SV-102 Summitville Dam Impoundment Head Gate and Controls

Division 00 Contract Documents Table of Contents

1. Advertisement for Bids

2. Information for Bidders

3. Bid Form

4. Bid Schedule

5. Bid Bond

6. Contractor's Agreement

7. Contractor's Agreement General Conditions

8. Unauthorized Immigrants UI-1

9. Change Order

10. Emergency Field Change Order

11. Contract Management System Reporting Form

Note: Items shown in bold must be completed and returned with the Contractor's bid.

INVITATION FOR BIDS - CONSTRUCTION

State of Colorado

Department of Public Health & Environment Notice Number: SV-102

Project No: SV-102 Project Title: Summitville Dam Impoundment Head Gate and

Controls Estimated Construction Cost: $50,000

Project Description:

The work to be performed under this project shall be the kind-for-kind replacement of deteriorating head gate assemblies of the Summitville Dam Impoundment. The work consists of removing heavily corroded steel head gate assemblies, oil seal packing assemblies, galvanized piping, pipe couplings, and grout base pads, inspection of existing anchors bolts, bronze nuts, stainless steel washers and steel valve stem material, and installation of stainless steel head gate assemblies with grout base pad, galvanized piping, and oil seal packing assemblies The work must be completed in conformance with OSHA 29 CFR 1910.120 requirements and all other applicable health and safety standards.

Project Information:

1. The Principal Representative has determined that the entire project shall be substantially complete within 100 days and the project shall be finally complete, including the delivery of any or all guarantees and warranties, the submittal of sales and use tax payment forms, the completion of the final punch list and the calling for final inspection, within 130 days. The anticipated Notice to Proceed date is May 7, 2016, with the start of on site construction anticipated to be August 1, 2016.

2. The majority of the funds for this project are federal funds distributed to the State by the US Environmental Protection Agency. As such, there will be federal requirements applicable to the project.

3. Bidding Documents are available as electronic files at www.colorado.gov/vss.

Solicitation title is Summitville Dam Impoundment Head Gate and Controls.

4. Each Bid shall be submitted on the required Bid Form and must be accompanied by a Bid Bond on State Buildings Programs Bid Bond Form SC-6.14 in an amount not less than 5% of the total Bid. The Bid Bond may also be (1) a cashier's check or (2) a certified check made payable to the State of Colorado, Department of Public Health and Environment, in an amount not less than 5% of the total Bid.

The Bid Bond is submitted as a guaranty that the Bid will be maintained in full force and effect for a period of forty-five (45) days after the opening of the Bids for the project.

4. The Bidder promises, in submitting a Bid, that if issued a Notice of Award, the Bidder will, within the prescribed time, execute the required Agreement and furnish the required documents, or forfeit his Bid Bond as Liquidated Damages.

5. Minimum qualification criteria have been established for this project. The minimum qualifications are:

a. Contractor shall have a license to conduct business in the state of Colorado.

b. Company shall demonstrate successful completion of at least three similar projects that include installation head gate and controls on jurisdictional dams in Colorado.

Documentation of qualifications must be submitted with the bid.

To be considered, firms must be registered with the Colorado Operations Resource Engine (CORE) Vender Self Service (VSS) at www.colorado.gov/vss.

6. Preference shall be given to Colorado resident bidders and for Colorado labor, as provided by law.

7. Rights are reserved to waive informalities or irregularities, and to reject any and all Bids.

8. A Mandatory Pre-Bid Meeting will be held at the Summitville Mine site on October 20, 2015. Those attending the Mandatory Pre-Bid Meeting will meet at the intersection of Highway 160 and Park Creek Road at 9:00 am and proceed to the project site. The intersection of Highway 160 and Park Creek Road is located approximately 7.5 miles west of the town of South Fork.

9. Questions: Registered bidders may submit questions by email only to Timothy Massangale at timothy.massangale@state.co.us Questions are due by October 27, 2015 at 3:00 PM. Answers will be provided in an addendum, anticipated to be published on November 3, 2015 at www.colorado.gov/vss.

10. Required Documents: Bidders must complete and submit all required supporting documents with the bid. This includes:

Contractor’s Bid – Form SBP-6.13 Bid Schedule Bid Bond with Power of Attorney Certification and Affidavit Regarding Unauthorized Immigrants – Form UI-1 Bidder Minimum Qualifications Documentation

11. Bids Due: December 18, 2015 at 2:00 PM

Immediately following the bid submission deadline, there will be a public bid opening in Room C1B. Attendees to the bid opening should arrive no later than 1:45 PM and sign in at the security desk located in Building A, 4300 Cherry Creek Drive South, Denver CO 80246.

Address: Attn: Timothy Massangale, CPPB, Senior Purchasing Agent c/o Purchasing Dept. - Building Operations B-1 Colorado Department of Public Health & Environment 4300 Cherry Creek Drive South Denver, Colorado 80246

Comments: For hand delivery, mailroom is near the NW corner of Building B;

obtain a receipt for your submittal. Phone: 303-692-2072.

This Notice is also available on the web at www.colorado.gov/vss

Media of Publication: Daily Journal, Denver Valley Courier, Alamosa Springs Sun, Pagosa Springs

Publication Dates: 10/8/2015 and 10/15/2015

State Form SBP-6.12 Page 1 of 2 Rev. 7/2014

STATE OF COLORADO

OFFICE OF THE STATE ARCHITECT

STATE BUILDINGS PROGRAMS

INFORMATION FOR BIDDERS

Institution or Agency: Colorado Department of Public Health and Environment Project No./Name: SV-102 Summitville Dam Impoundment Head Gate and Controls

1. BID FORM: Bidders are required to use the Bid form attached to the bidding documents. Each bidder is required to bid on all alternates and indicate the time from the date of the Notice to Proceed to Substantial Completion in calendar days, and in addition, the bidder is required to indicate the period of time to finally complete the project from Substantial Completion to Final Acceptance, also in calendar days. Bids indicating times for Substantial Completion and Final Acceptance in excess of the number of days indicated in the Advertisement for Bids for completion of the entire Project may be found non-responsive and may be rejected.

