003) in the last twelve months, which reflects reliable performance and availability. Exhibit B, reflects the maintenance procedares performed over the past twelve inonths. This report reflects the standard work process entered via oar Internet system ttpon completion of a tn ain ten alt ce procedure. Otis Internet service provides exceptional information and feedback abont the performance of au elevator accessible to our cttstomer attytime they enter into this on-line system. This totally secure systent separates Otis from our competitors by providing key bt formation to the customer upon demand. Let as provide this valuable tool to you oil your itewly modernized Otis elevator. 3) Key Personnel - Provide the names and resumes of the key personnel that will be assigned to this project. For each individual listed, please provide the following: a) Name. Aadam Seale. b) Years ofexperSence. Aadam has 13 years of experience. c) Special designations, certifications or licensing. Aadam is the construction superintendent for the Denver Office. He will be running this job. He will be ill charge of the mechanic and helper that will be installing the equipment. d) Three client references (At least one of the key individuals on this project should have prior experience with a County comparable in size and scope to The County.) See references noted above. Item 2b. e) Unique or special expertise. Of Aadams 13 years for experience he spent 11 years as a construction and service Inechanic. In those years Aadam installed numerous hydrattlic elevators, then entered the service department and provided reliable and quality service to his customers. 4) Describe the methodology to be used in conducting this project. Refer to Exhibit C&D for Installation Overview and Detailed Project Plan. a) Please provide your optimal schedule to complete the Elevator Modernization Project in its entirety, including drawings, permitting, and delivery time, installution and clean Refer to E, rhibit E for complete job schedttle. b) Provide a list of sub-contractors to be assigned to this project. There aren't a~ty sab-contractors being ttsed by Otis o~t this project. 5) Describe the components of elevator upgrade, e.g., soft costs, construction Labor costs, etc. Base 3~lod CFlinder bid Engi~t eeringX4dtn h~. 3,15& O0 1,500. O0 Factor), Material 13,2 77. O0 5,392. O0 Labor 14,448. O0 9, 056. O0 Bonds/Pertnitx/Ta,res 1,041. O0 384. O0 Total 31,924. O0 16,332. O0 O) Provide the following information regarding cost: a) Cost to purchase and install all components to complete the elevator upgrade. Thirty One Tttottsand Nine Hundred Twenty Foar 00/100. $31,924. O0 b) The hourly rate your company will charge for overtime and/or holiday pay in the event it is necessary to modify schedule and/or inspections outside the regular work schedule. Team rate for overtime is 253.00per hottr. Team rate for Holiday pay is 313.00per hour. c) Additional cost for required bonding. Included in pricing above is 100 dollars itt base iklodernigation bid and 50 dollars in Cylinder bid. Describe proposed method of compensation for services rendered. a. Please provide a Progress Pa,anent Schedule. 25% Down payment 25% Material delivery 45% Completiott 5% Retainage Paid 30 days after completion. Otis OTIS To Print: Select File and then Print from your browser menu Unit availability Building - PITKIN COUNTY COURTHOUSE Units - 472353 - ELEVATOR ~ >- c 5 m cl ~ > o c ~ Moths Repo~ Period: Apr 2002 - Har 2003 Unit availability: Represents the percentage of time a unit is available to transport passangers, each month during the last one year on a 24 hr basis. The calculation is as follows: The sum of out-of-service time intervals for a month between the initiation of a service call by a customer or REM®, and the unit being returned to service by an OTiS mechanic. The resulting sum is subtracted from the total time in that month and the result is divided by the total time in that month multiplied