Dory Lake Pump Replacement RFP (w docs).pdf

GILPIN COUNTY

REQUEST FOR PROPOSAL

-RFP-

Title: Dory Lake Pump Replacement

Proposal Submittal Deadline: March 14 2025

I. Introduction

Gilpin County was established in the state of Colorado 1861 and spans 150 square miles through the North Central Foothills of Colorado with elevations spanning from 7,110 to 13,300 feet above sea level. Gilpin County is home to approximately 6,000 residents and contains two cities - Black Hawk and Central City.

II. Background

Gilpin County operates a pump station in Dory Lake to augment Ralston Creek flows, when determined by the State Water Commission, out of Dory Lake and into nearby Ralston Creek to maintain obligations to senior water rights.

The current system is at risk of failing due to the submerged pumps in Dory Lake nearing the end of their life cycle.

Instead of replacing the submerged pumps in-kind, the new construction will include installing a new submerged intake to include an air backwash cleaning system to allow for cleaning without divers. Two new pumps and necessary piping will be installed along the shoreline within a premanufactured pump enclosure. The new intake from the lake will be plumbed into the premanufactured pump enclosure and the outlet will tie into the existing discharge line. Removal and upgrading of electrical fixtures will be required.

Firms with experience in pumping facilities for municipal and/or commercial infrastructure will be best suited for this project. A proposal to provide for removing the existing pumping and electrical equipment and installing intakes, piping and premanufactured pump enclosure (already purchased) will be required.

III. Scope of Work

The qualified Firm is to provide all the necessary services, labor, equipment and supplies required for the satisfactory completion as described in this RFP.

The Firm will provide services which may include, but are not limited to, the following:

The Dory Lake Pump Project consists of the construction of a new above-ground, enclosed, water pump station on the shore of Dory Lake. The pump station will tie into an existing pipeline and controls but replace the current submerged skid pump system within the lake with a water intake. The pipe leading from the intake screen to the new pump station will be buried within the visible shoreline but will be anchored to the Lake bottom once below high water level. The Contractor will provide the following services:

• Removal of existing pumps, skid and discharge line (up to the existing proposed premanufactured enclosure)

• Removal of electrical equipment

• Installation of a concrete pad and plumbing to proposed premanufactured pump enclosure

• Installation of premanufactured pump enclosure (currently purchased and in production)

• Tie-ins to existing discharge line

• Installation of intake screen and HDPE intake piping

• Upgrade of electrical equipment to service premanufactured pump enclosure

• Protect and restore all areas of disturbance. This is a sensitive environment, and the contractor shall practice leave no trace ethics.

The Contractor is strongly encouraged to visit the site prior to bidding to observe the access to the construction site. Smaller equipment will be necessary to perform the work as tree removal is not allowed.

The Contractor shall furnish all materials, supplies, labor, services, transportation, tools, equipment, and parts for said work in strict conformity with the accompanying Contract Documents, which are attached hereto and incorporated herein by this reference, including the following:

1. Appendix A – Dory Lake Bid Schedule

2. Appendix B – Dory Lake Specifications

3. Appendix C – Dory Lake Construction Plans

In performing the work, the Firm shall use the degree of care and skill ordinarily exercised under similar circumstances by members of the same profession working in both the Denver-Boulder metropolitan area, and similar areas within the Continental US. The Contractor represents to the County that the Contractor is, and its employees performing such work are, properly licensed and/or registered within the State of Colorado for the performance of the work (if licensure and/or registration is required by applicable law) and that the Contractor and its employees possess the skills, knowledge, and abilities to competently, timely, and professionally complete the Work.

IV. Submittal Requirements

This Request for Proposal (RFP) describes the requested scope of services and information to be included in each proposal. Failure to submit information to the County in accordance with the requirements of this RFP and its procedures may be cause for disqualification. The proposal should be concise and complete, covering all items identified, emphasizing an understanding of the project and the resources to perform the intended work. Unclear, ambiguous statements such as “all reasonable effort to provide” must be avoided. Failure to address any of the requirements may be subject to rejection and/or misinterpretation. Inability to meet any specified requirements must be so stated and thoroughly explained.