The bid shall not be modified or conditioned in any manner. Bids shall be submitted in sealed envelopes bearing the address and information shown below. If a bid is submitted by mail, this aforementioned sealed envelope should be enclosed in an outer envelope and sent to the following addressee:

INSERT NAME OF AGENCY AND ADDRESS WHERE BID SHOULD BE DELIVERED

The outside of the sealed inner envelope should bear the following information:

Project # Project Name Name and Address of Bidder Date of Opening Time of Opening

2. INCONSISTENCIES AND OMISSIONS: Bidders may request clarification of any seeming inconsistencies, or matters seeming to require explanation, in the bidding documents according to the schedule included in the Advertisement for Bids. Decisions of major importance on such matters will be issued in the form of addendum.

3. APPLICABLE LAWS AND REGULATIONS: The bidder’s attention is called to the fact that all work under this

Contract shall comply with the provisions of all state and local laws, approved state building codes, ordinances and regulations which might in any manner affect the work to be done or those to be employed in or about the work. Attention is also called to the fact that the use of labor for work shall be governed by the provisions of Colorado law which are hereinafter set forth in Articles 27 and 52E of the GENERAL CONDITIONS.

4. UNAUTHORIZED IMMIGRANTS: Note that the Special Provisions of the General Conditions of the Contract includes the following language: PUBLIC CONTRACTS FOR SERVICES - CRS 8-17.5-101 and PUBLIC CONTRACTS WITH NATURAL PERSONS - 24-76.5-101. The Contractor certifies that the Contractor shall comply with the provisions of CRS 8-17.5-101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise will comply with the requirements of CRS 8-17.5-102(2)(b). The Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the State may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the State.

A Contractor that operates as a sole proprietor hereby swears or affirms under penalty of perjury that the Contractor (i) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq, and (iii) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Contract. Except where

State Form SBP-6.12 Page 2 of 2 Rev. 7/2014 exempted by federal law and except as provided in CRS 24-76.5-103(3), a Contractor that receives federal or state funds under this contract must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS 24-76.5-103(4) if such individual applies for public benefits provided under this contract.

5. TAXES: The bidder’s attention is called to the fact that the Bid submitted shall exclude all applicable federal excise or manufacturers’ taxes and all state sales and use taxes as hereinafter set forth in Article 9C of the

GENERAL CONDITIONS.

6. OR EQUAL: The words “OR EQUAL” are applicable to all specifications and drawings relating to materials or equipment specified. Any material or equipment that will fully perform the duties specified, will be considered “equal”, provided the bidder submits proof that such material or equipment is of equivalent substance and function and is approved, in writing.

7. ADDENDA: Owner/architect initiated addenda shall not be issued later than two (2) business days prior to bid opening date. All addenda shall become part of the Contract Documents and receipt must be acknowledged on the Bid form.

8. METHOD OF AWARD - LOWEST RESPONSIBLE BIDDER: If the bidding documents for this project require alternate prices, additive and/or deductible alternates shall be listed on the alternates bid form provided by the Principal Representative. Bidders should note the Method of Award is applicable to this Bid as stated below.

A. DEDUCTIBLE ALTERNATES: The lowest responsible Bid, taking into account the Colorado resident bidder preference provision of Colorado law, will be determined by and the contract will be awarded on the base bid combined with deductible alternates, deducted in numerical order in which they are listed in the alternates bid form provided by the Principal Representative. The subtraction of alternates shall result in a sum total within available funds. If this bid exceeds such amount, the right is reserved to reject all bids.

An equal number of alternates shall be subtracted from the base bid of each bidder within funds available for purposes of determining the lowest responsible bidder.

B. ADDITIVE ALTERNATES: The lowest responsible Bid, taking into account the Colorado resident bidder preference provision of Colorado law, will be determined by and the contract will be awarded on the base bid plus all additive alternates added in the numerical order in which they are listed in the alternates bid form provided by the Principal Representative. The addition of alternates shall result in a sum total within available funds. If this bid exceeds such amount, the right is reserved to reject all bids. An equal number of alternates shall be added to the base bid of each bidder within funds available for purposes of determining the lowest responsible bidder.

C. DEDUCTIBLE AND ADDITIVE ALTERNATES: Additive alternates will not be used if deductible alternates are used and deductible alternates will not be used if additive alternates are used.

9. NOTICE OF CONTRACTOR’S SETTLEMENT – Agencies/institutions must indicate in the initial Solicitation (Advertisement for Bids, Documented Quotes, or Requests for Proposals) whether settlement will be advertised in newspapers or electronic media.

State Form SBP-6.13 Rev.7/2014

STATE BUILDINGS PROGRAMS

BID

Institution/Agency: Colorado Department of Public Health and Environment

Bidder Acknowledges Receipt of Addenda Numbers:

Bidder Anticipates Services outside the United States or Colorado: No Yes If Yes see 3A below Bidder will comply with 80% Colorado Labor on project above $500,000: Yes No If No see 3B below Bidder is a Service-Disabled Veteran Owned Small Business: No Yes If Yes see 3C below

Base Bid $

(Refer to Bid Alternate Form SC-6.13.1 Attached, If Applicable)

Bidder’s Time of Completion

a. Time Period from Notice to Proceed to Substantial Completion:

b. Time Period from Substantial Completion to Final Acceptance:

c. Total Time of Completion of Entire Project (a + b):

1. BID: Pursuant to the advertisement by the State of Colorado dated the undersigned bidder hereby proposes to furnish all the labor and materials and to perform all the work required for the complete and prompt execution of everything described or shown in or reasonably implied from the Bidding Documents, including the Drawings and Specifications, for the work and for the base bid indicated above. Bidders should include all taxes that are applicable.

2. EXAMINATION OF DOCUMENTS AND SITE: The bidder has carefully examined the Bidding Documents, including the Drawings and Specifications, and has examined the site of the Work, so as to make certain of the conditions at the site and to gain a clear understanding of the work to be done.

3. PARTIES INTERESTED IN BID: The bidder hereby certifies that the only persons or parties interested in this Bid are those named herein, and that no other bidder or prospective bidder has given any information concerning this Bid.