by 100. NOTICE: This information is the confidential property of Otis Elevator Company made available only to its e'Service customers. The information may not be disclosed, reproduced or distributed to others, in whole or in part, without the prior consent of Otis. Unpublished work - Copyright 2000, Otis Elevator Company. -8- Otis - e'Service ~-' C Y~, ,5',7' /'~-: Page Building iPiTKLN COUNTY COURTHOUSE..S06 t~_J Units [Select a Unit Pel~ormance Re~orts ! Options Completed Maintenance Procedures - Unit PIT'IN COUNTY COURTHOUSF 506 EAST MAIN STREET, ASPEN,CO,US,816ll Unit #4723S3 - ELEVATOR 06/26/02 READ THE METER - USAGE DATA 06/26/02 DOOR PERFORMANCE MEASUREMENT 06/26/02 DOOR PROTECTION - LAMSDA II 06/26/02 CAB 06/26/02 CAR TOP 06/26/'02 HYDRAULIC - FIACH[NE/TANK 06/26/02 R.I. HYDRAULIC 06/26/02 HYDRAULIC PIT/CAR 8OTTOM 11/05/02 READ THE METER - USAGE DATA 11/05/02 DOOR PERFORMANCE rqEASUREMENT 11/05/02 CAB i ~/05/02 CAR TOP li/05/02 PRESSURE RELIEF VALVE & NO LOAD TEST- B44 CODE L1/05/02 R.I. HYDRAULIC t I/C, 5/02 HYDRAULIC MACHINE/TANK 1-1/05/02 HYDRAULIC PIT/CAR BP'FI-OM 11/05/02 DOOR PROTECTION - LAMBDA II 0]/03/03 READ THE METER - USAGE DATA 03/03/03 DOOR PERFORMANCE MEASUREMENT ,33/03/03 R.L HYDRAULIC 03/03/03 HYDRAULIC ~ MACHINE/TANK 03/03/03 HYDRAULIC PIT/CAR BO1-FOM 03/03/03 CAR TOP 03/03/03 CAB 03/03/03 DOOR PROTECTION - LAMBDA II 03/03/03 DOOR OPERATOR - GAL OR OTIS 7782 (QL) TYPE [Page 1 Of 1] Report Period: Apr 2002 - Apr 2003 Set as default report [-- ~oul_d 'you I~ke to include th s rqport for Monthly ~orts upgrading ,/our elevator? Click here Ele;'onic* 211M Installation Process Manual "~ ~ · age ~ Installation Overview Elevonic® 211M The E2I!M system consists of three fundamental components: i) Contro 2) Starter 3) Tape Reader There are two basic methods for installing the hardware: l) Keep the existingcquipment~n operation as [ong as possible. This minimizes downtime and allows use of the car to mount the tape reader. 2) Remove the existing controller first only it'the existing equipment requires high m~ntenance. is difficult to keep running, or if machine room space does not allow temporao.' co-location of equipment. Before installation of the system, develop a detailed plan to install these components that take customer requirements into account. We find most successful offices in NAO employ the following techniques; to insure the completion of modernization's on time, we recommend that these tech- niques be followed: 1) Review the required contract features including but not limited to: -Hall and Car button wiring. -Fireman's Service Operation and required hardware. -Other operation features and required hardware. 2) Create a detaled plan of the modernization before manning the job. 3) Use the Detailed Project Plan section of this process to prepare your installation plan. 4) Plan tasks that utilize the mechanic and helper separately. 5) Before stamng any task the mechanic and helper should determine the best approach, usually one to two days before they begin the task and then again immediately before starting. We encourage you to follow the practices outlined and give the OSC feedback so that we may continue to improve the process and distribute these improvements throughout NAO. Unpublished Work - 0 ~ El~or Caml~ay, May 1996 Elevonicx 211.'vl Installation process Manual '~ Page Detailed Project Plan The Modernization Sales b~sa~ll~:hm Procezs requires the preparation of a Detailed Project PIan for evep,, centr'~l!er modern, ization. This section contains an equipment baseline, an example or' a Task List, and a job plan correspond- ing to the equipment baseline for an E21 ].M installation. The assumptions for this job are detailed on the page titIed Equipment ]Baseline. Any change to these assumptions would, if course, change the required field labor. The outline of the standard E211M Ins~aJlation Process is :~s follows. Use th, is order of instaiia~on ~o plan and conduct your work under most circumstances. 