Proposals are to be addressed to Ryan Keenan at rkeenan@gilpincounty.org in accordance with the Instructions to Proposers and all other requirements as referenced in this RFP. Proposals will be received until the Proposal Closing Date and Time set forth on the cover page of this RFP, at which time a representative of the County will publicly announce the names of those firms or individuals submitting proposals. No other public disclosure will be made if and until award of Contract.

mailto:rkeenan@gilpincounty.org

The RFP Submittal shall include the following:

1. Letter of Transmittal The letter of transmittal must contain the following statements and information, and is not intended to be a summary of the proposal:

• Company name, address, and telephone number(s) of the firm submitting the proposal.

• Name, title, address, email address and telephone number of the contact person or persons, authorized to represent the firm and to whom to direct correspondence.

• Taxpayer identification numbers of the firm.

• Brief statement of your understanding of the services to be performed and a positive commitment to provide the specified services.

• Signature of a corporate officer or other individual who is legally authorized to bind the applicant to both its proposal and cost schedule.

• Statement which indicates “proposal and cost schedule shall be valid and binding for ninety (90) days following proposal due date and will become part of the contract that is negotiated with Gilpin County.”

2. General Vendor Information – Please provide the following:

• Length of time in business

• Total number of clients

• Number of full-time personnel

• Location of office which would service this account

3. Technical Proposal -

• Provide a detailed technical and narrative response regarding the ability to accomplish the work outlined within the Scope of Work. The Evaluation Criteria listed in the Evaluation of Proposals section below provides additional information and the criteria that evaluators will use.

• Understanding the Proposal. Responses will include comprehensive information and narrative statements that illustrate proposer’s understanding of the requirements of the project and the project schedule.

• Methodology Used for the Proposal. Responses will include comprehensive information and narrative statements that set out the methodology they intend to employ and illustrate how the methodology will serve to accomplish the work.

• Management Plan for the Proposal. Responses will include comprehensive information and narrative statements that set out the management plan they intend to follow and illustrate how the plan will serve to accomplish the work.

• Experience and Qualifications. Responses will include a detailed explanation of your experience with similar projects and employees.

• Provide a detailed narrative describing your firm’s experience with a minimum of three (3) projects of similar size and scope in the past five (5) years.

Examples of Past Projects. Responses will include at least three examples of past completed projects of reasonable similarity.

• Provide a narrative description of the organization and capabilities of the project team and a personnel roster that identifies each person who will actually work on the contract.

• Provide a minimum of three (3) current or former clients where work has been performed within the last five years who may be contacted with respect to your firm’s reputation for high quality of work, responsibility and efficiency. Include the name, email address and telephone number of the executive in each organization who can speak knowledgeably about the quality, timeliness and cost of your work.

4. Financial/Cost Proposal –

• Submit pricing/cost information in a separate package from the technical proposal, clearly marked on the outside. Do not include costs in the technical proposal. Electronic copies of proposals will include separate files for financial and technical proposals. Separate discs or drives are not required.

• Submit a detailed cost proposal including all costs and charges for the proposed services, including any licenses, maintenance, fees, training, implementation, and any other costs required. Estimate the hours and provide cost schedule detail for any service engagements necessary to meet the goals, if appropriate. Break down the cost proposal to indicate all costs. Anticipated project length and/or time frame for work must be included.

5. Descriptive Pages and Brochures –

• All standard descriptive informational pages and brochures should be submitted in a section titled

“APPENDIX.”

V. Evaluation Criteria and Process

A project committee will evaluate all proposals. Proposals shall be evaluated on the basis of the Evaluation Criteria noted herein. The committee may make a selection on the basis of the proposals received, or may choose to "shortlist" prospective firms for further negotiations. The firm selected for the award will be chosen on the basis of the apparent greatest benefit to the County, and not necessarily on the basis of lowest price. Individual interviews may be required for the top firms who have submitted the required information.