A. If the bidder anticipates services under the contract or any subcontracts will be performed outside the United States or Colorado, the bidder shall provide in a written statement which must include, but need not be limited to the type of services that will be performed at a location outside the United States or Colorado and the reason why it is necessary or advantageous to go outside the United States or Colorado to perform such services. (Does not apply to any project that receives federal moneys)

B. For State Public Works projects per C.R.S. 8-17-101, Colorado labor shall be employed to perform at least 80% of the work. Colorado Labor means any person who is a resident of the state of Colorado at the time of the Public Works project. Bidders indicating that their bid proposal will not comply with the 80% Colorado Labor requirement are required to submit written justification along with the bid submission. (Does not apply to any project that receives federal moneys–

C. A Service-Disabled Veteran Owned Small Business (SDVOSB) per C.R.S. 24-103-211, means a business that is incorporated or organized in Colorado or maintains a place of business or has an office in Colorado and is officially registered and verified by the Center for Veteran Enterprise within the U.S. Department of Veteran Affairs. Attach proof of certification along with the bid submission.

4. BID GUARANTEE: This Bid is accompanied by the required Bid Guarantee. You are authorized to hold said Bid Guarantee for a period of not more than thirty (30) days after the opening of the Bids for the work above indicated, unless the undersigned bidder is awarded the Contract, within said period, in which event the Director, State Buildings Programs, may retain said Bid Guarantee, until the undersigned bidder has executed the required Agreement and furnished the required Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance and Affidavit Regarding Unauthorized Immigrants.

5. TIME OF COMPLETION: The bidder agrees to achieve Substantial Completion of the Project from the date of the Notice to Proceed within the number of calendar days entered above, and in addition, further agrees that the period between Substantial Completion and Final Acceptance of the Project will not exceed the number of

State Form SBP-6.13 Rev.7/2014 calendar days noted above. If awarded the Work, the bidder agrees to begin performance within ten (10) days from the date of the Notice to Proceed subject to Article 46, Time of Completion and Liquidated Damages of The General Conditions of the Contract, and agrees to prosecute the Work with due diligence to completion. The bidder represents that Article 7D of the Contractor’s Agreement (SC-6.21) has been reviewed to determine the type and amount of any liquidated damages that may be specified for this contract.

6. EXECUTION OF DOCUMENTS: The bidder understands that if this Bid is accepted, bidder must execute the required Agreement and furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy and Certificates of Insurance and Affidavit Regarding Unauthorized Immigrants within ten (10) days from the date of the Notice of Award, and that the bidder will be required to sign to acknowledge and accept the Contract Documents, including the Drawings and Specifications.

7. ALTERNATES: Refer to the Information for Bidders (SC-6.12) for Method of Award for Alternates and use State Form SBP-6.13.1 Bid Alternates form to be submitted with this bid form if alternates are requested by the institution/agency in the solicitation documents.

8. Submit wage rates (direct labor costs) for prime contractor and subcontractor as requested by the institution/agency in the solicitation documents.

9. The right is reserved to waive informalities and to reject any and all Bids.

SIGNATURES: If the Bid is being submitted by a Corporation, the Bid should be signed by an officer, i.e., President or Vice-President. If a sole proprietorship or a partnership is submitting the Bid, the Bid shall so indicate and be properly signed.

Dated this Day of , 20

THE BIDDER:

Company Name Address (including city, state and zip)

Phone number:

Name (Print) and Title Signature

Colorado Department of Public Health and Environment Summitville Mine Superfund Site

Summitville Dam Impoundment Head Gate and Controls Project SV‐102

BID SCHEDULE

Item Description Unit Quantity Unit Price Extension

1 Removal of Material LS 1

2a Galvanized Schedule 40 Pipe, 2‐1/2" Diameter LF 64

2b Galvanized Schedule 40 Pipe, 2‐1/2" Coupling EA 2

2c Oil Seal Packing Assembly EA 2

3 Hydrogate Head Gate 561 Series Assembly Size 15" x 15" LS 2

TOTAL BID: ___________________

TOTAL BID (in words): ________________________________________________________________________

Note: Total bid price shall include costs for all labor and materials and related work necessary for a complete and functioning project as described in the 'Summitville Dam Impoundment Head Gate and Controls' bid documents dated January 14, 2015.

ADDITIVE ALTERNATE BID ITEMS

Item Description Unit Quantity Unit Price Extension

4a Removal and Installation, 1/2" Dia. x 18" Long Anchor Bolt EA 8

4b Removal and Installation, 1/2" Dia. x 18" Long Anchor Bolt EA 12

5 Galvanized Schedule 40 Pipe, 2‐1/2" Pipe Clamps EA 8

6a Replacement of 1/2" Bronze Nuts EA 16

6b Replacement of 5/8" Bronze Nuts EA 24

6c Replacement of 1/2" Stainless Steel Washers EA 16

6d Replacement of 5/8" Stainless Steel Washers EA 24

7a Stainless Steel Valve Stem, 1‐1/2" Diameter LF 18

7b Cold Rolled Steel Valve Stem, 1‐1/2" Diameter LF 48

Rev. 4‐8‐2015

State Form SBP-6.14 Rev. 10/2006

STATE BUILDINGS PROGRAMS

BID BOND

Institution/Agency: Colorado Department of Public Health and Environment

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, hereinafter called the “PRINCIPAL”, is submitting a PROPOSAL for the above described project, to the STATE OF COLORADO, hereinafter called the “OBLIGEE”.

WHEREAS, the Advertisement for Bids has required as a condition of receiving the Proposals that the Principal submit with the PROPOSAL GUARANTY in an amount not less than five per cent (5%) of the Proposal, which sum it is specifically agreed is to be forfeited as Liquidated Damages in the event that the Principal defaults in his obligation as hereinafter specified, and, in pursuance of which Requirement, this Bid is made, executed and delivered.