1) lnstaJl SP'i' ~?'hen applicable). 2) Hang new traveling cables (when applicable). 3) Removal of MateriaJ. 4) Install new controller. 5) Install new starter (when ~pplicable). 6) Wire controller and starter. 7) Start up. (Temporao.' run operation). 8) Install new door operator (when applicable). 9) Install new fixtures (when applicable). 1.0) Adjust. Il) Handover Inspection. Note: You should deviate from the above order of work only when good reason dictates. Note:The Project Management Section of MSIP Process Manual should be consulted. Unpublished Work - 00~ Elc~r Company, May 1996 DATE: April 9, 2003 TO: Oodi Smith (County Project Mgr) FROM: DanHulton 76 Service Center Road ()tis Elevator Cumpauy Aspen. Co. 81611 2017 Ctartis Street Denver. CO S0205 PROJECT LOCATION: Pitkin County Courthouse Plaza 530 E. Main Street Aspen, Ch. 81611 MACHINE NUMBER(S): One PROPOSAL NUMBER: Tlg041S \Ve will provide labor anti material ti) filrnish and install on file above rct~2renccd machine(s) the E)llowing: OTIS 21131 HYDRAULIC CONTROL SYSTEM We propose to flmfish labor and material to provide a hydratdic microprocessor-based control system. It is specifically designed to mczt the particular uecds of inodelxlizing hydraui~,: elevators. Fhe s>stem ~s integrated by cununtmicatlons over serial links and discrete wiring. Thc "Relative System Response Plus" soP, ware dispatches elevators based upon real-time response to actual demands on the elevator(s). DUTY The present capacity of 1500 pounds at 100 ibet per rmnute will be retained. TRAVEL The present travel from L to 3 lloor, a rise ot'32 i'ket 0 inches, will be retained. STOPS A. ND OPENINGS The present 4 stops and 4 openings will De retained. POWER SUPPLY (RETAINED) '['he present pox;ct supply of 240 volts, ) phase, ~)0 hertz, alternating current will be retmned and the new equipment will be arranged lbr this power supply. SOFT STARTER INEW) :\ new solid-state starter wiil be provided. It will be o(the same power requirement and starting configuration as presently ex~sts. MOTe'} P, ~ REPL:\,r?ED) The existing motor will be ]eplaccd with a mutor that ;s of thc same power characteristics and starting configuration as presently exists. POWER UNIT {NESV} ,, t,, Is Et.iiv..\ rol~. t'OM P^NY. t¢,,,2 \t, ,~,ghts V. esc,'vcd kh~;~,~l~.~3,.,j, m 421M D (~)6/02, p,.oposalg T 1 $04 1 $ Page I or' l0 Thc existing power ~lllit will lie t'cl)la~ 7[ x,, ilh a nexx power tlnlt. , ',~c new p{)wer unit consists ora positive displacement pump, motor, mtc;;~ :1 l-coil cotmol vzd, c. ,,il lank :ind lql[i~'~2ci' l'hc tokHnp ant[ lnotor arc stlbrllcrgcd and _u'e mounted to llic tank with tx~bbc~ isolators to ~cducc vibratn,?2 and noise. VALVE (NEXV) A new integral4-coi[ control valve will be installed to replace the existing valve, l'he vatvc consists of up, up leveling, down and down leveling controls along with mannal lowering and a pressule relier' x alve. AUTOMATIC SELF-LEVEIANG (WITH NEW HOISTWAY LEVEI,ING DEVICE) The elevator shall be provided with automatic selgleveling dmt shall bring the elevator car lcxcI with the floor landings, no more than ~/- 1/2" regardless of load or direction of travel. The automatic selGlevcting shall correct tbr overtravel or unde~ravel. CONTROLLER A microprocessor-based control system shall be provided to perf~)nn ali the fllnctions of salk elevator motion and elevator door control. This shall include all the hardware required to connect, transfer and intern~pt power, and protect thc motor against overloading. The system shall also perform group operational contr~)I. Each controller cabinet containing memory equipment shall be properly shielded from line pollution. Fhe microcomputer system shall be designed to accept reprogramming with minimum system doxvntime. OPERATION - ONE CAR Operation shall be automatic by means of the car and landing buttons. Stops registered by momentary actuation of the car or landing buttons shall be made in the order in which