Evaluation Criteria Weight

Business/Experience 10%

Understanding the Project 20%

Methodology/Functionality 20%

Management Plan/Administration 20%

Cost 30%

TOTAL 100%

Reference checks, when conducted, will not be rated but will be considered on a “pass/fail” basis.

Following an individual rating period, the evaluation team will meet to discuss the initial rating and may choose to make an award at that time. Failure of the proposer to provide any information requested in this RFP may result in disqualification of the proposal.

THIS REQUEST FOR PROPOSAL IS NOT A COMPETITIVE BID BASED ON PRICE ONLY. The Request for Proposal allows Gilpin County to select the contractor that best meets the needs of the County, taking into consideration proposer qualifications, price, products, and service capabilities and other factors relevant to the City’s policies, programs, administrative resources, and budget.

This RFP has been published at the BidNet Direct System and on the County Web Site.

Any modifications to this RFP or addenda pertaining to this RFP will be published to the BidNet Direct System and on the County Web Site, and all proposers are responsible to periodically check both System for relevant updates prior to the submittal of a proposal.

Written Inquiries – Interested applicants may make written inquiries concerning this RFP to obtain clarification of requirements or additional information. No inquiries will be accepted after the date and time of the Written Inquiry Deadline indicated in the Schedule of Activities. Send all inquiries via email, referencing the RFP number and title in the subject line, to rkeenan@gilpincounty.org.

VI. Deadline for Submission of Proposals

One electronic submission must be received by the County prior to 12:00 p.m. (noon) on March 14 2025. The submission must be labeled as “Dory Lake Pump Replacement“ in the subject line and sent to this email address:

rkeenan@gilpincounty.org. Physical submissions will not be accepted.

Schedule of Activities:

Activity Date (all times are local time)

RFP Issued February 26 2025

Written Question Deadline March 12 2025 Responses to Written Inquiries Delivered March 13 2025

Proposal Submission Deadline March 14 2025

Anticipated Notice of Award March 21 2025 Project Start April 14 2025

VII. Miscellaneous

Gilpin County reserves the right to reject any and all proposals for failure to meet the requirements herein, to waive any technicalities, and to select the proposal which, in the County’s sole judgment, best meets the requirements of the project.

The RFP creates no obligation on the part of the County to award a contract or to compensate the proposer for any costs incurred during proposal presentation, response, submission, presentation or oral interviews (if held). The County reserves the right to award a contract based upon proposals received without further discussion or negotiation. Proposers should not rely upon the opportunity to alter their qualifications during discussions.

The County further reserves the right to make such investigation as it deems necessary to determine the ability of proposers to furnish the required services, and proposers shall furnish all such information for this purpose as the County may request.

Proposers must specifically identify any portions of their submittals deemed to contain confidential or proprietary information, or trade secrets. Those portions must be readily separable from the balance of the proposal. Such designations will not necessarily be conclusive, and proposers may be required to justify why Gilpin County should not, upon written request, disclose such materials.

The County is not responsible for electronic submissions or communications not received, in any way associated with this RFP.

Contract - Pending successful contract negotiations, one or more contracts may be awarded to the Contractor or Contractors whose proposal(s) is/are the most advantageous and offer the best overall value to the County, taking into consideration price and other evaluation factors described in this RFP. If more than one contract is awarded, an effort will be made to award work in an equitable manner taking into consideration the following criteria for each project:

• Specific area of focus / special requirements

• Cost

• Availability of the Contractor

• Prior performance of the Contractor

Appendix A – Dory Lake Bid Schedule

Description Unit Quantity Unit Price Total Cost

1.01 Mobilization LS 1

1.02 "Trail Closed" Signs EA 3

2.01 Remove Existing Pump Skid LS 1

2.02 Remove Exisiting 6 inch HDPE Pipe and Electrical Conduit LF 360

2.03 Remove Existing Pedestal LS 1

2.04 Cut and Cap Existing 6 inch HDPE Pipe and Electrical Conduit LS 1

3.01 RCP pipe anchor EA 3

3.02 Concrete Foundation and Pad CY 3

22.01 6-inch 90° Elbow EA 5

22.02 6"x4" Reducer EA 1

25.01 Control Conductors - exist LCP to new pump CP LS 1

26.01 Electrical Demolition (service equipment, vault, equipment rack) LS 1

26.02 Electrical Service Equipment LS 1

26.03 Power Conduit and Conductors (incl. HH-1&2) LS 1

31.01 Restoration of the Trail LS 1

31.02 Excavation CY 87

31.03 Backfill CY 56

31.04 Restoration of Stabilized Staging Area SY 1,237

31.05 Seeding LS 1

31.06 Construction Fence LF 450

31.07 Rock Socks LF 323

31.08 SSA - Roadway Stabilization SY 1,237

31.09 Dewatering LS 1

33.01 Packaged Pump Installation* LS 1 $0

33.02 6-inch HDPE Suction Pipe LF 190 $0

33.03 1 1/2-inch NPT LF 210 $0

$0

Submitted by: Date:

Federal ID#/SS#: Email:

Address: Phone:

Authorized Fax:

Signature:

Printed Authorized

Signature:

Division 33 Subtotal

Division 26 Subtotal

Division 31 - Site Work

Division 31 Subtotal

Division 33 - Utilities

BID FORM FOR

GILPIN COUNTY

* The Packaged Pump Station (skid and enclosure) has been pre-purchased by the County. The concrete pad shall be included in the installation cost.

DORY LAKE PUMP REPLACEMENT PROJECT

NOTICE TO CONTRACTORS: YOU ARE REQUIRED TO USE THIS FORM WHEN SUBMITTING A BID.

Division 1 - General

Division 1 Subtotal

Division 2 - Existing Conditions

Division 2 Subtotal

Division 3 - Concrete

Division 22 Subtotal

Division 25 Subtotal

Division 3 Subtotal

Appendix B – Dory Lake Specifications

EJCDC® C-522, Contract for Construction of a Small Project.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

Prepared By

Endorsed By

Endorsed By

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

This Contract is by and between Gilpin County (Owner) and [Legal name of Contractor] (Contractor).

Owner and Contractor hereby agree as follows:

ARTICLE 1—THE WORK

1.01 Work

A. Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Project is generally described as follows:

1. Dory Lake Wet Well Pump Station which consists of a new submerged intake to include an air backwash cleaning system and a new wet well with dual submersible pumps.

2. The Site of the Work includes property, easements, and designated work areas described in greater detail in the Contract Documents but generally located in Dory Lake and the corridor south of the lake that contains the existing discharge pipe and conduit.

ARTICLE 2—CONTRACT DOCUMENTS

2.01 Intent of Contract Documents

A. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with Owner and Engineer. This Contract constitutes the entire agreement between Owner and Contractor, and supersedes prior negotiations, representations, and agreements, whether written or oral. The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents.

B. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work under the Contract Documents. During the performance of the Work and until final payment, Contractor and Owner shall submit to Engineer all matters in question concerning the requirements of the Contract Documents, or relating to the acceptability of the Work. Engineer will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents.

C. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media versions) prepared by Engineer or its consultants.

D. Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

(1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed.

E. Nothing in the Contract Documents creates any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity.

2.02 Contract Documents Defined

A. The Contract Documents consist of the following documents:

1. This Contract for Construction of a Small Project.

2. Performance bond.

3. Payment bond.

4. Specifications as listed in the Specifications Table of Contents.

5. Drawings as listed on the Drawing Sheet Index.

6. Addenda.

7. Exhibits to this Contract (enumerated as follows):

a. [Exhibit 1 – Name of Exhibit].

b. [Exhibit 2 – Name of Exhibit].

8. The following which may be delivered or issued on or after the Effective Date of the Contract:

a. Notice to Proceed (EJCDC® C-550).

b. Work Change Directives (EJCDC® C-940).

c. Change Orders (EJCDC® C-941).

d. Field Orders (EJCDC® C-942).