NOW THEREFORE, the Principal and a corporation of the State of , duly authorized to transact business in Colorado, as Surety, are held and firmly bound unto the Obligee, in the sum of five per cent (5%) of the Principal’s total bid price, lawful money of the United States for the payment of which sum, well and truly to be made to the Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

FURTHER THAT, a condition of the obligation that the Principal shall maintain his Proposal in full force and effect for thirty (30) days after the opening of the proposals for the project, or, if the Principal’s Proposal is accepted, the Principal shall, within the prescribed time, execute the required Agreement, furnish the required Performance Bond, Labor and Material Payment Bond, Insurance Policy, Certificates of Insurance and Certification and Affidavit Regarding Illegal Aliens, then this obligation shall be null and void, otherwise it shall remain in full force and effect, and subject to forfeiture upon demand as Liquidated Damages.

IN WITNESS WHEREOF said Principal and Surety have executed this Bond, this day of , A.D., 20 .

(Corporate Seal) THE PRINCIPAL

Company Name

ATTEST

Address (including city, state and zip) Secretary Phone number:

Name (Print) Signature

Name (Print) and Title

SIGNATURES If the “Principal” is doing business as a Corporation, the Bid Bond shall be signed by an officer, i.e., President or

Vice President. The signature of the officer shall be attested to by the Secretary and properly sealed.

If the “Principal” is an individual or a partnership, the Bid Bond shall so indicate and be properly signed.

(Corporate Seal) THE SURETY

By __________________________________________ Secretary Attorney-in-Fact

THIS BOND MUST BE ACCOMPANIED BY POWER OF ATTORNEY, EFFECTIVELY DATED.

FAILURE TO PROVIDE A PROPERLY EXECUTED BID BOND WITH A PROPERLY EXECUTED POWER OF

ATTORNEY WILL RESULT IN THE BIDDER’S PROPOSAL BEING DEEMED NON-RESPONSIVE.

Rev. 1/2014

SC-6.21

CONTRACTOR'S DESIGN/BID/BUILD (D/B/B) AGREEMENT

(STATE FORM SC-6.21)

CONTRACT ID NUMBER:

AGENCY IDENTIFICATION NUMBER:

PROJECT NUMBER: SV-102

PROJECT NAME: Summitville Dam Impoundment Head Gate and Controls

Rev. 1/2014 1 of 1

STATE OF COLORADO

CONTRACTOR'S DESIGN/BID/BUILD AGREEMENT

TABLE OF CONTENTS Page(s)

RECITALS 1

ARTICLE 1. Performance of the Work 1

ARTICLE 2. Provisions of the Contract Documents 1

ARTICLE 3. Time of Completion 1

ARTICLE 4. Essential Condition 1

ARTICLE 5. Contract Sum 1

ARTICLE 6. Contract Documents 1

ARTICLE 7. Optional Provisions and Elections 2

SIGNATURE APPROVALS 3

Exhibits:

A Contractor's Bid (Form SC-6.13) B Performance Bond (Form SC-6.22) C Labor and Material Payment Bond (Form SC-6.221) D Insurance Certificates E Certification and Affidavit Regarding Unauthorized Immigrants (required at contract signing prior to commencing work) F Contract Management Information Construction Contractor G Building Code Compliance Policy: Coordination of Approved Building Codes, Plan Reviews and Building Inspections H Federal Requirements

Rev. 1/2014 Page 1 of 3

STATE OF COLORADO

CONTRACTOR'S DESIGN/BID/BUILD (D/B/B) AGREEMENT

(STATE FORM SC-6.21)

Agency I.D. No.: Contract ID No.: Project No.

1. PARTIES. THIS AGREEMENT is entered into by and between the STATE OF COLORADO, acting by and through the Colorado Department of Public Health and Environment , hereinafter referred to as the Principal Representative, and (vendor name) having its offices at (vendor address) hereinafter referred to as the Contractor.

2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Agreement shall not be effective or enforceable until it is approved and signed by the State Controller or its designee (hereinafter called the “Effective Date”), but shall be effective and enforceable thereafter in accordance with its provisions. The State shall not be liable to pay or reimburse Contractor for any performance hereunder or be bound by any provision hereof prior to the Effective Date.

WHEREAS, the Principal Representative intends to replace deteriorating head gate assemblies of the Summitville Dam Impoundment, including removal of existing head gate assemblies and replacement with new assemblies . Hereinafter called the Project; and

WHEREAS, authority exists in Law and Funds have been budgeted, appropriated, and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number , Account Number , Contract Encumbrance Number , and

WHEREAS, this is a phase one waived contract, waiver number 156 Contractors Agreement for Capital Construction Form SC6.21.

WITNESSETH, that the State of Colorado and the Contractor agree as follows:

ARTICLE 1. PERFORMANCE OF THE WORK

The Contractor shall perform all of the Work required for the complete and prompt execution of everything described or shown in, or reasonably implied from the Contract Documents for the above referenced Project.

ARTICLE 2. PROVISIONS OF THE CONTRACT DOCUMENTS

The Contractor agrees to perform the Work to the highest industry standards and to the satisfaction of the State of Colorado and its Architect/Engineer in strict accordance with the provisions of the Contract Documents.

ARTICLE 3. TIME OF COMPLETION

The Contractor agrees to Substantially Complete the Project within 30 calendar days from the date of the Notice to Proceed, in addition, the Contractor agrees to finally complete the Project from Substantial Completion to Final Acceptance within 10 calendar days for a total time of completion of the entire Project of 40 calendar days. The Contractor shall perform the Work with due diligence to completion.

ARTICLE 4. ESSENTIAL CONDITION

Timely completion of the Project is an essential condition of this Agreement. The Contractor shall be subject to any liquidated damages described in Article 7D for failure to satisfactorily complete the Work within the time periods in Article 3 above.

ARTICLE 5. CONTRACT SUM

The Contractor shall be paid for the performance of this Agreement, subject to any additions and deductions as provided for in Articles 32, 34 and 35 of The General Conditions of the Construction Contract SC-6.23, the sum of

DOLLARS AND NO/100* ($ *).

ARTICLE 6. CONTRACT DOCUMENTS

The Contract Documents, as enumerated in Article 1 of The General Conditions of the Contractor’s Design/Bid/Build (D/B/B) Agreement SC-6.23, are all essential parts of this Agreement and are fully incorporated herein.