the landings arc reached in each direction of travel afier the battens have been actuated. All stops shall be subject to the respective car or landing button being actuated sufficiently in advance of the arrival of the car at that landing to enable the stop to be made. The dh'ection of travel tbr an idle car shall be established by the first car or landing button actuated. "UP" landing calls shall be answered while the car is traveling m the tip direction and "DOWN" landing calls shall be answered while the car is traveling down. The car shall reverse after the uppermost or lowermost car or landing call has been ansxvered, then proceed to answer car calls and landing calls registered m the opposite direction of travei. If the car without registered calls arrives at a floor ,,','here both up and down hall calls are registered, it shall initially respond to the hall call in the direction that the car was traveling. If no car call or hall call is registered for further travel in that direction, the car shall close its doors and immediately reopen thein in response to the hall call in the opposite directions. Direction lanterns, if t'umished, shall indicate the change of direction when the doors reopen. An independent service switch shall be provided in the car operating panel which, when actuated, shall cancel previously registered car calls, disconnect the elevator ~¥om the hall battens and allow operation from the car buuons only. INDEPENDENT SERVICE When the Independent Service switch in the car operating panel is actuated, it si~all cancel previously registered car calls. disconnect tile elevator from the hail buttons, and allow operatmn from thc car btltu)ns only. Door operanon shall occur only after actuation of the "DOOR CLOSE" button. SPECIAL EMERGENCY SERVICE Special Emergency Servtce operation shall be provided m compliance with the latest rewsion et'the ,.x. SME/ANS[ :\17. I Code. Special Emergency Service Phase I to return the elevator (s) non-stop to a designated I~_oor shall be initiated by an elevator smoke cietector system or a keyswitch provided in a lobby tixture. ,70 ['IS i:.LEVA I'OR COMPANY, 1992 .\11 Rights Reserved It~'u~,~,~:~t'tJrm 421M D t06/02)Proposal# 'F 1804 18 Page 2 et 10 q ~,~, If required, the s~'a,ke ~teLech)l' ~x. slu21n is lo I~ l'm'ni~,hed by others. The clc,/ator corm'actor shall pt'~k Me k~ptLt Service. If an elevator is on independent 5crxicc txhcn thc elevator's arc recalled on Phase ! operation, a buzzer shall sound in thc car and a jewel shall be illummatcd~ subject to applicable codes. OTIS REM~ MAINTENANCE We will provide a microprocessor system that continuoc,sly monitors thc L nit(~ or~ a 2S-hour per day. year-round ]oasis. Thc system will notif~ our OTISLINE~ dispatching center ~ha~ a [ nit is inoperative I~5 sending a message via teIcpl~one line. Upon the receip~ of'such message, we will either notify your on-site rcprescntar~xc or initiate the dispatch of our persom~el fi~r emergency minor adjustn~ent callback service during regular working hours of our regular x~orking days ~br the mechanics wlm pertbrm the We w-ill collect data on the equipment condition, includSng hydraulic tank oil level donr operation, leveling and whether the operation ot'a Unit has been mre~upted. That [hibernation will be used to tailor the Otis Maintenance Managemcnt Systemsa~ preventive maintenance program tbr the (7~i1(s). You will litrnish as at your expense~ one ~ I~ outs[dc telephone line ~o the elevator machine room that allows data calls to and ~?om a toll-free number at our OTISLiNE dispatching center. The telephone linc may be a separate line dedicated the REM~° maintenance equipment or may be an existi~V, line that zs shared between another telephone md the REM maintenance equipment. AIl of the REM maintenance monitoring equipment installed by ~is remains our propc~ ti,, and if the Contract is terminated ~br any reason, 'e will be given access to your premises to remove the monitoring