ARTICLE 3—ENGINEER

3.01 Engineer

A. The Engineer for this Project is HR Green, Inc.

ARTICLE 4—CONTRACT TIMES

4.01 Contract Times

A. The Work will be substantially complete on or before [date] and completed and ready for final payment on or before [date].

B. The Work will be substantially complete within [number of days] days after the Effective Date of the Contract and completed and ready for final payment within [number of days] days after the Effective Date of the Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

4.02 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages for delay in completion (but not as a penalty) Contractor shall pay Owner $[amount calculated for liquidated damages] for each day that expires after the Contract Time for substantial completion.

4.03 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times or Contract Price.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or its subcontractors or suppliers.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times.

D. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers.

4.04 Progress Schedules

A. Contractor shall develop a progress schedule and submit it to Engineer for review and comment before starting Work on the Site. Contractor shall modify the schedule in accordance with Engineer’s comments.

B. Contractor shall update and submit the progress schedule to Engineer each month. Owner may withhold payment if Contractor fails to submit the schedule.

ARTICLE 5—CONTRACT PRICE

5.01 Payment

A. Owner shall pay Contractor, in accordance with the Contract Documents, the lump sum amount of $[Contract Price] for all Work.

B. Owner shall pay Contractor, in accordance with the Contract Documents, at the following unit prices for each unit of Work completed:

Item No.

Description Unit Estimated Quantity

Unit Price Extended Price

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Total of all extended prices for Estimated Quantities of Work $

Payment will be made in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price times the actual quantity of that Work item completed. Actual quantities installed will be determined by the Engineer.

ARTICLE 6—BONDS AND INSURANCE

6.01 Bonds

A. When Contractor delivers the signed counterparts of the Contract to Owner, Contractor shall also deliver the performance bond and payment bond to Owner. Each bond must be in an amount equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds must remain in effect until the completion of the correction period specified in Paragraph 7.12 but, in any case, not less than one year after the date when final payment becomes due.

B. Upon request, Owner will provide a copy of the payment bond to any person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work.

6.02 Insurance

A. When Contractor delivers the signed counterparts of the Contract to Owner, Contractor shall furnish certificates, endorsements, and any other evidence of insurance requested by Owner. Insurance is to be provided by companies that are duly licensed or authorized in the jurisdiction in which the Project is located with a minimum A.M. Best rating of A-VII or better.

Contractor shall provide insurance in accordance with the following:

1. Contractor shall provide coverage for not less than the following amounts, or greater where required by Laws and Regulations:

a. Workers’ Compensation and Employer’s Liability

Workers’ Compensation Statutory

Employer’s Liability

Each Accident $

Each Employee $

Policy Limit $

b. Commercial General Liability

General Aggregate $

Products - Completed Operations Aggregate $

Personal and Advertising Injury $

Bodily Injury and Property Damage—Each Occurrence $

c. Automobile Liability

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Bodily Injury

Each Person $

Each Accident $

Property Damage

Each Accident $

[OR]

Combined Single Limit (Bodily Injury and Property Damage) $

d. Excess or Umbrella Liability

Per Occurrence $

General Aggregate $

e. Contractor’s Pollution Liability

Each Occurrence/Claim $

General Aggregate $

B. All insurance policies required to be purchased and maintained will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days after notice has been received by the purchasing policyholder. Within three days of receipt of any such notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer.

C. Automobile liability insurance provided by Contractor will be written on an occurrence basis and provide coverage against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle.

D. Contractor’s commercial general liability policy will be written on a 1996 or later ISO commercial general liability occurrence form and include the following coverages and endorsements:

1. Products and completed operations coverage maintained for three years after final payment;

2. Blanket contractual liability coverage to the extent permitted by law;

3. Broad form property damage coverage; and

4. Severability of interest; underground, explosion, and collapse coverage; personal injury coverage.

E. The Contractor’s commercial general liability and automobile liability, umbrella or excess, and pollution liability policies will include and list Owner and Engineer and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each as additional insureds; and the insurance afforded to these additional insureds will provide primary coverage for all claims covered thereby (including, as applicable, those arising from both ongoing and completed operations) on a non-contributory basis.