Rev. 1/2014 Page 2 of 3

ARTICLE 7. OPTIONAL PROVISIONS AND ELECTIONS

The provisions of this Article 7 alter the Articles (The General Conditions of the Contractor’s Design/Bid/Build Agreement SC-6.23) or enlarge upon them as indicated:

The Principal Representative and or the State Buildings Programs shall mark boxes and initial where applicable.

A. MODIFICATION OF ARTICLE 45. GUARANTEE INSPECTIONS AFTER COMPLETION

If the box below is marked the six month guarantee inspection is not required.

______ Principal Representative initial

B. MODIFICATION OF ARTICLE 27. LABOR AND WAGES

If the box is marked the Federal Davis-Bacon Act shall be applicable to the Project. The minimum wage rates to be paid on the Project shall be furnished by the Principal Representative and included in the Contract Documents.

______ Principal Representative initial

C. MODIFICATION OF ARTICLE 39. NON-BINDING DISPUTE RESOLUTION –

FACILITATED NEGOTIATIONS

If the box is marked, and initialed by the State as noted, the requirement to participate in facilitated negotiations shall be deleted from this Contract. Article 39, Non-Binding Dispute Resolution – Facilitated Negotiations, shall be deleted in its entirety and all references to the right to the same where ever they appear in the contract shall be similarly deleted.

The box may be marked only for projects with an estimated value of less than $500,000.

______ Principal Representative initial

D. MODIFICATION OF ARTICLE 46. TIME OF COMPLETION AND LIQUIDATED DAMAGES

If an amount is indicated immediately below, liquidated damages shall be applicable to this Project as, and to, the extent shown below. Where an amount is indicated below, liquidated damages shall be assessed in accordance with and pursuant to the terms of The General Conditions of the Design/Bid/Build Agreement Article 46, Time of Completion And Liquidated Damages, in the amounts and as here indicated. The election of liquidated damages shall limit and control the parties right to damages only to the extent noted.

1. For the inability to use the Project, for each day after the number of calendar days specified in the Contractor’s bid for the Project and the Agreement for achievement of Substantial Completion, until the day that the Project has achieved Substantial Completion and the Notice of Substantial Completion is issued, the Contractor agrees that an amount equal to ____________zero_________________ ($ 0.00 ) shall be assessed against Contractor from amounts due and payable to the Contractor under the Contract, or the Contractor and the Contractor’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due, but amounts remaining are insufficient to cover the entire assessment.

2. For damages related to or arising from additional administrative, technical, supervisory and professional expenses related to and arising from the extended closeout period, for each day in excess of the number of calendar days specified in the Contractor’s bid for the Project and the Agreement to finally complete the Project as defined by the issuance of the Notice of Final Acceptance) after the issuance of the final Notice of Substantial Completion, the Contractor agrees that an amount equal to ______________two thousand______________________ ($ 1000.00 ) shall be assessed against Contractor from amounts due and payable to the Contractor under the Contract, or the Contractor and the Contractor’s Surety shall pay to the Principal Representative such sum for any deficiency, if amounts on account thereof are deducted from remaining amounts due but amounts remaining are insufficient to cover the entire assessment.

E. NOTICE IDENTIFICATION

All Notices pertaining to General Conditions or otherwise required to be given shall be transmitted in writing, to the individuals at the addresses listed below, and shall be deemed duly given when received by the parties at their addresses below or any subsequent persons or addresses provided to the other party in writing.

Rev. 1/2014 Page 3 of 3

Notice to Principal Representative:

With copies to (State Buildings Programs (or Delegate) State of Colorado):

Notice to Contractor:

With copies to:

SIGNATURE APPROVALS:

THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT

*Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor’s behalf and acknowledge that the State is relying on their representations to that effect. Principal is not a recognized title and will not be accepted

Project Name/Number:

Contract ID No.:

THE CONTRACTOR STATE OF COLORADO, acting by and through:

(Insert Name & Title of Agency or IHE)

By:

Legal Name of Contracting Entity

(Insert Name & Title of Person Signing for Agency or IHE)

Date:

*Signature APPROVED

DEPARTMENT OF PERSONNEL & ADMINISTRATION

By STATE BUILDINGS PROGRAMS

Name (print) Title State Architect (or authorized Delegate)

Date: By:

(Insert Name of Authorized Individual)

ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER:

CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contactor for such performance or for any goods and/or services provided hereunder.

APPROVED:

STATE CONTROLLER'S OFFICE

State Controller (or authorized Delegate)

By:

(Insert Name & Title of Authorized Individual)

EXHIBIT A

CONTRACTOR’S BID (Form SBP-6.13)

EXHIBIT B

PERFORMANCE BOND (Form SC-6.22)

EXHIBIT C

LABOR AND MATERIAL PAYMENT BOND (Form SC-6.221)

EXHIBIT D

INSURANCE CERTIFICATE(S) (attached)

EXHIBIT E

Certification and Affidavit Regarding Unauthorized Immigrants (required at contract signing prior to commencing work) (UI-1, attached)

EXHIBIT F

Contract Management Information Construction Contractor – Performance Evaluation Report (Form SB-228 C. v1) (if applicable, attached)

EXHIBIT G

Building Code Compliance Policy: Coordination of Approved Building Codes, Plan Reviews and Building Inspections

SC-6.23

THE GENERAL CONDITIONS OF THE CONTRACTOR’S DESIGN/BID/BUILD (D/B/B) AGREEMENT

(STATE FORM SC-6.23)

Rev. 1/2014 i

TABLE OF CONTENTS

THE CONTRACT

ARTICLE 1. DEFINITIONS………………………………….……………………..………….……………..…….…… 1

A. CONTRACT DOCUMENTS……….……………….………………………………………………………... 1

B. DEFINITIONS OF WORDS AND TERMS USED……………………….…………………………………. 2

ARTICLE 2. EXECUTION, CORRELATIONS, INTENT OF DOCUMENTS, COMMUNICATIONS AND

COOPERATION….…………………………………………………………….……..…………………..