equipment at our expense. APPLIED CAR OPERATING PANEL {NEW) An applied car operating panel shall be tkmushed. Thc panel shall contain a bank of illuminated buuons ~rked to cogespond with the landings sen, ed. an emergency call button, emergency stop button or switch, door open and door close buuons, and a light switch. The emergency call button shall be co~ected to a boil that serves as an emergency signal. A fan switch, if optional fan is provided, shall also be located in the car operating panel. AIl car operating panel lamps shall be the Iow-voltage tong life lamps. OTIS HANDSOFF'~ PHONE We propose to /ktmish and install the Otis HANDSOFF g> ptmne. The HANDSOFF phone is a telephone, which enables comunication bet~veen persons in the elevator and a 24-hour answering se~'ice. The HANDSOFF phone will be mounted in a telephone box or ~urface mounted in the elevator cab. It will automaticaily dial a preprogrammed number and will inibrm the ans~xcring service of the elevator locanon v~a prerecorded digital voice co--mn[cation. After disclosing the elevator location, the phone will allow two-way voice co--un[cation. The HANDSOFF phone contains two light-emmmg diodes - one that indicates the call is in progress and another that indicates the call has been ac~owledged. ,Xt~er rccc~wng acknowledgment of the call from the answering service, a deaffmute person can signal the answering service ~ reactivating the call button. The phooe can be easiiy programmed and allows incoming calls to be received. The telephone will be thrnishcd and installed m accordance with tire A IY.I Satkty Code tbr Elevators and Escalators. and ts registered with the FCC. CAR POSITION INDICATOR {NEW} .X new car posnlon indicator si~all be instaJled, l-he posinon of thc car m the hoistway shall he ~hown by dlumination of the indicatinn coiresponding to the landing at ,,vhic[~ thc car is stopped or passing. All lamps shall be lo,x-voltage, longer life lamps. i; OTIS lt[.li".'A I'OP. COMPANY, 1992 All Rights R. cst:r;cd :u~'~,pm~tt v~)un 4_IMD/0~'*/0.) Proposal# ['180418 Page 3 of l0 AUDIBI,E SIGNAL (INI)IC.\TI:.S P \SSING OR S'FOPPING the elevator. "IN-CAR" DIRECTION LANTERNS {NEW) New direction lantern(s) shah be mounted in or near the car entrance jamb(s), visible from thc corridor, which when thc car stops and the doors arc opening, shall indicate the direction in which thc car will trax'cl..k chime shall also be ~rnished on the car, which will sound once ~br thc "[ YP" direction and twice tbr thc "DOWN" direction as the doors are opening. EMERGENCY CAR LIGHTING (NEW) An emergency power unit employing a 12-volt sealed rechargeable battery and a totally static circmt shall be provided. The power unit shall illuminate the elevator car and provide current to the alarm bell in the event of normal power failnre. The equipment shall comply with the requirements of the latest revision of the ASME/ANSI A 17.1 Code. HALL BUTTONS (NEW) New hall buttons shall be installed at each landing, an up and a down button at each intem~cdiate landing and a single button at each terminal landing. When a call is registered by momentary pressure on a landing button, that button shall become illuminated and remain illuminated until thc call is answered. Hall button lamps shall be Iow-voltage, long lifo lamps HOISTWAY OPERATING DEVICES (NEW) Non~l te~nal stopping devices shall be provided to slow down and stop the car aotomatically at the retinal landings and to automatically cut offthe power and apply the brake, should thc car travel beyond the terminal landings. CAR GUIDES {RETAINED) The existing car guides shall be retained. They shall be thoroughly inspected. Any worn parts will be replaced by the original manufacture parts or equal. CAR F~ME (~T,MNED) The existing car frame shall be retained. PLATFO~I (RETAINED) The cugent plattb~ will be retained. FLOORING (RETAINED) The present flooring will be retained. OTIS EI. EVATOR L?OMPANY. 