1. Additional insured endorsements will include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements.

2. Contractor shall provide ISO Endorsement CG 20 32 07 04, “Additional Insured— Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent for design professional additional insureds.

F. Umbrella or excess liability insurance will be written over the underlying employer’s liability, commercial general liability, and automobile liability insurance. The coverage afforded must be at least as broad as that of each and every one of the underlying policies. Contractor may meet the policy limits specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy’s policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage as that of the underlying policy.

G. The Contractor shall provide property insurance covering physical loss or damage during construction to structures, materials, fixtures, and equipment, including those materials, fixtures, or equipment in storage or transit.

H. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 15.

ARTICLE 7—CONTRACTOR’S RESPONSIBILITIES

7.01 Contractor’s Means and Methods of Construction

A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B. If professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Neither Owner nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services,

(2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services.

7.02 Supervision and Superintendence

A. 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.

B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without notice to and approval by the Owner and Engineer except under extraordinary circumstances.

C. Contractor shall maintain good discipline and order at the Site.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

D. Except as otherwise required for the safety or protection of the Work or persons or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Monday through Friday.

7.03 Other Work at the Site

A. In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site.

B. Contractor shall notify Owner, the owners of adjacent property, the owners of underground facilities and other utilities (if the identity of such owners is known to Contractor), and other contractors and utility owners performing work at or adjacent to the Site when Contractor knows that prosecution of the Work may affect them; and Contractor shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

7.04 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for everything necessary for the performance, testing, start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work must be new and of good quality, and be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable supplier, except as otherwise may be provided in the Contract Documents.

7.05 Subcontractors and Suppliers

A. Just as Contractor is responsible for its own acts and omissions, Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor’s employees; of suppliers and subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work. The Contractor’s retention of a subcontractor or supplier for the performance of parts of the Work will not relieve Contractor’s obligation to Owner to perform and complete the Work in accordance with the Contract Documents.

7.06 Licenses, Fees and Permits

A. Contractor shall pay all license fees and royalties and assume all costs incident to performing 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.

B. Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy, unless otherwise provided in the Contract Documents.

7.07 Laws and Regulations; Taxes

A. Contractor shall give all notices required by, and shall comply with, all local, state, and federal laws and regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any laws or regulations.

B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to laws or regulations, Contractor shall bear all resulting costs and losses, Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

and to the fullest extent permitted by law Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all such claims, costs, losses, and damages.

C. Contractor shall pay all applicable sales, consumer, use, and other similar taxes.

7.08 Record Documents

A. Contractor shall maintain one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved shop drawings in a safe place at the Site. Contractor shall annotate them to show changes made during construction. Contractor shall deliver these record documents to Engineer upon completion of the Work.

7.09 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.

B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs.

C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. All persons on the Site or who may be affected by the Work;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

D. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, or anyone for whose acts the Contractor may be liable, will be remedied by Contractor at its expense (except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of Owner or Engineer and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor).

E. Contractor shall be responsible for coordinating any exchange of safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with laws or regulations.

F. In emergencies affecting the safety or protection of the Work or persons or property at the Site or adjacent thereto, Contractor shall act to prevent damage, injury, or loss. Contractor shall give Engineer prompt notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency, or are required as a result of Contractor’s response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Work Change Directive or Change Order will be issued.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

7.10 Submittals

A. Contractor shall review and coordinate shop drawings, samples, and other submittals with the requirements of the Work and the Contract Documents, and shall verify all related field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information. Contractor shall confirm that the submittal is complete with respect to all related data included in the submittal.

B. Shop drawings and samples must bear a stamp or specific written certification that Contractor has satisfied its obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

C. With each shop drawing or sample submittal, Contractor shall give Engineer specific written notification, in a communication separate from the shop drawing or sample, of any variations that the shop drawing or sample may have from the requirements of the Contract Documents.