A. EXECUTION…………………………………………………………………….….………………..………. 4

B. CORRELATION………………………………………………………………………………….……..……… 4

C. INTENT OF DOCUMENTS……………….……………………………………………….………………….. 4

D. PARTNERING, COMMUNICATIONS AND COOPERATION……………………………………….……. 5

ARTICLE 3. COPIES FURNISHED………………………………………………………….……..………………….. 5

ARTICLE 4. OWNERSHIP OF DRAWINGS……………………………………………….…..……………………... 6

THE ARCHITECT

ARTICLE 5. ARCHITECT/ENGINEER’S STATUS………………….……………………..……………….……….. 6

ARTICLE 6. ARCHITECT/ENGINEER DECISIONS AND JUDGMENTS………..………..……………………… 6

A. DECISIONS………………………….…………………………………………………………………………. 6

B. JUDGMENTS…………………………………..………………………………………………………………. 6

C. ACCESS TO WORK…………………….…………………………………………………………………….. 6

D. INSPECTION………………………………………..……………………………………………………….… 6

THE CONTRACTOR

ARTICLE 7. CONTRACTOR’S SUPERINTENDENCE AND SUPERVISION….……………..………………….. 7

ARTICLE 8. MATERIALS AND EMPLOYEES….…………………………………………..……………………..… 8

ARTICLE 9. SURVEYS, PERMITS, LAWS, TAXES AND REGULATIONS………………...……………………. 8

A. SURVEYS………………………………………………………..…………………………………….……….. 8

B. PERMITS AND LICENSES……………..…………………………………………………………………..… 8

C. TAXES……………………………………………….………………………………………………………….. 8

D. LAWS AND REGULATIONS………….……………………….……………………………………………... 9

ARTICLE 10. PROTECTION OF WORK AND PROPERTY……………..………………………………………….. 9

A. GENERAL PROVISIONS………………………….………………………………………………………..… 9

B. SAFETY PRECAUTIONS…………………….……………….………………………………………………. 9

C. EMERGENCIES……………………..…………………………………………………………………………. 10

ARTICLE 11. DRAWINGS AND SPECIFICATIONS ON THE WORK……………..…….….……………………... 10

ARTICLE 12. REQUESTS FOR INFORMATION AND SCHEDULES……………..………….……………………. 10

A. REQUESTS FOR INFORMATION……………..……………………………….…………………………... 10

B. SCHEDULES……………………………………………….…………………..…………………………..….. 10

ARTICLE 13. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES………..………………..….…….……...… 12