1992 .",Ii P,i~hts Reserved .;na:l~a,~t; cmqn 421MD(06/'02) Proposal# T180418 Page 4 of 10 I)OOR Ot'EI~,AT()I~, (NE\V) :\ new t-MOTI(~N''~ Il door opelator shall bc installed. with changes in tcn~peratmc, wind or minor debris in the door track. Thc system contimlally monilc>rs dnor speed and position and nc[justs it accordingly to match the pre-determined profile. Door operation shall be automatic at each landing with door opening beit~g initiated as the car arr~x cs at thc landing and closing taking place a~Ser expiration oe'3n adjustable time interval, cnn electric car door contact shall p~cxcnt thc elevator l~om operating ~mless the car door is in ibc closed position. Door close shall be arranged to start a~icr a minimum ti~e. consistent with [ {andicap Requirements. Doors shall be arranged to remain open for an adjustable time period sufficient to meet ADA requirements. The t~me interval tbr which the elevator doors remain open when a car sit>ps at a landing shall be indep~ndently adjustable fbr response to car calls and response to hall calls. INTERLO~ KS (NEW} New interlocks will be installed, floc interlocks shall prevent operation of thc elevator tmicss ail doors for that elevator are closed and slq ~1 maintain the doors in their closed pos/t/on willie the elevator is away ~om the landing. Emergency access to the ht :ay as required by governing codes shall be provided. LAMBDA 3D*~ DOOR PROTECTION DEVICE A solid state, iniYared passenger protection device shall be installed ~m tt~c car door. This device provides 56 int~ared light beams that create an invistble sa~bty ncr across the elevator entrance. In addition. LAMBDA~ 3D adds a ~iangular coverage area ro protect passengers approaching or ex~tmg the landing door zone or entuway. The gAMBDA 3D system ai~ 12 additional infrared beams out into the en~yway ar a nominal 30 degree angle away from the direction of door ~avel. If these beams strike an object in the middle of the en=yway, some of the light is reflected into special photo- diode receivers which scan into the eo=yway at a nominal 30 degree angle. If the receivers detect enough light, a reversal signal is generated to open the doors. The maximum projection of these 12 additional beams ar any time is one- third of the door opening width. If any beam is intem~pted, LAMBDA 3D's door-reversal signal will cause the elevator doors to reopen instantly without touching the passenger. Atier a car stop is made, the door shall remain open for a predete~ined interval be~bre closing. If; while the door is closing, the mamx of invisible light beams ~s inte~pted by a passenger entering or leaving the car. the door shall stop and reopen, after which the door shall again start to close. Grace~l degradation operation is also included. If one or two isolated beams (up to a ~ximum of 36 beanu) are inte~pted, LAMBDA 3D's door-reversal signal will cause the doors to reopen instantly. If the beams remain blocked for more ii~an 80 seconds, the beams are considered permanently blocked. LAMBDA 3D then ignores these blockages and the detector will continue to operate as ~t would without any blockages. If three or more adjacent beams are interrupted. L:\MBDA 3D's door-reversal signal will cause the doors to reopen instantly. If they remain blocked tbr more than 80 seconds, they are coosidered permanently blocked. I he doors will then either remain open indefinitely, go into nudgnlg mode or ::main open for a specified period of time. depending on local codes and the door operating system. File doors xviil ren~aln in this mode nntil the blockage is corrected. I,IMITEI) I)¢)OR REVERSAl, [fa person or object enters tile zone detection aI:ter die doors start to close, the doors shall stop and reopen to clear the detection zone. Once the opening is cleared, the doors shall resume closing at normal speed. GO[-ISEI.[:.VA['OI>..COMPANY. 1902 .