D. Engineer will provide timely review of submittals. Engineer’s review and approval of submittals will not extend to the means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs.

E. Engineer’s review of shop drawings and samples will be only to determine if the items covered will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole.

F. Engineer’s review and approval of a separate item in a shop drawing or sample does not indicate approval of the assembly in which the item functions.

G. Contractor shall make corrections required by Engineer, return the required number of corrected copies of shop drawings, and submit new samples for review and approval.

Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

H. Shop drawings are not Contract Documents.

7.11 Warranties and Guarantees

A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its consultants are entitled to rely on Contractor’s warranty and guarantee.

7.12 Correction Period

A. If within one year after the date of substantial completion, any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, or other adjacent areas used by Contractor as permitted by laws and regulations, is found to be defective, then Contractor shall promptly correct any such defective Work and repairs, at no cost to Owner.

7.13 Indemnification

A. To the fullest extent permitted by law, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from all losses, damages, costs, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable.

ARTICLE 8—OWNER’S RESPONSIBILITIES

8.01 Responsibilities

A. Except as otherwise provided in the Contract Documents, Owner shall issue all communications to Contractor through Engineer.

B. Owner shall make payments to Contractor as provided in this Contract.

C. Owner shall provide the Site and easements required to construct the Project.

D. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

E. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

F. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, unless stated elsewhere in the Contract Documents, Owner shall have sole authority and responsibility for such coordination.

G. Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or for related safety precautions and programs, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

ARTICLE 9—ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Engineer’s Status

A. Engineer will be Owner’s representative during construction.

B. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility, or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, its subcontractors, suppliers, or sureties, or to any employee or agent of any of them.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

C. Engineer will make visits to the Site at intervals appropriate to the various stages of construction. Engineer will not be required to make exhaustive or continuous inspections to check the quality or quantity of the Work.

D. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or for related safety precautions and programs, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

ARTICLE 10—CHANGES IN THE WORK

10.01 Authority to Change the Work

A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work.

10.02 Change Orders

A. Owner and Contractor shall execute appropriate Change Orders covering:

1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in the Work which are: (a) ordered by Owner or (b) agreed to by the parties or

(c) resulting from the Engineer’s decision, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

3. Changes in the Contract Price or Contract Times or other changes which embody the substance of any final binding results under Article 12.

B. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

10.03 Work Change Directive

A. A Work Change Directive may be issued to Contractor ordering an addition, deletion, or revision in the Work. A Work Change Directive will not change the Contract Price or Contract Times, but is evidence that the parties expect that the modification ordered or documented by the Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on Contract Price or Contract Times.

10.04 Field Orders

A. Engineer may issue a Field Order to authorize minor changes in the Work, provided that the changes do not involve an adjustment in the Contract Price or Contract Times.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then Contractor shall request such adjustment before proceeding with the Work.

ARTICLE 11—DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

11.01 Differing Site Conditions Process

A. If Contractor believes that any subsurface or physical condition (including but not limited to utilities or other underground facilities) that is uncovered or revealed at the Site either

(1) differs materially from that shown or indicated in the Contract Documents, or (2) is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents, then Contractor shall promptly notify Owner and Engineer about such condition. Contractor shall not further disturb such condition or perform any Work in connection with the condition (except with respect to an emergency) until receipt of authorization to do so.

1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if Contractor knew of, or should have known of, the existence of the condition prior to entry into the Contract.

B. After receipt of notice regarding a possible differing subsurface or physical condition, Engineer will promptly:

1. Review the condition in question;

2. Determine if it is necessary for Owner to obtain additional exploration or tests with respect to the condition;

3. Determine whether the condition falls within one of the two differing site condition categories described in Paragraph 11.01.A.;

4. Obtain any pertinent cost or schedule information from Contractor;

5. Advise Owner of Engineer’s findings, conclusions, and recommendations, including recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question, the need for any change…