A. SUBMITTAL PROCESS…………………………………………………..……….………………………..… 12

B. FABRICATION AND ORDERING……………..…………………………………….……………………..… 13

C. DEVIATIONS FROM DRAWINGS OR SPECIFICATIONS……………..………….……………………... 13

D. CONTRACTOR REPRESENTATIONS………………………………….…………..…….……………….. 13

ARTICLE 14 SAMPLES AND TESTING…………………………………………………..…….…………………….. 13

A. SAMPLES…………………………………………………………………………………………..………….. 13

B. TESTING – GENERAL…….……………..…………………………………………………………………... 14

C. TESTING – CONCRETE AND SOILS…………….…………………………………………………………. 14

D. TESTING – OTHER………….…………………………………..………………………………………….… 14

ARTICLE 15. SUBCONTRACTS………….…………………………………………………..…..………….……….… 14

ARTICLE 16. RELATIONS OF CONTRACTOR AND SUBCONTRACTOR………………..……………………... 15

ARTICLE 17. MUTUAL RESPONSIBILITY OF CONTRACTORS….………………………..……………………... 15

ARTICLE 18. SEPARATE CONTRACTS………………..……………………………………..……………………

ARTICLE 19. USE OF PREMISES……………………………………..……………………………………………….. 16

ARTICLE 20. CUTTING, FITTING OR PATCHING…………………..……………………………………………….. 16

ARTICLE 21. UTILITIES………………………………….…………..…………………………….…………………..… 16

Rev. 1/2014 ii

A. TEMPORARY UTILITIES………………………………………………..……………………………….…… 16

B. PROTECTION OF EXISTING UTILITIES…………..……………………………………………………..… 16

C. CROSSING OF UTILITIES………………………………………..……………………………………….…. 16

ARTICLE 22. UNSUITABLE CONDITIONS……………………..…………………………………………………….. 16

ARTICLE 23. TEMPORARY FACILITIES………………………..…………………………………………………….. 17

A. OFFICE FACILITIES………………………………………………………..……………………………..….. 17

B. TEMPORARY HEAT………………………………..…………………………………….………………..…. 17

C. WEATHER PROTECTION………………………………………………………………………………….… 17

D. DUST PARTITIONS……………………………………..……………………………….……………………. 17

E. BENCH MARKS…………………………………………………..……………………….…………………... 17

F. SIGN…………………………………………………………………………..………….…………………….. 17

G. SANITARY PROVISION…….……………………..…………………………………….……………………. 17

ARTICLE 24. CLEANING UP………..……………………………….…………………………..……………………... 17

ARTICLE 25. INSURANCE…………..……………..………………………………………………….………………... 17

A. GENERAL………….………….………………

B. COMMERCIAL GENERAL LIABILITY INSURANCE (CGL)…….………………………….…………….. 18

C. AUTOMOBILITY INSURANCE………………………………………………………………………………. 18

D. WORKERS COMPENSATIONS INSURANCE………………..……………………..…….…………..…. 18

E. UMBRELLA LIABILITY INSURANCE……………………………………………………………………….. 19

F. BUILDER’S RISK INSURANCE………………………………………………………………………………. 19

G. POLLUTION LIABILITY INSURANCE………………………………………………………………………. 20

H. ADDITIONAL MISCELLANEOUS INSURANCE PROVISIONS…………………………………………... 20

ARTICLE 26. CONTRACTOR’S PERFORMANCE AND PAYMENT BONDS………..………….……….……….. 20

ARTICLE 27. LABOR AND WAGES………………………………………………..…………….………..………….. 21

ARTICLE 28. ROYALTIES AND PATENTS…………………………………………..…………………..…………… 21

ARTICLE 29. ASSIGNMENT…………………………………………………………..………………………………… 21

ARTICLE 30. CORRECTION OF WORK BEFORE ACCEPTANCE………………..……………………...………. 21

PAYMENT AND COMPENSATION

ARTICLE 31. APPLICATIONS FOR PAYMENTS……………….…………..……………………………………….. 22

A. CONTRACTOR’S SUBMITTALS…………………………..…………………………………….………….. 22

B. ARCHITECT/ENGINEER CERTIFICATION………………………….………………………….………….. 23

C. RETAINAGE WITHHELD………………………………………………………..……………………………. 23

D. RELEASE OF RETAINAGE……………………………………………………………….…………………. 23

ARTICLE 32. CERTIFICATES FOR PAYMENTS………………..…………………..……….……..……………..…. 24

ARTICLE 33. PAYMENTS WITHHELD……………………………………………………………….………………... 24

ARTICLE 34. DEDUCTIONS FOR UNCORRECTED WORK……………..……………………….………………... 25

ARTICLE 35. CHANGES IN THE WORK………………………………………………………………………………. 25

A. THE VALUE OF CHANGED WORK…………………………….………………………………………..…. 25

B. DETAILED BREAKDOWN………………………………………………..………………………………….. 26

C HAZARDOUS MATERIALS……………………………………………………………………………………

D EMERGENCY FIELD CHANGE ORDERED WORK……………………………….……………………... 27

E. APPROPRIATION LIMITATIONS – § 24-91-103.6, C.R.S., as amended…………………..…………... 28

ARTICLE 36. CLAIMS………………………..…………..……………………………………………………………..… 28

ARTICLE 37. DIFFERING SITE CONDITIONS…………..………………………………………………………….… 30

A. NOTICE IN WRITING…………………..……………………………………………………………………... 30

B. LIMITATIONS……………………………………….….…………………………………………………….… 31

ARTICLE 38. DELAYS AND EXTENSIONS OF TIME………………………….……….……………….…………... 31

ARTICLE 39. NON-BINDING DISPUTE RESOLUTION – FACILITATED NEGOTIATIONS…….…..….………. 32

COMPLETION

ARTICLE 40. RIGHT OF OCCUPANCY….………………..……………..……………………………….……………. 33

ARTICLE 41. COMPLETION, FINAL INSPECTION, ACCEPTANCE AND SETTLEMENT………..…...……….. 34

A. NOTICE OF COMPLETION………………………………………………………………………………..… 34

B. FINAL INSPECTION…………………………………………………………….………………………..…… 34

C. NOTICE OF SUBSTANTIAL COMPLETION……………………………………………..…………………. 34

Rev. 1/2014 iii

D. NOTICE OF ACCEPTANCE…………………….……………………………………………………………. 35

E. SETTLEMENT………………………………………………..…………………………………………….….. 36

ARTICLE 42. GENERAL WARRANTY AND CORRECTION OF WORK AFTER ACCEPTANCE….….………. 37

ARTICLE 43. LIENS……………………………………………………………………………………………...……..… 37

ARTICLE 44. ONE-YEAR GUARANTEE AND SPECIAL GUARANTEES AND WARRANTIES………..……... 37

A. ONE-YEAR GUARANTEE OF THE WORK…………………………..…………………………………..… 37

B. SPECIAL GUARANTEES AND WARRANTIES…………………………………..…………………..……. 38

ARTICLE 45. GUARANTEE INSPECTIONS AFTER COMPLETION……..……………………………….……..… 38

ARTICLE 46. TIME OF COMPLETION AND LIQUIDATED DAMAGES………..………………………….…….… 38

ARTICLE 47. DAMAGES…………………………………………………………..…………………………….……..… 40

ARTICLE 48. STATE’S RIGHT TO DO THE WORK; TEMPORARY SUSPENSION OF WORK; DELAY

DAMAGES………………………………………………………………………………………..……..…

A. STATE’S RIGHT TO DO THE WORK…………………………..…………………………………………... 40

B. TEMPORARY SUSPENSION OF WORK…………………………………………………………………... 40

C. DELAY DAMAGES………………………………………………………………………..…………………... 41

ARTICLE 49. STATE’S RIGHT TO TERMINATE CONTRACT……….….………………………………….…..….. 41

A. GENERAL……………………………………………………………………………………………………… 41

B. CONDITIONS AND PROCEDURES………………………………..……………………………………..… 42

C. ADDITIONAL CONDITIONS……………………………………………………..…………………………… 42

ARTICLE 50. TERMINATION FOR CONVENIENCE OF STATE………………………………………………..… 42

A. NOTICE OF TERMINATION…………………………………..……………………………………………... 42

B. PROCEDURES……………………………………………………………..………………………………..… 43

ARTICLE 51. CONTRACTOR’S RIGHT TO STOP WORK AND/OR TERMINATE CONTRACT…….….……... 44

ARTICLE 52. SPECIAL PROVISIONS…………………………………………………………………….…….……... 44

A. CONTROLLER’S APPROVAL……………………..…………………………………………………….….. 44

B. FUND AVAILABILITY…………………………………………..……………………………………………… 44

C. GOVERNMENTAL IMMUNITY………………………………………………………………………………. 44

D. INDEPENDENT CONTRACTOR……………………………………………………..……………………… 44

E. COMPLIANCE WITH LAW……………………….………………………………………………….………. 45

F. CHOICE OF LAW………………………………………….………………………………………………….. 45

G. BINDING ARBITRATION PROHIBITED……………………………………………………………………. 45

H. SOFTWARE PIRACY PROHIBITION………………………..…………………………….…………….… 45

I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST………………………………………. 45

J. VENDOR OFFSET………………….……………………………………………………………………….. 45

K. PUBLIC CONTRACTS FOR SERVICES..…………………………………………………………………. 45

L. PUBLIC CONTRACTS WITH NATURAL PERSONS…………………………………………………….. 46

ARTICLE 53. MISCELLANEOUS PROVISIONS………………….………………….……………………………….. 46

A. CONSTRUCTION OF LANGUAGE………………………………………..………………………………… 46

B. SEVERABILITY……………………………………..………………………………………………….……… 46

C. SECTION HEADINGS………………………………………….…………………………………………….. 46

D. AUTHORITY……………………………………………………………….…………………………………... 46

E. INTEGRATION OF UNDERSTANDING………………….…………………………………………………. 47

F. VENUE………………………………………………………………….………………………………………. 47

G. NO THIRD PARTY BENEFICIARIES…………………………………………..……………………………. 47

H. WAIVER……………………………………………………………..………………………………………..… 47

I. INDEMNIFICATION…………………………………………………………………………………………… 47

J STATEWIDE CONTRACT MANAGEMENT SYSTEM……………………………………………………. 47

K CORA DISCLOSURE…………………………………………………………………………………………. 48

Note: The sections of the General Conditions indicated in italics (Articles 35 General and 35A, 35B, 37, 38, 46, 48B, 49 and 50) are regulatory and cannot be modified except through appropriate rule making procedures through the Division of Finance and Procurement, Department of Personnel & Administration.