\llRighlsRcserved ,[m~¢a,~;,.lvm-m4. ,MDitJ6/02) Proposal# T180418 PageSofl0 ('x I,', ENCI,OSI'RE (RET.,~I,", :?) The present car enclosure shall bc retained. CAR DOOR HANGER (RETAINED) The present car door hanger will be retained and inspected I'or p~oper [dignmetat. Any adjnstmeot required will be accomplished. CAR DOOR (NEW) The present car doors will be replaced with uexx stainless stool car d~)or HOIST~.¥'AY ENTRANCES {RETAINED) The present hoistway entrances will be retained. HOISTWAY DOOR HANGER (RETAINED) Thc present b, oistway door hanger will be retaiued and inspected ~'or proper aIignment. Any adjustment will be required. PIT SWITCH An emergency stop switch shall be located in the pit accessible fi'om the oit access door. SPRING BUFFERS (RETAINED) The existing spring buffers shall be retained. WIRING All new wiring and electrical interconnections shall comply with governing codes. Insulated wiring shall have flame- retardant and moisture-proof outer covering and shall be mn in conduit, flexible tubing or electrical wireways. Traveling cables shall be flexible and suitably suspended to relieve strain on individual conductors. ENGINEERING DESIGN All new material furnished will be specifically designed to operate with original elevator equipment being retained, thus assuring maximum performance and eliminating any divided responsibility. SUPERSEDED MATERIAL All material, removed or unused, not required in the modification wiil become the properly of the Otis Elevator Company and we reserve the right to remove and retain it. PEI~/IITS AND INSPECTIONS The elevator contractor slmll furnish all licenses and pein'fits and shall arrange tbr and make all required inspections and tests. CODE The elevator eqmpment shall be Ihmished and installed in accordance with the latest additions of the ASME'ANSI Al7.1 Safety Code tbr Elevators and Escalators. An American National Standard, including the latest Supplement, and the Americans with Disabilities Act. © I) FIS ELEVATOR COMPANY. 1992 ,\ll Rights Reserved ']gu;t~]~sSvt;rma21Ml) t06/02) ['roposaltt TI80418 Page6ofl0 CODE (LOCAL) The elcvatol cqkiipment shall c~mlply with all applicable local codes. WORK BY ()TILERS The t~llowmg items must be peri~)rmcd by others and you agree to: Provide suitable ventilation and cm¢ling equipment, if required, to maintain the machhlc room ambient temperature bet~veen 32°F and 113°F. The relative humidity should not exceed 95 percent non-co~deosing. Provide electrical power [k~r light, tools, hoists, etc. duriog ~nstailation as xxcll :~s electrical current ~r srnrring, testing and adjusting the elevator. Provide a smoke detector system, located as required wirb wiring from thc sensing dexiccs to each elevator controller Do any required cutting, including cutouts to accommodate hall signal fixtures, patching partitions At no expense to us, others are to provide a dedicated I non-PBX) touch-tone bt~smess tclepi~one ine rermmated in the machine Provide a fhsed disconnect switch or circuit breaker [bt each elevator per thc applicable National Electrical Code with feeder or br:mch wiring to controller. Size lo suit elevator contractor. Provide a 120 volt AC, 20 amp. single-phase power supply with fused SPS [ disconnect switch lBr each elevator with tkeder wiring ro each controller for car lights. Provide a separate 120 volt AC, [> amp, single-phase power supply with fused SPST disconnect switch with duplex outlets m thc machine room and [obby or other applicable location, IBr power m each cievator video display panel and conXoller when display system is provided. Provide a I20 volt AC, 15 amp, single-phase power supply with 2tsed SPST disconnect sxvitch with duplex outlets in the machine ro~rn or other locations as required tbr intB~ation display terminal and conwoller of int~ation display when provided. 