General Conditions of the Contractor’s Design/Bid/Build Agreement

ARTICLE 1. DEFINITIONS

A. CONTRACT DOCUMENTS

The Contract Documents consist of the following some of which are procedural documents used in the administration and performance of the Agreement:

1. Contractor’s Design/Bid/Build Agreement; (SC-6.21);

2. Performance Bond (SC-6.22) and Labor and Material Payment Bond (SC-6.221);

3. General Conditions of the Contractor’s Design/Bid/Build Agreement (SC- 6.23) and if applicable, Supplementary General Conditions;

4. Detailed Specification Requirements, including all addenda issued prior to the opening of the bids; and,

5. Drawings, including all addenda issued prior to the opening of the bids.

6. Change Orders (SC-6.31) and Amendments (SC-6.0), if any, when properly executed.

7. Authorization to Bid (SBP-6.10)

8. Information for Bidders (SBP-6.12);

9. Bid (SBP-6.13);

10. Bid Bond (SBP-6.14);

11. Notice of Award (SBP-6.15);

12. Builder’s risk insurance certificates of insurance (ACORD 25-S);

13. Liability and workers’ compensation certificates of insurance;

14. Notice to Proceed (Design/Bid/Build) (SBP-6.26);

15. Notice of Approval of Occupancy/Use (SBP-01);

16. Notice of Partial Substantial Completion (SBP-071);

17. Notice of Substantial Completion (SBP-07);

18. Notice of Partial Final Acceptance (SC-6.27);

19. Notice of Final Acceptance (SBP-6.271);

20. Notice of Partial Contractor's Settlement (SC-7.3);

21. Notice of Contractor’s Settlement (SBP-7.31);

22. Application and Certificate for Contractor’s Payment (SBP-7.2);

23. Other procedural and reporting documents or forms referred to in the General Conditions, the

Supplementary General Conditions, the Specifications or required by the State Buildings Programs or the Principal Representative, including but not necessarily limited to Pre- Acceptance Check List (SBP-05) and the Building Inspection Record (SBP-BIR). A list of the current standard State Buildings Programs forms applicable to this Contract may be obtained from the Principal Representative on request.

B. DEFINITIONS OF WORDS AND TERMS USED

1. AGREEMENT. The term “Agreement” shall mean the written agreement entered into by the

State of Colorado acting by and through the Principal Representative and the Contractor for the performance of the Work and payment therefore, on State Form SC-6.21. The term Agreement when used without reference to State Form SC-6.21 may also refer to the entirety of the parties’ agreement to perform the Work described in the Contract Documents or reasonably inferable there from. The term “Contract” shall be interchangeable with this latter meaning of the term Agreement

2. ARCHITECT/ENGINEER. The term “Architect/Engineer” shall mean either the architect of record or the engineer of record under contract to the State of Colorado for the Project identified in the Contract Documents.

3. OCCUPANCY. The term “Occupancy” means occupancy taken by the State as Owner after the Date of Substantial Completion at a time when a building or other discrete physical portion of the Project is used for the purpose intended. The Date of Occupancy shall be the date of such first use, but shall not be prior to the date of execution of the Notice of Approval of Occupancy/Use.

Prior to the date of execution of a Notice of Approval of Occupancy/Use, the state shall have no right to occupy and the project may not be considered safe for occupancy for the intended use.

4. CHANGE ORDER. The term “Change Order” means a written order, signed by a Procurement Officer, directing the Contractor to make changes in the Work, in accordance with Article 35A, The Value of Changed Work.

5. COLORADO LABOR. The term “Colorado labor”, as provided in C.R.S. § 8-17-101(2)(a), as amended, means any person who is a resident of the state of Colorado, at the time of the public works project, without discrimination as to race, color, creed, sex, sexual orientation, marital status, national origin, ancestry, age, or religion except when sex or age is a bona fide occupational qualification. A resident of the state of Colorado is a person who can provide a valid Colorado driver’s license, a valid Colorado state-issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days.

6. CONTRACTOR. The word “Contractor” shall mean the person, company, firm, corporation or other legal entity entering into a contract with the State of Colorado acting by and through the Principal Representative

7. DAYS. The term “days” whether singular or plural shall mean calendar days unless expressly stated otherwise. Where the term “business days” is used it shall mean business days of the State of Colorado.

8. DRAWINGS. The term “Drawings” shall mean all drawings approved by appropriate State officials which have been prepared by the Architect/Engineer showing the work to be done, except that where a list of drawings is specifically enumerated in the Supplementary General Conditions or division 1 of the Specifications, the term shall mean the drawings so enumerated, including all addenda drawings.

9. EMERGENCY FIELD CHANGE ORDER. The term “Emergency Field Change Order” shall mean a written change order for extra work or a change in the work necessitated by an emergency as defined in Article 35C executed on State form SC 6.31 and identified as an Emergency Field Change Order. The use of such orders is limited to emergencies and to the amounts shown in Article 35C.

10. FINAL ACCEPTANCE. The terms “final acceptance” or “finally complete” mean the stage in the progress of the work, after substantial completion, when all remaining items of work have been completed, all requirements of the Contract Documents are satisfied and the Notice of Acceptance can be issued. Discrete physical portions of the Project may be separately and partially deemed finally complete at the discretion of the Principal Representative when that portion of the Project reaches such stage of completion and a partial Notice of Acceptance can be issued.

11. NOTICE. The term “Notice”…