2NIso provide one (l) pair of shielde&/twisted conductors between the terminal and the machine room. Provide standby power unit and means fo~ ~;tarting it that will deliver sufficient power to the elevator disco~ect switches to operate one or more elevators at a time al i~ll-rated speed. Provide a transtar sxvitch tbr each tkeder tbr switching from normal power [o standby power and a contact on each transikr switcl~ closed on no~al power supply with t~vo wires from [his contact to one elevator controller. Provide a saik and dry on-s~re storage area tbr elevator material. Any modification or installation of lights an&/or elecmcal outlets m the machine room an&'or pit to be pertB~ed by others. LIMITATIONS Under no circumstances shall thc Otis Elc:'[~[ar Company bc [iablc ~br indirect, consequential, or special damages resulting from the installation or use of this ,~OI'I~t£Lt£x..AI'OI4. COMt'ANY.[,)~2 ,Xllt~.ights}qcscrxcd 3~,~,.;~,.t;,m421MD(06,02) Prop~sat~ 'I'150418 Page7ol'10 ~"7 MAINTENA>.('E Otis maintcnanc,: '.viii be l'u]'nishcd on d~c elevator cquipmc~t provided tbt' ll[/dcq' [hig colltlaCt tbr a poi'tod of'tN'ce months conlnqcIlCl]lg tin thc elate ibc clcx ator equipnact~t is turned over to you tbr usc Maintenance xvill consist of regular cxaminatiotas and any i~cccssary act.jusrmcnt and lubrication of thc equipment by competent employees under our direction and supervision. Phc lcquircd supplies and parts wil[ be Ikirnished except such palgs as may be needed because of' negbgcnce, m~susc or accidents not caused by us. i ;pon your request, special examination wilt be made should trouble develop between ;egular exalnmatio~s'and yeti agree to holily' us promptly of any such trouble. All work will be pertbrmed during our regular working hours of ot~r regular working days except emergency minor adjustments callback service x~hich will be provided drum< regular working hours and also during any overtime hours. No work or SelWlCe other than that spccitically mentioned i~includcd or iatended. It is agreed that we do not assume possession or centre[ of any part oF thc equipment but sttc}~ remains yom'5 exclusively as the owner (or lessee) thereoi e shall not be liable rot any loss. damage of delay due to any cause beyond our reasonable control including, but not li~ted to, acts of government, strikes, lockouts, fire, explosion, thelk, lloods, riot, civil commotion, war, malicious mischief or act of God. Under no circumstances shall ~ve be liable /bt consequential damages. ALTERNATES ALTERNATE #1. Price tbr a Cylinder I~eplacement. (See Attachment A for terms and conditions and scope of work.) ADD: Sixteen Thousand Three Hundred Thirty Two and00/100 $16.332.00 Dollars to Base Bid OOTISELiiVA[O[~.UOMPANY. 1992 MI Rights Reser,,ed 3at~;~o2~uP,.t],m 42 M D 106 )21 Proposal# T1 $04 I8 page 8 of 10 q~ PRICE: $ Thi~y One Thousand Nine Hundred Twenty Four and 00/100 31,924.00 Dollars This price is based on a twenty-l~¥e percent ( ..... ) downpavment in Ibc amount ot'$ 7,981.00. This proposal, including the provmions printed on thc pages following, shall be a binding contract between you, or the par~' identified below for whom~vot~ arc attthorizcd to contract tcotlectivety rctk~TCd [o herein as :you:l, and us ~hen accepted by you through execut}on o( tt~m proposal by you and approved by our authorized representative: or b> }'ottr attthorizing us [o per{btm work fbr thc project and our commencing suc~ work. Sabmiucd by: Dan Holton Accepted m Duplicate CUSTOMER OTIS EkEVATOR COMPANY Approved by .Xuthorized Representative ~pproved by Authorized Representative Date: Uate: Signed: X Signed: Print Name: Print Name: Chris Perlinfler Tit[e: Fide: General Manager Name of Company: [] Principal. Owner or Authorize~ i Representative of' Principal or Owner [] Agent ( ?<ame of Principal or O,,vner) Ot)l'[S Eht!VAl()[{ COMPAN'f. [9t)2 .,\Il }',~ghts F, eser,..ed ,~$~2~al,-t~rm 421N Dt06/021 Proposal# T180418 Page 9 of 10 ~¢ described. the equipment with equivalent nonintringmg equipment, (iii) modit~., the equipment s¢~ ~t b~comcs no~in[YJng{ng b~t equivalent, or (i~ rcmo~e ',he cc~uJDm~n[ ~nd any additmnal )lis EI I£V,VI'OR COMP:\NY. lt;~2 .MI R~ghts Reserved I0'U~l~2~2,,},ln421~[].)l(l(}/(121 I','oposala 'FI80418 Page 10 of 10